Westlake City Zoning Code

TITLE ONE

Scope and Application

1201.01 PURPOSE AND INTENT.

The purpose of this Zoning Code and the intent of Council in its adoption is to promote and protect the public health, safety, convenience, comfort and prosperity and the general welfare of the City, by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business, services, industry or other purposes; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the City, into districts of such number and dimensions in accordance with the objectives of a Guide Plan; and to provide procedures for the administration, interpretation, amendment and enforcement of the Zoning Code.

This Zoning Code is intended to achieve, among others, the following objectives:

(a) To protect the character and values of residential, institutional and public uses, business and industrial uses, and to insure their orderly and beneficial development;

(b) To provide adequate open spaces for light, air and outdoor uses;

(d) To prevent excessive concentration of population;

(e) To regulate and control the location and spacing of buildings on the lot and in relation to the surrounding property so as to carry out the objectives of the Guide Plan;

(f) To regulate the location of buildings and intensity of uses in relation to streets so as to minimize interference by traffic movements and thereby reduce street congestion and improve public safety;

(g) To establish zoning patterns that insure economical extension for sewers, water supply, waste disposal and other public utilities, as well as developments for recreation, schools and other public facilities;

(h) To guide the future development of the City to bring about the gradual conformity of land and building uses in accordance with objectives of the Guide Plan;

(i) To accomplish the specific intents and goals set forth in the introductions to the respective chapters.

(Ord. 1969-169. Passed 7-16-70.)

1201.02 RELATION TO OTHER LAWS.

This Zoning Code shall govern wherever this Code imposes greater restrictions upon the use of buildings or land, the height or bulk of buildings, or requires larger land or building areas, yards or other open space than are otherwise required or imposed by other deed restrictions, codes, laws, ordinances, rules or regulations. Conversely, other city and state codes, laws, ordinances, rules or regulations shall govern where they impose greater restrictions than this Zoning Code.

(Ord. 1969-169. Passed 7-16-70.)

1201.03 INTERPRETATION.

In interpreting and applying the provisions of the Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and the objectives set forth throughout the Zoning Code. Except as specifically provided herein, it is not intended by the Zoning Code to repeal, abrogate or annul any existing provision of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the use of structures and land and the design, erection, alteration or maintenance of structures thereon.

(Ord. 1969-169. Passed 7-16-70.)

1201.04 SEPARABILITY.

If any provision, or the application of any provision, of this Zoning Code or amendments thereto is declared to be invalid by a judicial decision of a court of competent jurisdiction, the effect of such determination shall be limited to that provision or provisions expressly stated to be invalid, and such determination shall not affect, impair or nullify this Zoning Code as amended as a whole or any other part thereof.

(Ord. 1969-169. Passed 7-16-70.)

1203.01 RULES FOR INTERPRETATION.

Words in these regulations are used in their ordinary English usage. Certain terms and words are, however, herein defined and wherever used in this Zoning Code they shall have the meaning indicated in this chapter, except where the context clearly indicates a different meaning.

(Ord. 1969-169. Passed 7-16-70.)

1203.02 INTENT.

For the purpose of interpreting this Zoning Code, the following terms, phrases, words and their derivatives shall have the meanings given herein and shall be construed as if followed by the words "or part thereof." Words used in the singular include the plural.

(a) The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of a criterion or standard is desired and essential unless commensurate criteria or standards are achieved.

(b) All words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.

(c) The phrase "used for" shall include "arranged for", "designed for", "intended for", "maintained for" or "occupied for".

(d) The term "such as" shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative.

(Ord. 1969-169. Passed 7-16-70.)

1203.03 GENERAL TERMS.

As used in this Zoning Code:

(a) "Board" or "Board of Appeals" means the Board of Building and Zoning Appeals.

(Ord. 1988-70. Passed 6-16-88; Ord. 2020-149. Passed 2-18-21.)

(b) "Build" includes establish, construct, erect, assemble, reconstruct, enlarge and alter.

(d) "Clerk" means the duly acting and qualified Clerk of Council of the City.

(e) "Code" means the Zoning Code of the City, being Ordinance 1969-169, passed July 16, 1970, as amended, codified as Part Twelve of these Codified Ordinances.

(f) "Commission" means the City Planning Commission.

(g) "Director of Inspections" means the Director of the Department of Buildings, Structures and Inspections.

(h) "Council" means City Council of Westlake.

(i) "Criterion" means a principle by which the planning of a subdivision or development area shall be guided.

(j) "Developer" means a person commencing proceedings under this Zoning Code to effect a subdivision or development of land for himself or for another.

(k) "District" means a section of the City for which uniform zoning regulations, as provided herein, govern the use of land, structures and premises, the permitted height and area of structures and the area or open spaces about structures.

(l) "Engineer" means the Director of the Department of Engineering.

(m) "Notice" means a written announcement delivered to the person addressed or left at his usual place of residence before the event or action to which it refers will take place.

(n) "Person" means an individual, firm, association, corporation, trust or any other legal entity, including his or its agents.

(o) "Public hearing" means a hearing open to the public, held after public notice thereof has been given, at which any person shall be entitled to be heard concerning the subject matter of the hearing. (Ord. 1988-70. Passed 6-16-88.)

(p) "Public notice" as to the passage and amendment of any zoning ordinance, the maps or regulations thereof, means a notice given in accordance with Charter Article III, Section 13 and Section 1235.06.

(Ord. 2022-9. Passed 4-7-22.)

(q) "Regulation" means a rule, restriction or other mandatory provision intended to control, require or prohibit an act.

(r) "Standard" means a test, measure, model or example of quantity, extent or quality.

(s) "Subdivision" means a division of any parcel of land shown as a unit or as contiguous units in the current records of the County Recorder, into two or more lots, parcels, sites or other divisions of land, any one of which is five acres or less, for the purpose, whether immediate or future, of transfer of ownership including:

(1) "Minor subdivision" means the proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving not more than five lots.

(2) "Major subdivision" means a division of a parcel into two or more lots when such subdivision involves the opening, widening or extension of any street or the granting of easements for the extension and maintenance of sewer, water, storm drainage or other facilities. Any division of a parcel into more than five lots is a major subdivision.

A division of land into parcels of more than five acres for agricultural purposes not involving new streets or easements of access, or a division, sale or exchange of parcels between adjoining lot owners, where such exchange does not create additional building sites, shall not be considered a subdivision.

(t) "Subdivision regulations" means the Planning and Platting Code of the City, codified as Part Eleven of these Codified Ordinances.

(Ord. 1988-70. Passed 6-16-88.)

(u) "Variance" means a deviation from the requirements of this Zoning Code granted by the Board of Building and Zoning Appeals in cases of practical difficulty or unnecessary hardship under the provisions of and as limited by Chapter 1233.

(Ord. 1988-70. Passed 6-16-88; Ord. 2020-149. Passed 2-18-21.)

(v) "Drainageway" means an open or enclosed storm drainage facility which includes storm sewer ditch, natural stream, watercourse or retention facilities, but excluding swales.

(w) "Swale" means an open, depressed land surface area constructed to collect and drain surface water runoff from land adjacent thereto to a ditch, open or enclosed storm sewer, natural stream or watercourse.

(x) "Storm sewer" means that portion of a drainageway that is enclosed in conduit and located below the surface of the ground.

(y) "Ditch" means an open, natural or excavated land surface area constructed to collect and drain surface water runoff from lands draining thereto to an open or enclosed storm sewer, natural stream, or watercourse.

(z) "Director of Planning" means the Director of Planning and Economic Development.
(Ord. 1988-70. Passed 6-16-88.)

(aa) “Wholesale sales” means to sell tangible personal property for the purpose of resale.

(bb) “Retail sales” means to sell tangible personal property directly to the customer for final use or consumption.
(Ord. 1995-125. Passed 10-5-95.)

(cc) “Preschool” means a licensed or unlicensed child day care or child instructional program conducted predominately for children who have not yet entered kindergarten and who are not of compulsory school age.

(Ord. 1997-239. Passed 4-2-98.)

(dd) “Professional services” means a service, the performance of which requires a license from the State of Ohio and for the purposes of these zoning regulations is limited to: insurance, legal, medical, dental, architectural and engineering.

(Ord. 2007-141. Passed 12-6-07.)

(ee) “Recycling Facility” means a specialized plant that stages, stores, receives, separates, packages, and transfers commercially and residentially collected recyclable materials for marketing to end-user manufacturers or to other facilities for further processing.
(Ord. 2014-94. Passed 9-4-14.)

(ff) "Infill Development" means a development of vacant, bypassed parcels of land in otherwise built up areas. In order to be considered an Infill Development parcel, at least 80% of the land located within a 300 foot radius of the property must be developed and access to public or private water, sanitary storm sewer, and streets must be available.
(Ord. 2018-122. Passed 2-7-19.)

(gg) “Entertainment” means the service of alcohol or the provision of music, televisions, loudspeakers or other similar devices that produce, reproduce, or amplify sound. (Ord. 2023-15. Passed 1-4-24.)

1203.04 AREAS.

(a) "Area of buildings" means the area at the ground level of the main building and all accessory buildings, excluding unenclosed porches, terraces and steps, measured from the outside surface of exterior walls.

(b) "Area of dwelling unit" means the sum of the gross floor areas above the cellar level, including those rooms and closets having a minimum ceiling height of seven feet six inches and having the natural light and ventilation as required by the Building Code; rooms above the first floor may be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet if two-thirds of the room area has a minimum ceiling height of seven feet.

(See also Section 1211.25).

(d) "Floor area" means floor space enclosed by exterior walls or fire walls or by a combination of the two.

(e) "Gross floor area" means the sum of the horizontal areas of the several floors of a structure at or above ground level, excluding areas used for accessory garage purposes and such areas as are devoted exclusively to uses accessory to the operation of the main structure. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches.

(f) "Service floor area" means the full floor area used or intended to be used in merchandising, service, amusement, assembly places or similar types of use, for service to the public as customers, patrons, clients, patients or tenants, and includes areas occupied by fixtures and equipment used for service, display or sale of merchandise. It does not include floor areas used principally for nonpublic purposes, such as the storage or packaging of merchandise or laboratory work. The service floor area for business and professional offices, clinics and manufacturing establishments shall be the gross floor area of the structure occupied.

(Ord. 1969-169. Passed 7-16-70.)

1203.05 AUTOMOTIVE USES.

(a) "Private garage" means an accessory building or part of the main building used primarily for the parking or temporary storage of passenger automobiles of occupants of single or two-family dwellings, and in which no occupation, business or service shall be conducted for remuneration. A "garage" is used synonymously with "enclosed parking area."

(Ord. 1969-169. Passed 7-16-70.)

(b) "Storage garage" means an accessory building or part of the main building, other than a private garage, used for the parking or temporary storage of vehicles, including but not limited to, automobiles, trucks, recreational vehicles, or other similar vehicles, and in which no occupation, business or service, may be conducted for remuneration.
(Ord. 2014-54. Passed 6-19-14.)

(c) "Repair garage" means a main or accessory building in which general repair work is performed or which is designed to be used for performance of work on motor vehicles.

(d) "Service garage" means a repair garage accessory to an automobile salesroom.

(e) "Off-street parking facility" means an open or enclosed area (garage) accessible from a public street or drive used only for parking automobiles of owners, occupants, employees, customers or tenants of the main use.

(f) "Automotive service station" means a building and land, including pumps, tanks and equipment, for retail sale of gasoline, lubricants, batteries, tires and other automobile accessories, and which is limited to performing minor services, installations and repairs.

(g) "Parking space" means an area not less than nine feet wide and not less than twenty feet long exclusive of all drives, aisles, ramps and turning space which is designed for the storage of one automobile.

(h) "Off-street loading facility" means an open or enclosed area as part of a building accessible from a public street or drive, designed for the loading or unloading of goods and products from the main use.

(Ord. 1969-169. Passed 7-16-70.)

1203.06 BUILDINGS AND STRUCTURES.

(a) "Structure" means anything built or erected, including, but not limited to, buildings, shelters, stadia, reviewing stands, bandstands, display stands, bleachers, booths, swimming pools, skating rinks, platforms, towers, bridges, trestles, frameworks, bins, fences, barriers, poles, tanks above or below ground and signs. "Structure" also means the supporting framework thereof and appurtenances thereto.

The term "structure" does not include trailers and other vehicles whether on wheels or other supports.

(b) "Building" means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines and which is used as a shelter or enclosure for persons, animals and/or property. This term shall be used synonymously with "structure" unless otherwise noted, and shall be construed as if followed by the words "part or parts thereof."

(d) "Accessory building" means a subordinate building located on a lot containing a main building and the use of which is customarily incidental to that of such main building.

(e) "Building line", synonymous with "setback", means a line established by this Zoning Code, generally parallel with and measured from a front lot line, defining the limits of a front yard in which no building or structure above ground may be located, except as otherwise provided herein.

(f) "Completely enclosed building" means a building separated on all sides from the adjacent open space or from the other buildings, and which is enclosed by a permanent roof and by exterior walls or party walls, pierced only by windows and doors.

(g) "Detached building" means a building surrounded by open space.

(h) "Basement" means a story or space with a floor level more than two feet below adjoining ground but having less than half its clear height below adjoining ground.

(i) "Cellar" means a space having half or more than half of its clear height below adjoining ground.

(j) "Story" means that portion of a structure between the surface of any floor therein and the surface of the floor next above or if there is no floor above, that portion of a structure included between the surface of a floor and the surface of the ceiling next above.

(k) "Half story" means a story under a gabled, hipped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story.

(l) "Seat" means a facility installed or indicated for the seating of one adult person, and includes each twenty lineal inches of benches, pews or space for loose chairs or similar seating facilities.

(Ord. 1969-169. Passed 7-16-70.)

(m) “Structure height” means the vertical distance measured from the average finished grade level to the highest point of a structure unless otherwise specified. The average finished grade level is the average of finished ground elevations at the center of all walls of the building, established for the purpose of regulating the number of stories and the height of the building.

(Ord. 2023-6. Passed 4-20-23.)

(n) "Satellite receiving dish" means a parabolic shaped antenna and receiving equipment oriented toward a fixed orbit satellite for receiving and processing RF (radio frequency) signals.

(Ord. 1984-5. Passed 9-6-84.)

1203.07 FAMILY.

(a) "Family" means either one individual, two or more persons related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption, who live together in one dwelling unit and maintain a common household.

(b) "Roomer" means a person, other than a member of the family as defined in subsection (a) who rents one or more rooms in a dwelling from the resident family.

(Ord. 1969-169. Passed 7-16-70.)

1203.08 DWELLINGS AND OTHER LIVING ACCOMMODATIONS.

(a) "Dwelling unit" means rooms providing complete living facilities for one family, including equipment for cooking or provision for the same, and including rooms for living, sleeping and eating.

(b) "Dwelling" means a structure designed for occupation as a residence by one or more families each living independently in a separate dwelling unit.

(c) "One-family dwelling", also known as “single-family dwelling” means a detached building designed for occupation exclusively as the residence of one family.

(d) "Two-family dwelling" means a detached building designed for occupation as the residence of not more than two families, each living in a separate dwelling unit. The dwelling units may be divided horizontally or vertically.

(e) “Single-family detached cluster dwelling”, also known as “single-family cluster” or “cluster” means a detached building designed for occupation exclusively as the residence of one family within a cluster development.

(f) “Multi-family dwelling” means a structure (other than a single-family dwelling or a single-family detached cluster dwelling), or institution, designed for occupation as a residence by two or more families within one building or several buildings within one complex. These units include townhomes, and low rise and high rise multi-unit buildings.

(1) “Townhouse”, also known as “townhome”, means a multi-family dwelling comprised of at least two dwelling units, arranged side by side and/or one above the other, and each unit having at least two separate exterior entrances on the ground floor, with no common lobby, foyer or similar hallway serving more than one unit.

(2) “Low rise mult-unit” means a multi-family building comprised of two or more dwelling units arranged side by side and/or one above the other, and each having a separate entrance or entrances connected to a common outside entrance or entrances in a building that is three stories or less in height.

(3) “High rise multi-unit” means a multi-family building comprised of two or more dwelling units arranged side by side and/or one above the other, and each having a separate entrance or entrances connected to a common outside entrance or entrances in a building that is more than three stories in height.

(g) "Accessory living accommodations" means a building, or part thereof, used solely as accommodations for occupants, personal guests or persons employed on the premises, or other nonpaying transients and in which no cooking or similar housekeeping equipment is provided.

(h) "House trailer" means a self-propelled or nonself-propelled vehicle so designed, constructed or added to by means of accessories in such a manner as will permit the use and occupancy therein for human habitation whether resting on wheels, jacks or other foundations and used or so constructed so as to permit its being used as a conveyance upon the public highways.

(i) "Hotel or motel" means a building containing living and sleeping accommodations for transient occupancy for compensation.

(j) "Rooming house" means a structure or part thereof in which sleeping rooms are available for hire as lodging, with or without meals.

(k) "Extended stay hotel" means a building containing living, eating and sleeping accommodations for transient occupancy for compensation.

(Ord. 1986-120. Passed 9-4-86; Ord. 1997-246. Passed 2-19-98; Ord. 1999-182. Passed 7-20-00; Ord. 2017-148. Passed 2-1-18; Ord. 2023-6. Passed 4-20-23.)

1203.09 GRADES.

(a) "Established street grade" means the elevation established by the City at the roadway center line or curb in front of the lot.

(b) "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.

(c) "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.

(d) "Grade level" means the mean elevation of ground adjoining a main structure on all sides.

(e) "Curb level" means the elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration. Where no curb level has been established, the elevation of the ground at the center of the traveled portion of the street in front thereof shall be considered the equivalent of the curb level, and where the building does not adjoin the street, the average elevation of the proposed grade line of the ground immediately adjacent to the building, as shown on the building plans, shall be considered as the curb level.

(Ord. 1969-169. Passed 7-16-70.)

1203.10 HOME OCCUPATIONS.

"Home occupation" means an occupation incidental and secondary to the use of the dwelling for residential purposes, conducted wholly within a dwelling only by members of the resident family.

(Ord. 1969-169. Passed 7-16-70.)

1203.11 LOTS.

(a) "Lot" means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded survey map or by metes and bounds.

(See also Section 1123.03 of the Planning and Platting Code.)

(b) "Lot of record" means land designated as a separate parcel on a plat map or deed in the records of the County.

(c) "Zoning lot" means a parcel of land abutting a dedicated street, occupied or intended to be occupied by a main and/or accessory use or a main or accessory building as a unit together with such open space as required by the Zoning Code. Unless the context clearly indicates the contrary, the term "lot" is used synonymously with "zoning lot" in the Zoning Code and it may or may not coincide with a lot of record.

(d) "Corner lot" means a lot abutting on two streets at their intersection, if the interior angle of intersection is not more than 135 degrees.

(e) "Interior lot" means a lot other than a corner lot or through lot.

(f) "Through lot" means a lot which has two street lines opposite each other, and which adjoins public, common or private land, including a public street.

(Ord. 1991-2. Passed 3-7-91.)

(g) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of an interior lot which abuts upon a curvilinear street resembling a corner lot, or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with "street line".

(Ord. 2024-28. Passed 9-5-24.)

(h) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line.

(i) "Side lot line" means a lot line which is neither a front nor rear lot line.

(j) "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.

(k) "Lot width" means the horizontal distance of a lot measured along the setback or minimum building line established by this Code and at a right angle to the mean depth line. Width at the front lot line is measured on the street line.

(l) "Private land" means land in a subdivision or development area which is adjoining, attached and assigned to the land occupied by a one-family or townhouse dwelling, held as an open space in common ownership with other dwellings in the subdivision or development area, and which shall be identified on subdivision and development plans submitted to the City. It is similar to the term "exclusive use of the limited common areas" under condominium property.

(m) "Common land" means land in a subdivision or development area not owned as private land or occupied by dwellings created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment by or for the owners or occupants of the dwellings in a development area. It is similar to the term "undivided common areas and facilities" under condominium property.

(n) "Homes association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member and each lot is subject to charges for a proportionate share of the expenses for the organization's activities such as maintaining the common property.

(Ord. 1991-2. Passed 3-7-91.)

1203.12 MAPS, PLANS AND PLATS.

(a) "Map" means a drawing showing geographic, topographic or other physical features of the land.

(b) "Plan" means a drawing of a proposed design or of work to be performed.

(c) "Plat" means a map of a lot, parcel or subdivision on which the lines of each element are shown by accurate distances and bearings.

(d) "Guide Plan" means a composite of the mapped and written proposals for the future development of the City, duly adopted by the Planning Commission and/or Council, indicating its, or their, recommendations for the uses of private land, public open spaces and buildings and the general street system.

(e) "Community Facilities Plan" means the Plan which shows the location and extent of existing, planned and proposed parks, playgrounds, public land and buildings and other public facilities for the City, duly adopted or officially accepted, separately or as a part of the Guide Plan.

(f) "Street Plan" or Thoroughfare Plan" means the plan which shows general location and extent of existing planned and proposed streets and other transportation facilities for the City, duly adopted or officially accepted, separately or as a part of the Guide Plan.

(g) "Area Plan" means a plan prepared by the City of implementing components of the Guide Plan and may include, but is not limited to design, bulk, use, height, location and arrangements of buildings in respect to streets, open spaces, other structures and natural features.

(h) "Development area" means the area of a parcel or assembled parcels of land required by the Zoning Code to be developed by a single owner or a group of owners, acting jointly under a planned development procedure.

(i) "Urban Renewal Plan" means a plan prepared by the City which shows recommendations and plans for conservation, rehabilitation or redevelopment actions for a renewal area or areas of the City.

(j) "Sketch plan of a subdivision" means a sketch for the purpose of study and approval of minor subdivisions.

(k) "Preliminary plan" means a drawing prepared by a developer for the purpose of study of a major subdivision of land, which when approved by the designated authority permits proceeding with the preparation of the final plat of a subdivision.

(l) "Final plat" means the final map prepared by a developer based upon the approved preliminary plan of a subdivision. After the land improvements are constructed or construction guaranteed, such approved plat is recorded.

(m) "Development plan" means the site plan, drawings and information required as provided in Chapter 1220.

(Ord. 1969-169. Passed 7-16-70.)

1203.13 NONCONFORMING BUILDING, LOT AND USE.

(a) "Nonconforming building" means a building existing lawfully at the time this Zoning Code, or an amendment thereto, became effective but which does not conform to the area, height, or bulk of building, yard or other regulations of the district in which it is located.

(b) "Nonconforming lot" means a lot existing lawfully at the time this Zoning Code, or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.

(c) "Nonconforming use" means the use of a building or land existing lawfully at the time the Zoning Code, or an amendment thereto, became effective but which does not conform to the use regulations, off-street parking and loading requirements, performance standards or other use regulations of the district in which it is located.

(Ord. 1969-169. Passed 7-16-70.)

1203.14 OCCUPANCY CERTIFICATE.

"Occupancy Certificate" or "Certificate of Occupancy" means an official statement certifying that a building, other structure or parcel of land is in compliance with the provisions of all existing codes or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon.

(Ord. 1969-169. Passed 7-16-70.)

1203.15 PERFORMANCE STANDARD.

"Performance standard" means a criterion established to control the dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.

(Ord. 1969-169. Passed 7-16-70.)

1203.16 SIGNS.

(a) "Sign" means a structure or part thereof or any device attached to or painted directly or indirectly on a structure or parcel of land, and which shall display or include any letter, work, model, banner, pennant, insignia, device or other representation to direct attention to a person, institution, organization, activity, place, object, product or business.

(b) "Embellishment" means features added to ornament, other than the lettered sign and trademarks, either to support, hang or to add aesthetic value to a sign.

(Ord. 1969-169. Passed 7-16-70.)

1203.17 STREETS.

(a) "Street" means a public thoroughfare more than twenty feet in width which has been dedicated or deeded to the City for public use.

(b) "Side street" means the street along the side line of a corner lot.

(d) "Mapped street line" means the boundary of an area within which a future street or the extension of an existing street is planned as indicated on the Guide Plan, Thoroughfare Plan or local plan approved by the Planning Commission, or the boundary of an area within which, on any such plan, there is indicated the relocation, widening or narrowing of an existing street.

(e) "Alley" means a public thoroughfare not more than twenty feet in width which has been dedicated or deeded to the City for public use and affords access to abutting property.

(f) "Alley line" means the lot line dividing a lot from an alley.

(g) "Freeway" means a divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade-separated interchanges.

(h) "Major or arterial street" means a public street which is used primarily for moving fast or heavy traffic between larger or intensively developed districts.

(i) "Secondary or collector street" means a street supplementary to and connecting major streets to local streets.

(j) "Local street" means a street primarily for access to abutting residential properties and which serves local needs.

(1) "Cul-de-sac" means a street, one end of which connects with another street and the other end of which terminates in turning facilities for vehicles.

(2) "Marginal access street" means a local street providing access to lots which abut or are adjacent to a freeway or arterial street.

(k) "Private street" means a street held in private ownership.

(l) "Right of way" means all of the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes.

(1) "Roadway" means that portion of a right of way available for vehicular travel, including parking lanes.

(2) "Tree lawn" means that portion of a right of way lying between the exterior of the roadway and the outside right-of-way line.

(m) Other rights of way, as follows:

(1) "Pedestrian way" means a dedicated public right of way used solely for pedestrian circulation.

(2) "Easement" means a grant by a property owner of the use of land for a special purpose by the general public, a corporation or another person.

(3) "Swale easement" means the land required for construction, reconstruction or maintenance of a swale.

(4) "Drainage easement" means the land required for construction, reconstruction or maintenance of the open portion of a drainageway.

(5) "Storm sewer easement" means the land required for construction, reconstruction or maintenance of an enclosed drainageway.

(Ord. 1987-43. Passed 3-19-87.)

1203.18 USE.

(a) "Use" means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied, or any occupation, business, activity or operation carried on in a building or other structure or on land.

(b) "Main use" means the principal purpose of, or activity in a building, other structure or land.

(c) "Accessory use" means a subordinate use located on the same lot with a principal use and for a purpose customarily incidental to such principal use.

(d) "Conditional use" means an uncommon or infrequent use which may be permitted in specific districts, subject to the compliance with certain standards and explicit conditions, and the granting of a Conditional Use Permit.

(e) "Athletic field" means an open field used for athletic or other events.

(f) "Day nursery" means a place for the care of children.

(g) "Farming" means cultivation of the natural soil unenclosed by any structure other than a fence.

(h) "Garden" means a tract of land devoted to outdoor cultivation of flowers, fruits or small plants and unenclosed by any structure other than a fence.

(i) "Golf course" means an outdoor area designed for the playing of golf in which the length of any fairway between its tee and hole is not less than fifty yards.

(j) "Commercial greenhouse" means a greenhouse used for the raising of products for sale.

(k) "Private greenhouse" means a greenhouse containing not more than 260 square feet of gross floor and which is not used for the raising of products for sale.

(l) "Hand laundry" means a laundry which occupies not more than 1,000 square feet of floor space.

(m) "Hospital" means a building in which people are temporarily harbored for medical, mental or surgical treatment.

(n) "Nursery school" means a school for training children of not more than five years of age.

(Ord. 1987-43. Passed 3-19-87.)

(o) "Drive-in/drive-thru restaurant or service" means any establishment or restaurant which sells and/or services food and beverages, permits or encourages the placing of an order, paying for products and/or serving food for a customer who is outside of the building and within a motor vehicle or as a pedestrian using a drive-in/drive-thru or walk-up window, counter and/or remote speaker. Drive-in/drive-thru eating facilities or services shall be prohibited except in interchange service and shopping center districts.

(p) "Standard restaurant" means an establishment selling and serving food and beverages principally for consumption on the premises with all orders and service taking place within the building or outdoor dining facility. Normal use consists of customers served at tables or counters with consumption within the building or outdoor dining facility. At a standard restaurant, carry-out products may be purchased within the building or outdoor dining facility for consumption off premises and shall be permitted only as an accessory use to the principal operation of a standard restaurant. For a standard restaurant drive-in/drive-thru eating facilities or service shall be prohibited except in interchange services and shopping center districts.

(q) "Fast-food restaurant" means an establishment selling and serving food and beverages in a ready-to-consume state for consumption within the building at tables and counters or off-premises as carry-out orders. The placing of orders, payment and service take place at serving counters from posted menus and food and beverages are dispensed in disposable wrappings and containers. In a fast-food restaurant carry-out service shall be permitted as an accessory use to the principal operation of a restaurant with on-premise consumption of food. In a fast-food restaurant, drive-in/drive-thru facilities or services shall be prohibited except in interchange services and shopping center districts.

(Ord. 2018-71. Passed 9-20-18.)

(r) "Large retail store" means a large single store unit of 100,000 square feet or more of floor area that is either free standing or part of a shopping center. “Floor area” for a large retail store is defined in Section 1203.04(d) and means the area at the ground level of the main building and all accessory buildings and uses whether within or without the structures, excluding unenclosed porches, terraces and steps, not used for retail sales.

(Ord. 1999-161. Passed 4-20-00.)

(s) "Shopping center" means a complex of retail stores, shops and restaurants or other permitted businesses grouped together about a common parking lot with each store, shop and/or restaurant or other permitted business having individualized entrances.

(Ord. 1993-74. Passed 7-15-93.)

(t) “Microbrewery” means a brewery that produces less than 15,000 barrels per year.

(Ord. 2014-166. Passed 12-18-14.)

(u) “Pharmaceutical Fulfillment Center” means an establishment licensed by the State of Ohio Board of Pharmacy where incoming orders for prescriptions from affiliated pharmacies, physician’s offices, hospitals, or nursing care facilities are received by a pharmacist and are processed, filled and delivered. (Ord. 2015-156. Passed 1-21-16.)

(v) “Fitness Center” means a fitness facility, gymnasium, athletic club or similar establishment with indoor fitness amenities and services, such as strength training equipment, cardio equipment, indoor swimming pool, indoor jogging track, sauna, steam room, shower, locker room, personal training and exercise classes. Retail sales of supplements, fitness merchandise and apparel may be permitted as an accessory use.

(Ord. 2016-68. Passed 9-1-16.)

(w) “Senior Services” means any facility housing persons in individual, common or shared units or rooms, which makes available to residents any support services, including but not limited to: bathing, meals, housekeeping, health care, nursing care, therapeutic care, transportation, community based services, memory care, personal assistance, by staff or by contract in either central facilities or individual units. The facility may be divided into several buildings or units that range from single unit dwellings to multi-unit multi-story buildings. Senior Services includes, but is not limited to such facilities as Nursing Homes, Skilled Nursing Care, Assisted Living, Independent Living, Senior Housing, Congregate Housing, Elderly Housing, Ease of Living Facility, Continuing Care Community, Rehabilitation facility, Hospice Care, Memory Care Facility or Convalescent Home.

(1) “Assisted living facility” means a facility housing persons of retirement age providing personal care and supportive services which shall include accessory uses, such as central eating facilities, health center or recreation facilities for the comfort and convenience of the residents therein.

(2) “Independent living facility” means a multi-family dwelling facility housing persons of retirement age in individual apartments which may include limited supporting services such as meals, transportation and housekeeping.

(3) “Nursing home” means a home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care or care of individuals who require personal assistance, but not skilled nursing care.

(Ord. 2017-148. Passed 2-1-18.)

(x) “Marijuana” means marijuana as defined in Section 513.01(g) and Section 3719.01 of the Ohio Revised Code.

(y) “Medical Marijuana” means marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose.

(Ord. 2018-19. Passed 4-5-18.)

(z) “Distillery” means a commercial facility where a manufacturer engages in the distilling, making, blending, brewing, rectifying or processing of any alcoholic beverage for consumption on or off the premises in accordance with federal, state or local regulations.

(Ord. 2017-121. Passed 2-15-18.)

(aa) “Dog agility competition” means an event sanctioned by a nationally recognized animal club, a registered pure breed pointed club, or an all-breed registry organization that includes competitions for any or all of the following activities: conformation, agility and/or obedience. (Ord. 2018-64. Passed 7-19-18.)

(bb) “Educational Intervention Program” means behavioral therapy program for individuals eighteen (18) months to thirty (30) years of age which includes activities designed to increase communication, social, emotional, physical and academic skills.

(Ord. 2019-81. Passed 9-5-19.)

(cc) "Adult Use Cannabis" or "Cannabis" or "Marijuana" means marijuana as defined in Section 3719.01 of the Ohio Revised Code.

(dd) "Adult Use Cannabis Operator" means a level I adult use cultivator, a level II adult use cultivator, a level III adult use cultivator, an adult use processor and an adult use dispensary in accordance with Ohio Revised Code Section 3780.01(A)(2) effective December 7, 2023.

(ee) "Adult Use Cultivator” means a level I adult use cultivator or a level II adult use cultivator.

(ff) "Adult Use Dispensary” means a person licensed pursuant to Section 3780.15 of the Ohio Revised Code, this chapter and any rules promulgated thereunder to sell adult use cannabis as authorized.

(gg) "Adult Use Processor" means a person licensed pursuant to Section 3780.14 of the Ohio Revised Code, this chapter and any rules promulgated thereunder to manufacture adult use cannabis as authorized.

(hh) "Adult Use Testing Laboratory" means an independent laboratory located that has been issued a license by the Division of Cannabis Control to have custody and use of adult use cannabis for scientific purposes and for purposes of instruction, research or analysis.

(Ord. 2024-19. Passed 4-18-24.)

1203.19 YARDS AND COURTS.

(a) "Yard" means that portion of the open area on a zoning lot extending between a building and the nearest lot line, open and unobstructed from the ground upward except for projections as permitted in this Zoning Code.

(b) "Front yard" means the yard extending from the front wall of the principal building to the street line, across the full width of the lot, except that the front yard shall be measured from the mapped street line on all streets proposed for widening, as indicated on the Thoroughfare Plan and local street plans approved by the Planning Commission.

(c) "Rear yard" means a yard extending the full width of a lot between the nearest wall of the main structure located thereon and the rear lot line.

(d) "Side yard" means a yard extending from the front yard to the rear yard of the lot and between a side lot line and the nearest wall of the building. The side yard of a corner lot is the yard measured from an existing or mapped street right of way as indicated on the Thoroughfare Plan and local street plans approved by the Planning Commission.

(e) "Required yard" means the minimum yard required between a lot line and a building line in order to comply with the regulations of the district in which the zoning lot is located.

(f) "Court" means an open unoccupied space, other than a yard, of which two or more sides are bounded by the exterior walls of a building.

(g) "Court length" means the court's horizontal dimension measured parallel to the front wall of the building.

(Ord. 1969-169. Passed 7-16-70.)

1205.01 DISTRICTS.

For the purpose of this Zoning Code, the following classification of districts is hereby established in the City:

Title	Text Abbreviation	Zone Map Reference
Residential Districts
One-Family	R-1F-80	A
One-Family Cluster	R-1F-Cluster	W
Two-Family	R-2F-100	B
Multi-Family-40	R-MF-40	C
Multi-Family-24	R-MF-24	D
Multi-Family-15	R-MF-15	E

Business Districts
Office Building	OB	F
Executive Office Park	EOP	N
Shopping Center	SC	G
General Business	GB	H
Interchange Services	IS	I
Recreation Business	RB	J
Automobile Parking	AP	P
Hotel/Motel	HM	T
Integrated Shopping Center	ISF	S

Industrial Districts
Office-Laboratory	OL	K
Exclusive Industrial	EI	L
Exclusive Office Laboratory	EOL	R

Health Campus District	HC	M

Planned Districts
Planned Unit Development	PUD	Y
Planned Office Building	PO	U

(Ord. 2000-37. Passed 4-20-00.)

Whenever the abbreviated terms, R-1F-80, R-MF-15, OL, etc. are used in this Zoning Code, the abbreviated term shall be construed as referring to the corresponding district titles as set forth above.

(Ord. 1980-120. Passed 10-15-81.)

1205.02 REGULATIONS.

The use, area and yard regulations, the building area, bulk, coverage and height regulations, the off-street parking and loading requirements, sign regulations, provisions for performance standards, nonconforming uses, similar uses, and conditional uses and all the other regulations set forth or referred to in this Zoning Code are hereby established. Buildings and land shall be used, the use of buildings and land shall be changed or extended, buildings shall be designed and erected, and existing buildings or uses shall be altered, converted, enlarged, reconstructed or moved only in conformance with these regulations.

The classification of districts set forth in Section 1205.01 shall not be construed as an enumeration of most restrictive to least restrictive districts except for those purposes specifically set forth in this Zoning Code; neither shall it be construed that a use permitted in a certain district shall be permitted by right in a district which is enumerated subsequently, unless such use is specifically permitted in such subsequent district.

The main building and use set forth as permitted in the various districts shall be the only principal building and use permitted therein by right. The buildings and uses set forth in the various districts as accessory buildings or uses shall be permitted therein by right as a subordinate building or use provided such use is specifically permitted and incidental to and located on the same zoning lot as the main building or use.

(Ord. 1969-169. Passed 7-16-70.)

1205.03 ZONE MAP.

The aforesaid districts are designated by symbols and the locations and boundaries of such districts are established on the map entitled "Zone Map of the City of Westlake." The notations, schedules and other information shown thereon and all amendments thereto are hereby made a part of this Zoning Code. The Map shall indicate the approval of the Planning Commission and adoption by Council. The Map, or a print thereof, shall be on file with the Clerk of Council and the Director of Planning.

The Director of Engineering shall be the final authority as to the status of current Zoning Map districts.

(Ord. 1988-65. Passed 6-16-88.)

1205.04 DISTRICT BOUNDARY LINES.

The district boundary lines of the Zone Map enclose an area of a designated district and generally follow the center lines of streets, lot lines or their extensions, provided, however:

(a) Where a district boundary line is shown by dimension or relationship as being located a specific distance from and parallel to a street or property line, such distance shall control;

(b) Where a district boundary line is shown as adjoining a railroad, it shall, unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right of way;

(c) Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and the parts of the lot shall comply with the regulations of the district in which each part is located;

(d) Where a district boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions or fixed points shown on the Map, it shall be determined by the scale appearing thereon;

(e) In locations where the Director of Engineering cannot determine the district line in accordance with the above rules, the Board of Building and Zoning Appeals shall determine the exact location.

(Ord. 1969-169. Passed 7-16-70; Ord. 2020-149. Passed 2-18-21.)

1205.05 ANNEXED TERRITORY.

All territory which may hereafter be annexed to the City if already zoned shall be continued in its existing zone classification until amended in conformance with the procedure outlined in the City Charter.