Westlake City Zoning Code
TITLE THREE
Zoning District Regulations
1210.01 PURPOSE.
The Public Recreation and Education District is established to provide for the proper zoning control of public land to ensure its preservation and protection for its recreational, aesthetic, and environmental benefits to the community and to ensure that the uses of such park lands remain compatible with the adjacent residential areas.
(Ord. 2007-110. Passed 9-18-08.)
1210.02 PERMITTED USES.
In the Public Recreation and Education District, land and structures shall be used or occupied, or structures shall be erected, constructed, enlarged, moved, or structurally altered only for a main use, a conditional use in accordance with Chapter 1227, or an accessory use to a permitted main or conditional use specified below and regulated herein.
(a) Main Uses. The following uses are main uses permitted by right in a Public Recreation and Education District provided that all requirements of other City ordinances and this Code have been met:
(1) Public parks and playgrounds;
(2) Public outdoor recreation facilities (including baseball and soccer fields, ponds, trails, tennis and volleyball courts);
(3) Public Outdoor education facilities;
(4) Public Open Space.
(b) Conditionally Permitted Uses. Public recreational buildings and educational buildings and uses, may be permitted in a Public Recreation District provided they conform to the conditions, standards and requirements of Chapter 1227 and as listed below.
(1) Public elementary and secondary school buildings;
(2) Public Recreation center and buildings;
(3) Public Golf Courses;
(4) Public Community Centers;
(5) Public swimming pools.
(c) Accessory Uses. The following accessory buildings and uses are permitted in association with and subordinate to a permitted or conditionally permitted use:
(3) Storage buildings, restrooms and other maintenance facilities;
(4) Fences and lighting as required.
(Ord. 2007-110. Passed 9-18-08.)
1210.03 LOT AREA AND WIDTH REGULATIONS.
The minimum lot area and lot width for each permitted use shall be not less than the area required to accommodate the main and accessory buildings and uses, on-site circulation, off-street parking and required yards.
(Ord. 2007-110. Passed 9-18-08.)
1210.04 MINIMUM YARD REQUIREMENTS.
The following minimum yards shall be provided in the Public Recreation and Education District:
(a) Front and Corner Side Yards. A front and corner side yard shall be provided with a yard no less than one hundred feet (100') in depth for any buildings or structures and not less than fifty feet (50') for any recreation facility, court or field.
(b) All Other Yards. A minimum setback for buildings and recreational uses other than lawns and landscaping shall be not less than fifty feet (50') from an adjacent residential district. A landscaped buffer of no less than twenty feet (20') when abutting a residential district and no less than ten feet (10') when abutting any other district shall be provided. (Ord. 2007-110. Passed 9-18-08.)
1210.05 HEIGHT REGULATIONS.
In the Public Recreation and Education District, the height of any building for a permitted main use shall not exceed forty feet (40'), and any permitted accessory structure shall not exceed twenty feet (20') unless permitted elsewhere in this Zoning Code.
(Ord. 2007-110. Passed 9-18-08.)
1210.06 EXTERIOR LIGHTING.
Floodlighting and other exterior lighting of recreational facilities, buildings and parking areas shall be in accordance with Section 1230.03.
(Ord. 2017-110. Passed 12-21-17.)
1211.01 INTENT.
Residential district and their regulations are established in order to achieve, among others, the following purposes:
(a) To regulate bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;
(b) To provide lots with adequate width to accommodate the development of houses of contemporary standards of design;
(c) To regulate density and distribution of population in accordance with a plan to avoid congestion and to maintain adequate services;
(d) To assure that the capacity of the sewage treatment plant and trunk lines, planned and scheduled for construction and predicated upon these standards of development will not be exceeded;
(e) To protect against the added cost, delay and uncoordinated patterns of public school service areas which would accrue from changes in the planning and programming of the public school building program which has been predicated upon these standards of development;
(f) To provide protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic and other objectionable influences;
(g) To protect the desirable characteristics of both existing and planned residential development; to maintain stability; and
(h) To promote the most desirable and beneficial use of the land based upon the Guide Plan and directed to bring about the eventual conformity with the Plan as it may be amended.
(Ord. 1969-169. Passed 7-16-70.)
1211.02 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in residential districts only for the uses set forth in the schedules and use regulations of this Zoning Code.
(a) The main buildings and uses set forth in the Schedule, Section 1211.03
, shall be permitted by right as the principal building or use of a zoning lot only in a district in which it is specifically permitted.
(b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council according to procedures and standards set forth in Chapter 1227. Only those uses so enumerated in the Schedule, Section 1211.03
, may be approved in the specific districts.
(c) The accessory buildings and uses set forth in the Schedule, Section 1211.03
, shall be permitted as a subordinate building or use, which is clearly incident to and located on the same zoning lot as the main building or use, and shall be located only in a district in which it is specifically permitted.
(Ord. 1969-169. Passed 7-16-70.)
1211.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.
District | Main Buildings and Uses | Conditional Buildings and Uses | Accessory Buildings and Uses | ||||
R-1F-80 | (a) One-family dwelling.
(b) Public park, playground, and other public recreational use.
(c) Agricultural use including building pertaining thereto but not including commercial greenhouse.
(d) Place of worship.
(e) Public and parochial primary or secondary school and public and private college or university.
(f) Fire and police station, City Hall and school administration buildings.
(g) Residential Facility one to five people (see Section 1211.32) | (a) Library, museum and art gallery
(b) Golf course
(c) Public or quasipublic nonprofit recreational or community center
(d) Wireless cellular and PCS communication tower only when the main use is a municipal or federal facility listed under Main Buildings and Uses.
(e) Preschool facility, licensed day care center, or educational intervention program where the main use is a place of worship or public or parochial primary or secondary school.
(f) Senior services (for conditions see Section 1211.34) | (a) Private garage and private parking area
(b) Private garden, structures, garden ponds, fence, wall, hedge
(c) Private greenhouse
(d) Renting of room
(e) Garden
(f) Raising of domestic animal
(g) Private swimming pool
(h) Vehicular recreational equipment
(i) Central air conditioning, heat pumps, and other such appliances.
(j) Signs
(k) Utility building.
(l) Home occupation.
(m) Satellite Receiving Dish (For conditions see Section 1211.27)
(n) Incidental recreational uses (excluding tennis courts) traditionally associated with single family usage.
(o) Recreational courts on estate sized parcels only. See Section 1211.33
(p) Recreational facilities for the exclusive use of residents in the subdivision. | ||||
R-1F-Cluster | (a) Single-Family detached cluster dwelling
(b) Residential Facility one to five people (see Section 1211.32)
(c) Agricultural use including building pertaining thereto but not including commercial greenhouse. | (a) Accessory uses permitted in R-1F-80 District | |||||
1211.03 SCHEDULE OF PERMITTED BUILDINGS AND USES (Cont.)
R-MF-Cluster | (a) Single-family detached cluster dwelling
(b) Residential Facility one to five people (see Section 1211.32)
(c) Agricultural use including building pertaining thereto but not including commercial greenhouse | (a) Residential Facility six to sixteen people (see Section 1211.32) | (a) Accessory uses permitted in R-1F-80 District |
R-2F-100 | (a) One-family dwelling
(b) Two-family dwelling
(c) Residential Facility one to five people (see Section 1211.32)
(d) Agricultural use including building pertaining thereto but not including commercial greenhouse | (a) Accessory uses permitted in R-1F-80 District. | |
R-MF-40 | (a) One-family dwelling
(b) Single-Family detached cluster dwelling
(c) Multi-family townhouse dwelling
(d) Residential facility one to five people (see Section 1211.32)
(e) Agricultural use including building pertaining thereto but not including commercial greenhouse | (a) Conditional uses permitted in R-1F-80 District
(b) Residential Facility six to sixteen people (See Section 1211.32) | (a) Accessory uses permitted in R-1F-80 District. |
R-MF-24 | (a) One-family dwelling
(b) Single-Family detached cluster dwelling
(c) Multi-family townhouse dwelling
(d) Multi-unit low-rise dwelling
(e) Residential facility one to five people (see Section 1211.32)
(f) Agricultural use including building pertaining thereto but not including commercial greenhouse | (a) Conditional uses permitted in R-1F-80 District and:
(b) Limited commercial use of historical buildings and sites. (For conditions see Section 1211.28)
(c) Residential facility six to sixteen people (See Section 1211.32) | (a) Accessory uses permitted in R-1F-80 District. |
R-MF-15 | (a) Multi-unit high-rise dwelling
(b) Residential Facility one to five people (see Section 1211.32)
(c) Agricultural use including building pertaining thereto but not including commercial greenhouse | (a) Conditional uses permitted in R-MF-24 and R-1F-80 District
(b) Residential Facility six to sixteen people (see Section 1211.32) | (a) Accessory uses permitted in R-1F-80 District. |
(Ord. 1988-246. Passed 4-20-89; Ord. 1989-40. Passed 5-4-89; Ord. 1990-38. Passed 4-19-90; Ord. 1996-157. Passed 11-21-96; Ord. 1997-76. Passed 5-15-97; Ord. 1997-115. Passed 6-19-97; Ord. 1997-139. Passed 9-4-97; Ord. 1997-239. Passed 4-2-98; Ord. 1999-5. Passed 4-1-99; Ord. 1999-172. Passed 12-2-99; Ord. 1999-182. Passed 7-20-00; Ord. 2014-162. Passed 2-5-15; Ord. 2017-54. Passed 7-6-17; Ord. 2017-148. Passed 2-1-18; Ord. 2018-19. Passed 4-5-18; Ord. 2019-81. Passed 9-5-19; Ord. 2020-110. Passed 11-5-20; Ord. 2023-6. Passed 4-20-23.)
1211.04 ACCESSORY USES.
(a) Private Garage or Parking Spaces for Automobiles and Other Motor Vehicles.
(1) Open off-street parking areas with one private or storage garage per dwelling are permitted in residential districts if accessory to a dwelling or an approved main or conditional use set forth in Section 1211.03
, and are required for all uses in accordance with the standards set forth in Chapter 1221. (Ord. 1991-194. Passed 1-16-92.)
(2) On lots of single family and two-family uses, private garages may be attached or detached, but not both, and shall be limited to one garage area in accordance with the following:
Lot Size (Square Feet) | Maximum Garage Space (Square Feet) |
20,000 or less | 800 |
More than 20,000 but less than 40,000 | 1,000 |
40,000 or more | 1,200 |
No garage shall exceed 1,200 square feet.
No more than a total of thirty lineal feet of garage door opening space shall be allowed to face the street or streets abutting the property.
A detached private garage on a lot of seventy-five (75) feet in width or less shall be located in the rear yard in such a manner as to provide a minimum five (5) foot side yard line setback and a minimum five (5) foot rear line setback, except on the street side of a corner lot or interior lot located on a curvilinear street which shall provide a minimum thirty-five (35) foot street side yard setback. Otherwise, a detached private garage shall be located in the rear yard in such a manner as to provide a minimum ten (10) foot side yard line setback and a minimum ten (10) foot rear line setback except on the street side of a corner lot or interior lot located on a curvilinear street which shall provide a minimum thirty-five (35) foot street side yard setback. A detached private garage shall not exceed fifteen (15) feet in height from the average grade line to the peak of the gable.
(Ord. 2008-61. Passed 2-19-09; Ord. 2024-28. Passed 9-5-24.)
(3) No person shall rebuild, overhaul or dismantle an automobile or store motor or body parts in an open yard.
(4) Only one truck not exceeding three-fourths ton capacity may be stored on a lot in any residential district, provided such truck is stored in a garage and is used solely by the occupant of the dwelling.
(5) Driveways to a garage or accessory parking area are permitted in a required yard.
(6) No person shall park a motor vehicle on any driveway leading to parking areas, except on one-family and two-family dwelling uses, in any residential district.
(7) The parking of motor vehicles on any lot shall be permitted only on the paved or improved parking areas designated and permitted as parking areas under this Zoning Code, except as provided in Section 1211.30
.
(8) Parking areas on lots in any residential district, other than on lots of single- family or two-family uses, shall be located a minimum of fifty feet from any single-family or two-family dwelling.
(Ord. 1991-194. Passed 1-16-92.)
(b) Private Garden, Structures, Fences, Walls and Hedges. Landscape features, limited to hedges, trees and shrubs, and yard structures limited to fences, trellises where used in place of a fence, walls, and garden ponds which shall be permitted but shall be regulated as set forth herein so they shall not substantially interfere with reception of sun, light and air on adjacent residential lots. In addition to the following regulations, fences shall be confined to the area within the lot line of the fence owner's property. They shall be designed to be aesthetically attractive and those along the lot line shall be designed, constructed and finished so that the supporting members shall face the property of the owner of the fence. Fences shall be maintained in good repair and appearance. No material or finish shall be used that by its appearance under prevailing appraisal practices and standards shall depreciate the value of neighboring and adjacent premises.
(Ord. 2008-61. Passed 2-19-09.)
(1) Front yard of interior lots. Ornamental fences shall be permitted in the front yard, or in connection with a site feature, to a height of not more than two and one-half (2 ½) feet above the average finished grade but shall not be constructed within thirty-five (35) feet of a planned right-of-way.
Perimeter hedges shall be permitted in the front yard to a height of not more than two and one-half (2 ½) feet above finished grade.
Fences shall be permitted along the side lot line in the front yard but shall not be constructed within fifteen (15) feet of the planned right-of-way line to a height not exceeding six (6) feet when:
A. Residential properties abut a lot used or zoned for nonresidential purposes; or
B. One-family or two-family dwellings abut a lot used or zoned for multi-family residential purposes.
The height of fences along the public walkways abutting residential districts shall not exceed three (3) feet in height from the street right-of-way line to the building line.
(2) Front yard of corner lot or interior lot located on a curvilinear street. Landscape features, limited to hedges, trees and shrubs. may be located within unobstructed sight zones in accordance with the regulations as set forth in Section 1230.01. On the interior side lot line of a corner lot or interior lot located on a curvilinear street, landscape features limited to hedges, trees and shrubs may be permitted in accordance with the regulations for an interior lot as set forth in subsection (b)(1) hereof.
(3) Side and rear yards. Fences, walls or hedges may be permitted along the side or rear lot lines to a height of not more than six (6) feet above the average finished grade except that on the street side of a corner lot or interior lot located on a curvilinear street, no fence, wall or hedge shall be located within twenty-five (25) feet from the planned right-of-way line.
(Ord. 2024-28. Passed 9-5-24.)
(4) Other structures. Floodlights, search lights, loudspeakers or similar structures shall not be erected or used in a residential district in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
(Ord. 1993-71. Passed 6-3-93.)
(c) Private Greenhouse. A private greenhouse may be attached to the main structure if such attached greenhouse is not nearer to the street line than the outer front wall of the main structure, but such attached greenhouse shall be considered as part of the main structure in computing yard dimensions.
(d) Renting of Rooms. The renting from a resident family of not more than two rooms to not more than two persons is permitted in residential districts as set forth in the Schedule, Section 1211.03
, if the exterior character of the dwelling is not changed, no separate cooking facilities are maintained and off-street parking is provided as set forth in Chapter 1221.
(e) Gardens. Fruits, vegetables and nursery plants raised for private use or sale are permitted as accessory uses in residential districts provided that no structure is erected, either permanent or temporary, for the sale or display of such produce.
(f) Raising of Domestic Animals.
(1) Not more than three dogs or cats more than four months old may be raised in a residential district. They shall not be kept in accessory structures or enclosures which are located less than forty feet from any adjacent residential structure.
(2) One horse may be kept on a lot not less than two acres in area, if the stable and corral, exclusive of perimeter fences, in which they are kept are located in the rear yard not less than 300 feet from a street right-of-way line, not less than 200 feet from any existing residence on adjacent property and not less than fifty feet from an adjoining lot line; an additional half acre of land shall be provided for each additional horse.
(3) No person shall keep a horse on any lot within the City unless a fenced corral and a stable to retain such animal are constructed on such lot.
(4) The keeping of all domestic animals shall be in accordance with the provisions of Chapter 505 of the General Offenses Code.
(Ord. 1977-108. Passed 9-1-77.)
(5) Provided, however, that notwithstanding any other provision of this Code, any accessory structure wherein dogs, cats or other animals are kept shall be located only within the rear yard of any such lot.
(Ord. 1986-153. Passed 11-6-86.)
(g) Private Swimming Pools.
(1) A private swimming pool, as defined in this Zoning Code, is a pool, pond, lake or open tank not located within an enclosed building, containing at least two feet of water at any point, and which is maintained by:
A. An individual for the exclusive use of his household and guests;
B. The owners or managers of a multi-family development for the exclusive use of tenants and guests, and operated without charge for admission and not operated for profit; or
C. Home associations for the exclusive use of members and guests.
(Ord. 2007-106. Passed 9-20-07.)
(2) A private swimming pool shall be permitted in a residential district provided that:
A. It is located on the same lot as the building or buildings served;
B. In a One-Family and Two-Family District, the pool and all mechanical equipment used in conjunction therewith is located only in the rear yard and is not less than ten feet from any lot line and in a Multi-Family District, the pool is located not less than thirty feet from a multi-family dwelling;
C. It is located on common land under the control of a homes association.
(3) Safety requirements, construction, maintenance and operation of swimming pools shall be in accordance with Chapter 1365 of the Building Code.
(Ord. 1983-134. Passed 1-19-84.)
(4) A pool house or structure used for storage of swimming pool equipment shall be permitted in a residential district in addition to one utility building provided that:
A. It is located in the rear yard and conforms with the specifications set forth in subsection (k) hereof for utility buildings; and
B. The unenclosed portion of a pool house will be counted as part of the area of the pool house's maximum square footage; and
C. In the event that the pool is removed from the property so shall any structure designated as a pool house or used for storage of swimming pool equipment, except those that fully comply with subsection (o) hereof.
(Ord. 2013-39. Passed 9-5-13.)
(Ord. 2013-39. Passed 9-5-13.)
(Ord. 1983-69. Passed 1-3-85.)
(i) Central Air Conditioners, Heat Pumps and Other Such Appliances. Central air conditioners, heat pumps and other such appliances shall be permitted in any of the residential districts provided, however, that in the R-1F-80 and the R-2F-100 districts such appliances shall not be located in the front yards and shall not be visible from the street on which the lot fronts.
(Ord. 2004-109. Passed 12-16-04.)
(Ord. 2004-109. Passed 12-16-04.)
(j) Signs. Signs, nameplates, bulletin boards shall be as permitted and regulated in Chapter 1223.
(Ord. 1977-108. Passed 9-1-77.)
(Ord. 1977-108. Passed 9-1-77.)
(k) Utility Buildings. A utility building shall be permitted in a rear yard for the storage of recreational equipment, garden tools, swimming pool maintenance equipment (in lieu of a pool house as permitted in subsection (g)(4) hereof) and general household items, provided that such building is not larger than is permitted in the following schedule:
Lot Size | Maximum Max. Area (S.F.) (i) | Building Size Max. Height (Feet) | Minimum Setback for Interior Lots Side & Rear Line (Feet) (ii) | Minimum Setback for Corner Lots and Lots on Curvilinear Streets Side & Rear Line (Feet) (ii) |
Under 20,000 S.F. | 120 | 11 | 10 | 10 Rear/Side; 35 Street Side |
20,000 to less than 40,000 | 160 | 12 | 10 | 10 Rear/Side; 35 Street Side |
40,000 to less than 60,000 | 200 | 14 | 10 | 10 Rear/Side; 35 Street Side |
60,000 to less than 80,000 | 300 | 15 | 15 | 15 Rear/Side; 35 Street Side |
80,000 S.F. or greater | 400 | 15 | 20 | 20 Rear/Side; 35 Street Side |
(i) Provided further that an unenclosed portion of a utility building is counted as part of the area of the utility building and that any utility building shall not be located within any easement area for storm sewers, sanitary sewers, drainage or access thereto. Utility sheds shall not have doorways facing the nearest adjacent side and rear lot lines and shall have landscape screening between the shed and the adjacent side and rear lot lines.
(ii) Notwithstanding the above table, on lots of seventy-five (75) feet in width or less, a utility building shall be permitted for the storage of recreational equipment, garden tools, swimming pool maintenance equipment (in lieu of a pool house as permitted in subsection (g)(4) hereof) and general household items with a minimum setback in the side and rear yard of five (5) feet except on the street side of a corner lot or interior lot located on a curvilinear street which shall provide a minimum thirty-five (35) foot street side yard setback. (Ord. 2013-40. Passed 9-5-13; Ord. 2024-28. Passed 9-5-24.)
(l) Home Occupations. A home occupation shall be permitted in a dwelling if:
(1) It is incidental to the use of the dwelling for residential purposes;
(2) The residential character of the dwelling exterior is not changed;
(3) Only members of the resident family are engaged in such occupation;
(4) No mechanical equipment is used which will create any electrical structures or noise beyond the lot; and
(5) No item shall be manufactured on the premises or retail sales made or materials displayed from the premises.
(Ord. 1977-108. Passed 9-1-77.)
(Ord. 1977-108. Passed 9-1-77.)
(m) Tennis courts are not a permitted use.(Ord. 1997-35. Passed 6-5-97.)
(n) Outdoor Recreational Fireplaces.
(1) An outdoor recreational fireplace is any permanent structure that is primarily intended to provide heat and/or cooking facilities to the exterior areas of any residence or premises through the burning of wood, fossil fuels, or other combustibles, or through the use of electricity or any other energy source, and which is either detached from the residence, or which is attached to the residence and exceeds three feet in height.
(2) Detached. Outdoor Recreational Fireplaces that are detached from a residence shall only be located in the rear yard area of the lot. Such structures shall be located no closer than twenty (20) feet to any side or (30) feet to any rear property line of a lot. In addition, such structures shall be located no closer than twenty-five (25) feet to any residence or structure on an adjacent lot. No Outdoor Recreational Fireplace that is detached from the residence shall exceed twelve (12) feet in height. Neither shall such structures exceed eight (8) feet in width nor five (5) feet in depth for the first five (5) feet in height, nor three (3) feet in width or depth for any portion of the structure above the height of (5) feet. No detached Outdoor Recreational Fireplace shall be located closer than twenty (20) feet to any building on the same property. All detached Outdoor Recreational Fireplaces shall comply with the construction requirements of the Residential Building Code as adopted by City Council.
(3) Attached. Outdoor Recreational Fireplaces that are attached to a residence shall be considered to be part of the residence and shall be in compliance with all relevant requirements of the Zoning Code as adopted by Westlake City Council. All relevant requirements of this section that are specified for detached outdoor recreational fireplaces shall apply to attached outdoor recreational fireplaces unless otherwise expressly prohibited under the provisions of the Residential Code of Ohio.
(4) All Outdoor Recreational Fireplace Structures shall only be constructed of decorative brick or stone or other approved finish and shall have equal level of finish on all sides.
(5) The installation of all Outdoor Fireplaces shall be in accordance with either the Residential Building Code of the City of Westlake as adopted by Council, or with the manufacturer’s installation instructions, whichever is more restrictive.
(Ord. 2008-61. Passed 2-19-09.)
(Ord. 2008-61. Passed 2-19-09.)
(o) Outdoor Structures and Lot Coverage. Free standing, non-vehicular, open air structures, roofed or unroofed for non-storage, and non-vehicular parking purposes including, but not limited to gazebos, pergolas, arbors, pavilions, trellises, outdoor kitchens or other similar structures shall be as set forth permitted in the following schedule:
Permitted Building and Impervious Surface Coverage in Rear Yards | ||||
Size of Lot (sq. ft.) | Total Maximum Unenclosed Structures * 1 (sq. ft.) | Maximum % Coverage, Structures, Including Roofs | Maximum % Coverage, All Impervious Surfaces, Including Roofs ** 2 | Minimum Setback Side and Rear Line (Feet) *** 3 |
Under 20,000 | 200 | 15 | 50 | 10 |
20,000 to under 40,000 | 300 | 15 | 50 | 10 |
40,000 to under 60,000 | 400 | 15 | 45 | 10 |
60,000 to under 80,000 | 500 | 10 | 30 | 15 |
80,000 or greater | 600 | 5 | 20 | 20 |
1 * Includes gazebos, pergolas, arbors, pavilions, trellises, outdoor kitchens and other similar structures which are permitted to have screens but otherwise must remain unenclosed. | ||||
2 ** Impervious surfaces include both rear yard paving as well as all rear yard structures, combined. | ||||
3 *** Freestanding arbors or arbors that are part of fences are permitted in both rear and side yards no closer than 3 feet to a property line. | ||||
Provided further that such outdoor structures are restricted in height as follows:
(i) Flat Roof- Maximum Height of 10 feet.
(ii) Sloped Roof- Maximum Height of 15 feet.
(Ord. 2013-40. Passed 9-5-13.)
(Ord. 2013-40. Passed 9-5-13.)
1211.05 TEMPORARY STRUCTURES.
(a) Temporary Contractor’s Structures. Temporary offices, storage, signs and other structures of contractors shall be permitted as provided in Section 1313.07
of the Building Code.
(b) Portable Storage Containers. For the purpose of this section, “Portable Storage Containers” means any container designed for the temporary storage of personal property which is typically rented to owners or occupants of property for their storage use and which is delivered and/or removed by truck or trailer.
(1) No person shall place a portable storage unit on private property without first obtaining a permit from the Building Department. Each container placed in accordance with this section shall be issued a placard that must be prominently displayed indicating the date of placement and removal.
(2) Only one (1) unit is permitted on a property.
(3) The size of any portable storage container shall not exceed sixteen (16) feet in length by eight (8) feet in width by eight (8) feet in height.
(4) Any portable storage container must be located on a driveway or other hard surfaced area. Portable storage containers shall not be placed in the right of way or easements and shall be placed at least ten feet (10') from the existing right of way.
(5) Portable storage containers shall be securely locked at all times other than during actual loading or unloading.
(6) Portable storage containers may be placed on a property for up to thirty (30) days. The building official may permit the placement of a portable storage container on a property for more than thirty (30) days, provided the property owner has an active building permit or has demonstrated that extenuating circumstances exist to justify the extension.
(7) In addition to the required placard, no more than one sign, having a maximum area no greater than permitted for temporary signs under Section 1223.04
, may be displayed on any portable storage container.
(8) Any portable storage container shall be free of dents, rust and/or graffiti and shall be maintained in good condition.
(Ord. 2008-62. Passed 9-18-08.)
1211.06 REMOVAL OF SOIL.
The removal of any soil, sand or gravel shall be in accordance with the provisions of Chapter 1367 of the Building Code. (Ord. 1969-169. Passed 7-16-70.)
1211.07 BUILDINGS PERMITTED ON ZONING LOT.
There shall be no more than one one-family dwelling located on a zoning lot and both units of a two-family dwelling shall be within the same building, except in Multi-Family Districts or in Cluster Districts. In addition, there may be one or more accessory buildings on the same zoning lot with a main building if such accessory building is constructed subsequent to the main building.
No dwelling shall be located to the rear of any building on the same lot, however, in Single-Family Detached Cluster and Multi-Family Districts, single-family cluster buildings and multi-family buildings may be arranged in a group with no direct frontage on a street, provided, that in R-MF-40 Districts, townhouse dwelling units shall be developed in sequences of not less than two nor more than four units on one or more lots. In Detached Cluster Districts, not more than four cluster dwellings may share a common private driveway leading to a public dedicated street or a private street improved to public street standards and dwellings shall be located within 500 feet of the street. Cluster developments shall be located on a single zoning lot and maintain an overall density as required in Section 1211.09.
Yield Plan. A parcel which is zoned R-1F-Cluster shall contain no more units on that parcel than that parcel can be subdivided and developed in a One-Family (R-1F-80) District in accordance with the standards for one-family subdivisions. The applicant shall submit to the Planning Department and Planning Commission a proposed One-Family (R-1F-80) District preliminary subdivision plan along with a conceptual plan of the cluster development for review by the Planning Commission for the purpose of determining the number of units to be permitted in the R-1F-Cluster District.
(Ord. 2023-6. Passed 4-20-23; Ord. 2025-26. Passed 6-5-25.)
1211.071 MEANS OF ACCESS IN SINGLE FAMILY CLUSTER AND MULTI-FAMILY DISTRICTS.
Any cluster or multi-family development or street within a cluster or multi-family development proposed to contain more than twenty-five dwellings thereon, or any street or extension thereof, proposed to exceed 1,000 feet in length, shall have a minimum of two permanent means of access, one from each direction. Such permanent means of access must be a dedicated public street(s) or private street constructed to the street standards of Section 1129.08 and intersect with one or more major or secondary street(s).
(Ord. 2023-6. Passed 4-20-23.)
1211.08 AREA, YARD AND HEIGHT REGULATIONS.
Land and buildings shall be used in accordance with the lot area regulations and buildings shall be designed, erected, altered, moved or maintained in accordance with the yard and building height regulations set forth in the following sections:
(Ord. 2023-6. Passed 4-20-23.)
(b) The width of a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located as set forth in the Schedule, Section 1211.09 or as modified in Section 1211.12. The width of a lot on the street right-of-way line (front lot line) may be less, but shall be at least the width set forth in the Schedule, Section 1211.09.
(c) The percent of lot covered by main buildings, and the percent of lot covered by accessory buildings or uses, shall be not greater than as set forth in the Schedule, Section 1211.09. The area of buildings shall be the maximum area of land on which, or above which, buildings are constructed. The percentage shall be the total area of all buildings in ratio to the gross area of the lot, provided that the maximum percentage that may be occupied by uses accessory to one-family and two-family dwellings shall be based upon the area of the rear yard only.
(d) The front yard depth of a zoning lot shall be not less than the depth set forth in the Schedule, Section 1211.09, for the type of dwelling or other building permitted in the district in which it is located where less than sixty percent of the street frontage between two successive intersecting streets was built up prior to the effective date of this Zoning Code; except for the front yard setback that may be shown otherwise by ordinance, or except where variations in setbacks are permitted in accordance with Section 1211.16 and Section 1211.18.
(e) Two side yards shall be provided for every dwelling on a zoning lot. The width of either side yard of a lot shall be not less than the respective dimensions as set forth in the Schedule, Section 1211.09. The total width of both side yards of a lot and the width of two adjoining side yards on adjoining lots shall be not less than the total width as set forth in Section 1211.09 for the district in which it is located, except as modified in subsequent Sections 1211.17 and 1211.18.
(f) The rear yard depth of a zoning lot for main buildings shall be not less than the dimension set forth in the Schedule, Section 1211.09, whichever is the lesser, for the district in which it is located.
(Ord. 1988-248. Passed 4-20-89.)
1211.09 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS.
Maximum & Lot Coverage By | Minimum Yard Dimensions (ft.) (c) (d)(s) | ||||||||||||
Dwelling Type | Permitted Use District | Lot Area/Dwelling Unit (sq. ft.) | Minimum Development Area | Min. Lot Width at Bldg. Line (ft.) | Min. Lot Width at Street Line (ft.) | Main Bldg(s) | Accessory Buildings & Uses | Front Yard (b)(r) | Side Min. | Yard Total | Rear Yard | Max. Hght. (n)(o) | Min. % Open Space (q) |
One-Family | All Residential Districts | 20,000 (k)(d) | 20,000 (k) sq. ft. | 100' 120' for corner lot | 45 | 20 | 30(a) | 50 | 15 | 30 | 30 | 2.5 stories | 50 |
Single-Family Detached Cluster | R-1F Cluster | 20,000 (i)(p) | 1 acre (l) | 100 | 60 | 20 | 10(j) | (e) | (f) | (f) | 2 stories | 50 | |
Multi-Family Detached Cluster | R-MF-Cluster R-MF-40, 24, 15 for PUD See Chapter 1212 | 14,520 (i)(m) | 1 acre (l) | 100 | 60 | 20 | 10(j) | (e) | (f) | (f) | 2 stories | 50 | |
Two-family | R-2F-100 | 10,000 | 20,000 sq. ft. | 100 | 60 | 25 | 30(a) | 50 | 10 | 25 | 40 | 2 stories; 30' | 50 |
Multi-family Townhouse | R-MF-40 R-MF-24 R-MF-15 For PUD see Chapter 1212 | 7,000 (h)(m) | 2 acres (l) | 100 | 60 | 30 | N/A | (e) | see Sec. 1211.19 | 25 | 2 stories; 30' | 50 | |
Multi-Unit Low-Rise (3 stories or less) | R-MF-24 R-MF-15 For PUD See Chapter 1212 | Minimum 2,400 to 3,000 (g)(m) | 2 acres | 100 | 60 | 30 | N/A | 75 | See Sec. 1211.19 | 50 | 3 stories; 40' | 40 | |
Multi-Unit High-Rise (more than 3 stories) | R-MF-15 For PUD See Chapter 1212 | Minimum 1,500 to 2,100 (g)(m) | 5 acres | 300 | 240 | 20 | 40 | 100 | See Sec. 1211.19 | 100 | 6 stories; 75' | 40 | |
(a) Refers to % of rear yard area only.
(b) Unless indicated otherwise by ordinance.
(e) 20 feet to common private driveway, roadway or back of integral sidewalk/50 feet to public street.
(f) 15 feet minimum between dwellings within the development parcel, and not less than an average of 30 feet between all dwellings; 30 feet minimum adjacent to all perimeter boundary lines of the development parcel; and 7.5' minimum between the cluster dwelling and the fee simple title platted lot.
(i) Average land area per dwelling in the development.
(j) Location of common accessory uses to be approved by Planning Commission.
(k) Upon subdividing a parcel of record, the applicant may, upon the demonstration
of unique characteristics of the parcel, propose no more than ten percent (10%)
of the lots be less than 20,000 square feet but in no circumstances shall any lot
be less than 18,000 square feet. In order to demonstrate such unique characteristics,
the applicant must establish a practical difficulty or unnecessary hardship
peculiar to that parcel. Notwithstanding the foregoing, the average size of all
proposed lots in the proposed subdivision shall equal or exceed
20,000 square feet.
(l) When calculating the minimum development area of split zoned parcels, the entire acreage of the parcel is used when at least 70 percent of the property is within the same multi-family zone. If less than 70 percent of the parcel is within the same multi-family zone, the acreage of the multi-family zoned area is used instead.
(m) Density calculations are based on the multi-family zoned area of the parcel only.
(n) Maximum story height is 10' measured from floor to ceiling.
(q) Open space shall be used to conserve significant natural features such as mature trees, landscaping, streams and wetlands, and may include passive and/or active recreational uses. Retention or detention basins may be considered open space, if designed to be an integral part of the development and as an amenity to the residents, with shallow depths and side slopes less than 3 to 1, borders with natural or curvillinear shapes and plantings of grass and trees so as to blend in with the landscape features of the development.
(r) Distance shall be measured to the planned right-of-way.
(s) Where an interior lot is located on a curvilinear street such that its front and street side yard both border the same street, the street side yard setback shall be thirty-five (35) feet unless the street side yard setback has been established at a different number as set forth on a plat or other document recorded with the Cuyahoga County Fiscal Officer.
N/A Not applicable.
(Ord. 1989-211. Passed 11-16-89; Ord. 1994-196. Passed 12-1-94; Ord. 1994-203. Passed 1-5-95; Ord. 1998-284. Passed 3-18-99; Ord. 1998-285. Passed 3-18-99; Ord. 2023-6. Passed 4-20-23; Ord. 2024-28. Passed 9-5-24; Ord. 2024-100. Passed 1-2-25.)
1211.10 SUPPLEMENTARY AREA AND WIDTH REGULATIONS.
Land and buildings shall be used in accordance with the supplementary area and width regulations and buildings shall be designed, erected, altered, moved or maintained in accordance with the supplementary area and width regulations set forth in the following sections.
(Ord. 1969-169. Passed 7-16-70.)
1211.11 REQUIRED LOT AREA TO BE MAINTAINED.
(a) A parcel of land may be divided into two or more zoning lots, if all lots resulting from such division conform to all lot area and width regulations of the district in which it is located. A lot of record, whether vacant or occupied by a building, which has an area or width equal to or less than required by these regulations and which was owned separately from adjoining lots on the effective date of this Zoning Code (Ordinance No. 1969-169, passed July 16, 1970) or an amendment thereto which shall make the lot nonconforming, shall not be further reduced in any manner except by conveyance to an adjacent owner or owners.
The required lot area which is provided for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.
(b) In a R-MF-40 District, not less than 1,000 square feet of land area shall be provided as open space immediately adjacent to each townhouse dwelling unit.
(c) In R-MF-24 and R-MF-15 Districts, the minimum lot area per dwelling unit shall be provided as follows:
(1) Low-rise multi-unit buildings:
A. With underground parking for the required enclosed parking, the minimum lot area per dwelling unit shall be not less than 2,400 square feet per dwelling.
B. With attached accessory garage for required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 2,700 square feet per dwelling.
C. With detached accessory garage for required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 3,000 square feet per dwelling.
(2) High-rise multi-unit buildings:
A. With underground parking for the required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 1,500 square feet per dwelling.
B. With attached accessory garage for required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 1,800 square feet per dwelling.
C. With detached accessory garage for required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 2,100 square feet per dwelling.
(Ord. 1988-249. Passed 3-16-89; Ord. 2023-6. Passed 4-20-23.)
(d) In RMF-40, RMF-24 and RMF-15 Districts, the minimum lot area per dwelling unit for townhouses shall be 7,000 square feet per dwelling.
(Ord. 1994-197. Passed 9-15-94.)
(e) In the Planned Unit Development, R-MF-40, R-MF-24 and R-MF-15 Districts, the minimum lot area per dwelling unit for single family cluster homes shall be 14,520 square feet per dwelling. In these zoning districts, the applicant is not required to provide a Single Family (R-1F-80) District preliminary subdivision plan for the determination of the number of units that the parcel may contain. (Ord. 1997-45. Passed 3-20-97; Ord. 2023-6. Passed 4-20-23.)
1211.12 LOTS OF RECORD OF INSUFFICIENT AREA OR WIDTH.
A lot of record which does not comply with the area and/or width of lot regulations of the district in which it is located on the effective date of this Zoning Code, or any amendment thereto which shall make the lot nonconforming, may be used as follows:
(a) If occupied by a dwelling, such dwelling may be maintained, repaired or altered, provided however, that the building may be enlarged in floor area only if the enlarged sections comply with all other regulations of this Zoning Code and setbacks noted in the following subsection, except lot area and lot width regulations that are not applicable.
(b) The lot may be used as a site for a new or existing one-family dwelling only, provided that:
(1) All other regulations of this Zoning Code and setbacks noted below, except lot area and lot width regulations, shall be complied with;
(2) A required side yard for a lot less than seventy-five (75) feet in width may be reduced in width from that required in the Schedule, Section 1211.09, but shall be not less than five (5) feet in width, and the sum of the widths of two required side yards on any lot shall be not less than twenty (20) feet. For a corner lot or interior lot located on a curvilinear street, the width of the street side yard shall be not less than thirty-five (35) feet and the width of the opposite side yard (interior side yard) shall be not less than five (5) feet;
(3) A required side yard for lots with less than eighty-five (85) feet in width but seventy-five (75) feet or more in width, shall be not less than ten (10) feet in width, and the sum of the widths of the two side yards on any such lot shall be not less than twenty-five (25) feet. For a corner lot or interior lot located on a curvilinear street, the width of the street side yard shall be not less than thirty-five (35) feet and the width of the opposite side yard (interior side yard) shall be not less than ten (10) feet;
(Ord. 2024-28. Passed 9-5-24.)
(4) When the lot exists adjacent to one or more other lots on the same fronting street owned by the same owner on, or after, the effective date of this Zoning Code, the number of one-family dwellings which may be built on the combined area of these lots shall be determined by the following table schedule:
Minimum Total Combined Frontage of Adjoining Lots | |||
Number of Permitted One-Family Dwellings | One Lot | Two Lots | Three Lots |
One | 50 | 50 | 50 |
Two | x | 125 | 125 |
Three | x | x | 200 |
(c) If replatting of four or more adjoining nonconforming lots cannot be affected reasonably without resulting in an average lot width less than the minimum required for the district, the Planning Commission may recommend, subject to the approval of Council that such regulations be modified to permit lots of less width, but not more than ten percent narrower than required in the district in which the subdivision is located.
(Ord. 1989-212. Passed 11-16-89; Ord. 1994-71. Passed 5-19-94.)
1211.13 LOT AREA FOR GROUP DEVELOPMENT.
Areas that are proposed for public street purposes shall be excluded from the gross site area before computing the number of dwelling units permitted on a lot for a development of multi-family dwellings and single family cluster dwellings. Each development parcel shall remain as a legal zoning lot with frontage on a dedicated public street. (Refer also to Planning and Platting Code Section 1127.05.)
(Ord. 2019-134. Passed 2-6-20.)
1211.14 SUPPLEMENTARY YARD REGULATIONS.
Land and buildings shall be used in accordance with the supplementary yard regulations and buildings shall be designed, erected, altered, moved or maintained in accordance with the supplementary yard regulations set forth in the following sections.
(Ord. 1969-169. Passed 7-16-70.)
1211.15 REQUIRED YARDS TO BE MAINTAINED.
The required yards surrounding an existing main building shall not be separated in ownership from that part of the lot upon which the building is located and no part of a required yard shall be considered as providing a yard for any other existing main building. A yard shall not be reduced to less than the required dimensions for the district in which it is located and a yard of less than the required width shall not be further reduced. Every required yard shall be open and unobstructed from the ground upward except for accessory structures as set forth in Sections 1211.04, 1211.20 and 1211.21, and permitted projections as set forth in Section 1211.22.
(Ord. 1969-169. Passed 7-16-70.)
1211.16 FRONT YARDS OF PARTIALLY BUILT-UP BLOCKS.
Where a building line has not been established by ordinance, and where sixty percent or more of the aggregate street frontage between two successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of this Zoning Code (Ordinance 1969-169, passed July 16, 1970) or an amendment thereto, the average setback of conforming buildings located within 300 feet on either side of a lot proposed for development shall be the minimum front yard setback required for that lot.
(Ord. 1969-169. Passed 7-16-70.)
1211.17 SIDE YARDS, INSUFFICIENT WIDTH.
Where side yards of a lot are narrower than required for the district in which the building is located and if the lot was owned separately from all adjacent parcels of land on the effective date of this Zoning Code (Ordinance 1969-169, passed July 16, 1970) or a relevant amendment thereto, and is still so owned, the building may be maintained, repaired, modernized or altered but may not be enlarged in ground floor area unless the enlarged part complies with other regulations of this Zoning Code.
(Ord. 1969-169. Passed 7-16-70.)
1211.18 YARDS OF CORNER LOTS
The depth of the front yard of a corner lot or interior lot located on a curvilinear street shall be not less than the required setback from the front lot line as provided in Section 1211.09. The width of a side yard on the street side shall be not less than thirty-five (35) feet . The width of the opposite side yard (interior side yard) shall be not less than ten (10) feet for one-family homes in a R-lF-80 or R-2F-100 District. Corner lots or interior lots located on a curvilinear street shall also provide a minimum rear yard as provided in Section 1211.09 at the rear of the parcel or to the rear of the building as determined by the Director of lnspections.
(Ord. 2024-28. Passed 9-5-24.)
1211.19 YARDS FOR MULTI-FAMILY DWELLINGS.
(a) Arrangement and Intent. The yards of multi-family buildings shall be related to the plan of the dwelling units within the building as well as to yard requirements. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, from streets, parking spaces and recreation areas. In order to encourage more attractive arrangements of buildings and greater utilization of yards and the above objectives, regulations are established as described below.
(b) Minimum Distance From Buildings to Side or Rear Lot Lines. A minimum distance between any multi-family dwelling or parts thereof in a development area and any side or rear line of such development area shall vary according to the length and height of the building. Such minimum distance shall be determined by the following formulas:
Where land in R-MF-40, R-MF-24 and R-MF-15 Districts abuts R-1F-80 or R-2F-100 Districts, the minimum distance between building and side or rear property line shall not be less than the greater of fifty feet or the following formula:
Minimum Distance = A+L + H
F
Where land zoned as R-MF-40, R-MF-24 and R-MF-15 abuts all other zoning districts;
Minimum Distance = A+L + H
F
2
 |
the elements of such formula being described as follows:
A = 20 feet where the (L) is less than 50 feet and the (H) is less than 30 feet. In all other cases "A" shall be 50 feet.
L = length of the property line in feet measured between perpendicular lines to the property line where such perpendicular touch the extreme ends of the building.
H = height of building in feet.
F = division factor from the schedules below.
Buildings whose length (L) is up to 100 feet and:
the height (H) is up to 50 feet F = 5
the height (H) is 50.1 to 100 feet F = 3
Buildings whose length (L) is from 100.1 feet to 250 feet and:
the height (H) is up to 50 feet F = 3.5
the height (H) is from 50.1 to 100 feet F = 2.5
Buildings whose length (L) is 250 feet or more and:
the height (H) is up to 50 feet F = 2.5
the height (H) is from 50.1 to 100 feet F = 1.5
When computing the setback formula for buildings of more than one wing, all wings that are not within fifteen degrees of being perpendicular to the property line shall be considered as a separate building for measurement purposes.
All attached wings that are within fifteen degrees of the perpendicular to the property line shall be considered as one continuous building and the entire length between perpendicular lines to the property line shall be used for determining the length requirement of the formula.
The required setback shall be measured from the wall plane or point that is the closest to the property line.
In no case shall the minimum distance between the building and the side or rear property line be less than twenty-five feet in R-MF-40 and R-MF-24 Districts and not less than fifty feet in R-MF-15 Districts.
(c) Minimum Distances Between Buildings. The minimum distance between multi- family buildings or between opposite building walls of the same building shall vary according to length and height of the buildings. Such minimum distances shall be determined by the following formula:
MD = LA + LB + n (HA + HB)
F
provided that, in no case shall the minimum distance be less than twenty feet.
The elements of this formula are as follows:
MD =the minimum required horizontal distance between any wall of one building and another wall of that building and/or wall of another building.
LA = the total length of building "A", which shall be the length of the portion or portions of any wall or walls of building "A" from which lines drawn perpendicular will intersect any wall of building "B" or another wall of building "B".
LB = the total length of building "B" or of another wall of building "A" which shall be the length of the portion or portions of any wall or walls of building "B" or another wall of building "A", from which lines drawn perpendicular will intersect any wall of building "A".
HA = the height of building "A".
HB = the height of building "B" or of the other wall of building "A".
n = a factor which is equal to two for R-MF-40 and R-MF-24 Districts and one for a R-MF- 15 District.
F = a factor which is equal to five for a R-MF-40 and R-MF-24 District and three for a R- MF-15 District.
(Ord. 1969-169. Passed 7-16-70; Ord. 1994-198. Passed 12-11-94.)
1211.20 YARDS FOR ACCESSORY BUILDINGS AND USES; ONE-FAMILY
AND TWO-FAMILY DISTRICTS.
MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES
IN ONE-FAMILY AND TWO-FAMILY DISTRICTS
Distance in Feet From | ||||||
Accessory Use | Yard in Which Use Permitted | Rear Lot Line | Side Lot Line | Main Building | Side Street (Corner Lot) | Other (a) |
Detached garage | Rear yard only | 10(a) | 10(a) | 20 | 35 | |
Vehicular recreational equipment storage | Rear yard only | 30 | 30 | -0- | 35 | |
Central air conditioner, heat pump, etc. | Not in front yards | 20 | 10(e) | -0-(e) | (e) | |
Utility building | Rear yard only | (d) | (d) | 20(c) | 35 | |
Swimming pool | Rear yard only | 10 | 10 | -0- | 35 | |
Stable | Rear yard only | 50 | 50 | 100 | 300 | (b) |
Recreational courts on estate sized parcels including fences & appurtenances | Rear yard only | 50 | 50 | 10 | 50 | |
(b) 200 feet from any existing residence on adjoining property.
(c) Except that no minimum distance from a main building shall be required for a 3/4 hour fire- rated or metal utility building
(e) Central air conditioner, heat pump, generator, etc. may be located in the side yard of a lot providing such unit shall be no closer than twenty (20) feet from the front building line, ten (10) feet from the side lot line and is not visible from the street on which the lot fronts, notwithstanding any provision herein, in the case of a corner lot or interior lot located on a curvilinear street, such unit shall not be located in either the front yard or the street side yard.
(Ord. 2008-60. Passed 2-19-09; Ord. 2024-28. Passed 9-5-24.)
1211.21 YARDS FOR ACCESSORY BUILDINGS AND USES; MULTI-FAMILY DISTRICTS.
The required yards provided for in Section 1211.20 may be used for pedestrian walks, recreation areas, parking areas and garages and driveways, but such permitted uses shall be located in accordance with the following schedule:
MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES
IN R-MF-40, R-MF-24 AND R-MF-15 DISTRICTS
Minimum Distance | |||
From Side or Rear Lot Line of: | |||
Accessory Building or Use | From Main Building (in feet) | R-1F-80 or R-2F-100 District (in feet) | All other Districts (in feet) |
Garage | 35(a) | 30 | 5 |
Open parking area | 10 | 30 | 5 |
Drive | 20 | 30 | 3 |
Public walk | 10 | 10 | 3 |
Recreation area | 30 | 50 | 3 |
Other accessory building | 30 | 30 | 5 |
(a) Unless attached to the main building.
An open parking area may be located in the required front yard in R-MF-40 and R-MF-24 Districts, but shall not be less than twenty-five feet from the front property line. In an R-MF-15 District, visitor or temporary parking equal to not more than ten percent of the number of spaces required for a building may be permitted in a required front yard but shall be not less than twenty- five feet from the front property line. Such spaces shall not be included in calculating the number of parking spaces provided.
A garage or covered parking space shall not be located in a required front yard setback in any Multi-Family District. Off-street parking facilities shall be provided not more than 200 feet from a building entrance.
(Ord. 1969-169. Passed 7-16-70; Ord. 1994-199. Passed 12-1-94.)
1211.22 PROJECTIONS OF BUILDING FEATURES.
(a) Intent. A projection is that part or feature of a building which extends outside of the enclosing walls and makes the enclosed space more usable. It is intended that certain features may project into required yards, but they shall be regulated as herein set forth so that they will not substantially interfere with the reception of sun, light and air on adjacent lots.
(b) Types of Projecting Features. The following definitions shall apply to the terms used in the section:
(1) "Architectural feature" means a belt course, balcony, bay window, cornice, chimney or solid overhang.
(2) "Entrance feature" means a platform, landing, steps, terrace or other features not extending above the level of the floor of the first floor level of a building.
(3) "Shelter, enclosed" means an enclosed entry or porch.
(4) "Shelter, unenclosed" means an entrance hood or an open, but roofed, porch.
(5) "Shading device, solid" means a metal or plastic, louvered or solid awning.
(6) "Shading device, open" means a trellis, louvers and similar horizontal shading device having more than seventy-five percent of the surface open.
(c) Projection Limitations. Building features may project into required front and side yards of a dwelling, but shall not project more, and the distance to a side lot line, vertical projection, shall be not less than set forth in the following schedule:
PROJECTIONS OF BUILDING FEATURES
Maximum Minimum Projection Into | Distance | |||
Projecting Feature | Front Yard (in feet) | Side and Rear Yard (in feet) | From Side Lot Line (in feet) | Other Regulations |
Architectural features | 4 | 3 | 3 | Minimum distance from side lot line shall be increased 2 inches for each foot the feature exceeds 10 feet in width |
Entrance features | 5 | 3 | 2 | |
Shelters, enclosed | None | None | ||
Shelters, unenclosed | 4 | 3 | 3 | Minimum distance from side yard shall be increased 2 inches for each foot the shelter exceeds 10 feet in width |
Shading device, solid | 3 | 3 | 3 | Minimum distance from side lot line shall be increased 2 inches for each foot the feature exceeds 10 feet in width |
Shading device, open | 3 | 3 | 2 | |
Carports or other similar structures or parts thereof, shall not project into a required yard.
(Ord. 1988-239. Passed 7-20-89.)
1211.23 EXCEPTIONS TO HEIGHT REGULATIONS.
Within any residential district, chimneys, domes, elevator penthouses, skylights, spires, stacks, towers, ventilators or other necessary appurtenant features usually carried above roofs of structures permitted in each respective district, when erected upon and as an integral part of a building, and if such structures are not used for human occupancy, may be erected above the height limit specified in the Schedule, Section 1211.09, but in no case, shall any such feature extend more than twenty feet above the finished roof line.
Water towers, wireless or broadcasting towers, radio or television antennae and other like structures may be erected above the height limit specified in the Schedule, Section 1211.09, subject to the following constraints: (Ord. 1997-76. Passed 5-15-97.)
(a) The height from the base of such structure or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line.
(b) A variance by the Board of Building and Zoning Appeals shall be required for any such structure over thirty-five feet in height if detached from the main building, or over twenty feet in height above the upper point of attachment to a main building.
(Ord. 1969-169. Passed 7-16-70; Ord. 2020-149. Passed 2-18-21.)
1211.24 DWELLING UNIT AREA REQUIREMENTS; MEASUREMENT STANDARDS.
The area of a dwelling unit, as defined in Section 1203.04, shall be measured from the interior face of the exterior walls at the first floor line and the interior face of the walls of those rooms which may be included under a pitched roof for a one-family dwelling, and measured from the interior face of exterior walls and center line of party walls, where applicable, for two-family or multi-family dwellings. The following areas shall be excluded: garages, porches and breezeways for all dwellings; utility and general storage rooms in basementless dwellings; and public halls, utility and storage rooms in multi-family dwellings.
(Ord. 1969-169. Passed 7-16-70.)
1211.25 SCHEDULE OF MINIMUM DWELLING UNIT AREA REQUIREMENTS.
The minimum area of a dwelling unit shall be not less than indicated in the following schedule:
Minimum Area Per Dwelling Unit (Square Feet) By Zoning District | ||||||
Dwelling Unit Type | R-1F-80 | R-2F-100 | R-MF-40 | R-MF-24 | R-MF-15 | R-1F Cluster/R-MF Cluster |
One-Family dwelling | ||||||
One-story building | 1,100 | 1,100 | 1,100 | 1,100 | 1,100 | 1,100 |
More than one- story bldg. | 1,500 | 1,500 | 1,500 | 1,500 | 1,500 | 1,500 |
Two-Family Dwelling | ||||||
One-story building | 1,100 | 1,100 | 1,100 | 1,100 | 1,100 | N.A. |
More than one- story bldg. | 1,500 | 1,500 | 1,500 | 1,500 | 1,500 | N.A. |
Multi-Family | ||||||
Studio unit | N.A. | N.A. | N.A. | N.A. | 450(a) | N.A. |
One bedroom unit | N.A. | N.A. | 750 | 750 | 600 | N.A. |
Two bedroom unit | N.A. | N.A. | 900 | 900 | 750 | N.A. |
Each additional bedroom | N.A. | N.A. | 150 | 150 | 150 | N.A. |
(a) Permitted only in R-MF-15 District. The number of studio units shall not exceed ten percent of the total number of units in a building.
N.A. Not Applicable
At least fifty square feet of utility and general storage space shall be provided for each two- family and multi-family dwelling unit in addition to the required minimum dwelling area.
(Ord. 1988-252. Passed 4-20-89; Ord. 2023-6. Passed 4-20-23.)
1211.26 DEVELOPMENT PLANS.
Development plans shall be prepared and submitted for approval for all uses permitted in Multi-Family Districts and Cluster Districts in accordance with the regulations provided in Chapter 1220.
(Ord. 2023-6. Passed 4-20-23.)
1211.27 SATELLITE TRANSMITTING/RECEIVING DISH.
One satellite transmitting/receiving dish as an accessory use in Section 1211.03 shall be permitted only where all of the following conditions are satisfied:
(Ord. 1998-3. Passed 5-4-00.)
(a) Uses. The uses of the satellite transmitting/receiving dish shall be an accessory use to the main use. No owner or occupier of property shall erect or install a satellite transmitting/receiving dish without first obtaining all necessary building permits.
(b) Location. A satellite transmitting/receiving dish shall be located in rear yards only not affixed to any main building.
(c) Height. A satellite transmitting/receiving dish shall be erected, not to exceed ten feet in height. Said measurement shall be from the established grade to the top of the dish, which measurement includes the height of any base upon which it is mounted.
(d) Size. A satellite transmitting/receiving dish shall not exceed ten feet in outside diameter.
(e) Setback. The satellite dish antenna shall be set back the distance equal to triple the height of the satellite dish antenna from any side lot line or any rear lot line unless compliance with the setback requirement prevents installation.
(f) Landscaping or Screening. A satellite transmitting/receiving dish shall be screened by a structure or landscaping in accordance with the buffering requirements of this Zoning Code. Said landscaping or screening shall be half the height of the satellite dish measured from the established grade and be placed on all open sides.
(g) Safety Requirements. The satellite receiving dish shall be constructed and anchored in such a manner as to withstand winds of 100 miles per hour velocity. In addition to the foregoing requirements, the satellite receiving dish shall be placed where it will not have an adverse effect on the surrounding properties and including but not limited to site lines and creation of any interference with electric appliances, equipment or communications devices located on or within adjoining and/or surrounding properties. No signs shall be permitted on any satellite transmitting/receiving antenna. (Ord. 1995-214. Passed 2-15-96.)
(h) Satellite transmitting/receiving dishes of two (2) meters or smaller shall be exempt from the requirements set forth in subsections (a) through (f) of this section.
(1) Satellite transmitting/receiving dishes of two (2) meters or smaller may not be attached to the front of a main building, placed in the front yard, or in the case of a corner lot or interior lot located on a curvilinear street, may not be placed in the street side yard.
(Ord. 2024-28. Passed 9-5-24.)
(2) The regulations set forth herein as to dishes two meters or smaller are necessary to protect the health and safety of the residents of the City by providing a means to prevent said smaller dishes from injuring persons or property which travel along the City’s right of way. Smaller dishes of less than one and two meters are not subject to many regulations to which larger dishes are subject, including, but not limited to setback and location requirements, thereby, smaller dishes pose a threat to the safety of the community when placed in close proximity to the public right of way. Furthermore, construction, placement and anchoring requirements are necessary to ensure that smaller satellite dishes are not placed where they may interfere with electrical lines and will be able to withstand winds of 100 miles per hour. Cables must also be properly grounded for protection during lightning. (Ord. 1998-3. Passed 5-4-00.)
1211.28 LIMITED COMMERCIAL USE OF HISTORICAL BUILDINGS AND SITES.
A limited commercial use of historical buildings and sites as a conditional use in Section 1211.03 R-MF-24 District shall be permitted only where all of the following conditions are satisfied:
(a) The building or site must be a historical landmark of 100 years of age or older and meet the qualifications of a historical site as set forth by the Westlake Historical Society and the Ohio Historic Preservation Office.
(b) The building and/or site must be kept as near as possible in its original condition and state. Chapter 1227 Conditional Use Standards shall apply. The building and/or site may be changed in any manner necessary to comply with the life, safety or health ordinances of the City.
(c) The limited commercial use of the structure will permit:
(1) The sale of objects of art, crafts and antiques;
(2) The teaching of arts, crafts and the repair of antiques;
(3) The creation, assembly, and/or repair of arts and crafts;
(4) The restoration of antiques. (Ord. 1989-220. Passed 11-16-89.)
(5) “Professional Services” as approved by Council.
(Ord. 2007-141. Passed 12-6-07.)
1211.29 NURSING HOME; ASSISTED LIVING FACILITY IN SINGLE- FAMILY DISTRICTS. (REPEALED)
1211.30 OUTDOOR STORAGE AND PARKING OF RECREATIONAL EQUIPMENT; PROHIBITION AND EXCEPTIONS.
(a) Definitions. As used in this chapter "recreational equipment" includes the following words and phrases.
(1) "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and is permanently identified "travel trailer" by the manufacturer.
(2) "Pick-up camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(3) "Truck camper" means a pick-up truck with a slide-in camper mounted on it.
(4) "Motor home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(5) "Folding tent trailer" means a folding canvas structure mounted on wheels and designed for travel and vacation uses.
(6) "Trailer" means a cart or wagon designed to be pulled by an automobile, van, truck, or tractor for hauling boats, floats, rafts, canoes, snowmobiles, motorcycles and other recreational equipment and devices, as well as those carts or wagons used for utility purposes, i.e., hauling landscaping materials, furniture and household goods, plus the normal equipment to transport same on the highway.
(7) "Business invitee" means one who is at a place upon the invitation of another for the purpose of supplying a product or service, or both, to the person who extended the invitation.
(Ord. 1983-69. Passed 1-3-85.)
(8) "Boats" and "boat trailers" include boats, floats, rafts and snowmobiles plus the normal equipment to transport the same on the highway.
(Ord. 1985-80. Passed 9-5-85.)
(b) Outdoor Parking and Storage on Private Property and Exceptions. No person shall park or store, or permit to be parked or stored, recreational equipment upon any lot or land designated within the boundaries of the residential one and two-family districts except as hereinafter provided. Any owner of recreational equipment may park or store such equipment not in excess of twenty-eight (28) feet overall length, eight (8) feet in width and eleven (11) feet in height, such height being measured from ground level, only on property where he is living in accordance with the following conditions. (Ord. 2024-28. Passed 9-5-24.)
(1) Under no circumstances shall any recreational equipment have fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall such equipment be used at any time, while parked or stored on any residential lot within the City, for living, overnight sleeping, storage or housekeeping purpose. (Ord. 1983-69. Passed 1-3-85.)
(2) All recreational equipment shall be stored or parked as far from side and rear lot lines as practicable, and in no case less than is required in Section 1211.20 and not in front of the extension of the rear foundation line of the main dwelling or structure, nor in front of the extension of the side foundation line on a corner lot or interior lot located on a curvilinear street of the side closest to the side street or accordance with the requirement of Section 1211.20 whichever is greater.
(Ord. 2024-28. Passed 9-5-24.)
(3) All recreational equipment shall be kept in good repair and carry a current year's license plate and registration where required by law.
(4) No person shall make or cause to be made major repairs, alterations or conversions of recretional equipment unless such repair, alteration or conversion is done in a completely enclosed garage. Repairs of a major type are herein defined to include, but are not limited to, spray painting, body, plumbing, heating, spring and frame repairs, radiator repair, major overhauling of engines requiring the removing of engine cylinder head or crankcase pan or removing the motor and conversion of any other type of motor. The conversion of any vehicle is expressly prohibited.
(5) No materials of any nature may be stored beneath such recreational vehicle.
(6) When such vehicle is parked or stored outside of a garage in such approved or permitted location, the wheels shall be left on such vehicle or vehicle conveyance so that it may be moved in case of an emergency.
(7) No recreational vehicle shall be parked or stored unless it is titled to, leased or used exclusively by one of the permanent occupants of the residence where the recreational vehicle is located.
(c) Temporary Parking. Temporary outside parking of such recreational equipment shall be permitted in the front yard and/or side yard for a period not to exceed a total of seventy- two hours in any consecutive twenty-one day period.
(d) Business Invitee. The parking of recreational equipment by a business invitee shall be permitted in a residential district for a period of time, not to exceed five days, and no more than twice in each calendar year.
(e) Multi-Family Districts. In Multi-Family residential districts, the outside storage and parking of such recreational equipment shall be permitted only in the area described as the off- street parking facility for the main residential structure. Such recreational equipment must be owned or leased by an occupant of the main residential structure. All other provisions of subsection (b) hereof shall be applicable to Multi-Family districts.
(f) Miscellaneous. In all residential districts, the area involved in the outside storage and parking of recreational equipment as a permitted accessory use shall be included in the computation of the maximum lot coverage by buildings as provided under Section 1211.09
. No provisions of Section 1211.04
(a) shall in any way permit or control the parking or storage of recreational equipment.
(Ord. 1983-69. Passed 1-3-85.)
1211.31 SUPPLEMENTARY DESIGN REGULATIONS.
In all Multi-Family Districts, the following regulations shall apply:
(a) All required parking spaces which are to be enclosed shall be enclosed garages with a permanent roof, continuous foundation, concrete floor and exterior walls pierced only by windows and doors.
(b) All roofed areas shall be provided gutters and downspouts connected to an approved storm sewer.
(c) All driveways and parking areas shall be designed and constructed with positive drainage with catch basins and all driveways and parking areas serving more than four dwelling units shall have concrete rolled or barrier curbs defining the limits of the paved areas.
(d) Sidewalks shall be provided to all dwelling units connecting dwellings to parking areas and the public street.
(e) Trash storage containers shall be enclosed with six-foot high masonry enclosures and screened with a landscaped buffer as approved by the Planning Commission. Trash enclosures shall have a concrete pad and apron adequate to support necessary collection vehicles.
(Ord. 1988-245. Passed 3-16-89.)
1211.32 RESIDENTIAL FACILITY.
Residential facilities are permitted pursuant to Ohio Revised Code (ORC) Section 5119.341:
(a) One to Five Persons. Residential facilities providing accommodations and personal care services for one to five unrelated persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of ORC Section 5119.34 are permitted uses in any residential district, including any single-family residential district. Such homes are required to comply with area, height and yard requirements for one-family residences in the R-1F-80 zone.
(b) Six to Sixteen Persons. Residential facilities providing accommodations and personal care services for six to sixteen persons and licensed as a residential facility that meets the criteria specified in division (B)(1)(b) of Section 5119.34 of the Revised Code is a permitted conditional use in any multiple-family residential district. Such homes are required to provide architectural design and site layout of the home and its location, nature, and height of any walls, screens, and fences to be compatible with adjoining land uses and the residential character of the neighborhood and be in compliance with yard, parking, and sign regulations.
(c) A conditional use permit may be denied in areas with an excessive concentration of licensed residential facilities in accordance with ORC Section 5119.341(D)(1).
(Ord. 2023-6. Passed 4-20-23.)
1211.33 SUPPLEMENTAL REGULATIONS FOR ESTATE SIZED SINGLE FAMILY LOTS.
(a) An estate lot shall be defined as a single family residential parcel of two acres or more in size containing or proposed to contain one single family house. Such lots shall comply with the following standards and regulations in lieu of conflicting standards of Chapter 1211:
Minimum Lot area: | 2 acres |
Minimum lot width: | 150 feet at the building line |
Minimum side yard setbacks: | 25 feet each side (50 feet total) |
Minimum front yard setbacks: | 75 feet |
Maximum building height: | 3 stories |
Entrance gate and/or landscape features: | Are permitted within 10 feet of the front lot line but not greater than 6 feet in height nor wider than 10% of the lot width. |
Landscape entrance features: | Landscape entrance features are defined as small landscape elements including such features as mounding, pillars, monuments, address numbers, or other like structures and in connection with short sections of walls, or fences to identify the intersection of a private driveway with a public street. Such landscape entrance features may not enclose a front yard either visually or physically and may occupy no more than ten percent (10%) of the parcel width, shall be set back at least ten feet from a right-of-way or front lot line or side lot line, and be not higher than thirty inches in height except for trees, lampposts or pillars or like structures, the total widths of each when added together shall not exceed four feet and each of which shall not exceed six feet in height. |
Maximum garage area | 1,400 square feet |
(b) Recreational Courts. The term “recreational courts” means the surface area and permanent installation of structures, recreation equipment and appendants thereto, used in conjunction with recreation activities including tennis, basketball and any other similar recreational uses. Recreational courts shall not be used for go carts, motorcycles or other motorized vehicles. Recreational courts as an accessory use in Section 1211.03
shall be permitted only on estate sized parcels as defined in subsection (a) herein and where all of the following conditions are satisfied:
(1) Recreational courts shall be constructed at grade level and be comprised of clay, grass, asphalt, concrete or other similar hard surface material;
(2) Recreational courts shall only be located in the rear yard;
(3) Recreational courts, fences and appurtenances shall conform to the setback requirements as set forth in Section 1211.20 of this Zoning Code;
(4) Appendant to said courts shall not exceed 15 feet in height from the base of said court to the top of said appendant. Fencing of the recreational courts shall not exceed 10 feet in height;
(5) No floodlights, light poles or lighting of courts is permitted;
(6) The total recreational court area plus all other accessory uses on property shall not exceed the minimum percent of lot coverage as permitted in Section 1211.09 of this Zoning Code; and
(Ord. 1997-139. Passed 9-4-97.)
1211.34 SENIOR SERVICES IN RESIDENTIAL DISTRICTS.
Senior Services may be permitted as a conditional use in Residential Districts under the following conditions:
(a) The Senior Services use on the property in a Residential District must have been operating or under construction prior to December 31, 2018.
(b) The building(s) in existence prior to December 31, 2018 and associated with the Senior Services use may be rebuilt, replaced, maintained, remodeled or repaired, but the size of the building(s) or land, and the uses of the building or land, or other uses on the property shall not be expanded or enlarged.
(c) If such Senior Services use or a portion thereof is voluntarily discontinued for a continuous period of one (1) year, or the use is discontinued involuntarily for a period of three (3) years, any future Senior Services use of the building(s) or land, or any portion thereof so discontinued, shall not be permitted.
(Ord. 2020-110. Passed 11-5-20.)
1212.01 INTENT.
The Planned Unit Development (PUD) District and regulations are established in order to achieve, among others, the following purposes:
(a) To encourage skillful planning of residential development by allowing flexibility in type and placement of buildings while promoting coordinated architectural design within a unified development area.
(b) To utilize topographic and landscape features to enhance and unify the development and to insulate the development from major arterials as well as protect adjacent residential neighborhoods.
(c) To expand the scope of land planning from the concept of unrelated individual parcels and buildings to a coordinated and harmonious development.
(d) To promote the efficient use of land, utilities, streets and services.
(e) To promote increased open space and landscaped areas between uses and along public roads.
(f) To control the vehicular circulation and access to existing roads to reduce congestion and increase safety.
(Ord. 1991-42. Passed 5-16-91.)
(g) In the event of a conflict between the provisions contained in this chapter and other provisions contained in these Codified Ordinances, the provisions and regulations contained in this chapter shall supersede such inconsistent provisions.
(Ord. 2000-71. Passed 7-20-00.)
1212.02 USE REGULATIONS.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved, added to or maintained in a Planned Unit Development (PUD) District only for those uses set forth in this Chapter and in the schedules and regulations of this Zoning Code.
(Ord. 2018-122. Passed 2-7-19.)
(a) All buildings and uses proposed shall be designed, constructed, occupied and maintained as per the approved final development plan in accordance with Chapter 1220.
(b) All buildings and uses shall comply with the regulations for tree preservation in accordance with Chapter 1137.
(c) Buffering between a Planned Unit Development (PUD) District and adjacent R-1F- 80 Districts shall be in accordance with the requirements of Chapter 1130 unless otherwise waived by Planning Commission and Council.
(Ord. 1999-66. Passed 6-3-99.)
(Ord. 1999-66. Passed 6-3-99.)
(d) Residential PUD.
(1) Small Scale Residential PUD. The following buildings and uses may be permitted in Residential Planned Unit Development Districts of less than twenty-five acres of contiguous land defined as the development area, and as further limited in Section 1212.03:
A. Single-family cluster dwellings on parcels that are not less than 1 acre.
B. Townhouses on parcels not less than 2 acres.
C. Recreational facilities for the exclusive use of the residents and accessory uses and buildings permitted in the R-1F-80 District.
(2) Large Scale Residential PUD. The following buildings and uses may be permitted in Residential Planned Unit Development Districts of more than twenty-five acres of contiguous land defined as the development area, and as further limited in Section 1212.03:
A. Single family lots as approved by Council. Within the Planned Unit Development, lot sizes, setbacks, lot widths, the location and standards of public improvements, the location and design of common lands, and other conditions shall be set forth in the Preliminary Development Plan as approved by Council.
B. Single-family cluster dwellings and two-family homes.
C. Townhouses, atrium homes, patio houses and attached single family homes.
D. All other main uses and buildings permitted in the R-1F-80 District.
E. Public and civic uses.
F. Recreational facilities for the exclusive use of the residents and accessory uses and buildings permitted in the R-1F-80 District.
G. Conditional uses permitted in any residential district.
H. Accessory uses customary and incidental to uses listed in subsections (d) and (e) hereof.
(Ord. 2023-6. Passed 4-20-23.)
(e) Infill Development/Redevelopment PUD.
(1) In addition to the uses set forth in subsection (d) for Residential PUDs, the following buildings and uses may be permitted in Infill Development/ Redevelopment Planned Unit Development Districts of more than eight (8) acres of contiguous land defined as the development area which is located on infill development or redevelopment property located in a business district or Executive Office Park District, with the recommendation of the Planning Commission, approval by Council, and if required by Charter, the majority vote of the electors: (Ord. 2024-76. Passed 11-21-24.)
A. Midrise multifamily dwellings.
B. Retail stores.
C. Offices.
D. Mixed use buildings defined as retail shops and/or offices that may also include residential dwellings in the same building.
(Ord. 2018-122. Passed 2-7-19.)
E. Restaurants (other than drive-in/drive-thru restaurants), and the service and consumption of food and beverages. Restaurants meeting the following conditions may include a window for pick-up of food and beverages by way of conditional use permit:
i. All items are ordered and prepaid online or by call;
ii. There will be no display of menus or signage, except that directional signage may be permitted;
iii. Stacking shall be provided for not less than six (6) vehicles in front of the pick-up window;
iv. Stacking lanes shall not be located within the required parking and/or loading setback and shall not occupy any area needed to access any parking spaces; and
v. Stacking of vehicles off-site or on-street is not permitted.
(Ord. 2020-116. Passed 12-3-20.)
F. Hotels. (Ord. 2018-122. Passed 2-7-19.)
G. Service establishments as listed in Section 1216.03(e) with the exception of: tin shop; plumbing shop; furnace repair shop; sign display; printing shop or newspaper printing establishment, which employs more than five (5) employees; pet shop; animal hospital and animal day care establishment; and bus station.
H. Bank/financial institution.
I. Training schools of a private, technical or professional nature.
(Ord. 2020-116. Passed 12-3-20.)
(f) Town Center PUD.
(1) In addition to the uses set forth in subsections (d) and (e), the following buildings and uses may be permitted in Town Center Planned Unit Development Districts of more than fifty acres of contiguous land defined as the development area, with the recommendation of the Planning Commission, and approval by Council, and if required by Charter, the majority vote of the electors:
A. Mixed use buildings defined as retail shops, service establishments and other business uses, including offices, and/or residential dwellings in the same building.
B. Restaurants (other than drive-in/drive-thru restaurants) and the service and consumption of food and beverages.
C. Hotels.
D. Recreational uses. (Ord. 2018-122. Passed 2-7-19.)
E. Service establishments and other business uses as listed in Section 1216.03(e) and (g) with the exception of: tin shop; plumbing shop; furnace repair shop; sign display; printing shop or newspaper printing establishment, which employs more than five (5) employees; pet shop; animal hospital and animal day care establishment; mortuary; or nursery/landscaping.
(Ord. 2020-116. Passed 12-3-20.)
F. Civic uses, public buildings, public parks and open green space.
G. Licensed child day care centers, preschool facilities or adult day care facilities by way of Conditional Use Permit. (See Section 1226.02) (Ord. 2018-122. Passed 2-7-19.)
H. Bank/Financial institution. (Ord. 2020-116. Passed 12-3-20.)
1212.03 SCOPE AND AREA.
In order to establish or develop a Planned Unit Development (PUD) District, the development area shall comply with the following conditions:
(a) The minimum area to qualify as a Planned Unit Development (PUD) District shall be not less than one acre of contiguous land defined as a development area for Small Scale Residential PUDs, twenty-five (25) acres of contiguous land defined as a development area for Large Scale Residential PUDs, eight (8) acres of contiguous land defined as a development area for Infill Development/Redevelopment PUDs, and fifty (50) acres of contiguous land defined as a development area for a Town Center PUD. Such District or development area may be on adjacent parcels and/or bisected by a public dedicated or private street as long as all parcels within the development area are owned or bound by reciprocal easement agreements covering all the land within the PUD, by a person or a group of owners acting jointly under a planned development procedure. (Ord. 2024-76. Passed 11-21-24.)
(b) The development within a Planned Unit Development (PUD) District shall be consistent with the final development plan approved by the Planning Commission and Council in accordance with the provisions of Chapter 1220.
(c) Development plans shall cover the entire District indicating the uses, density, buildings, parking, landscaping and open space. Development plans shall be submitted and accepted by the owner and/or owners of all the land within the Districts. The final development plan shall be binding on the owner and/or owners, their heirs, executors, administrators, successors and assigns unless otherwise amended by action of Council. (Ord. 2000-71. Passed 7-20-00.)
(d) The residential density and use permitted within a Planned Unit Development (PUD) District shall be as established in the approved preliminary and final development plan, however in no case shall the gross density of the entire District exceed 9.9 dwellings per acre (or less than 4,400 square feet of land per dwelling). The maximum density including open space and private streets for specific use areas as approved in a development plan shall not exceed the following standards:
(1) Areas containing one-family homes including single-family cluster dwellings shall not have less than 20,000 square feet of land per one-family dwelling and 14,520 square feet of land per single-family cluster dwelling.
(2) Areas containing multifamily townhouses, of four or more dwellings per building shall not have less than 7,000 square feet of land per dwelling.
(Ord. 2023-6. Passed 4-20-23.)
(3) Areas containing multifamily dwellings limited to mid-rise multifamily and mixed-use buildings up to four floors in height shall not have less than 2,000 square feet of land per dwelling.
(4) Two-family homes, attached single family homes and including atrium houses or patio houses of two or three attached dwellings per building shall have not less than 10,000 square feet of land per dwelling.
(Ord. 2000-71. Passed 7-20-00.)
(e) The building floor area within the Town Center Planned Unit Development (PUD) District allocated to non-residential uses and buildings as listed in Section 1212.02(e) shall not exceed fifty percent (50%) of the floor area within the Planned Unit Development and the percentage established for non-residential uses and buildings on the preliminary development plan as modified in the final development plan. The floor area of any parking garages or parking structures shall not be counted as "floor area" for any purpose under this Chapter.
(f) Not less than forty percent (40%) of the floor area of the dwelling units within a Town Center Planned Unit Development (PUD) District shall be allocated to single family, single family cluster, attached single family or townhouse dwellings.
(g) Not less than seven and one-half percent (7.5%) of the entire land area excluding perimeter setbacks within a Town Center Planned Unit Development (PUD) District shall be permanently designated for civic buildings, public uses and public parks for common use.
(h) The Planning Commission shall determine the boundaries of each use to determine the percentage of allocation within the PUD. In a Town Center Planned Unit Development (PUD) District development exceeding fifty acres of contiguous land, not more than fifteen percent (15%) of the total land area of the district may be included in the preliminary development plan as first floor building area for retail uses. A preliminary development plan for a development district of more than fifty acres shall provide that not more than thirty-five percent (35%) of the total floor area of all buildings including the ground floor and all floors above the ground floor be devoted to retail uses. The calculation of the percent and amount of retail floor area for the purpose of the above percentages shall include restaurant floor area. Offices, banks and hotels shall not be considered retail space. The floor area for these uses shall be considered non-retail space in determining compliance to floor area and percentage limitations. Except as set forth in subsection (g) hereof or Section 1212.06, civic buildings or other public structures within the Planned Unit Development (PUD) District shall not be included in determining compliance with any floor area, density or percentage limitations applicable to the District.
(i) The floor area of the first floor of any single retail store located in a Town Center Planned Unit Development (PUD) District exceeding fifty acres may not exceed 40,000 square feet unless the Planning Commission recommends and Council approves a development plan incorporating a floor area for a specific single retail store, but in no circumstances shall the first floor area exceed 65,000 square feet.
(Ord. 2018-122. Passed 2-7-19.)
(Ord. 2018-122. Passed 2-7-19.)
1212.04 LAND PLANNING GUIDELINES.
The following planning guidelines are established to guide the planning, development and use of the land in a Planned Unit Development (PUD) District.
(a) Building arrangements shall encourage variety in arrangements of the bulk and shape of the buildings, open space and landscape features. The dwellings may be arranged in various groups, courts or clusters with open spaces related to the buildings so as to provide privacy and form a unified composition of buildings and open spaces. While flexibility in design is encouraged, the following design guidelines shall be incorporated in the final development plans:
(1) The adjoining properties shall be protected from loss of light and air because of the proximity or location of buildings. Buffering shall be planned and installed along the periphery of the District to screen nearby buildings and provide privacy to adjacent properties.
(2) Parking areas and spacing of garage doors shall be designed to lessen the impact and limit the concentration of blank walls, garage doors and large paved areas.
(3) Landscaped areas, screen walls, decorative fences, earthen mounds, hedges and other landscape features shall be used throughout the District to separate uses and buildings within the District from areas outside the District. Existing wooded areas shall be preserved where possible and existing trees which cannot be preserved shall be relocated on the site where feasible. (Ord. 2000-71. Passed 7-20-00.)
(b) The vehicular and pedestrian circulation system and parking facilities shall be designed to provide safe movement throughout the District. Parking areas shall be limited in size, enclosed and/or screened so as not to dominate the areas between buildings. Exterior lighting shall be in accordance with Section 1230.03
. Driveways and/or local streets shall be connected to major streets at limited locations where traffic can be controlled and operated efficiently with minimum interference to the capacity of existing streets. The Planning Commission and Council shall determine the number and location of street and drive connections to any existing street.
(Ord. 2018-122. Passed 2-7-19.)
(Ord. 2018-122. Passed 2-7-19.)
(c) Developments shall be designed to utilize the natural contours of the land, economize in the construction of utilities, reduce the amount of grading, and to maximize the conservation of trees and topsoil. Utility service including gas, water, sewers, electric, cable and telephone, shall be installed underground in compliance with appropriate City ordinances.
(d) Retention basins, if required, shall be designed to be an integral part of the development and as an amenity to the residents. Depths of basins shall be shallow and side slopes of such basins shall be less than 3 to 1. The borders of retention basins shall have natural or curvilinear shapes and shall be planted with grass and trees so as to blend in with the landscape features of the development.
(e) In the planning of single family, cluster and townhouse developments, land should be provided for private outdoor use of the occupants at such locations as entrances or garden sides of the dwellings.
(f) The common land shall be readily accessible and of such shape and size to be usable for recreation, open space and landscaping. The integrity of the common open space shall be guaranteed from further division and/or use through deed restrictions or covenants. Common lands and required buffering shall be further maintained by the owner or through a homeowners association and/or condominium association.
(Ord. 1999-66. Passed 6-3-99.)
1212.05 SCHEDULE OF YARDS AND SETBACKS.
In a Planned Unit Development (PUD) District, yards and setbacks shall be provided in accordance with the following standards and criteria:
(a) Peripheral yards and setbacks for buildings and uses of the District to any R-1F-80 District shall be provided for in accordance with the following table or as recommended by the Planning Commission and approved by Council:
PUD Use | Setback from PUD use to R-1F-80 Property Line |
Areas developed with single family, cluster or two-family dwelling |
50' |
Areas developed with townhomes |
75' |
Areas developed with any non-residential use or mid-rise multi-family dwellings |
100' |
(b) Building yard setbacks and minimum building lines on all streets shall be according to the following schedule or as recommended by the Planning Commission and approved by Council:
USE | MINIMUM FRONT YARD AND BUILDING LINE | |||
Residential PUD Public Street (Feet) | Infill/ Redevelopment PUD Public Street (Feet) | Town Center PUD (Feet) | Internal Street (Feet) | |
Main Use or Building | 50 | 80 plus bldg. ht. 100 min. | 110 | 13 (as measured from the back of the curb) |
Accessory Use | 50 | 110 | 110 | 13 (as measured from the back of the curb) |
Parking Area | 50 | 110 | 110 | 15 (except a garage door or parking entrance shall be 20 feet from the back of the curb) |
(Ord. 2018-122. Passed 2-7-19.)
(c) Distances between buildings and uses within the Planned Unit Development (PUD) District shall be as established on the final development plan approved by the Commission and Council or as further required to meet City and state codes for fire and safety. In reviewing building separations within the District, the Commission may utilize the standards for yards found in Sections 1211.19, 1211.20 and 1211.21 as guidelines.
(Ord. 1999-66. Passed 6-3-99.)
1212.06 REQUIRED OPEN SPACE.
(a) In a Planned Unit Development (PUD) District, public or private open space shall not be less than fifty percent (50%) of the gross area of the District, except in a Town Center Planned Unit Development (PUD) District, the open space required hereunder shall not be less than twenty-five percent (25%) of the gross land area of the District.
(b) Open space shall meet the following standards:
(1) Open space shall be used to conserve significant natural features such as mature trees and landscaping, waterways and drainage ways, and other such elements.
(2) The open space shall be usable and generally not less than 100 feet in width. It should be interconnected within the development and with adjacent developments, as applicable.
(3) Open space shall be dedicated per a deed agreement or similar legal instrument to ensure that it will not be developed in the future.
(4) Open space may include:
A. Natural areas such as preservation areas, woodlands, lakes, and ponds;
B. Historic sites;
C. Passive or active recreation uses;
D. Retention or detention basins, if designed to be an integral part of the development and/or as an amenity to the residents. Depths of basins shall be shallow and side slopes of such basins shall be less than 3 to 1. The borders of retention basins shall have natural or curvillinear shapes and shall be planted with grass and trees so as to blend in with the landscape features of the development. Retention and detention basins shall be located outside of any required buffer area on property that is within the Planned Unit Development (PUD) District it is to serve.
E. Pedestrian walkways and paths;
F. Outdoor dining areas;
G. Retail kiosks;
H. Public plazas and gathering areas;
I. Public art or exhibitions; and
J. Similar items as approved by the Planning Commission.
(5) Open Space may not include:
A. Individual lot setbacks and private yards;
B. Streets and drives; and
C. Retention and detention basins that are not improved per subsection (b)(4)D. above. (Ord. 2023-6. Passed 4-20-23.)
1212.07 BUILDING HEIGHTS.
In a Planned Unit Development (PUD) District, building heights shall be provided in accordance with the following standards and criteria or as recommended by the Planning Commission and approved by Council:
(a) One-family, single-family cluster, two-family and townhouse dwellings shall not exceed thirty feet in height, see Section 1203.06(m).
(Ord. 2023-6. Passed 4-20-23.)
(b) All other buildings permitted in the District shall not exceed four stories or fifty feet to the highest part of the roof.
(Ord. 1999-66. Passed 6-3-99.)
(c) In a Town Center Planned Unit Development, the minimum height of all main buildings in the development site shall be two stories of usable space unless otherwise recommended by the Planning Commission and approved by Council.
(Ord. 2018-122. Passed 2-7-19.)
(Ord. 2018-122. Passed 2-7-19.)
1212.08 DWELLING UNIT AREA REQUIREMENTS.
The minimum area of dwelling units shall be not less than required in the schedule in Section 1211.25 for an RMF-15 District.
(Ord. 2000-71. Passed 7-20-00.)
1212.09 SIGNS.
Signs shall be permitted as needed for information and traffic control as determined by the Planning Commission. Monumental entranceway signs shall be permitted at each entrance into the development in accordance with the regulations in Section 1223.04(h). Individual businesses located within a Planned Unit Development (PUD) District shall have signs in accordance with the sign criteria and a master sign plan approved by the Planning Commission for that district.
(Ord. 2018-122. Passed 2-7-19.)
(Ord. 2018-122. Passed 2-7-19.)
1212.10 DESIGN STANDARDS.
The following design standards shall apply to all development in the District:
(a) All required parking spaces which are to be enclosed shall be enclosed with a permanent roof, continuous foundation, concrete floor and exterior wall pierced only for ventilation, windows and doors. Underground parking which has an at grade roof covered in ground cover, landscaping, recreation facilities or landscaped patio may be counted for required open space. Parking lots shall be screened from adjacent residential uses and public streets with dense evergreen hedges or trees and/or earthen mounds or other effective screening as approved by the Planning Commission. Decked or structured parking above or below grade may be open to allow light and air into the parking structure and shall have finished exterior decorative walls and/or landscaping adequate to screen the view of parked cars within the facility from the street fronting the parking garage as approved by the Planning Commission. (Ord. 2000-71. Passed 7-20-00.)
(b) All roofed surfaces shall be provided gutters and downspouts connected to an approved storm system.
(c) All driveways and parking areas shall be designed and constructed with positive drainage with catch basins. All driveways and parking areas serving more than four dwelling units shall have concrete rolled or barrier curbs defining the limits of the paved areas.
(d) Sidewalks shall be provided to all dwelling units connecting the dwelling to the required parking spaces and to the public streets.
(e) Trash storage containers shall be enclosed with a six-foot high masonry wall on three sides with a closable door. Trash enclosures shall be screened with landscaping, located not less than six feet from any frame building and provided a concrete pad and apron adequate to support collection vehicles.
(f) Buildings in the District and those constructed in phases shall be harmonious in design, exterior materials and color so as to provide a coordinated architectural design for the development area.
(Ord. 1991-42. Passed 5-16-91.)
(g) Any streets serving more than 100 dwellings, dwellings of different types or non- residential uses shall be dedicated public streets unless otherwise approved by the Planning Commission and Council. Private street pavements shall be constructed to City standards for public streets unless a different standard is approved by Council. All private streets shall be within an easement granted to the City for access. All private streets shall be owned and maintained by the landowner or condominium association.
(Ord. 1999-66. Passed 6-3-99.)
(h) Town Center Planned Unit Developments shall be pedestrian oriented with first floor retail storefronts, curbside parking, pedestrian plazas, and shall include other features such as decorative street furniture, landscaped streets and walks, weather protected walkways, outdoor seating, bicycle facilities including paths and parking, decorative pavement to indicate pedestrian areas and crosswalks, traffic calming measures, transit accommodation and signage that is compatible with the building architecture and pedestrian scale.
(Ord. 2018-122. Passed 2-7-19.)
(Ord. 2018-122. Passed 2-7-19.)
(i) Canopies and/or awnings may project from a building face and may extend or be within one foot of the back of a curb. Open arcades providing cover over sidewalks in front of buildings may extend to within five feet of a street curb.
(Ord. 2000-71. Passed 7-20-00.)
1212.11 PARKING FACILITIES.
Parking and driveways shall be permitted as an accessory use in accordance with the standards and regulations of Chapter 1221 except as further regulated herein.
(a) Enclosed parking required in a PUD District may be in enclosed garages or structured parking decks. In addition, open guest parking shall be provided at a rate of at least one-fourth space per dwelling unit.
(b) Required enclosed parking spaces for midrise multifamily or mixed use buildings shall be located in underground parking garages or attached multi-story parking garage. The roofs of garages at grade may be used for open guest parking, driveways and landscaping.
(Ord. 1999-66. Passed 6-3-99.)
(Ord. 1999-66. Passed 6-3-99.)
(c) In Town Center or Infill Development/ Redevelopment Planned Unit Developments, the Planning Commission may modify the parking required and in such case shall determine how much parking is needed taking into account the hours of operation of uses, the overlap in parking demand by different adjacent uses and the types of uses proposed.
(d) In a Town Center Planned Unit Development containing retail buildings and other uses, the preliminary development plan shall provide that not less than 50% (fifty percent) of the required parking for the district shall be in garages or decked facilities.
(e) In a Town Center or Infill Development/ Redevelopment Planned Unit Development, on-street and curbside parking may be permitted by the recommendation of the Planning Commission and approval by Council to a maximum of ten percent (10%) of the required parking.
(Ord. 2018-122. Passed 2-7-19.)
(Ord. 2018-122. Passed 2-7-19.)
1212.12 PROCEDURES FOR PUD DISTRICT APPLICATION.
All applications for establishing a Planned Unit Development (PUD) District and amending the Zone Map shall follow the procedures outlined in this section and in accordance with Chapter 1235.
(a) A request for a Planned Unit Development (PUD) District rezoning may be initiated by the Planning Commission through its Council representative, a councilman, the Mayor or the owner of record or by a bonafide purchaser under contract, option or agreement. (Ord. 1991-42. Passed 5-16-91.)
(b) The request for rezoning shall be submitted to the Director of Planning and Economic Development in accordance with Chapter 1235 except as otherwise provided herein. Such a request shall include the following:
(1) Written request describing the proposed rezoning and proposed uses of the property.
(2) In the case of an owner or agent request, a copy of proof of ownership or bonafide contract or agreement to purchase.
(3) A legal description of the parcel or parcels to be rezoned.
(4) Surveyor's or engineer's certification that the parcel(s) in the rezoning request consist of sufficient acreage amounts for the district in accordance with Section 1212.03.
(5) Survey maps or tax maps of the parcel(s) to be rezoned including the permanent parcel numbers of all parcels or portions thereof to be rezoned.
(6) Twenty copies of a preliminary development plan indicating the location, boundary, number and type of dwellings and density of the proposed uses throughout the entire district in accordance with the requirements of Section 1212.13. (Ord. 2024-15. Passed 6-6-24.)
(c) If Council authorizes the preparation of legislation to amend the Zone Map to rezone property to Planned Unit Development (PUD) District, the proposed ordinance and preliminary development plan shall be referred to the Planning Commission as per Section 1235.04.
(d) After receipt of the proposed rezoning ordinance and preliminary development plan, the Commission shall review and make recommendations to Council along with any conditions it deems necessary for the health, safety and welfare of the community. The Commission shall either amend, approve or disapprove the preliminary development plan for the proposed Planned Unit Development (PUD) District.
(e) Prior to Council action on the rezoning of any land to Planned Unit Development (PUD) District, Council shall approve or approve with amendments, a preliminary development plan for the proposed District. No Planned Unit Development District shall be approved and/or created without a preliminary development plan established and approved locating the areas, types, number and density of dwellings in the District.
(f) After approval of the preliminary development plan and approval of the zoning amendment in accordance with procedures of Chapter 1235, the rezoning shall be placed on the ballot to be voted on by the electorate at the next general election if the rezoning increases the density or permits multifamily dwellings where such dwellings and/or density were not previously permitted in the area to be rezoned.
(g) After final approval of the rezoning to Planned Unit Development (PUD) District, a final development plan shall be submitted to the Commission in accordance with the procedures and requirements of Chapter 1220 and as further required herein. The final development plan shall be in substantial accordance with the preliminary development plan and shall comply with the following:
(1) All the conditions imposed by Council in the approval of such preliminary development plan.
(2) Be in conformance with all of the design standards and criteria of this Zoning Code.
(3) All deed restrictions, dedications, covenants, agreements and other documents are in acceptable form and have been executed and all fees paid.
(h) The Commission shall review the final development plan in accordance to the standards, criteria and guidelines of this chapter and the provisions of Chapter 1220. The Commission may make recommendations, amendments and specify conditions as to the placement and design of buildings, location of streets and driveways, amount and type of buffering, landscaping, lighting, and signs as may be determined by the Commission to improve the development and protect the existing and future residents. (Ord. 1991-42. Passed 5-16-91.)
1212.13 PRELIMINARY DEVELOPMENT PLAN.
A preliminary development plan shall be required for all Planned Unit Development (PUD) Districts and shall be approved prior to the companion amendment to the Zoning Map. Once approved by Council, the preliminary development plan shall be binding on the owner, successor, heirs and assigns. The preliminary development plan may be revised and amended only if submitted to and recommended by the Planning Commission and approved by Council following the provisions of Section 1212.12. However, once a preliminary development plan is approved, Council is under no obligation to amend an approved preliminary development plan. The preliminary development plan required in this Chapter shall be defined as per this section and shall contain the following information: (Ord. 2018-122. Passed 2-7-19.)
(a) Survey or engineering drawing of the development area to be rezoned.
(b) Permanent parcels including parcel numbers and dimensions of all parcels or portions contained in the proposed District.
(c) Location and number of dwellings by dwelling type in each area, acreage of each area and densities in each area of the District.
(d) Location of existing and proposed public roads.
(e) Minimum peripheral setbacks around the perimeter of the District.
(f) Location of all existing structures in the District and any structures within twenty- five feet of the boundary of the proposed District.
(g) Schedule of construction or phases of the development.
(h) Location, type and size of any easements, covenants, deed restrictions or other restrictions proposed or recorded. (Ord. 1991-42. Passed 5-16-91.)
1212.14 FINAL DEVELOPMENT PLAN.
(a) A final development plan shall be submitted and approved prior to the application of building permits. The procedure and requirements for the final development plan shall be as provided in Chapter 1220 for development plans. A tree preservation plan shall be provided as part of the final development plan and shall be in accordance with the requirements of Chapter 1137 of the Planning and Platting Code. The final development plan may be phased for portions of the development area within the development plan approved by Council. Each phase of development shall contain all necessary improvements to support that phase including but not limited to: utilities, retention, access, fire protection, parking, lighting, landscaping, buffering and required trees. Each phase shall also comply with all other codes and ordinances of the City to the extent not expressly modified by the specific terms contained in this section of the Codified Ordinances.
(Ord. 2025-26. Passed 6-5-25.)
(b) In addition to the requirements set forth in paragraph (a) above, ninety days prior to the application for a final development plan for a development permitted under this section, the applicant shall prepare and submit for approval by the Planning Commission and City Council, a Design Manual to establish the architectural design specifications and general design guidelines for the entire Planned Unit Development proposed. The Design Manual shall include, but not be limited to, and shall provide examples of, architectural style of buildings, design features, exterior finish materials of buildings, basic design of streets, street furniture and fixtures, lighting specifications, signing standards for all street and building signage, general landscaping design, sidewalk and pedestrian plaza design criteria and other design elements of the development.
(Ord. 2000-131. Passed 10-19-00.)
1213.01 PURPOSE AND FINDINGS.
(a) Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(b) Findings. The City Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50(1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Los Angeles, California; Indianapolis, Indiana, Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
(Ord. 1998-221. Passed 3-4-99.)
1213.02 DEFINITIONS.
(a) “ADULT ARCADE” means any place to which the public is permitted or invited where either or both:
(1) Motion picture machines, projectors, video or laser disc players, or
(2) Other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(b) “ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia other than prophylactics, which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and may still be categorized as “ADULT BOOKSTORE, ADULT NOVELTY STORE”, or “ADULT VIDEO STORE”. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an “ADULT BOOKSTORE, ADULT NOVELTY STORE”, or “ADULT VIDEO STORE” so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(c) “ADULT CABARET” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a "state of nudity" or "state of semi-nudity"; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
(4) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(d) “ADULT MOTION PICTURE THEATER” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, digital projections, laser projections, computer reproductions or similar visual reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(e) “ADULT THEATER” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities" or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators or similar entertainment.
(f) “COVERING” means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(g) “ESTABLISHMENT” means and includes any of the following:
(1) The opening or commencement of any Sexually Oriented Business as a new business;
(2) The conversion of an existing business, whether or not a Sexually Oriented Business, to any Sexually Oriented Business;
(3) The additions of any Sexually Oriented Business to any other existing Sexually Oriented Business; or
(4) The relocation of any Sexually Oriented Business.
(h) “NUDE MODEL STUDIO” means any place where a person who appears semi- nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
“Nude Model Studio” shall not include:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
(2) A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi- nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
(i) “NUDITY” or a “STATE OF NUDITY” or “NUDE” means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(j) “PERSON” means an individual, proprietorship, partnership, corporation, association or other legal entity.
(k) “PRINCIPAL BUSINESS PURPOSE” means twenty-five percent (25%) or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts of merchandise for sale or rental for consideration, whichever is the greater.
(1) “SEMI-NUDITY” or “SEMI-NUDE CONDITION” or “SEMI-NUDE” means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(m) “SEXUAL ENCOUNTER CENTER” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
(n) “SEXUALLY ORIENTED BUSINESS” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
(o) “SPECIFIED ANATOMICAL AREAS” means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(p) “SPECIFIED SEXUAL ACTIVITIES” means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in subsections (a)(1) and (2) hereof.
(q) “SUBSTANTIAL ENLARGEMENT” of a Sexually Oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this chapter takes effect.
(Ord. 1998-221. Passed 3-4-99.)
1213.03 SEXUALLY ORIENTED BUSINESSES.
Sexually Oriented Businesses are classified as follows:
(a) Adult arcades;
(b) Adult bookstores, adult novelty stores, or adult video stores;
(c) Adult cabarets;
(d) Adult motion picture theaters;
(e) Adult theaters;
(f) Nude model studios; and
(g) Sexual encounter centers.
(Ord. 1998-221. Passed 3-4-99.)
1213.04 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) Sexually Oriented Businesses may be located only in accordance with the restrictions contained in subsections (b) through (i) hereof.
(b) Sexually Oriented Businesses may be located only in those areas that are to the north of the projection west of the centerline of Clemens Road and to the west of a line drawn parallel to the centerline of Bradley Road 1,350 feet east of the centerline of Bradley Road and zoned as Exclusive Industrial (L) District. However, in no event shall any such use have frontage on or access to or from Crocker Road.
(c) No Sexually Oriented Business may be established on any lot which borders on or touches U. S. Interstate Highway 90 (I-90).
(d) No Sexually Oriented Business may be established within 1,000 feet of:
(1) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) A structure devoted to a residential use whether or not such structure is located within the limits of the City of Westlake;
(4) A public or private park or public or private recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, miniature golf course, or other similar family recreation area, and other similarly used public land within the City which is under the control, operation, or management of either the City park and recreation authorities or which is operated or managed by the Cleveland MetroParks; or
(5) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(e) No Sexually Oriented Business may be established within 300 feet of a residential zoning district whether or not such district is located within the City of Westlake.
(f) No Sexually Oriented Business may be established, operated or enlarged within 1,000 feet of another Sexually Oriented Business.
(g) Not more than one Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented business may not be increased.
(h) For the purpose of subsection (d) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a Sexually Oriented Business is conducted, to the nearest property line of the premises of a use listed in subsection (d) hereof.
(i) For purposes of subsection (f) hereof, the distance between any two Sexually Oriented Businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(Ord. 1998-221. Passed 3-4-99.)
1213.05 ADDITIONAL REGULATIONS CONCERNING LOT, YARD, HEIGHT,
PARKING, BUILDING AND SITE DESIGN STANDARDS, AND SITE DEVELOPMENT PLAN REQUIREMENTS.
(a) Lot requirements for Sexually Oriented Businesses are those specified for Recreation Businesses in Section 1216.05 of this Code.
(b) Yard requirements for a Sexually Oriented Business are those specified for Recreation Businesses in Section 1216.06 of this Code.
(c) Maximum Height Regulations for a Sexually Oriented Business are those specified for Recreation Businesses in Section 1216.08 of this Code.
(d) Parking requirements for a Sexually Oriented Business are governed by the provisions contained in Chapter 1221 of this Code.
(e) Building and site design standards for a Sexually Oriented Business are those specified in Section 1216.13 of this Code.
(f) Site development plans for a Sexually Oriented Business shall be submitted to the Department of Planning in accordance with the procedures specified in Chapter 1220 of this Code.
(g) Review and approval procedures for a site development plan for a Sexually Oriented Business shall be in accordance with the procedures specified in Chapter 755 of this
Code, Licensing and Operation of Sexually Oriented Businesses.
(Ord. 1998-221. Passed 3-4-99.)
1213.06 SIGN REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
(a) All signs shall be "wall signs" as defined in Section 1383.02(a)(19) of this Code, with a maximum allowable sign area of forty (40) square feet as measured in accordance with the standards specified in Section 1383.03 of this Code, and shall comply with:
(1) The location standards specified in Sections 1383.05(b) and 1383.08(c) of this Code;
(2) The illumination standards specified in Section 1383.07 of this Code;
(3) The Design and Construction standards specified in Section 1383.10 of this Code; and
(4) The list of prohibited signs specified in Section 1383.12 of this Code.
(b) All signs shall be maintained in accordance with Section 1383.14 of this Code and may be ordered to be removed in accordance with the provisions of Section 1383.15 of this Code.
(c) No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from a sidewalk or street adjacent to the building.
(d) Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
(e) Review and approval procedures for a sign permit for a Sexually Oriented Business shall be in accordance with the procedures specified in Chapter 755 of the Codified Ordinances, Licensing and Operation of Sexually Oriented Businesses.
(Ord. 1998-221. Passed 3-4-99.)
1214.01 INTENT.
Automobile Parking Districts and their regulations are established in order to promote the general convenience, welfare and prosperity of the community. More specific purposes are:
(a) To provide a transitional use of "buffer" area, generally between business and residence districts, wherein open land developments, such as parking areas and driveways, would be more appropriate than building developments;
(b) To provide areas for expansion of off-street parking where presently needed and to control the location of accessways to such parking areas;
(c) To protect adjacent residential neighborhoods from traffic congestion by setting limits, based on need, for future expansion of such parking facilities, and by establishing protective features along lines so defined.
(d) To promote the most desirable use of land in accordance with a well-considered plan and to stabilize and enhance property values.
(Ord. 1980-6. Passed 4-17-80.)
1214.02 CONFORMITY WITH REGULATIONS REQUIRED.
In an Automobile Parking District, buildings and land shall be used, and buildings shall be erected, altered, moved or maintained, only in accordance with the provisions of this chapter.
(Ord. 1980-6. Passed 4-17-80.)
1214.03 USE REGULATIONS.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in Automobile Parking Districts only for the following:
(a) Main Buildings and Uses.
(1) Residential buildings as permitted and as regulated in a contiguous One- Family and Two-Family Residential District.
(2) Open, unenclosed passenger automobile parking facilities for permitted uses in adjoining residential and business districts. Such parking areas shall be free of charge and shall not be used for selling, dead storage, repairing or servicing of vehicles.
(b) Accessory Buildings and Uses.
(1) Accessory uses as permitted and as regulated in a contiguous One-Family or Two-Family Residential District.
(Ord. 1980-6. Passed 4-17-80.)
(3) Exterior lighting of parking facilities shall be in accordance with Section 1230.03. (Ord. 2017-110. Passed 12-21-17.)
(4) No building accessory to a parking facility shall be permitted.
(Ord. 1980-6. Passed 4-17-80.)
1214.04 YARD REGULATIONS.
(a) Permitted one-family or two-family dwellings shall conform to all front, side and rear yards required in their respective districts.
(b) Parking facilities shall provide front, side and rear yard as required for "accessory parking" in the most restrictive contiguous district other than R-1F-80 and R-2F-100 Districts. "Buffering" shall be required as provided in Chapter 1130 of the Planning and Zoning Code.
(Ord. 1980-6. Passed 4-17-80.)
1214.05 DEVELOPMENT PLANS.
1215.01 PURPOSE.
The Planned Office District is established to achieve, among others, the following purposes:
(a) To provide, in appropriate locations, areas for office development, both local and regional.
(b) To provide areas of sufficient size and locations for a combination of office use and accessory commercial and retail use.
(c) To encourage the assemblage of parcels to provide reasonable development and safe access to public streets.
(d) To encourage creative design and flexible mixed use of larger parcels of land along business corridors.
(Ord. 1988-233. Passed 1-19-89.)
1215.02 USE REGULATIONS.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved, added to or maintained in the Planned Office District only for uses set forth in this chapter and in schedules and regulations of this Zoning Code.
(a) The main buildings and uses set forth in the schedule, Section 1215.03
, shall be permitted by right as the principal building or use of a zoning lot.
(b) Conditional uses are certain types of main or accessory uses so classified because of their uncommon characteristics, infrequency of occurrence, large land requirements or special features or conditions and shall not be permitted by right. Such conditional uses and buildings as identified in the schedule, Section 1215.03, shall require consideration and approval by the Planning Commission and Council according to the special lot conditions.
(c) The accessory buildings and uses set forth in the schedule, Section 1215.03, shall be permitted as subordinate buildings or uses if they are planned and developed integrally therewith, clearly incident thereto, and located on the same zoning lot as the main building or use and conform to the requirements of Section 1215.04.
(d) A building designed and constructed as a residence cannot be occupied in whole or in part by a use permitted in this district. Existing residences shall not be permitted by right and shall be construed as nonconforming uses, but may be continued and maintained as a residence subject to all the lot area, building area and yard regulations of the R-1F-80 District.
(e) All buildings and uses proposed as part of a development plan shall be constructed, occupied and maintained as per the approved development plan in accordance with Chapter 1220 of this Zoning Code.
(f) In order to construct, lease, rent, sell, occupy or maintain buildings and uses utilizing the special lot conditions, the zoning lot shall be assembled and maintained in one parcel of common ownership.
(Ord. 1988-233. Passed 1-19-89.)
1215.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.
The following schedule enumerates all of the permitted main (M), conditional (C) and accessory (A) buildings and uses which are permitted in the Planned Office District:
Schedule of Permitted Buildings and Uses
Permitted Buildings and Uses | Planned Office District |
(a) Institutional Uses. | |
(1) Public park, playground or other public recreation use | M |
(2) Church | M |
(3) Public or parochial school, and private or public college or university | M |
(4) Governmental buildings | C |
(Ord. 2003-139. Passed 7-17-03.) | |
(b) Offices. | |
Professional, financial, public utility, governmental, administrative and business offices (with no retail sales) | M |
(c) Other Business Uses. | |
(1) Training schools of a private technical or professional nature | M |
(2) Banks and financial institutions | M |
(3) Conference center | M |
(4) Licensed child day care center or preschool facility | |
(1) Groceries, food products, beverages | A(a) |
(2) Retail sales of merchandise | A(a) |
(3) Wearing apparel | A(a) |
(4) Household hardware and furnishings | A(a) |
(5) Furniture | A(a) |
(6) Sporting goods | A(a) |
(7) Electronic products | A(a) |
(8) Flowers, gifts and jewelry | A(a) |
(9) Serving and consumption of food and all beverages in the premises within enclosed building | A(a) |
(10) Pharmacy or drugstore | A |
(1) Beauty and Barber Shop | A |
(2) Shoe repair shop | A |
(3) Dry cleaning | A(a) |
(4) Photographic studio and cameras | A(a) |
(5) Gymnastics and fitness center | A(a) |
(6) Printing and copy center | A(a) |
(f) Other Accessory Buildings or Uses. | |
(1) Off-street parking and loading facilities | A |
(2) Signs as regulated in Chapter 1223 | A |
(3) One satellite receiving dish | A |
(4) Trash and material storage enclosed in main building or in approved structure (b) | A |
(a) All uses designated as A(a) are permitted only as allowed in Section 1215.04
which require minimum lot area and lot widths to permit the above uses. Such uses shall be accessory to and integrally with a permitted main building.
(b) All trash receptacles shall be located wholly within the main building or in an approved enclosure structure. An exterior trash enclosure shall be six feet in height with masonry walls on three sides with a solid gate(s) or door(s) on the fourth side. Enclosures shall be designed to be compatible and of the same material as the main building. Exterior enclosures shall be at least six feet from the main building and shall provide setback from property lines equal to or exceeding the required minimum for: loading areas. Where adjacent to residential districts or uses, its trash enclosure shall be screened with a landscape buffer approved by the Planning Commission.
(Ord. 1988-233. Passed 1-19-89; Ord. 2000-24. Passed 4-20-00.)
1215.04 SPECIAL LOT CONDITIONS.
Buildings may contain certain retail and service uses as identified in the Schedule of Uses in Section 1215.03(d) and (e) if the zoning lot containing the building or use is of adequate size and width.
(a) If a lot does not contain at least two acres of land and has at least 150 feet frontage on a public street, accessory or conditional uses as listed in Section 1215.03(d) and (e) cannot occupy the parcel.
(b) The schedule below establishes the maximum amount of gross floor area of an entire building that may be allocated to the combined floor area of all such uses.
Minimum Lot Area (acres) | Minimum Lot Width (feet) | Maximum Percentage % of Retail and Service Use (GFA) |
Less than 2 | Less than 150 | 0 |
2 | 150 | 10 |
4 | 300 | 20 |
8 | 400 | 30 |
12 | 500 | 40 |
(c) Accessory uses not identified as having to meet the special lot requirements are not included in calculating the maximum percentage of floor area.
(Ord. 1988-233. Passed 1-19-89.)
1215.05 SCHEDULE OF YARD REQUIREMENTS.
In the Planned Office District front, side or rear yards shall be as provided on every lot occupied by a main, conditional or accessory building or use in accordance with the following schedule:
Permitted Building or Use | Front Yard on Public Street | Side Yard Adjoins a Residential District | Side Yard Adjoins a Nonresidential District | Side Yard Abuts a Street or Corner Lot |
Permitted main, accessory conditional building or use | 80 | 40 | 20 | 60 |
Parking area | 30 | 30 | 10 | 30 |
Loading area | Not Permitted | 40 | 15 | 60 |
Permitted Building or Use | Rear Yard Adjoins a Residential District | Rear Yard Adjoins a Nonresidential District | Rear Yard Abuts a Public Street or Freeway | |
Permitted Main, Accessory Conditional Building or Use | 40 | 40 | 60 | |
Parking Area | 40 | 10 | 20 | |
Loading area | 40 | 15 | 60 | |
(a) Setback distances shall be measured from the planned right-of-way line.
(b) Buildings on the same lot shall be attached or separated by a distance of not less than forty feet.
(c) Required yards for parking area shall be landscaped and not used for a driveway except as required for access to a public street or as permitted by the Planning Commission.
(Ord. 1988-233. Passed 1-19-89.)
1215.06 LOT AREA WIDTH REQUIREMENTS.
Every lot occupied by a permitted main building or use in a Planned Office District shall comply with the requirements for lot area and width as follows:
(a) The minimum lot width shall be 150 feet measured at the building setback line. A lot of record at the effective date of this section with a lot width under the minimum may be developed with a permitted main use if:
(1) No other adjacent land is commonly owned; and
(2) All other standards can be met.
(b) The minimum lot area shall be one acre for all permitted main buildings and uses. A lot of record at the effective date of this section with a lot area under one acre may be developed with a permitted main use if:
(1) No other adjacent land is commonly owned; and
(2) If all other standards can be met.
(c) Any lot having a lot width of less than 150 feet of a lot area of under two acres shall not be permitted any conditional use or an accessory or conditional retail or business service use as listed in Section 1215.03
(d) and (e).
(Ord. 1988-233. Passed 1-19-89.)
1215.07 HEIGHT REGULATIONS.
Permitted buildings and uses in a Planned Office District shall not exceed the height regulations provided in the following schedule:
Lot Area (acres) | Building Height (feet) |
Under 2 | 35 |
2 to 8 | 50 (a) |
over 8 | 75 (a) |
(a) If a zoning lot in a Planned Office District is adjacent to a residential district, the maximum building height shall be thirty-five feet.
(b) Building height shall be measured along the front facade of the building facing the public street providing access.
(c) Chimneys, domes, skylights, antennas, enclosed mechanical penthouses, elevator penthouses, spires, ventilators or other decorative or necessary appurtenances may be erected above the height limit if such structures are:
(1) Not used for human occupancy;
(2) Integral and harmonious to the main building;
(3) Not exceeding ten feet in height above the roof of the building, and
(4) Screened with parapet walls, screen walls or roofs finished in a material compatible or similar to the exterior finish of the building.
(d) All buildings which have three or more stories or which exceed thirty-five feet in height shall be equipped with elevators.
(Ord. 1988-233. Passed 1-19-89.)
1215.08 LOT COVERAGE.
Buildings in a Planned Office District shall not exceed the percent of building coverage as specified below:
Lot Area (acres) | Number of Building Stories | Maximum Percent Lot Cover |
Under 2 | 1 or 2 | 15 |
Under 2 | 3 - 4 | 10 |
2 - 8 | 1 - 2 | 20 |
2 - 8 | 3 or more | 15 |
over 8 | 1 - 2 | 25 |
over 8 | 3 or more | 20 |
(Ord. 1988-233. Passed 1-19-89.)
1215.09 LANDSCAPE AND BUFFER REQUIREMENTS.
(a) The Planning Commission shall require planting and/or a fence or wall where necessary to protect residential districts adjacent to or across the street from a Planned Office District as provided in Chapter 1130. Such planting and/or fence or wall may extend into a front yard but shall not be planted or constructed within fifteen feet of the planned right of way.
(b) All yards not occupied by buildings or paving shall be landscaped or retained in a natural wooded state as approved by the Planning Commission. Development plans shall indicate the type, height and size of all landscape materials.
(c) In a Planned Office District, not less than twenty-five percent of the entire lot area shall be landscaped.
(d) Within the parking areas not less than five percent (5%) of the area shall be permanently landscaped so as to interrupt paved areas. Such areas shall be not less than ten feet in any dimension and shall be distributed throughout the parking areas so as to interrupt the paved area. This landscape requirement may be included in the total amount of landscaping required in subsection (c) hereof.
(e) All yards adjacent to public streets shall be landscaped. Rear or side yards adjacent to I-90 shall be landscaped and buffered as approved by the Planning Commission to screen parking areas.
(Ord. 1988-233. Passed 1-19-89.)
1215.10 DESIGN STANDARDS.
In Planned Office Districts the following design standards shall be applied to all developments:
(a) Sign regulations shall be as regulated in Chapter 1223 for Business Districts except that no pole signs shall be permitted.
(b) All wall or fascia signs of buildings on the same lot shall be uniform in size, design and color. Development plans for all multi-tenant buildings shall include signage design standards and criteria to regulate signage in addition to the requirements of Chapter 1223.
(c) All driveways and parking lots shall be curbed with barrier-type curbing extending six inches above the parking surface.
(d) All facades of buildings shall be faced with a finished building material such as brick, stone, glass or metal panels as approved by the Planning Commission.
(e) Developments with multiple buildings or those constructed in phases shall be similar and harmonious in design and exterior materials.
(Ord. 1988-233. Passed 1-19-89.)
1215.11 DEVELOPMENT PLANS.
Development plans are required for all development in the Planned Office District as regulated in Chapter 1220.
(Ord. 1988-233. Passed 1-19-89.)
1215.12 SATELLITE RECEIVING DISH.
A satellite receiving dish permitted as an accessory use shall be regulated under the requirements of Section 1216.12.
(Ord. 1989-39. Passed 5-4-89.)
1215.13 PARKING AND LOADING.
(a) Parking requirements for main office space shall use the following schedule:
Office Space | Minimum Parking |
First floor office under 10,000 square feet | 1 space per 200 square feet of floor area |
First floor office over 10,000 square feet | 50 spaces plus 1 space per 250 square feet of floor area |
All other offices above and below first floor | 1 space per 250 square feet |
(b) Parking requirements for accessory or conditional retail stores or services as permitted:
First floor under 4,000 square feet | 1 space per 150 square feet of gross floor area |
First floor over 4,000 square feet | 1 space per 200 square feet of gross floor area |
All other retail or services above and below the first floor | 1 space per 250 square feet of gross floor area |
All eating and drinking establishments | 1 space per 50 square feet of customer service or 1 space for each 2 seats whichever is greater |
(Ord. 1988-233. Passed 1-19-89.)
1215.14 MODIFICATIONS.
The Planning Commission and Council may approve modifications to the standards of this district under the procedures and requirements of Chapter 1220.
(Ord. 1988-233. Passed 1-19-89.)
1216.01 PURPOSE.
Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel/Motel Districts are established herein in order to achieve, among others, the following purposes:
(a) To provide in appropriate and convenient locations, zoning districts of sufficient size to serve and to promote the economic development of the community; more specifically:
(b) To provide Office Building Districts for both local and regional offices adjacent to business areas and accessible to residents and in which such uses are compatible with adjoining residential districts;
(c) To provide Executive Office Park Districts for offices located in a planned development of buildings on large parcels;
(d) To provide Shopping Center Districts of sufficient size and in highly accessible locations to encourage the development of planned, integrated shopping centers within the community;
(e) To provide General Business Districts in which individual businesses which supply convenience and shopping goods and services may locate;
(f) To provide Interchange Services Districts in convenient areas directly related to the freeway interchanges to serve the needs of through and local motorists;
(g) To provide Recreation Business Districts to serve the recreational needs of the public and to avoid establishing unrelated uses in other retail business districts;
(h) To provide Hotel/Motel Districts to serve the special and changing needs of the transient public.
(i) To protect adjacent residential and business properties by restricting the type of uses, particularly at the common boundaries, which would create hazards, noise, odors or other objectionable influences;
(j) To relieve traffic congestion on the streets by requiring off-street parking and loading facilities; and
(k) To promote the desirable and beneficial use of the land based upon the Guide Plan and directed to bring about eventual conformity with the Plan as it may be amended.
(Ord. 1986-121. Passed 9-4-86.)
1216.02 USE REGULATIONS.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel/Motel Districts only for the uses set forth in each district respectively, in the schedules and regulations of this Zoning Code.
(a) The main buildings and uses set forth in the Schedule, Section 1216.03
shall be permitted by right as the principal building or use of a zoning lot.
(b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirement or other features; they shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council according to procedures and standards set forth in Chapter 1227.
(c) The accessory buildings and uses set forth in the Schedule, Section 1216.03
, shall be permitted as a subordinate building or use, if they are planned and developed integrally therewith, clearly incident thereto, and located on the same zoning lot as the main building or use.
(d) Except as permitted in subsection (h) below, a building designed and constructed as a residence cannot be occupied, in whole or in part, by another use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan. The reconstruction shall be made to conform to all requirements of the Building Code pertaining to commercial structures.
(e) A lot occupied by a structure containing a dwelling unit shall not be occupied by any other main use permitted herein or an accessory use other than accessory to the dwelling.
(f) Dwellings of all types shall be prohibited in all Executive Office Park, Shopping Center, Interchange Services, Recreation Business and General Business Districts.
(g) Existing one- and two-family houses within a General Business District shall be construed as nonconforming uses, but may be continued, extended, altered, enlarged, relocated and maintained, subject to all lot area, building area, lot coverage and yard regulations of the nearest residential district.
(Ord. 1989-221. Passed 11-16-89.)
(h) A building which is an historic landmark of 100 years of age or older and certified as an historic building by the Westlake Historical Society and listed on the Ohio Historic Inventory, may be occupied and used for the uses permitted in the district in which the historic building is located, but is limited by the following schedule:
(1) Institutional uses limited to: church, library, museum or art gallery; public or quasi-public nonprofit recreation or community center;
(2) Office uses including: professional, financial, governmental, administrative, real estate and insurance offices;
(3) Service establishments limited to: beauty, barber and hair salons, photographic studios, and decorating shops;
(4) Sale, teaching or creation of: arts, crafts, antiques, flowers, gifts or jewelry; and
(5) Any other main use otherwise permitted in the zoning district in which the historic building is located may be permitted as a conditional use only.
Said historic building may be used without a redesign and reconstruction with regard to exterior design, and shall be renovated and preserved to its original design and materials in a manner necessary to comply with the life, health and safety ordinances of the City.
Interior building design and facilities, including entrance and exit, shall comply with the applicable Building Code requirements as per Part 13 of the Codified Ordinances. Site improvements shall comply with the applicable land improvement requirements and zoning requirements of Parts 11 and 12, respectively, including: drainage, parking and landscaping. Any conversion from residential use to business use or site improvements required by a change in use shall require the approval of a Development Plan as per Chapter 1220.
(Ord. 1996-177. Passed 11-7-96.)
1216.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.
The following schedule enumerates all main, conditional and accessory buildings and uses that are permitted in an Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel/Motel Districts.
Those buildings and uses that are permitted and regulated as main, conditional and accessory uses in these districts are designated as an “M”, “C” or “A”, respectively, placed opposite the use and in the column under the district.
Schedule of Permitted Buildings and Uses
District | |||||||
Permitted Buildings and Uses | Off. Bldg. | Exec. Off. Park | Shop. Cntr. | Gen. Bus. | Intch. Serv. | Rec. Bus. | Hotel/ Motel |
(a) Institutional Uses: | |||||||
(1) Park, playground or other public recreation use | M | M | M | M | M | M | |
(2) Church | M | M | M | M | M | M | |
(3) Public and parochial primary or secondary school and public and private college or university | M | C | M | M | M | M | |
(4) Public buildings; | |||||||
A. Police and fire stations, City Hall, Post Office | M | M | M | M | M | M | |
B. Library, museum and art gallery | M | M | M | M | |||
C. Public or quasi-public nonprofit recreation or community center | M | M | M | M | M | ||
D. Hospital or medial arts building | M | M | M | M | |||
(b) Offices: | |||||||
(1) Professional, financial, governmental, public utility, administrative sales | M | M | M | M | M | M | |
(2) Professional, financial, administrative and sales within the same building containing a main recreational business use specified in subsection (g) hereof | M | ||||||
(c) Retail sale in enclosed buildings: | |||||||
(1) Groceries, meats, fruits, vegetables | M | M | |||||
(2) All general merchandise, dry goods, notions | M | M | |||||
(3) Wearing apparel, shoes, hats | M | M | |||||
(4) Household hardware, wallpaper, paint | M | M | |||||
(5) Furniture, appliances, floor coverings | M | M | |||||
(6) Sporting goods | M | M | A | ||||
(7) Drugs, periodicals, tobacco | M | M | |||||
(8) Flowers, gifts, jewelry | M | M | |||||
(9) State liquor stores | M | M | |||||
(10) Large retail stores | C(l) | ||||||
(11) Bakeries, candy, bread, ice cream shops for retail sales | M | M | |||||
(d) Other Retail Sales Outlet: | |||||||
(1) Automotive service station for the sale of gasoline, oil and auto accessories; for auto lubrication, routine maintenance and minor repair work within enclosed buildings | M(h) | M(h) | |||||
Canopies over gasoline pumps | A | A | |||||
(2) Garage for the repair of automobile motors and bodies within a wholly enclosed building | M | M | |||||
(3) Sale of new automobiles and new car rental agency | C(a)(c)(t) | C(a)(c)(t) | |||||
(4) Second-hand automobile sales | A(b)(c)(t) | A(b)(c)(t) | |||||
(5) Sale of farm and garden supplies | C(t) | ||||||
(6) Camping trailer and boat sales | MC(t) | MC(t) | |||||
(7) Drive-in/drive-thru restaurant | Ci | Ci | |||||
(8) Automobile car wash | C | C | |||||
(9) Service of lawn and garden equipment entirely within enclosed buildings on the premises | M | ||||||
(10) Convenient food sales, not to exceed 1,000 square feet of sales floor within a building which may not exceed 3,000 square feet | A(m) | ||||||
(e) Service Establishments: | |||||||
(1) Beauty and barber shops | A(d) | M | M | ||||
(2) Laundry and/or dry cleaning agencies provided no work shall be done on the premises for other outlets; self-service laundry | M | M | |||||
(3) Shoe, hat repair shop | M | M | |||||
(4) Radio and television repair | M | M | |||||
(5) Photographic studios | A(d) | M | M | ||||
(6) Tin shop, plumbing shop, furnace repair shop, sign display or decorating shop | M | ||||||
(f) Recreational Uses: | |||||||
(1) Bowling alley | M | M | M | ||||
(2) Dance hall | M | ||||||
(3) Roller skating or ice skating rink | M | ||||||
(4) Swimming, tennis, bocce ball and volleyball | C | C | C | M | |||
(5) Golf driving range | C | M | |||||
(6) Par 3 or miniature golf course | C | M | A | M | |||
(7) Regulation golf course | M | ||||||
(8) Theater - indoor | M | C | M | ||||
(9) Gymnastics, gymnastics training school and fitness center | C | C | M(z)C(z) | C | M | ||
(10) Racquetball, handball and indoor tennis | C | C | C | M | |||
(11) Indoor Soccer Facility | C | M | |||||
(g) Other Business Uses: | |||||||
(1) Printing shop, newspaper printing establishment employing not more than five employees | M | ||||||
(2) Radio or television station | M | ||||||
(3) Pet shop, animal hospital and animal day care establishment provided noise and odors are effectively limited to the premises | C(y) | ||||||
(4) Bus station | M | ||||||
(5) Mortuary | M | ||||||
(6) Motel or hotel | M | M | |||||
(7) Heliport, helistop | C | ||||||
(8) Commercial or municipal parking facilities for licensed automobiles | A | A | A | M | M | A | |
(9) Training schools of a private, technical or professional nature | C | C | M | ||||
(10) Banks | C | C | M | M | M | ||
(11) Conference center | C | ||||||
(12) Printing and copy center | A(d) | M | M | ||||
(13) Nursery/landscaping | C | C(t) | |||||
(14) Extended Stay Hotel | M | ||||||
(15) Animal Hospital | C | ||||||
(16) Licensed child day care center, preschool facility or adult day care facility | |||||||
(17) (EDITOR'S NOTE: Former subsection (g)(17) was repealed by Ordinance 2003-26, passed April 17, 2003.) | |||||||
(18) Service and consumption of food and all beverages on the premises within an enclosed building on the premises | C(e) | M | M | M | M | ||
(19) Self service storage establishment | C(x) | ||||||
(20) Pharmaceutical Fulfillment Center | C | ||||||
(h) Accessory Uses Incidental to Permitted Buildings and Uses: | |||||||
(1) All storage shall be wholly enclosed within the main or other approved building | A | A | A | A | A | A | |
(2) Incinerator | A | A | A | A | A | A | |
(3) Restaurant and/or assembly room in connection with a motel or hotel | A | A | A | ||||
(4) Beauty and barber shop | A | A | A | A | |||
(5) Swimming pool and/or other recreational facility in connection with a motel or hotel | A | A | |||||
(6) Restaurant or snack bar wholly enclosed within and in connection with an office building, public building, or motel or hotel | A | A(d) | A | A | A | A | A |
(7) Pharmacy limited to the sale of pharmaceuticals and medical supplies and wholly enclosed within and in connection with a permitted main building or use | A | A(d) | A | A | |||
(8) Shoe repair | A | ||||||
(9) Copy centers | A | ||||||
(10) Gym and health facilities | A | ||||||
(11) Photo studios | A | ||||||
(12) Off-street parking and loading facilities as permitted and as regulated in Chapter 1221 | A | A | A | A | A | A | A |
(13) Signs as permitted and as regulated in Chapter 1223 | A | A | A | A | A | A | A |
(14) All accessory uses permitted within any residential district in connection with a permitted dwelling | A | ||||||
(15) One Satellite Receiving Dish | A(f) | A(f) | A(f) | A(f) | A(f) | A(f) | A(f) |
(16) Trash and material storage enclosed in main building or in an approved structure (j) | A | A | A | A | A | A | A |
(17) Drugs, periodicals, tobacco | A(d) | A | A | ||||
(18) Flowers, gifts, jewelry and notions | A(d) | A | |||||
(19) Outdoor retail sales of live plants, flowers and farm produce | A(q) | A(q) | |||||
(20) Outdoor sales of home garden materials, equipment and supplies | A(s) | A(s) | |||||
(21) Recreational facilities and mechanical amusement devices as an accessory use to a restaurant | A(u)(v) | A(u)(v) | A(u) | A(u)(v) | |||
(22) Sleep study laboratories operated by a licensed medical facility in an extended stay hotel | A | ||||||
Outdoor dining facility type 1 | A(aa) | A(aa) | A(aa) | A(aa) | A(aa) | A(aa) | A(aa) |
Outdoor dining facility type 2 | C(bb) | C(bb) | C(bb) | C(bb) | C(bb) | C(bb) | C(bb) |
(Ord. 1989-134. Passed 6-15-89; Ord. 1993-76. Passed 7-15-93; Ord. 1993-77. Passed 7-15-93; Ord. 1993-138. Passed 12-2-93; Ord. 1995-40. Passed 4-20-95; Ord. 1995-43. Passed 5-4-95; Ord. 1996-18. Passed 7-9-96; Ord. 1996-155. Passed 11-7-96; Ord. 1997-33. Passed 6-19-97; Ord. 1997-76. Passed 5-15-97; Ord. 1997-127. Passed 9-4-97; Ord. 1997-247. Passed 2-19-98; Ord. 1998-238. Passed 1-7-99; Ord. 1999-142. Passed 10-21-99; Ord. 1999-176. Passed 12- 16-99; Ord. 1999-205. Passed 4-20-00; Ord. 2000-60. Passed 6-15-00; Ord. 2000-155. Passed 2-15-01; Ord. 2001-86. Passed 9-6-01; Ord. 2002-162. Passed 12-19-02; Ord. 2003-238. Passed 2-20-04; Ord. 2003-243. Passed 2-19-04; Ord. 2009-138. Passed 6-17-10; Ord. 2013-12. Passed 2-21-13; Ord. 2013-14, Passed 3-21-13; Ord. 2015-76. Passed 6-18-15; Ord. 2015-156. Passed 1-21-16; Ord. 2016-68. Passed 9-1-16;
Ord. 2017-54. Passed 7-6-17;
Ord. 2018-71. Passed 9-6-18; Ord. 2023-15. Passed 1-4-24.)
(a) Sale of new automobiles and new car rental agency means a building and land used by a franchised automobile dealer or an automobile rental agency principally for the sale or rental of new automobiles and sale of new trucks not exceeding one ton rated capacity. A new automobile rental agency shall be permitted to rent automobiles as a conditional accessory use to a hotel/motel in an Interchange Services District, but parking for new automobile rental at main hotel/motel use shall not exceed 5% of the parking spaces on the parcel and is limited to hotels that are combined with assembly rooms or restaurants on 4.5 acres or more. Service garage, body shop, leasing department and other activities customarily incidental to a full service franchised automobile dealer are permitted accessory uses to such a full service franchised automobile dealer only, provided these uses are in the same building as the new car salesroom. All body work shall be performed in a soundproof portion of the building. (Ord. 2012-70. Passed 10-4-12.)
(b) Sale of used automobiles and trucks not exceeding one ton rated capacity provided such accessory use is incidental only to franchised new automobile dealership and the sale and storage of such vehicles is on the same lot to the main new automobile dealership. (Ord. 1995-40. Passed 4-20-95.)
(c) Exterior Lighting - lighting fixtures for outdoor display of vehicles shall be in accordance with Section 1230.03.
Offices for any use shall be permitted only in the main building.
No public address system shall be used or installed for use outside of any building. Only one building shall be permitted on a lot. Separate buildings for various activities associated with the sale of new automobiles shall be prohibited.
(Ord. 1989-134. Passed 6-15-89.)
(d) Retail and service uses permitted as Accessory Uses in an Executive Office Park District shall be limited to not more than 10% of the ground floor area of an office building. Such accessory uses shall be located on the ground floor of that permitted building. Access to permitted accessory uses shall be through the principal means of egress to the main building.
(e) A restaurant may be permitted with a Conditional Use Permit within an office building in the Executive Office Park District and shall comply with the following regulations:
(1) Conditional restaurant shall be wholly enclosed within and incidental to an office building.
(2) Conditional restaurant floor area shall be no more than 25% of the ground floor area and no more than 10% of the entire office building floor area in which it is located.
(3) Conditional restaurants shall have a main entrance through the principal means of egress to the main building and may have a second entrance for patron use which must face a major arterial or state highway.
(4) All portions of the conditional restaurant including its delivery and trash areas shall be located within 300 feet of a major arterial or state highway and the parcel shall have frontage on and all vehicle access onto said major arterial or state highway.
(5) Such other requirements as may be imposed by the Planning Commission or Council. (Ord. 1997-127. Passed 9-4-97.)
(g) (EDITOR'S NOTE: Former footnote (g) was repealed by Ordinance 2015-76.)
(h) The sale of alcoholic beverages at service stations is prohibited.
(Ord. 1989-134. Passed 6-15-89.)
(Ord. 1989-134. Passed 6-15-89.)
(i) In addition to the general conditions under Section 1227.03, the following conditions shall apply to drive-in/drive-thru restaurant facilities:
(1) A parcel proposed for a drive-in/drive-thru restaurant food service facility shall not abut any residential district and/or use unless it meets the following requirements:
A. It is located within a shopping center on a parcel greater than 15 acres; and
B. The restaurant, food service window, outside ordering station (speaker, menu board, clearance bar), and/or stacking lane are located no closer than 250 linear feet to any residential property line.
(2) Drive-in/drive-thru restaurant facilities shall provide a six-foot high fence and/or a minimum of twenty feet of landscaping buffer along the side and rear of the parcel containing such facility.
(3) Drive-in/drive-thru facilities including signs, speakers and order windows shall not be located in any required side, rear or front yard.
(4) A drive-in/drive-thru restaurant food service shall be located on a parcel not less than 2.5 acres per each building containing a drive-in/drive-thru restaurant in addition to any acreage requirement for other building or use on the same parcel.
(5) A separate driveway for automobile stacking shall be provided for not less than six vehicles in front of each order window or remote station such as a speaker. Stacking lanes shall not be located within the required parking and/or loading setback and shall not occupy any area needed to access any parking spaces.
(6) No off-site or on-street stacking of vehicles shall be permitted. In the event that a drive-in/drive-thru facility causes vehicles to back up onto a public road, such drive-in/drive-thru facility shall provide additional stacking lanes or discontinue the drive-in/drive-thru facility.
(7) (EDITOR’S NOTE: Former subsection (7) was repealed by Ordinance 2020-146, passed February 3, 2022.)
(8) Drive-in/drive-thru facilities shall be designed to provide safe and separate on-site pedestrian circulation between parking spaces and building entrances.
(9) All exterior faces of the building shall be of an approved finish material as per Section 1361.02 of the Building Code.
(10) Parking shall be set back at least fifty feet from the planned right of way where abutting a public street or private drive.
(Ord. 2018-71. Passed 9-20-18.)
(j) All trash receptacles shall be located wholly within the main building or in an approved enclosure structure. Exterior trash enclosures shall be six feet in height with masonry walls on three sides with a solid gate or door on the fourth side. Enclosures shall be designed to be compatible in design and material as the main building. Exterior enclosures shall be at least six feet from the main building and provide a setback from property lines equal to the required loading area setback. Where adjacent to residential districts, trash enclosures shall be further screened with a landscape buffer approved by the Planning Commission.
(Ord. 1989-134. Passed 6-15-89.)
(k) (EDITOR’S NOTE: Former subsection (k) was repealed by Ordinance 2017-54, passed July 6, 2017.)
(l) In addition to the general conditions of Section 1227.03
, the following conditions shall apply to large retail stores:
(1) The parcel proposed for large retail stores shall not be less than twenty acres;
(2) The parcel shall have at least 300 feet of frontage;
(3) All access shall be onto the following major arterial streets: Columbia Road, Detroit Road, Sperry Road or Crocker Road;
(4) All uses and storage, except for parking and approved signs shall be in wholly enclosed buildings; and
(5) The entire parcel shall be within one-half mile of an interstate freeway ramp. (Ord. 1993-77. Passed 7-15-93.)
(m) Convenient food sales of subsection (d)(10) hereof is only a permitted accessory use to an automotive service station as set forth in subsection (d)(1) hereof.
(Ord. 1995-43. Passed 5-4-95.)
(n) (EDITOR’S NOTE: Former subsection (n) was repealed by Ordinance 2017-54, passed July 6, 2017.)
(o) (EDITOR’S NOTE: Former subsection (o) was repealed by Ordinance 2017-54, passed July 6, 2017.)
(p) (EDITOR’S NOTE: Former subsection (p) was repealed by Ordinance 2003-26, passed April 17, 2003.)
(q) Seasonal outdoor retail sales of live plants, flowers and farm produce only shall be permitted as an accessory use to a permitted main use within a Shopping Center or General Business District, and a temporary permit shall be issued by the Director of Inspections after written application by the proprietor of the tenant space upon the following conditions:
(1) The written application by the proprietor of the tenant space shall be accompanied by an application fee of one hundred dollars ($100.00).
(2) No permit shall be issued for seasonal sales of the permitted items for a period exceeding thirty consecutive days which permit shall be conspicuously posted.
(3) No such seasonal permits shall be issued to any one applicant or to the same premises so that the total days for such permit would exceed ninety days in any calendar year.
(4) The permit shall define the area which shall only be in the front of the tenant space to be used for such temporary sales and shall be designed so as to set aside at least sixty inches of unoccupied space to provide adequate passage for pedestrians, the handicapped, bicycles, onlookers and passersby and there will be no blocking of ingress and egress, passageways, fire lanes, driveways or parking spaces.
(5) The space for such temporary sales shall provide adequate lighting and be designed in such a manner that the safety of onlookers, customers, pedestrians and passersby is ensured.
(6) The area devoted to such temporary sales shall be kept free of litter and debris and shall be restored to its original condition as before the temporary sales period use was placed thereon.
(Ord. 1999-142. Passed 10-21-99.)
(r) Indoor theaters shall meet the following minimum site standards: minimum lot area of eight acres; minimum lot width of 300 feet; minimum yard setbacks no less than required for a hotel in an Interchange Services District, and a maximum lot coverage of fifteen percent (15%).
(Ord. 1999-176. Passed 12-16-99.)
(s) Accessory outdoor sales of home garden materials, supplies and equipment shall meet the following standards in Shopping Center and General Business Districts:
(1) There shall be no bulk storage, sale or display of garden or landscaping materials except in packaged form in containers ready for retail sale to the general public.
(2) The area shall have appropriate masonry brick, split face block or other finished wall and decorative fencing or other separation from parking, walkways and other areas used by the general public. Such wall separation shall be at least ten feet in height and no more than fifteen feet in height and no material, supplies or equipment shall be stacked within the designated area to a height greater than the wall or separation and no materials, supplies or equipment shall be displayed or sold outside of the designated area.
(3) The total area for such sales shall not exceed fifteen percent (15%) of the gross area of the building occupied by the applicant, as defined in Section 1203.04(e), of the applicant’s main use. The total area for such use shall be included in the total area permitted to be occupied by the applicant in accordance with this Code as defined in Section 1216.14 and/or 1203.18(s).
(4) The area for outside sales shall not encroach on any building setbacks, shall be kept free of litter and debris and shall be at all times maintained in such a manner as to ensure the safety of onlookers, pedestrians, customers and passersby. (Ord. 1999-205. Passed 4-20-00.)
(t) The provisions of Section 1216.14(b) shall only apply to the building floor areas. In addition to the general standards of Section 1227.03(b), the outdoor sales, storing or display of products and material shall maintain the front, side and rear setbacks required for buildings in the same district. The outdoor display or storage of products including new and used vehicles, boats, trailers, farm and garden equipment and supplies shall be screened and buffered from view from any adjacent property and/or public street, including I-90 and in accordance with the requirements established in these Codified Ordinances.
(Ord. 2000-60. Passed 6-15-00.)
(u) The accessory use for amusement devices shall be limited to the area defined by the Ohio Department of Liquor Control as a permit premises for the purpose of on premises consumption of alcoholic beverages and all such amusement devices must be contained within that defined permit premises.
(v) The total area for such use shall not exceed ten percent (10%) of the customer service area. (Ord. 2000-155. Passed 2-15-01.)
(x) Self service storage establishments shall not be permitted in General Business Districts unless such proposed use shall meet the following conditions, requirements and standards:
(1) Council must determine that a unique topographical feature exists which creates a situation where such use would have minimal negative impact on abutting properties.
(2) Such use shall be fully enclosed and located below a building containing a use permitted in General Business Districts or totally located below surface parking.
(3) The proposed location of garage or overhead doors for vehicle access or user access shall be the minimum number possible to effectively use the facility and shall not be located so as to have a significant impact upon abutting properties. Individual units in the self service storage establishment shall have access only from the interior of the building and no such units shall have access doors to permit access to units from the exterior of the building.
(4) The self service storage establishment shall provide interior driveway circulation for vehicles to access storage units in a safe manner.
(5) The self service storage establishment shall be fully sprinkled, contain proper ventilation and other necessary safety monitors and shall meet all other Code requirements for such facility including Westlake Codified Ordinances, the Ohio Revised Code and any national building codes or standards adopted by the City.
(6) The exterior of the self service storage establishment shall be the same exterior finish as the main building structure. The storage area shall contain a minimum of 10,000 square feet in total area.
(7) No outside storage of any sort shall be allowed except as permitted as an accessory use to the main use of the building.
(Ord. 2002-162. Passed 12-19-02.)
(y) (1) All boarding of animals shall be within an enclosed building;
(2) Any outdoor exercise area shall be fenced and located outside any building setback for the District and not be located in the front yard;
(3) All noise and odors shall be confined to within the enclosed building such that no disturbance is made to any adjoining property owner or resident; and
(4) Domestic animal boarding is limited to common household pets. Wild, dangerous and/or undomesticated animals as defined in Section 505.20
shall not be permitted.
(Ord. 2003-243. Passed 2-19-04.)
(Ord. 2003-243. Passed 2-19-04.)
(z) Tenants of this type of use occupying 5,000 square feet or less of gross leasable area shall be permitted as a main use. Those occupying over 5,000 square feet of gross leasable area will require a Conditional Use Permit.
(Ord. 2013-14. Passed 3-21-13.)
(Ord. 2013-14. Passed 3-21-13.)
(aa) Outdoor dining facilities that do not offer entertainment or are not on a parcel abutting a R-lF-80 use or district are type 1 and are permitted accessory uses subject to Chapter 707 and Section 1226.04. If the Planning Director deems the proposal to be for a type 1 facility with minor improvements, it may be approved administratively; otherwise, Planning Commission approval is required.
(bb) Outdoor dining facilities that offer entertainment, or are on a parcel abutting a R-lF-80 use or district are type 2, require a conditional use permit, are subject to Chapter 707 and Section 1226.04, and require Planning Commission approval with public notice in accordance with Section 1220.03(1).
(Ord. 2023-15. Passed 1-4-24.)
1216.04 LOT AREA REGULATIONS.
Every lot occupied by a main building or use in an Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business or Hotel/Motel District shall comply with the requirements of lot area as indicated in the following schedule:
Schedule of Minimum Lot Area Requirements
District | Main Building or Use | Lot Area - Minimum Acres |
Office Building | Any permitted use | (a) 1 acre |
Executive Office Park | Any permitted use | 4.0 acres (c) |
Shopping Center | Large retail store | 20 acres |
Drive-in/drive-thru Restaurant | 2.5 acres | |
Any other permitted use | 3 acres | |
General Business | Service Station | 1.5 acres |
Automatic car wash | 1 acre (b) | |
Any other permitted use | 1 acre | |
New car franchise dealers (conditional use) | 4.0 | |
Interchange Services | Service station | 1.5 acres |
Auto garage | 1.5 | |
Service station with garage | 2.0 | |
Hotel or motel (separate) | 3.0 | |
Hotel or motel (combined with eating, assembly or recreation uses) | 4.5 | |
Restaurant (separate) | 2.0 | |
Office building | 2.0 | |
New car franchise dealer (conditional use) | 4.0 | |
Drive-in/drive-thru Restaurant | 2.5 | |
Recreation Business | Any permitted use | 1.0 |
Hotel/Motel | Hotel or Motel or Extended Stay Hotel (separate) | 3.0 |
Hotel or Motel or Extended Stay Hotel (combined with eating, assembly or recreation uses) | 4.5 | |
(a) A lot not meeting the minimum lot area may be developed if:
(1) It was a lot of record at the time of the Zoning Amendment (1987-220), and
(2) No adjacent land is commonly owned, and
(3) All other standards can be met.
(b) Provided it is demonstrated on the development plan that an area is shown for temporary storage of not less than twenty automobiles in waiting lanes.
(c) The minimum development area, i.e., the minimum area zoned for Executive Office Park District, shall be not less than 12 contiguous acres under common ownership or control. Upon recommendation of the Planning Commission and approval by Council, a site of less than 12 acres if found to be suitable for an Executive Office Park District because of location, configuration, surrounding uses or other similar conditions may be zoned Executive Office Park District. Further, upon recommendation of the Planning Commission and approval by Council, a lot of less than 4 acres may be approved for development within an Executive Office Park District if the developer submits to the Planning Commission with his development plans as required under Chapter 1220, a plan as required under Section 1125.07
.
(d) The lot area upon which a motel-hotel or extended stay hotel is situated shall be not less than set forth in the above schedule or not less than 1500 square feet of lot area for each lodging unit, whichever is greater. Each lodging unit shall contain at least 275 square feet of floor area and except in the case of an extended stay hotel shall not contain cooking facilities. For purposes of determining compliance with this section, the number of lodging units shall equal the number of bedrooms within the development. (Ord. 1987-220. Passed 3-17-88; Ord. 1993-73. Passed 7-15-93; Ord. 1997-246. Passed 2-19-98; Ord. 2000-152. Passed 11-16-00; Ord. 2018-71. Passed 9-6-18.)
1216.05 LOT WIDTH REGULATIONS.
Every lot in an Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business or Hotel/Motel District occupied by a main building or use shall have a minimum lot width not less than the standard set forth in the following schedule:
Schedule of Minimum Lot Width Requirements
District | Main Building or Use | Lot Width - Minimum (ft.) |
Office Building | Any permitted use | 150 |
Executive Office Park | Any permitted use | 300 |
Shopping Center | Any permitted use | 300 |
Drive-in/drive-thru Restaurant | 250 | |
General Business | Service station | 150(a) |
Automatic car wash | 100 | |
Any other permitted use | 150 | |
New car franchise dealers (conditional use) | 300 | |
Interchange Services | Service station | 200 |
Auto garage | 200 | |
Service station with garage | 250 | |
Hotel or motel (separate) | 200 | |
Hotel or motel (combined with eating, assembly, recreation uses) | 300 | |
Restaurant (separate) | 200 | |
Office building | 200 | |
New car franchise dealers (conditional use) | 300 | |
Drive-in/drive-thru Restaurant | 250 | |
Recreation Business | Any permitted use | 150 |
Hotel/Motel | Hotel or Motel or Extended Stay Hotel Separate | 200 |
Hotel or Motel or Extended Stay Hotel (combined with eating, assembly recreation uses) | 300 | |
(a) In a General Business District, all gasoline stations shall have not less than 150 feet frontage on each of two intersecting streets.
(b) (1) Except for parcels of land consisting of no less than fifteen (15) contiguous acres located in Interchange Services District the main buildings and uses set forth in the schedule of Buildings and Uses, Section 1216.03
, shall be located on such zoning lot having access to and frontage on a dedicated public street. Such public street shall contain utilities required to serve the proposed development or the utilities shall be available to the lot through an established easement. Such access and frontage shall be not less than 100 feet as measured at the public street line unless otherwise approved by the Planning Commission and Council.
(2) In Interchange Services Zoning Districts for parcels of land consisting of no less than fifteen (15) contiguous acres private streets are acceptable in lieu of a right of way dedicated for use by the public, if the applicant agrees that the new lots will be subject to all zoning and development ordinances, standards and regulations and agrees to maintain said private streets. The area of the private street will be deducted from the overall development area in the calculation of any maximum lot coverage, density, or landscaping, but will be included as part of the physical limits of one or multiple lots that make up the subdivision and will include access easements for the City and the public onto the private street to adjacent lots.
(Ord. 2010-76. Passed 9-2-10.)
(c) Access to public streets within 600 feet of freeway ramps and within 400 feet of the following major street intersections shall be controlled in the interest of public safety and reasonable access:
(I-90 & Crocker, I-90 & Columbia, I-90 & Clague, Detroit & Clague, Detroit & Columbia, Detroit & Canterbury, Detroit & Dover, Detroit and Bassett, Detroit & Crocker, Detroit and Bradley, Center Ridge & Bradley, Center Ridge & Dover Center, Center Ridge & Canterbury, Center Ridge & Columbia, Center Ridge & Clague and Crocker Road & Center Ridge Road). Developments within 1,000 feet of the above streets intersections shall be planned so that the first driveway or access street shall be not less than 600 feet from the interchange ramp centerline or 400 feet from the arterial interchange centerlines. Access to parcels within this frontage may be accomplished by marginal service roads, parallel service roads, combined or shared access drives, driveway connections between properties or other approved facilities. The Planning Commission may require driveway connections serving adjacent parcels within 1,000 feet of the above intersection to accomplish these objectives. Whenever is it not feasible to provide such facilities, the Planning Commission may approve temporary access at lesser distances, provided the development and future facilities are planned to meet the objectives of this section. (Ord. 2009-70. Passed 9-3-09.)
(d) A lot or parcel not meeting the minimum lot width in the Office Building, Shopping Center or General Business Districts may be developed if:
(1) It was a lot of record at the effective date of the Zoning Amendment 1987- 221, and
(2) No adjacent land is commonly owned, and
(3) All other standards of this section can be met.
(Ord. 1987-221. Passed 3-17-88; Ord. 1997-246. Passed 2-19-98; Ord. 2018-71. Passed 9-6-18.)
1216.06 YARD REGULATIONS.
In Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel-Motel Districts, front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use in accordance with the following schedule:
Schedule of Minimum Yard Dimensions (in feet)
Front Yd. | Side Yd. (h) | Rear Yd. (h) | ||||||
Dist. | Permitted Bldg. or Use | Lot Abuts Maj. St. (a) | Lot Abuts Sec. St. (a) | Lot Adjoins Res. Dist. | Lot Adjoins Non Res. Dist. | Lot Abuts A Street (corner lot) | Lot Adjoins Res. Dist. | Lot Adjoins Non Res. Dist. |
Office Bldg. | Dwelling | Same as in a R-MF-24 District | ||||||
Office, Public Buidling and all other uses except hospital | 60 | 40 | 40(d) | 15(c) | 40 | 40(d) | 40 | |
Hospital | 75 | 75 | 40 | 40 | 75 | 40 | 40 | |
Parking | 30 | 30 | 20 | 10 | 20 | 30 | 10 | |
Exec. Office Park (c) | Any permitted main bldg. or use above ground | 80 plus bldg. ht. 100 min. | 80 plus bldg. ht. 100 min. | 80 plus bldg. ht. 100 min. | 25 plus 1/2 bldg. ht. 40 min. | 100 | 80 plus bldg. ht. 100 min. | 25 plus 1/2 bldg. ht. 40 min. |
parking structure | ||||||||
Parking Area | 100 | 100 | 80 | 25 | 100 | 80 | 25 | |
Private street | NA | NA | 80 | 25 | NA | 80 | 25 | |
Loading area | NP | NP | 80 | 50 | 100 | 80 | 50 | |
Shopping Center | Any permitted main building or use | 100 | 100 | 100 | 20(c) | 100 | 100 | 20 |
Parking area | 30 | 30 | 30 | 10 | 20 | 40 | 10 | |
Loading area | NP | NP | 50 | 15 | 50 | 50 | 15 | |
Gen. Bus. | Automobile Service Station accessory use (g) | 60(b) | 60(b) | 60 | 10 | 60 | 60 | 30 |
(1) | All ohter main and accessory buildings and uses | 60 | 60 | 60 | 10(c) | 60 | 60 | 10 |
Parking area | 20 | 20 | 60 | 10 | 20 | 60 | 10 | |
Loading area | NP | NP | 60 | 15 | 50 | 60 | 15 | |
Inter- change Services | Service station or garage accessory use (g) | 70(b) | 50(b) | 50 | 30 | 50 | 120 | 30 |
Hotel, motel | 110 | 60 | 60 | 30 | 60 | 120 | 30 | |
All other permitted main uses | 80 | 60 | 60 | 30 | 50 | 80 | 30 | |
Parking area | 40 | 40 | 40 | 15 | 40 | 40 | 15 | |
Recreation Business | Any permitted main building or use | 100 | 100 | 100 | 20 | 100 | 100 | 20 |
Parking area | 40 | 40 | 30 | 10 | 20 | 40 | 10 | |
Hotel- Motel or Extended Stay Hotel | 110 | 60 | 60 | 30 | 60 | 120 | 30 | |
Parking Area | 40 | 40 | 40 | 15 | 40 | 40 | 15 | |
NA - Not applicable; NP - Not permitted.
(a) Distance shall be measured to the planned right-of-way line.
(b) Gasoline pumps at an automobile service station may be erected in front of the main building setback line, but not closer than twenty-five feet to the planned right- of-way line.
(c) In Office Building, Shopping Center and General Business Districts where an office or business building, other than an automobile service station, is planned adjacent to another office or business building, the buildings shall either be attached or shall be located not less than the required distances from the lot line.
(Note: It is the legislative intent that the situation described above will only occur when a developer who owns two contiguous parcels is phasing the construction of a building to be situated on both parcels and the first phase is completed on or near the lot line between the two parcels. The other situation which the legislative body contemplates which may be permitted under these circumstances would be where two different owners of adjacent properties simultaneously construct buildings on both properties which by way of common development plan could abut at the lot line.)
(d) For buildings more than thirty feet in height, side and/or rear yards adjacent to residential districts shall be increased two feet for each foot in height above thirty feet.
(e) In Executive Office Park Districts buildings on the same lot shall be separated by a distance equal to not less than one-half the height of the buildings but in no case shall the distance be less than fifty feet. The yards between the buildings shall be landscaped but may include a drive not less than twenty-four feet wide. Parking may be permitted between buildings, however, the distance between the buildings shall be increased twenty feet for each parking bay. The minimum distance between buildings on the same lot may be reduced to thirty-five feet if the buildings are connected by a walkway or skyway above the first floor. An emergency access drive may be permitted within the required space. No loading areas (docks), garbage and trash containers shall be visible from adjacent lots. Buildings and accessory parking areas shall be located not less than thirty-five feet from the edge of the pavement of a private street.
(f) All private roadways in an Executive Park District shall be improved in accordance with the requirements of Section 1129.08.
(g) (1) Service stations existing and operating as of June 1, 1981, shall be permitted to construct canopies over the pump islands in front of the main building setback line or the side yard setback line but the canopy shall not extend more than ten feet beyond the row of pumps nearest a public right of way but in no case shall the canopy extend over an existing right of way.
In the event a canopy is erected over a planned right of way and it becomes necessary to expand the existing right of way, the owner of the canopy shall be required to remove that part of the canopy which would then encroach on the expanded existing right of way.
(2) New service stations and rebuilt service stations (a rebuilt station is defined as one in existence as of June 1, 1981, but not in operation on June 1, 1981, or thereafter) shall be permitted to construct canopies over the pump islands in front of the main building setback line or the side yard setback line but the canopy shall extend no closer than twenty feet from the planned right of way.
(h) Required side and rear yards for parking areas shall be landscaped and not used for driveways except as permitted by the Planning Commission to connect adjacent parking areas.
The Planning Commission shall require planting and/or a fence or wall where necessary, to protect residential districts adjacent to or across the street from a business district as provided in Chapter 1130. Such planting and/or fence or wall may extend into a front yard but shall not be planted or constructed within fifteen feet of the planned right of way.
(Ord. 1987-222. Passed 3-17-88; Ord. 1997-246. Passed 2-19-98; Ord. 2000-88. Passed 9-21- 00.)
1216.07 LOT COVERAGE REGULATIONS.
Every lot occupied by a main building or use in an Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business or Hotel/Motel District, shall comply with the requirements of percentage of lot coverage as indicated in the following schedule:
Schedule of Lot Coverage Regulations
District | Permitted Main Buidling or Use | Lot Coverage - Maximum % of Total Area |
Office Building | Any permitted use | |
1 story - 25% | ||
2 story - 20% | ||
3-4 - story - 15% | ||
Executive Office Park | Any permitted use determined by building height as follows: | (a) (b) |
6 story - 15 | ||
5 story - 17 | ||
4 story - 19 | ||
3 story - 21 | ||
1 or 2 story - 23 | ||
Shopping Center | Any permitted use | 20 |
General Business | Service Station | 20 |
Any other permitted use | 20 | |
New car franchise dealers (conditional use) | 20 | |
Interchange Services | Service station | 15 |
Auto garage | 20 | |
Service station with garage | 20 | |
Hotel or motel (separate) | 15 | |
Hotel or motel (combined with eating, assembly, recreation) | 17 | |
Restaurant (separate) | 15 | |
Office Building | 20 | |
New car franchise dealers (conditional use) | 20 | |
Recreation District | 15 | |
Hotel - Motel | Hotel or Motel or Extended Stay Hotel (separate) | 15 |
Hotel or Motel or Extended Stay Hotel (combined with eating, assembly, recreation) | 17 | |
(a) In an Executive Office Park District, the minimum ground floor area of any building shall be not less than 10,000 square feet; except as permitted below:
(1) Up to two additional free-standing buildings may be permitted when special enhancements to the site and surroundings are provided for, which may include but are not limited to the following:
•High quality urban design;
•High quality architectural design;
•Significant gateway design at key entrance intersections; and/or
•Superior landscaping.
A. General regulations for additional free-standing buildings:
(i) Each building shall have less than 10,000 square feet of ground floor area, but not less than 2,500 square feet of ground floor area.
(ii) The Main office building, having not less than 10,000 square feet of ground floor area and not less than 50,000 square feet total office floor area, shall exist or be constructed at the same time as the additional free-standing building.
(iii) The subject parcel of the Main office building shall be at least 10 acres and all buildings and parking on the parcel shall meet the required setbacks of the District.
(iv) The uses permitted in any additional free-standing building shall be limited only to Main or Conditional Uses and shall not include retail, service, or restaurant uses as referenced in Section 1216.03, footnotes (d) and (e).
(v) Additional free standing buildings, and associated parking and grounds, shall incorporate high-quality urban design including:
a. Architecture. Buildings shall be designed to complement other Main and additional free-standing buildings on the parcel, in accordance with the requirements of Section 1237.04, Design Review Guidelines and the following:
i. Height. The minimum height shall average 30'.
ii. Facades. Buildings on prominent corners shall have two primary facades.
b. Landscaping. Landscaping shall be provided for a minimum thirty percent (30%) of the designated area for the additional free standing building and its parking lot and shall be in accordance with Section 1137.05, Tree Preservation.
c. On-site circulation. Safe and convenient vehicular and pedestrian circulation shall be provided.
e. Trash Storage. Trash storage shall be screened in accordance with Section 1211.31 unless the Planning Commission determines that trash shall be stored within the building.
f. Driveways. Driveway and driveway entrance(s) shall meet or, when necessary to facilitate traffic flow and/or safety, exceed the distance separation required by Section 1221.11.
(b) In an Executive Office Park District, the area used for parking and entrance, exit and internal roads shall not exceed fifty-five percent (55%) of the area of the lot not occupied by the building (the building foot print). The balance of the lot not occupied by the building and the parking and road area shall be landscaped. It may be possible that the parking and road area may occupy less than fifty-five percent (55%) of the lot remaining after deducting the building foot print, thereby creating an undeveloped area of more than forty-percent (40%) of the lot after deducting the building foot print but it is the intent that this entire area be landscaped.
All portions of a lot not occupied by permitted main and accessory buildings and uses shall be landscaped with appropriate ground cover or other plantings. In Interchange Service Districts that are occupied by a hotel or motel or in a Hotel/Motel District, the area that has to be landscaped shall be not less than twenty-five percent (25%) of the entire lot area. In all other districts, not less than twenty-five percent (25%) of the entire area shall be landscaped.
In all business districts not less than five percent (5%) of the land area within the parking areas, in addition to and not including the above required landscaped areas and in addition to all required side yards, shall be permanently reserved for and developed in planting areas. Such areas shall be not less than ten feet in any dimension and distributed throughout the parking area so as to interrupt the vast expanse of pavement.
(Ord. 1987-223. Passed 3-18-88; Ord. 1997-246. Passed 2-19-98; Ord. 2008-28. Passed 10-16-08; Ord. 2009-20. Passed 5-7-09; Ord. 2013-128. Passed 12-19-13.)
1216.08 HEIGHT REGULATIONS.
Permitted buildings and uses in Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business or Hotel-Motel Districts, shall not exceed the height regulations provided in the following schedule:
Schedule of Building Height Regulations | ||
District | Number of Feet (Maximum) | Number of Story (Maximum) |
Office Building | 50 | |
Executive Office Park | 75 | 6 |
Shopping Center | 50 | |
General Business | 50 | |
Interchange Services | 60 | |
Recreation Business | 35 | |
Hotel-Motel | 60 | |
(Ord. 1986-128. Passed 9-4-86.)
1216.09 SUPPLEMENTARY HEIGHT REGULATIONS.
(a) Within any business district, chimneys, domes, elevator penthouses, skylights, spires, ventilators or other necessary appurtenant features usually carried above roofs of structures permitted in each respective district, when erected upon and as an integral part of a building, and if such structures are not used for human occupancy, may be erected above the height limit specified in the Schedule of Building Height Regulations in Section 1216.08, but in no case shall such feature exceed ten feet above the maximum height permitted in the District.
(1) The height from the base of such structure, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line.
(Ord. 2007-82. Passed 6-21-07.)
(c) All buildings in any Business District which have four or more stories or which exceed thirty-five feet in height shall be fully equipped with elevators.
(Ord. 1969-169. Passed 7-16-70; Ord. 2003-26. Passed 4-17-03.)
1216.10 ACCESS TO AUTOMOBILE SERVICE STATIONS.
In an Interchange Services or General Business District, all driveways, platforms and curbs of gasoline service stations, whether located on a City street, County road or State highway, shall be in accord with "Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways Under State Jurisdiction in Ohio: adopted by the Ohio Department of Transportation, as amended or revised, the regulations set forth in this chapter notwithstanding.
(Ord. 1969-169. Passed 7-16-70.)
1216.11 DEVELOPMENT PLANS.
Development plans shall be prepared and submitted for approval for all uses proposed in Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel-Motel Districts, in accordance with the regulations provided in Chapter 1220.
In an Executive Office Park District, a general plan of the entire development area shall be prepared and submitted for approval as provided in Chapter 1220.
(Ord. 1986-129. Passed 9-4-86.)
1216.12 SATELLITE TRANSMITTING/RECEIVING DISH.
One satellite transmitting/receiving dish as an accessory use in Section 1216.03
and 1218.03
shall be permitted only where all of the following conditions are satisfied. No owner or occupier of property shall erect or install a satellite transmitting/receiving dish without first obtaining all necessary building permits. (Ord. 1998-3. Passed 5-4-00.)
(a) Location. A satellite transmitting/receiving dish shall be located in rear yards only or on the roof of a structure when such installation is structurally sound.
(b) Height. The satellite transmitting/receiving dish shall be erected, not to exceed fifteen feet in height. Said measurement shall be calculated from the established grade to the top of the dish, which measurement shall include the height of any base upon which it is mounted. Satellite transmitting/receiving dishes located on the roof of a structure shall not exceed fifteen feet above the plane upon which it is mounted.
(c) Size. A satellite transmitting/receiving dish shall not exceed ten feet in outside diameter.
(d) Landscaping or Screening. A satellite transmitting/receiving dish shall be screened by a structure or landscaping in accordance with the buffering requirements of this Zoning Code. Said landscaping or screening shall be half the height of the satellite dish measured from the established grade and be placed on all open sides.
(e) Safety Requirements. The satellite transmitting/receiving dish shall be constructed and anchored in such a manner as to withstand winds of 100 miles per hour velocity. If the receiving dish is mounted on a roof, the roof must be structurally sufficient to support the weight thereof. In addition to the foregoing requirements, the satellite transmitting/receiving dish shall be placed where it will not have an adverse effect on the surrounding properties, including but not limited to sight lines and the creation of interference with any electric appliances, equipment or communications devices located on or within adjoining and/or surrounding properties. The satellite transmitting/receiving dish shall be fixed in a permanent fashion such that it would only be removable for repair or replacement. No signs shall be permitted on any satellite transmitting/receiving antenna.
(Ord. 1995-214. Passed 2-15-96.)
(f) Satellite transmitting/receiving dishes of two meters or smaller shall be exempt from the requirements set forth in subsections (a) through (e) hereof. No building permit is required for dishes two meters or less.
(Ord. 1998-3. Passed 5-4-00.)
1216.13 DESIGN STANDARDS.
In all Business Districts, the following design standards shall be applied to all developments:
(a) Sign regulations shall be as regulated in Chapter 1223 for Business Districts except that no pole signs shall be permitted.
(b) All wall or fascia signs of buildings on the same lot shall be uniform in size, design and color. Development plans for all multi-tenant buildings shall include signage design standards and criteria to regulate signage in addition to the requirements of Chapter 1223.
(c) All driveways and parking lots shall be curbed with barrier-type curbing extending six inches above the parking surface.
(d) All facades of buildings shall be faced with a finished building material such as brick, stone, glass or metal panels as approved by the Planned Commission.
(e) Developments with multiple buildings or those constructed in phases shall be similar and harmonious in design and exterior materials.
(Ord. 1990-65. Passed 4-19-90.)
(f) Exterior lighting shall be in accordance with Section 1230.03.
(Ord. 2017-110. Passed 12-21-17.)
1216.14 SUPPLEMENTAL RETAIL BUILDING REGULATIONS.
The following regulations shall apply to all business districts wherein which retail sales to the general public are permitted, except Shopping Center Districts located within one-half mile of an interstate interchange wherein large retail stores are permitted:
(a) No individual retail store unit shall have a floor area that exceeds the greater of 40,000 square feet or thirty-five percent (35%) of the total retail floor area on the subject parcel or development.
(b) “Floor area” for retail use 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, excluding unenclosed porches, terraces and steps, not used for retail sales.
(Ord. 1999-143. Passed 12-2-99.)
1216.15 DOVER VILLAGE OVERLAY REGULATIONS.
The following regulations shall apply to the properties zoned Office Building District and General Business District located in the area defined as all properties fronting onto Center Ridge on the north side from 26314 Center Ridge (at Canterbury Road) to 27396 Center Ridge; on the south side from 26315 Center Ridge to 27333 Center Ridge Road; and on the south side of Westwood from 26915 to 26945 Westwood Road. Within the Dover Village area defined herein, buildings and improvements shall follow the regulations and standards of this Section 1216.15 including the design guidelines established for the area unless otherwise approved by Council.
(a) The minimum front building setback for new buildings and additions shall be not less than twenty (20) feet from the planned right-of-way provided no parking shall be located between the front or side face of a building and the street sidewalk and not less than fifteen (15) feet from a side street planned right-of-way.
(b) The minimum side and rear building setback shall be not less than ten (10) feet unless adjacent to a residential zoned district wherein the side or rear building setback shall be not less than thirty (30) feet.
(c) The minimum parking setbacks from the planned right of way as well as front, side and rear shall be not less than ten (10) feet except where adjacent to a residential district wherein the setback shall be not less than twenty (20) feet.
(d) Service station or any automotive use permitted in the underlying district shall locate the building at the twenty (20) foot setback and the pumps, canopies and service bays shall be located to the side or rear of the building.
(e) The width of driveways including parking aisles shall be not less than twenty (20) feet nor more than twenty-four (24) feet unless otherwise approved by Planning Commission in locations that require added lanes for turning or single lanes for one-way drives.
(f) Parking lots shall be located to the side or rear of buildings and limited to twenty- four (24) spaces unless divided by landscape strips, parking dividers and/or pedestrian walkways. The minimum amount of landscaping within the outer edges of the paved areas shall be five percent (5%). Parking lots with more than fifty (50) spaces shall provide ten percent (10%) landscaping within the outer edges of the paved areas.
(g) The minimum amount of landscaping on the entire site shall be twenty percent (20%) of the parcel. Planning Commission may allow the use of decoratively paved plazas, patios and pedestrian areas as landscaped area.
(h) The maximum building height for buildings shall be thirty (30) feet and two stories.
(i) All other regulations that apply to General Business District and Office Building District not herein provided shall apply to building and uses in the Dover Village area.
(j) Outdoor dining areas otherwise regulated by Chapter 707 shall be permitted on all sides of a building or yard except where abutting a residential district and shall not obstruct any private or public sidewalk, nor obstruct any parking area or access drive, nor obstruct motorists sight views at driveway exits or at intersections.
(k) Dover Village Building and Site Design Guidelines. These Dover Village Design Guidelines are intended to supplement the design review guidelines found in Chapter 1237
of the Westlake Codified Ordinances and provide more specific guidance based on the unique attributes of the Dover Village area. In the event there is a conflict between the Chapter 1237
general guidelines and these guidelines, those adopted for Dover Village area would take precedence within the Dover Village area.
(1) Building details, particularly on the front facade, should be designed for maximum visual interest. Standardized corporate prototype buildings are discouraged; buildings should be designed to respond to the context of the Westlake community and the Dover Village area.
(2) Buildings should be designed with details and materials to evoke the village look with building styles and designs common of the mid-century 1940's through the 1950's.
(3) Blonde or red brick are the preferred exterior cladding materials. Artificial cladding materials, such as obviously faux stone and synthetic stucco (i.e. Dryvit) are discouraged.
(4) Storefront windows provide an opportunity to display merchandise and provide "eyes on the street." Clear glass should be retained in existing storefront windows, and existing windows should not be reduced in size or eliminated on street-facing facades.
(5) Awnings are encouraged to provide protection from the weather for pedestrians, evoke the period and provide location for signage.
(6) Main entries should be clearly defined, and emphasized with architectural detailing, awnings, lighting, and/or signage.
(7) Decorative paving is encouraged for sidewalks and other paved areas on private property.
(8) Landscaping should be concentrated at parking lot edges to soften the appearance of parking from the street and to provide definition to curb cuts; landscaped islands within a parking lot are also encouraged.
(9) Trash dumpsters must be in enclosures as specified in Section 1216.03(j) of the Westlake Codified Ordinances. Loading areas and mechanical equipment should be located to the rear of buildings, with fencing and landscaping to screen these areas from public view.
(10) Mechanical equipment on the ground and waste receptacles must be screened with a fence or plant material as approved by the Planning Commission, or housed in a structure that is in harmony with the surroundings.
(11) Mechanical equipment attached to the side or roof of a building, including heating vents, should be kept as low as possible and screened. Color should be compatible with the background.
(12) Accessory loading areas should be located in unobtrusive areas and be screened or blocked from public view.
(13) Pedestrian-scaled light fixtures using high pressure sodium lamps will add a warm glow to the district at night and are appropriate along the sidewalk and within parking lots. Round fixtures with simple, streamlined poles evoke the architectural era of the district.
(14) Benches and trash receptacles were not commonly found in mid-century commercial streetscapes, but these elements are welcome in the district today. Timeless, elegantly designed benches and trash receptacles, that do not recall any specific time period, will provide for pedestrian comfort without detracting from the character of the area. Color recommendations for paving materials can be found in the Dover Village palette.
(15) Bus benches were very common in the 1940s and 1950s, so as an alternative to the previous guideline, decoratively painted bus benches could be incorporated into the Dover Village streetscape as a public art opportunity.
(16) Sidewalks should be generous within the district along the street and leading to each building entrance. New sidewalks should have at least six feet (6') clear passageway.
(l) Dover Village Supplemental Sign Regulations. These Dover Village Sign Regulations are intended to supplement the signage regulations found in Chapter 1223
, and provide more specific guidance based on the unique attributes of the Dover Village area. In the event there is a conflict between the Chapter 1223
sign ordinance and these guidelines, those adopted for Dover Village area would take precedence within the Dover Village area.
(1) Signs should be designed to evoke the graphic and architectural identity of the 1940s and 1950s. Historically authentic reproductions of signs from this era are not required, but sign graphics with a "retro" quality are encouraged. Using colors from the Dover Village palette is encouraged for sign age in the district.
(2) Painted sign panels with overhead, gooseneck light fixtures are appropriate in this district, as are signs that use exposed neon tubing to spell out the name of a business.
(3) Panel signs or individual letter signs are appropriate to the district; internally illuminated box signs or awning signs are more contemporary in appearance and are inconsistent with the architectural styles encouraged for the district.
(4) Feature signs are encouraged for retail businesses in the district. These multi-sided or three-dimensional signs help to establish a unique identity for a business and are usually designed to depict or symbolize some aspect of the business they are identifying.
(5) Temporary window signs are discouraged, as they tend to make a storefront appear cluttered, but permanent window signs can be designed to supplement the main signage, adding color and excitement to building facades at the pedestrian level.
(6) Durable materials, such as brick, stone, and metal, are preferable for monument signs; monument signs should have landscaping at the base.
(7) Sign bands should be established on primary facades to establish a clear location for signage.
(8) Projecting signage may be appropriate, particularly on corner buildings, to reinforce the architectural character of the district.
(9) Unique "feature" signs are encouraged to add distinction to businesses in the area.
(10) Monument signs are preferable to pole signs, and should have a landscaped base. Existing pole signs are considered nonconforming.
(11) Businesses within a retail strip are not required to have matching signs, but some degree of continuity, in terms of color palette, sign type, sign placement, and method of illumination is encouraged.
(12) Section 1223.10 of the City's Zoning Code provides additional standards for sign design and shall be followed.
(13) Shopping center signage may be uniform for each tenant, or individual businesses within the center may have more flexibility in establishing their own sign identity. In the latter case, a coordinated sign plan must be developed by the shopping center owner and approved by the City.
(14) Directory signs listing individual tenants are appropriate, but the design of these signs should incorporate materials and architectural details from shopping center buildings.
(15) Directory signs should be designed for maximum legibility by pedestrians and motorists, and must be sited in a way that does not obscure views for drivers entering or exiting the shopping center. A minimum setback of ten feet from the right-of-way is required for monument signs.
(m) Architectural Palette.
(1) The Dover Village palette includes dark, earth-based tones and lighter pastel colors.
(2) Red or blonde brick is encouraged as the exterior cladding material for buildings in the Dover Village District; building base colors should be limited to a relatively small number of choices shown in the Dover Village base color palette that are in keeping with the overall character of the district.
(3) Trim colors should be selected from the broader Dover Village accent palette to coordinate with a building's roofing and siding materials.
(4) Primary colors (red, yellow, blue) and stark black and white combinations are discouraged for signage in the district, in favor of the more subtle colors in the Dover Village palette.
(Ord. 2008-36. Passed 6-5-08.)
1217.01 PURPOSE.
The purpose of this chapter is to provide regulation for the development of integrated shopping facilities requiring a large area of land, proximity to adequate roads and a marketing area sufficient to support its potential.
(Ord. 1982-27. Passed 12-16-82.)
1217.02 DISTRICT ESTABLISHED.
There is hereby created an Integrated Shopping Facility District. The use shall be an enclosed shopping mall constructed as a single unitary structure. All uses shall have direct access from the interior of the enclosed mall. The mall shall contain a minimum of two department or specialty stores of not less than 75,000 square feet each. These two stores shall be referred to as the anchor tenants.
(Ord. 1982-27. Passed 12-16-82.)
1217.03 PERMITTED USES.
In addition to the uses set forth in Section 1217.02, the following uses are also permitted in an Integrated Shopping Facility District:
(a) Main Permitted Uses in Enclosed Shopping Mall.
(1) Retail sales.
A. All general merchandise, dry goods, notions.
B. Wearing apparel, shoes, hats.
C. Household hardware, wallpaper, paint.
D. Furniture, appliances, floor coverings.
E. Sporting goods.
F. Drugs, periodicals, tobacco.
G. Flowers, gifts, jewelry.
H. Serving and consumption of food and beverages during the normal hours of operation of the enclosed shopping mall.
(2) Service establishments.
A. Beauty and barber shops.
B. Dry cleaning agencies provided no work shall be done on the premises for other dry cleaning outlets.
C. Shoe, hat repair shop.
D. Photographic studios.
E. Public or quasipublic nonprofit recreational or community center.
(b) Accessory Uses in District.
(1) Parking and loading facilities shall be in accordance with Section 1217.05.
(2) Signs shall be in accordance with Section 1217.07.
(3) Trash receptacles, provided they shall be located wholly within the main building or in an approved enclosed structure. Exterior trash enclosures shall be six feet in height with masonry walls on three sides with a solid gate or door on the fourth side. Enclosures shall be designed to be compatible in design and material as the main building. Exterior enclosures shall be at least six feet from the main building and provide a setback from property lines equal to the required loading area setback. Where adjacent to residential districts, trash enclosures shall be further screened with a landscape buffer approved by the Planning Commission.
(c) Conditional Permitted Uses in District.
(1) All conditional permitted uses must be applied for in accordance with Chapter 1227.
(2) Conditional permitted uses in enclosed shopping mall:
A. Pet shop, provided noise and odors are effectively limited to the premises.
B. Banks.
C. Ice skating rink.
D. Theater.
E. Groceries, meats, fruits, vegetables.
F. Print or copy center.
G. Restaurant having external entrances and to be operated outside the normal hours of operation of the enclosed shopping mall.
(3) Conditional permitted uses detached from the enclosed shopping mall:
A. Park, playground or other public recreation use.
(Ord. 1991-130. Passed 10-3-91.)
1217.04 SIZE AND AREA REQUIREMENTS.
The following are the minimum standards established for an Integrated Shopping Facility District:
(a) Minimum District Size. The minimum district size is fifty acres. District depth may not exceed district width by more than two to one times, except where necessary to conform to natural features of the land. At no point shall the district be of insufficient width or depth to prevent installation and maintenance of required buffer areas.
(b) Coverage Limits. The building constructed in an Integrated Shopping Facility District shall not occupy more than twenty percent (20%) of the entire district area. A minimum of twenty percent (20%) of the district shall be planted and/or otherwise landscaped. All portions of the use district not occupied by the permitted building uses, driveways, and required parking areas shall be landscaped.
(Ord. 1982-27. Passed 12-16-82.)
1217.05 REQUIRED PARKING FACILITIES.
For all permitted uses, the following minimum number of parking spaces shall be required in Integrated Shopping Facility Districts. The size, location and physical layout of parking spaces and areas shall be the same as required in other zoning districts, except as hereinafter specified.
(a) Parking and Loading Facilities. Parking and loading areas shall be in accordance with the Integrated Shopping Facility District standards as set forth in this chapter and in accordance with the procedures and standards set forth in Chapter 1221
.
(1) Parking spaces shall be calculated at a ratio of four and five-tenths spaces per 1,000 square feet of gross leasable area.
(2) No parking within 100 feet of all other districts.
(3) The total of all parking units shall be equal to the required parking as defined.
(4) All loading areas shall be screened from visual contact from the district perimeter.
(5) Parking and loading facilities shall be according to the procedures and standards set forth in Chapter 1221.
(6) No parking shall be permitted within the required buffer area.
(7) Roadways shall not be used to calculate parking.
(b) Parking Area Surface. Parking shall be designed, regulated or treated so as to prevent the excessive production of airborne dust or dirt, or soil erosion onto adjacent property.
(c) Parking Area Improvements. All parking areas required by these district regulations shall be graded and improved in accordance with the Building Code. The unit of any one parking area may not be more than twenty thousand (20,000) square feet and not exceed a depth to width ratio of five to one. Each such parking unit shall be surrounded by a fifteen-foot landscaped area, excluding driveways to such parking units.
(Ord. 1982-27. Passed 12-16-82.)
1217.06 REQUIRED BUFFER STRIPS.
Buffering requirements for an Integrated Shopping Facility District are as follows:
(a) Wherever an Integrated Shopping Facility District adjoins a residential district, a buffer strip 100 feet in width shall be provided for any lot developed in accordance with these district regulations, further any building or structure must be set back an additional 100 feet from the buffered area, thereby placing such building or structure a minimum of 200 feet from the residential district. This buffer strip shall be landscaped with evergreen shrubs and trees, and a security fence not less than six feet in height installed. Mounding shall be encouraged.
(b) Whenever a development in an Integrated Shopping Facility District adjoins a public highway, street or right of way, a buffer strip 100 feet in width shall be provided.
(c) All fences required by subsection (a) hereof shall be installed ten feet from the property line, and the finished surface, if any, shall face the adjoining property.
(Ord. 1982-27. Passed 12-16-82.)
1217.07 GENERAL REQUIREMENTS.
In addition to the foregoing requirements, all development within an Integrated Shopping Facility District shall be subject to the following regulations:
(a) Solid Waste Collection. Trash compactors, dumpsters or other similar use facilities for the storage of trash removed from any building shall be contained within the loading area or any other area sufficiently screened from visual contact.
(b) Access Driveways to Parking Areas and Internal Streets.
(1) Access driveways to parking areas shall be in accordance with Section 1221.11.
(2) Internal streets shall be constructed with curbs to define the limits of the roadway. (Ord. 1982-27. Passed 12-16-82.)
(Ord. 2017-110. Passed 12-21-17.)
(d) Height of Buildings.
(1) The building shall not have more than two stories above natural grade level elevation as defined in Section 1203.09(b), and the maximum height of the building shall not exceed thirty-eight feet above natural grade level elevation, as defined above, exclusive of cornices, decorative material, mechanical devices and towers.
(2) All mechanical devices shall be screened.
(e) Sign Requirements.
(1) All signs must comply with Chapter 1223, except as specifically modified in this chapter.
(2) No pole signs are permitted.
(3) One sign is permitted as the entrance to the district.
(4) Only the anchor tenants may have signs attached to the face of the building.
(Ord. 1982-27. Passed 12-16-82.)
1217.08 APPLICATION FOR DISTRICT CLASSIFICATION; REFERRAL TO PLANNING COMMISSION.
An owner of land in the City which is of sufficient size to meet the area requirements of Section 1217.04 may apply to Council for reclassification of such land as an Integrated Shopping Facility District. Council shall refer each application to the Planning Commission for review and recommendation. Council shall not reclassify land as an Integrated Shopping Facility District until the Planning Commission has acted upon the matter, or until the Planning Commission has failed to act within sixty days after the referral of an application or any extension thereto granted by Council.
(Ord. 1982-27. Passed 12-16-82.)
1217.09 FORM AND CONTENTS OF APPLICATION; SITE PLAN.
An application for reclassification of land as an Integrated Shopping Facility District must be accompanied by twenty copies of a proposed site plan prepared by an architect, landscape architect, engineer, land surveyor or planner. The plan shall include the following:
(a) Survey showing the existing features of the property, contours, buildings, large trees, streets, easements, existing uses and surrounding areas within 500 feet.
(b) Site plan showing proposed building location, land use areas, traffic circulation, parking, loading, pedestrian walks, landscaping, grading, signs and lighting.
(c) Preliminary drawings for the building to be constructed, including exterior elevations and sections.
(d) Preliminary engineering plans for, but not limited to, drainage systems, public utility extensions and sewage disposal.
(e) Traffic engineering study of area including but not limited to traffic impact study, existing condition report, projected site traffic report, capacity analysis and summary and recommendations.
(f) The plan shall be drawn to a scale of not less than fifty feet to the inch.
(g) Any additional information reasonably requested by the Planning Commission, including but not limited to the identity of at least one anchor tenant.
(Ord. 1982-27. Passed 12-16-82.)
1217.10 REVIEW OF APPLICATION; FINDINGS.
After reviewing the application, the Planning Commission shall make a recommendation to the Council. Such recommendation may approve, disapprove or approve subject to modifications, and shall include a written statement of the Board's findings.
(Ord. 1982-27. Passed 12-16-82.)
1217.11 EFFECT OF APPROVAL.
(a) An approved site plan shall be binding upon the applicants and their successors or assignees. The first building permit shall be for a portion of the building which is to be occupied by an anchor tenant. No building permit shall be issued for any building or structure not in accord with the site plan, except that temporary construction facilities shall be permitted for the purpose of developing the project. Such facilities shall be removed within fourteen days after completion of the initial construction or prior to issuance of the certificate of occupancy, whichever first occurs or the construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the site plan. No structure, use or other element of an approved site plan shall be eliminated, altered or provided in another manner unless an amendment is approved in accordance with Section 1217.13; provided however, that the Planning Commission may approve such minor changes in the site plan as will not cause any of the following circumstances to occur:
(1) A change in the character of the development;
(2) An increase in the problems of circulation, safety and utilities;
(3) An increase of any adverse external effects on adjacent property;
(4) A reduction of the originally approved setbacks from property line;
(5) An increase in the ground coverage authorized in the Zoning District;
(6) A reduction of the required off-street parking and loading space; and
(7) A change in the size, lighting or orientation of originally approved signs.
(b) Whenever the Director of Inspections finds that any proposed construction or occupancy will not, in his opinion comply with the approved site plan, he shall refer the question to the Planning Department for review.
(c) An approved site plan shall be valid for a period of forty-eight months, so long as the building permit is obtained within forty-eight months of the date of site plan approval. One twelve month extension may be granted by recommendation of the Planning Commission and approval by Council. In the event a site plan becomes invalid, a new site plan shall be required to be submitted for approval in the same manner as an original application for site plan approval.
(Ord. 1988-66. Passed 6-16-88.)
1217.12 DEPOSITS AND FEES.
Any person, firm or corporation submitting a request to the Planning Commission for a review of plans or plats and the like shall deposit with the Planning Commission through the Clerk of Commissions, cash or a certified check in the minimum amount of two thousand five hundred dollars ($2,500), which deposit shall be given to the Director of Finance and placed in a special deposit account. The Director of Planning shall coordinate the plan review with the Director of Engineering, Director of Inspections, Fire Chief, Police Chief, City Architect and other City consultants and departments as deemed necessary by the Planning Commission.
At the time the report is completed by the Planning Commission, the Clerk of Commissions shall prepare a schedule of costs incurred and shall itemize such costs and submit the same as an attachment to the report. The costs as described herein shall be the actual costs of time spent on the matter referred and will be separately billed by the expert or agency to which the matter had been referred. The costs shall be deducted from the amount of the deposit and the balance, less any minimum fees to be paid by the applicant, shall be returned to the applicant by the Director of Finance. Any costs incurred above the deposit shall be paid by the applicant.
The above fees shall be considered to be minimum fees and, in addition thereto, the applicant for approval of such plans shall reimburse the City for all costs incurred for publication, postage, notice and review by the City Architect, the Director of Engineering, the City Engineer Consultant, the City Traffic Engineer, the Regional Planning Commission, the City Planner or other experts. The fees for the plans set forth herein shall be separately paid for consideration or preliminary approval and for consideration of final approval irrespective of the fact that the Planning Commission recommends approval or disapproval.
(Ord. 1982-27. Passed 12-16-82.)
1217.13 AMENDMENTS.
The holder of an approved site plan may request modification of the site plan or the conditions of approval by submitting an amended site plan which shall be filed and processed in the same manner as an original application. However, the date of the original site plan approval shall still apply for the purposes enunciated in Section 1217.11(c).
(Ord. 1982-27. Passed 12-16-82.)
1218.01 PURPOSE.
Office-Laboratory Districts and Exclusive Industrial Districts and their respective regulations are established herein in order to achieve, among others, the following purposes:
(a) To provide convenient and sufficient districts for industrially oriented office and research activities and for the production and distribution of goods in order to serve and promote economic development of the community; more specifically;
(b) To provide Office-Laboratory Districts in close proximity to the freeway system so as to be accessible to widely dispersed administrative and technical personnel in the region;
(c) To provide Exclusive Industrial Districts near the freeway system for uses which generate relatively large volumes of traffic, so as to be accessible to a large labor force and consumers throughout the region;
(d) To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities and by regulating the access to streets;
(e) To protect nearby residential neighborhoods by restricting the types of nearby uses, particularly at their common boundaries, which would create objectionable influences; and
(f) To promote the most desirable and beneficial industrial use of the land based upon the Guide Plan and directed to bring about eventual conformity with the Plan as it may be amended.
(Ord. 1969-169. Passed 7-16-70.)
1218.02 USE REGULATIONS.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in industrial districts only for the uses set forth for each district, respectively, in the schedules and regulations of this Zoning Code.
(a) The main buildings and uses set forth in the Schedule, Section 1218.03 shall be permitted by right as the principal building or use of a zoning lot.
(b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirement or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council, according to procedures and standards set forth in Chapter 1227 of this Zoning Code.
(c) The accessory buildings and uses set forth in the Schedule, Section 1218.03, shall be permitted as a subordinate building or use if they are planned and developed integrally therewith, clearly incident thereto and located on the same zoning lot as the main building or use.
(d) A building designed and constructed as a residence cannot be occupied, in whole or in part, by another use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and site plan and must be made to conform to all requirements of the Building Code pertaining to structures permitted in industrial districts.
(e) Existing residences not permitted as of right within any industrial district shall be construed as nonconforming uses, but may be continued, extended, altered, enlarged and maintained as a residence subject to all lot area, building area, lot coverage and yard regulations of the appropriate residential district.
(Ord. 1973-71. Passed 11-1-73.)
1218.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.
The following schedule enumerates all main, conditional and accessory buildings and uses which are permitted in industrial districts.
Those buildings and uses which are permitted and regulated as main, conditional and accessory uses in a given industrial district are designated by an "M", "C", or "A", respectively, placed opposite the use and in the columns under the districts in which such use is permitted.
District | |||
Permitted Buildings and Uses | Off. Lab. | Excl. Off Lab. | Excl. Ind. |
(a) Offices. | |||
(1) Accessory and incidental to main office lab, exclusive office lab, or exclusive industrial use. | M | M | M |
(2) Professional services, financial, governmental, public utility, administrative and sales except that no retail sales involving the physical exchange of merchandise shall be permitted (Ord. 2015-132. Passed 1-21-16.) | M | M | C (c) |
(b) Public Buildings. Public buildings include police and fire stations, post office and hospital. (Ord. 1989-259. Passed 1-18-90.) | M | M | M |
(c) Colleges, Universities and Training Schools. Public or private colleges and universities and training schools of a private, technical or professional nature. (Ord. 2008-81. Passed 7-17-08.) | M | M | M |
(d) Newspaper Printing Establishments. | M | M | M |
(e) Research Laboratories. Research laboratories include experimental, research and testing, all types of basic and applied research of product design and development, including but not limited to, the operation of small-scale experimental and pilot plant operations | M | M | M |
(f) Metal Production. Metal production includes metal-cutting, casting, stamping; electric, gas and ultrasonic welding; grinding, machining and finishing, only in the production and/or assembly of products such as: | |||
(1) Automotive and aircraft parts; | M | ||
(2) Electrical and electronic equipment, motors; | M | ||
(3) Electrical appliances; lamps, fixtures and clocks; | M | ||
(4) Hardware, cutlery, kitchen utensils; | M | ||
(5) Insruments; musical and scientific; | M | ||
(6) Instruments and equipment; medical, orthopedic and photographic; | M | ||
(7) Sporting goods, athletic equipment, toys | M | ||
(g) Nonmetal Production. Nonmetal production includes: | |||
(1) Clothing and other textile products; | M | ||
(2) Pharmaceutical products; compounding of cosmetics, drugs and toiletries; | M | ||
(3) Plastics; extrusion, moulding and fabricating of panels, sheets, tubes and ros; | M | ||
(4) Printing, publishing and engraving: | M | ||
(5) Woods, fabrication of furniture, cabinets and other wood. (Ord. 1989-259. Passed 1-18-90.) | M | ||
(h) Services, Wholesale Sales and Storage Establishments. Services, wholesale sales and storage establishments are limited to: | |||
(1) Cleaning, dyeing and dry cleaning establishments; carpet cleaning; | M | ||
(2) Repair of household appliances and goods produced by manufacturing and assembly processes permitted above. (Ord. 1995-125. Passed 10-5-95.) | M | ||
(3) Food and drink preparation limited to refrigeration, ice manufacture, bottling of soft drinks, creameries; wineries; microbreweries; distilleries, food preparation for wholesale sales or sales consummated outside the District. (Ord. 2017-121. Passed 2-15-18.) | M(j)(k) | ||
(4) Shops and offices of contractors, including carpentry, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, roofing and sheet metal, packaging and crating; (Ord. 1995-125. Passed 10-5-95.) | M | ||
(5) Warehouses, indoor storage and delivery establishments; (Ord. 1997-44. Passed 3-20-97.) | M | ||
(6) Storage and wholesale sales of new lumber and other building materials; public utility materials and equipment; monument works; | C | ||
(7) Heliport, helistop | C | C | C |
(8) Par 3 golf course; | C | ||
(9) Outside storage of recreational vehicles as defined in 1211.30(a)(1) through (6). (Ord. 1995-125. Passed 10-5-95.) | C(b) | ||
(10) Self service storage establishment. (Ord. 1997-110. Passed 7-17-97.) | C(f) | ||
(11) Animal boarding establishment, dog agility competition and obedience training facilities. (Ord. 2018-64. Passed 7-19-18.) | C(g) | ||
(12) Collision Center/Body Shop. (Ord. 2005-25. Passed 5-5-05.) | C(h) | ||
(13) Tennis/racquet facility, fitness center or similar recreational use (Ord. 2016-68. Passed 9-1-16.) | C | ||
(14) Recycling Facilities (Ord. 2014-94. Passed 9-4-14.) | C(i) | ||
(15) Mobile food vending outside a microbrewery located on its property for public consumption within the microbrewery (Ord. 2014-167. Passed 12-18-14.) | C | ||
(16) Biohacking facility (Ord. 2025-57. Passed 9-4-25.) | C | ||
(i) Accessory Buildings and Uses. | |||
(1) Off-street parking and loading facilities as permitted and as regulated in Chapter 121 | A | A | A |
(2) Signs as permitted and as regulated in Chapter 1223 | A | A | A |
(3) Mainenance and storage facilities either within wholly enclosed buildings or suitably screened by a fence or dense landscaping so that no stored material is visible from an abutting street | C | C | A |
(4) Employee lunch rooms | A | A | A |
(5) Satellite receiving dish (Ord. 1989-259. Passed 1-18-90.) | A(a) | A(a) | A(a) |
(6) Licensed child day care center serving the children or dependents of employees working on the premises. (Ord. 2017-54. Passed 7-6-17.) | |||
(7) Heatlh care, exercise rooms, gymnastics or bodybuilding center serving employees working on premises. (Ord. 1989-259. Passed 1-18-90.) | A | A | A |
(8) Licensed child day care center or adult day care facility. (Ord. 2017-54. Passed 7-6-17.) | |||
(9) A restaurant in an office building used for the serving of food and dispensing of beverages | C | ||
(10) Trash receptacles enclosed in main building or in an approved structure. | A | A | A |
(Ord. 1989-259. Passed 1-18-90; Ord. 2003-26. Passed 4-17-03.) | |||
Any office laboratory, industrial, or service use not listed in the above schedule, but similar to a permitted use as to hours of operation and amount of traffic generated, may be permitted if such use complies with the performance regulations in Section 1218.06 and is in accordance with the provisions of Chapter 1229.
Footnotes:
(a) See Section 1218.09.
(b) The conditional use of outside storage of recreational vehicles is subject to buffering, lighting, fencing, control of repair work, hours of operation, lot size and any other factors which the Planning Commission or Council deem necessary.
(Ord. 1989-259. Passed 1-18-90.)
(c) All other zoning requirements, including but not limited to setbacks, parking, landscaping, tree preservation, lighting, and design review guidelines, shall conform to the requirements of the Office Building District.
(Ord. 2015-132. Passed 1-21-16.)
(d) (EDITOR’S NOTE: Former subsection (d) was repealed by Ordinance 2003-26, passed April 17, 2003.)
(e) (EDITOR’S NOTE: Former subsection (e) was repealed by Ordinance 2017-54, passed July 6, 2017.)
(f) A single apartment type residential unit, when attached to and incorporated with a self service storage establishment is permitted such that the residential unit shall comprise no more than 1,000 square feet and shall be occupied by no more than two persons, one of whom is an employee of the property owner and is a registered private security guard. The residential use shall terminate when the main use as a self service storage establishment is terminated.
(Ord. 1997-110. Passed 7-17-97.)
(g) (1) All boarding of animals, dog agility competitions, and obedience training shall be within an enclosed building;
(2) Any outdoor exercise area shall be fenced and located outside any building setback for the District and not be located in the front yard;
(3) All noise and odors shall be confined to within the enclosed building such that no disturbance is made to any adjoining property owner or resident;
(4) Domestic animal boarding is limited to common household pets. Wild, dangerous and/or undomesticated animals as defined in Section 505.20 shall not be permitted;
(5) Training of animals will not include the use of loud noises or produce smoke or odor;
(6) “Barn hunt”, “animal herding”, “dock diving”, and/or “flyball” or similar activities shall not be permitted;
(7) Dogs shall be supervised when they are outside to minimize barking;
(8) Overnight lodging in the building or on the property shall not be permitted; and
(9) Retail vendor and concession sales shall only be permitted during dog agility competitions.
(Ord. 2018-64. Passed 7-19-18.)
(h) The building shall be free standing and the sole use of the building shall be for the purpose of collision centers/body shops, and all automobile storage shall be indoors. (Ord. 2005-25. Passed 5-5-05.)
(i) (1) The use shall comply with the provisions in Part Twelve of the Westlake Codified Ordinances and all other applicable City Ordinances.
(2) The use shall not create a public health nuisance.
(3) Open dumping, as defined in Ohio R.C. 3734.01 shall not be permitted at the facility.
(4) Each solid waste or waste recycling facility, whether operational, or subject to closure within the meaning of Ohio R.C. Chapter 3734, and related rules, located within the City shall be subject to continuing inspection and supervision by the City for the purpose of ensuring that the operation and maintenance of the solid waste or waste recycling facility does not create a danger to the public health, safety and welfare.
(5) Materials accepted:
A. Mixed and source separated recyclable materials may be received at the facility from haulers of waste generated from commercial, residential and industrial sources;
B. Only mixed streams consisting of primarily recyclable materials may be accepted;
C. Putrescible solid waste shall be excluded from a reprocessing and/or recycling facility. If such wastes are received, they shall be placed in leak proof, easily cleaned containers until it is disposed. All putrescible solid waste shall be disposed at a licensed solid waste disposal facility within seven (7) days;
D. Any material that is classified as hazardous waste or infectious waste shall be prohibited from the facility; and
E. Materials shall be received from haulers on a contract basis only, and shall not be received from the general public.
(6) Maintenance. A site used for the operation of a recycling facility shall be maintained in a clean, sanitary and litter-free condition on a daily basis.
A. All processing and separating areas shall be maintained in a clean condition, and free of accumulations of dust and debris with daily cleaning;
B. Liquid residue that has leaked from containers that are being recycled or reprocessed shall be cleaned from the equipment, storage facilities, floors, walls and other surfaces as often as necessary to prevent odors and flies;
C. All processing areas shall be paved;
D. All surfaces shall be smooth and easily cleanable; and
E. A plan will be implemented to address the extermination of vermin and insects, control of blowing litter and the collection of solid waste that is spilled or dropped on the grounds of the facility, adjacent properties, or public streets.
(7) Storage.
A. Recycled and/or reprocessed material shall not be stored in such a way that it presents a habitat for rodents or other vermin. Temporary or permanent outside storage is not permitted;
B. All solid waste, and/or reprocessed material shall be stored in compliance with all applicable local, State and Federal, fire, zoning and environmental codes, laws and regulations. Lightweight materials such as paper and plastic shall be baled or stored in an enclosed structure in order to prevent scattering; and
C. At no time shall a registered facility accept or store volumes which create a fire hazard or nuisance conditions.
(8) Any activities beyond collection including, but not limited to, sorting, storage and/or processing of materials, shall be within an entirely enclosed structure.
(9) Ventilation fans shall be directed away from residences.
(10) Exterior doors shall not be left open for longer than necessary to provide ingress or egress to buildings.
(11) Noise levels shall not exceed sixty (60) decibels as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) decibels.
(12) The Planning Commission may inpose reasonable restrictions upon hours of operation when the use is located within close proximity to residentially used land.
(13) Recycling facilities shall not abut parcels zoned or planned for residential use.
(Ord. 2014-94. Passed 9-4-14.)
(Ord. 2014-94. Passed 9-4-14.)
(j) Microbreweries and wineries or distilleries located in the same building as or adjacent to the microbrewery and who share common ownership with the microbrewery, may be permitted to include a tasting room for retail sales of their microbrewed beer, wine or spirits for on premises and take home consumption pursuant to applicable City, State and Federal laws, rules and regulations.
(k) Microbreweries may be permitted to include a standard restaurant in accordance with Section 1226.03.
(Ord. 2017-121. Passed 2-15-18.)
1218.04 YARD REGULATIONS.
In an industrial district, front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use in accordance with the following schedule;
SCHEDULE OF MINIMUM YARD DIMENSIONS (in feet)
Front Yard | Side Yard | Rear Yard | ||||||
District | Permitted Building or Use | Lot Abuts Major or Arterial Street (a) | Lot Abuts Industrial Road | Adjoining Residential district | Adjoining Non- residential District | Abutting Street | Lot Adjoins Residential District | Lot Adjoins Non- Residential district |
Office- Laboratory | Main and accessory building or use | 200 | 100 | 75 (d) | 25 | 100 | 75 (d) | 50 |
Off-street parking and/or loading | 200 (b) | 100 (b) | 75 (c)(d) | 5 | 100(b) | 75 (c)(d) | 5 | |
Exclusive- Office Laboratory | Main and accessory building or use | 200 | 100 | 75 (d) | 25 | 100 | 75 (d) | 50 |
Off-street parking and/or loading | 200 (b) | 100 (b) | 75 (c)(d) | 5 | 100(b) | 75 (c)(d) | 5 | |
Exclusive Industrial | Main and accessory buiding or use | 100 | 50 | 100 | 25 | 50 | 100 | 50 |
Off-street parking and/or loading | 100(b) | 50 | 100(c) | 5 | 50 | 100(c) | 5 | |
(a) Major or arterial streets include Bradley, Crocker and Detroit Roads and any other street designated as major or arterial on the Guide Plan of the City.
(b) Visitor parking is permitted within a required front yard, the above regulations notwithstanding, but in no case shall such parking spaces be less than fifty feet from the planned street right of way.
(c) Parking areas located adjacent to a residential district lot line shall provide a six foot fence or wall or equivalent landscaped screening.
(d) Notwithstanding the side yard and rear yard provisions permitted, as set forth above, at any point where either the side yard or rear yard of an Exclusive Office Laboratory or Office Laboratory District abuts a residential district there shall be maintained a seventy-five foot strip of land in its natural state between the residential district line and any building, structure or parking lot in the Exclusive Office Laboratory or Office Laboratory District. Any buffering required under Chapter 1130 may be accomplished within the seventy-five foot strip herein referred to.
All required yards exclusive of paved areas shall be landscaped. The Planning Commission shall require planting and/or a fence or wall, where necessary to protect residential districts adjacent to or across the street from an industrial district. Such planting and/or fence or wall may extend into a front yard but shall not be planted or constructed within fifteen feet of the planned right of way.
(Ord. 1990-250. Passed 2-21-91; Ord. 1993-229. Passed 1-6-94; Ord. 1999-177. Passed 11-18- 99; Ord. 2006-24. Passed 4-20-06; Ord. 2013-53. Passed 5-16-13; Ord. 2019-42. Passed 6-6-19.)
1218.05 HEIGHT REGULATIONS.
Permitted structures in industrial districts shall not exceed sixty feet in height, provided however, that within any industrial district, chimneys, domes, elevators, penthouses, skylights, spires, stacks, ventilators or other necessary appurtenant features usually carried above roofs or structures permitted in each respective district, when erected upon and as an integral part of a building may be erected above the height limit, but in no case shall such feature exceed seventy feet above the finished grade.
Water towers, wireless or broadcasting towers, radio or television antennae and other similar structures may be erected above the height limit specified, subject to the following provisions:
(a) The height from the base of such structure, or the uppermost point at which such structure is attached to a building, to the top of such structure shall be not greater than the horizontal distance from the base of the structure to the nearest adjoining residential property line and shall not exceed twenty feet in height.
(b) Any structure detached from the main building shall not exceed thirty-five feet in height.
(Ord. 2003-26. Passed 4-17-03.)
1218.06 PERFORMANCE REGULATIONS.
Every performance standard set forth herein shall be complied with as a precedent to occupancy of any use in an industrial district.
(a) Structures.
(1) Enclosure. All permitted main and accessory uses and operations, except for off-street parking and loading facilities, shall be performed wholly within an enclosed building or buildings. Open testing procedures and open storage of materials and/or equipment used or produced on the premises shall be permitted if suitably screened by a fence or dense landscaping so that no stored material is visible from an abutting street. Outdoor overnight parking of cargo carriers shall be permitted.
(2) Fire and explosion hazards. All permitted main and accessory uses shall be carried on only in buildings classified as fireproof by the Building Code.
(3) Incineration facilities. Incineration facilities shall be provided and shall be located within the main building. Only closed commercial containers for rubbish shall be permitted and shall be located in the rear yard outside of buildings.
(b) Air Pollution.
(1) Smoke, fly ash, dust and dirt. No industrial operation shall exhaust or discharge into the air, any quantity of fly ash, dust, dirt or similar form of air pollution which may become discernible as settlement at, or beyond, the boundaries of the lot occupied by the use.
(2) Noxious or toxic matter. The emission of toxic, noxious or corrosive fumes or gases which may be demonstrably injurious to property, vegetation, animal or human health at or beyond the boundaries of the lot occupied by the use, shall not be permitted.
(3) Odorous matter. The emission of odorous gases or other odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.
(c) Noise. The sound pressure level at the nearest residential street, of any operation on a lot, other than the operation of autocalls, bells, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district and no sound shall be objectionable due to intermittance, beat frequency or shrillness.
(d) Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.
(e) Radioactive or Electrical Disturbance. Radioactive or electrical disturbances which adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use shall not be created.
(f) Heat and Glare and Exterior Lighting. No industrial operation that produces heat or glare perceptible from any property line of the lot on which the operation is located shall be permitted. Exterior lighting shall be in accordance with Section 1230.03. (Ord. 2017-110. Passed 12-21-17.)
(g) Industrial Wastes. No industry shall discharge any treated or untreated sewage or industrial waste into any reservoir or lake, or discharge any untreated sewage or industrial waste into any stream. All methods of sewage and industrial waste treatment and disposal shall be approved by the State Department of Health and all effluent from a treatment plant shall, at all times, comply with the requirements of the Ohio Water Pollution Control Board.
(h) Soil Removal. No mining, extracting, filling or soil-stripping operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks, or in such a manner as to increase erosion. Soil removal shall further be regulated by the provisions of Chapter 1367
of the Building Code.
(i) Trash Receptacles. All trash receptacles shall be located wholly within the main building or in an approved enclosed structure. Exterior trash enclosures shall be six feet in height with masonry walls on three sides with a solid gate or door on the fourth side. Enclosures shall be designed to be compatible in design and material as the main building. Exterior enclosures shall be at least six feet from the main building and provide a setback from property lines equal to the required loading area setback. Where adjacent to residential districts, trash enclosures shall be further screened with a landscape buffer approved by the Planning Commission.
(Ord. 1991-129. Passed 10-3-91.)
1218.07 DEVELOPMENT PLANS.
Development plans shall be prepared and submitted for approval for all uses permitted in an Office-Laboratory and Industrial Districts in accordance with the regulations provided in Chapter 1220. (Ord. 1981-60. Passed 7-16-81.)
1218.08 APARTMENT REGULATIONS.
When property is to be used under the Office-Laboratory District Classification for R-MF- 40, R-MF-24 or R-MF-15 District apartment use, then all regulations set forth in this Zoning Code pertaining to R-MF-40, R-MF-24 and R-MF-15 Districts shall take precedence and apply except that apartment buildings fronting or abutting upon a major arterial street shall have a minimum setback of 200 feet from such street. (Ord. 1971-192. Passed 4-6-72.)
1218.09 SATELLITE TRANSMITTING/RECEIVING DISH.
A satellite transmitting/receiving dish permitted as an accessory use shall be regulated under the requirements of Section 1216.12. (Ord. 1995-214. Passed 2-15-96.)
1219.01 PURPOSE.
The Health Campus District and its regulations are established in order to achieve, among others, the following purposes:
(a) To regulate bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces appropriate for the District;
(b) To provide in appropriate and convenient locations, building districts of sufficient size to serve and promote the health care and health maintenance needs of the community;
(c) To provide a Health Campus District which will serve for the early recognition and treatment of diseases and injury, to prevent severe disability, social isolation and untimely death, and to assist persons in the achievement of the goal of positive health;
(d) To mobilize on one plot of land the necessary buildings to house the services requisite to achieve the above by including a general hospital, a physicians' office building, a long-term care facility, a rehabilitation center, out-patient care and related health agencies in an open space setting;
(e) To provide a Health Campus District in close proximity to the freeway system so as to be accessible to widely disbursed medical, technical and health personnel in the region;
(f) To provide a Health Campus District for the people of the City which is adjacent to and accessible to residents and in which such uses are compatible with adjoining residential districts;
(g) To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities and by regulating the access to streets;
(h) To protect nearby residential neighborhoods by restricting the types of nearby uses, particularly at their common boundaries, that would create objectionable influences; and
(i) To promote the most desirable and beneficial hospital campus use of the land based upon the Guide Plan and directed to bring about eventual conformity with the Plan as it may be amended.
(Ord. 1978-73. Passed 10-5-78.)
1219.02 USE REGULATIONS.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in a Health Campus District only for the uses set forth in this chapter and in the schedules and regulations of this Zoning Code.
(a) The main buildings and uses set forth in the Schedule, Section 1219.03, shall be permitted by right as the principal buildings or uses of the District.
(b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirement or other features. They shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council according to procedures and standards set forth in Chapter 1227.
(c) The accessory buildings and uses set forth in the Schedule, Section 1219.03, shall be permitted as subordinate buildings or uses if they are planned and developed integrally therewith, clearly incident thereto, and located on the same zoning lot as the main building or use.
(d) Dwellings of all types except for health related purposes or single-family dwellings shall be prohibited in a Health Campus District.
(Ord. 1978-73. Passed 10-5-78.)
1219.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.
The following schedule enumerates all main, conditional and accessory buildings and uses that are permitted in a Health Campus District.
Those buildings and uses that are permitted and regulated as main, conditional and accessory uses in this District are designated as an "M", "C" or "A", respectively, placed opposite the use and in the column under the district.
SCHEDULE OF PERMITTED BUILDINGS AND USES
Permited Buildings and Uses | Health Campus Districts |
(a) General hospital |
M |
(b) Emergency care facilities |
M |
(c) Medical arts building |
M |
(d) Senior Services |
C |
(e) Rehabilitation centers |
M |
(f) Out-patient care facility |
M |
(g) Voluntary health agencies |
C |
(h) Medically related educational facilities |
M |
(i) Medically related laboratories |
M |
(j) Manufacture, fitting and/or dispensing of prosthetic devices, eyeglasses and/or prescription drugs |
C |
(k) Health maintenance facilities |
C |
(l) Residential facilities for hospital personnel, security guards |
C |
(m) Parking lot |
M |
(n) Parking structures |
C |
(o) Any building or use supplemental or ancillary to the above listed uses |
C |
(p) Ambulance livery service |
C |
(q) Satellite receiving dish |
A(a) |
(r) Trash and material storage enclosed main building or in an approved structure. (Ord. 1991-131. Passed 10-13-91.) |
A |
(s) Licensed child day care center or adult day care facility. (Ord. 2017-54. Passed 7-6-17.) |
C(See Section 1226.02) |
(t) (EDITOR'S NOTE: Former subsection (u) was repealed by Ordinance 2003-26, passed April 17, 2003.) | |
(Ord. 2017-148. Passed 2-1-18.)
(a) See Section 1216.12. (Ord. 1991-131. Passed 10-13-91.)
(b) (EDITOR’S NOTE: Former subsection (b) was repealed by Ordinance 2017-54, passed July 6, 2017.)
(c) See Section 1216.09(b) for regulations.
(Ord. 1997-76. Passed 5-15-97.)
1219.04 MASTER PLAN AND DEVELOPMENT PLANS.
(a) In General. Development plans for each phase of the development shall be prepared and submitted for approval for all uses proposed in a Health Campus District in accordance with the regulations provided in Chapter 1220
.
(b) Master Plan. If the health campus involves more than one phase of development, prior to development and submission of development plans, as specified in Chapter 1220
, a master plan at a scale of not less than one inch equals 100 feet for the health care campus shall be presented and submitted to the Planning Commission. The plan shall conform to the criteria set forth in this and other chapters and shall include at least the following:
(1) Designation of land use by phase, including:
A. Location of the phases;
B. The range of uses or services in each phase;
C. The general design and development criteria for each phase;
(2) Design criteria for the overall site, including a landscaping and open space plan;
(3) An overall circulation access and traffic control plan;
(4) An overall utilities and services concept plan;
(5) An environmental assessment for each phase of the proposed level of development;
(6) Definitions of land use terms such as General Hospital, Emergency Care Facilities, etc.
The City departments receiving such plans shall review the master plan and report their findings to the Planning Commission which shall send a report of its action and one set of the master plan to the developer and to Council for its consideration and approval. The approved master plan shall be reviewed by Council at least every five years.
(c) Preliminary Development Plans. Following approval of the master plan, or if there is only one phase of development, fourteen prints of preliminary development plans shall be submitted to the Director of Planning, who shall deliver one set each of the prints to the Director of Inspections, Director of Engineering, Police Chief, Fire Chief and six sets to the Planning Commission. The preliminary development plans shall contain the information required for the master plan, modified and more detailed if necessary, and the following:
(1) Property lines and dimensions of the parcels proposed for development and the location of existing main buildings on adjacent lots and lots across the streets bounding the property to be developed;
(3) The size, location and nature of proposed signs; and
(4) Other plans deemed necessary to fully describe the development.
(d) Review of the Preliminary Plan.
(1) Director of Engineering. The Director of Engineering shall review all preliminary development plans for the development of a Health Campus District relative to location and construction of sanitary sewers, storm drains and all other utilities, improvements of parking and loading areas, drives and walks and all other site improvements, including grading and drainage, that normally are under the jurisdiction of City officials, and report to the Planning Commission with his recommendations.
(2) Police and Fire Chief. The Police and Fire Chiefs shall review all preliminary development plans relative to the proposed system of circulation of vehicular and pedestrian traffic and plans for traffic control, including emergency and public safety vehicles, width of drives, location and width of walks, the arrangement, number and size of proposed parking and loading spaces and the location and type of proposed outdoor lighting installations and external fire protection devices. The Police and Fire Chiefs shall report to the Planning Commission with their recommendations.
(3) Planning Commission.
A. The Director of Planning shall review such preliminary development plans to determine if they are in accordance with the provisions of this chapter. The Commission shall review the criteria for buildings, uses and lots and determine if the proposed lots or use (lot) clusters are appropriate. The Commission may relax or restrict certain of the requirements if it finds that amenities such as privacy, light and openness can thereby be improved through adaption to topographic conditions and for skillful design in the arrangement of buildings and uses, landscaping, driveways, parking areas or other site features. However, the Commission may require wider yards and additional fences and planting to improve the site plan and to protect adjoining development.
B. A report of the action by the Planning Commission and one set of the preliminary development plans shall be sent to the developer and to Council for action.
C. Approval by the Planning Commission and Council shall constitute permission to the developer to prepare and submit final plans for each stage of development according to Chapter 1220.
(e) Concurrent Submittal of Plans. Nothing contained in this chapter shall prohibit the concurrent submittal and approval of the master plan and the phase I preliminary development plans.
(Ord. 1988-71. Passed 6-16-88.)
1219.05 PERFORMANCE REGULATIONS.
Conditional uses shall conform to the regulations set forth in Chapter 1227. All permitted buildings and uses in a Health Campus District shall conform to the following regulations:
(a) No direct access to any facility or parking off any exterior road will be available. A maximum of two points of entry will lead from any exterior road to an external circulation system. Access to each facility will be from this internal circulation system.
(b) Drainage will follow existing regulations to minimize impact on the surrounding area. (Ord. 1991-132. Passed 10-3-91.)
(Ord. 2017-110. Passed 12-21-17.)
(d) Uniform signage will be implemented within the District.
(e) All parking for any facility will be provided within the District.
(f) All trash receptacles shall be located wholly within the main building or in an approved enclosed structure. Exterior trash enclosures shall be six feet in height with masonry walls on three sides with a solid gate or door on the forth side. Enclosures shall be designed to be compatible in design and material as the main building. Exterior enclosures shall be at least six feet from the main building and shall provide a setback from property lines equal to the required loading area setback. Where adjacent to residential districts, trash enclosures shall be further screened with a landscape buffer approved by the Planning Commission.
(Ord. 1991-132. Passed 10-3-91.)
1219.06 LOT AREA REGULATIONS.
Lots will be designated as clusters of or individual buildings and uses utilizing the development planning process specified in Section 1219.04, provided, however, that not more than thirty-five percent of the entire parcel shall be occupied by buildings. Minimum lot areas (clusters of buildings and use) shall comply with the following schedule.
SCHEDULE OF MINIMUM LOT AREA REQUIREMENTS
Main Building or Use Cluster | Lot Area - Minimum Acres |
Any permitted use | As set forth in the master plan and/or the development plan |
Any conditional use | As set forth in the master plan and/or the development plan |
(Ord. 1978-73. Passed 10-5-78.)
1219.07 LOT WIDTH REGULATIONS.
Every lot in a Health Campus District, occupied by a main building or use cluster shall have a minimum lot width of not less than the standard set forth in the following schedule.
SCHEDULE OF MINIMUM LOT WIDTH REQUIREMENTS
Main Building or Use | Main Width - Minimum Feet |
Hospital | 400 |
Medical arts building | 300 |
Other permitted uses | 300 |
(Ord. 1978-73. Passed 10-5-78)
1219.08 YARD REGULATIONS.
In a Health Campus District, front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use cluster in accordance with the preliminary development plans submitted pursuant to Section 1219.04.
The Planning Commission may require planting and/or a fence or wall where necessary to protect residential districts adjacent to a Health Campus District. Such planting and/or fence or wall may extend into a front yard but shall not be planted or constructed within fifteen feet of the planned right of way.
(Ord. 1978-73. Passed 10-5-78.)
1219.09 HEIGHT REGULATIONS.
Permitted buildings and uses in a Health Campus District shall not exceed the maximum heights provided in the schedule below.
Building or Use | Height (ft.) |
Hospital | 100 |
Medical arts building | 100 |
Wireless cellular and PCS communication towers | See Section 1216.09(d) |
Other permitted buildings | 50 |
(Ord. 1997-76. Passed 5-15-97.)