Westlake City Zoning Code
TITLE FIVE
Regulations Applying to All Use Districts
1220.01 DEVELOPMENT PLANS REQUIRED.
Development plan approval shall be required for all new development, site improvements or building additions in the zoning districts or uses listed below. Development plans shall be submitted to the Department of Planning by the owner of the premises or his representative (“applicant”) for review and approval by the Planning Commission of all development in Multi-family, Interchange Services, Shopping Center, General Business, Office Building, Executive Office Park, Recreation Business, Hotel/Motel, Exclusive Industrial, R-1F-Cluster, Planned Office, Planned Unit Development, Health Campus District, and Office-Laboratory Districts, for all parking facilities in an Automobile Parking District and for all uses and buildings in R-1F-80 and R-2F-100 Districts excluding one and two family buildings and houses. Where the applicant is not currently the owner, the applicant shall submit sufficient proof of legal ownership interest in said premises in the form of a purchase agreement, option to purchase, or other similar legal documentation as approved by the Director of Law.
(Ord. 2022-36. Passed 9-1-22.)
1220.02 SUBMITTAL OF CONCEPTUAL PLANS.
(a) Except for minor improvements, as determined by the Planning Department Director, the applicant shall submit seven (7) copies of the conceptual plans to the Planning Department for review and approval by the Planning Commission prior to submission of the development plan. The Planning Commission shall, within thirty (30) days of the submittal of a completed application by the applicant, review the conceptual plans for general conformance to the requirements of Part 12. The applicant shall attend all Planning Commission meetings at which the conceptual plans are being considered and shall make, if necessary, corrections, amendments or revisions and resubmit the revised conceptual plans to the Planning Department. After the conceptual plans are approved by the Planning Commission, the applicant shall submit development plans in accordance with Section 1220.04.
(b) The conceptual plans shall contain the following schematic information:
(1) Property lines and dimensions of the parcels proposed for development;
(2) Proposed main and accessory buildings, including size, location, and architectural building elevations;
(3) The location of existing main buildings on adjacent lots and across the streets bounding the property to be developed;
(4) The size, location, and nature of proposed signs;
(5) Site improvements including grading, drainage and landscaping;
(6) Residential density if applicable;
(7) The location of streets, parking and traffic circulation; and
(8) Other plans deemed necessary to fully describe the development.
(c) If the Planning Director deems the application to be minor improvements, the requirements of this section are waived and the applicant may instead submit the final development plan in accordance with Section 1220.04.
(Ord. 2025-26. Passed 6-5-25.)
1220.03 DEVELOPMENT PLAN REQUIREMENTS.
All development plans or parts thereof shall be prepared and submitted by a State licensed/registered professional such as an engineer, surveyor or architect. Development plans shall be drawn at a scale of not less than fifty feet to the inch and a plan for a division of a development of a group of lots and shall be drawn at a scale of not less than one hundred feet to the inch. The development plans shall include all of the following items, unless waived by the Director of Planning.
(a) Survey. A survey of the property including the permanent parcel numbers, land ownership and existing and proposed topography. Development plans shall also include a plat for the entire development area showing the street rights of way, easements, watercourses, retention basins, property line dimensions and bearings; surrounding streets and adjoining lots.
(b) Buildings and Structures. The location, size, height, use, general design, color and exterior facade material of all main and accessory buildings or structures and proposed fences or walls. The plans shall also indicate the location and outline of buildings on adjoining parcels of land.
(c) Floor Plans. Floor plans drawn to scale, dimensioned and labeled indicating the proposed uses of all building areas.
(d) Streets and Sidewalks. The proposed public and private system of circulation including: automobiles, delivery trucks, emergency vehicles and pedestrian details for connection to existing streets and rights of way; methods to control traffic, size and type of pavement, estimate of traffic volume and proposed names of any street.
(e) Parking and Loading Areas. The layout, location, dimensions and estimate of number of spaces, type of pavement, curbing, design features and landscaping.
(f) Utilities. Preliminary on-site utilities including water lines, fire hydrants, sanitary sewers and storm sewers, including easements and connection to existing or proposed utility service to the project.
(g) Outdoor Storage. The location and layout for all areas of all permitted storage or displays of any material, vehicle, waste material, products or container for storage including storage enclosures.
(h) Signs. The location, size, height, design and material for all signs to be placed on the property or the outside surfaces of all structures or vehicles on the property.
(Ord. 1988-64. Passed 6-16-88.)
(i) Landscaping and Exterior Lighting. The design and location of all existing vegetation and proposed landscaping areas, open spaces, retention areas, yards including taxonomic names and sizes of all proposed plant material; the location, height, design and specifications of exterior lighting as required in Section 1230.03. (Ord. 2017-110. Passed 12-21-17.)
(j) Buffering. The location, size, height and type of plantings and/or screening to be used in compliance with Chapter 1130
and/or plantings as may be required to satisfy the directives of the Planning Commission to separate, screen and/or protect adjoining property.
(k) Grading; Drainage. A topographic plan indicating existing and proposed grading, drainage, drainage structures, retention systems, ditches, drain sizes, easements and, if required, engineering documents and drainage calculations pursuant to Chapter 1111
.
(l) The applicant shall also submit a list of names and addresses of all property owners within 500 feet of the perimeter of the premises to be developed, prepared and certified correct by a title company doing business within Cuyahoga County.
(Ord. 1988-64. Passed 6-16-88.)
(m) Design. Design plans showing building style, list of exterior material, material samples, color renderings and other architectural and landscaping plans incorporating design elements required in Chapter 1237
.
(Ord. 2001-204. Passed 2-21-02.)
1220.04 SUBMITTAL OF FINAL DEVELOPMENT PLAN AND POST- SUBMISSION CONFERENCE.
(a) After the Planning Commission has approved conceptual plans pursuant to Section 1220.02, seven (7) complete sets of the development plans, pursuant to Section 1220.03, shall be submitted to the Planning Department accompanied by an application form, application fee and a letter describing the proposal. The Director of Planning or his assignees shall review the plans for completeness to the Zoning Code requirements. Within sixty (60) days of submittal, the Director or his assignee shall notify the applicant or his representative in writing, by letter or email, if the submitted plans are complete and accepted or shall send notice to the applicant or his representative in writing, by letter or email, if the submitted plans are incomplete and not accepted by the Department for Planning Commission review and action.
(Ord. 2025-26. Passed 6-5-25.)
(b) After said notice to the applicant or his representative that the submitted plans are incomplete and not accepted, the applicant or his representative shall have ninety (90) days from the date the notification is sent to complete the application and/or correct deficiencies identified by the Planning Department’s notification or the application shall be deemed incomplete and shall expire on the 90th day from the date of notification. In this event, the Planning Director or his assignee shall send notice, by letter or email, that the plans have expired by inaction on the part of the applicant or his representative. This section does not bar the applicant from submitting a new application in the future for the same development. A new application shall follow all procedures and requirements set forth in this code as if it were the original application including, but not limited to, the payment of all original application fees.
(c) Acceptance of the plan does not waive the right of the Planning Department or Planning Commission to request additional documentation, information or detail during their review. Development plans shall be distributed to applicable departments as determined by the Director for review and comment. Upon completion of Department review, the applicant may be requested to attend a post submission conference of department heads as the Director deems necessary. The Director of Planning shall notify the applicant of deficiencies in the submitted plan, compliance to the Zoning Code or other codes of the City, other development concerns and make recommendations which would improve the development plan. Recommendations by the Director of Planning are not exclusive or final. The Planning Commission may make additional recommendations or modifications as provided in Section 1220.05. After department review, the applicant may submit revised or amended plans to the Department for submission to the Planning Commission. (Ord. 2009-130. Passed 2-18-10.)
1220.05 PLANNING COMMISSION REVIEW AND MODIFICATION.
(a) After submittal of complete plans and review by the Planning Department for compliance to the Zoning Code pursuant to Section 1220.04, the Chairman of the Planning Commission shall place the development plan application on the Planning Commission agenda as soon as practicable after the plans have been determined to be complete according to the requirements of Section 1220.03. The Planning Commission shall review the plans taking into account the spirit and intent of the Zoning Code, the standards and requirements of the Zoning Code, the location of the proposal, the effect on the surrounding properties and the relationship of the proposal to the Guide Plan.
(Ord. 2009-130. Passed 2-18-10.)
(b) The Commission, in reviewing the proposed development plans for conformity to the provisions of the Zoning Code, may modify the strict application of the requirements therein including, but not limited to, adjustments to certain yards, area and other dimensioned requirements, parking standards, or design review requirements based on the performance standards of Section 1220.06. Modifications as to uses permitted within a particular district shall not be allowed. If the applicant requests modifications or reductions to one standard, the Planning Commission may recommend and request modifications to increase other standards to offset the applicant’s request. If modifications requested by either the Planning Commission or applicant are subsequently approved by the Commission, the modifications shall be made a part of the development plans and indicated on revised plans submitted by the applicant or such modifications shall be affixed to the development plans approved and signed by the applicant and chairman of the Commission. The applicant and/or his/her assigns shall be bound by such modifications and conditions affixed and/or made a part of the approved development plan.
(Ord. 2024-23. Passed 6-6-24.)
1220.06 PERFORMANCE STANDARDS.
Modifications to development plans pursuant to Section 1220.05 shall incorporate the following performance standards:
(Ord. 2024-23. Passed 6-6-24.)
(a) Modifications to setbacks, height, parking spaces or lot coverage shall not increase the overall amount of building square footage or intensity of use that could otherwise be developed on a parcel.
(b) Modifications shall not be made which would permit a greater density of multifamily units or permit multifamily units in an area not zoned for such use.
(c) Modifications for dimensional standards in the Zoning Code should be designed to provide better utilization of the land and offset by greater standards in other areas of the Zoning Code.
(d) Modifications may be considered due to unique conditions of the parcel, building, design, parcel size, parcel location, topography, adjacent uses of proposed use of the parcel.
(e) Modifications shall be designed to protect the desirable characteristics of both existing and planned development as adjacent properties.
(f) Modifications shall promote the desirable and beneficial use of the land and promote the economic development of the City.
(g) Modification shall maintain convenient and safe access to properties and buildings.
(h) Modifications shall promote greater effective open space buffering and landscaping by careful location of buildings relative to adjacent buildings or site features.
(Ord. 1988-64. Passed 6-16-88.)
1220.07 APPROVAL OF DEVELOPMENT PLANS.
(a) Within ninety (90) days from the date of the Commission meeting at which all required plans and data were first considered by the Planning Commission, the Commission shall either approve the submitted plan, approve a modified development plan or disapprove the development plan, unless the applicant shall consent to an extension of the time limitation. In the event the applicant chooses to withdraw the application, the time limitations of this section shall only apply if such application is later presented to the Planning Commission as required herein. If the applicant withdraws the application they have a ninety (90) day period to request to be placed on a future meeting of the Planning Commission and they may provide revised or additional material to be re-heard by the Planning Commission. After this ninety (90) day period, if the applicant has not requested to be heard, the application shall expire and be null and void.
(b) If the Planning Commission disapproves the development plans, the Planning Commission shall indicate in the minutes with particularity, the reason for disapproval. Upon approval by the Planning Commission, the development plan shall be submitted to Council for confirmation. Council may make modifications under the same procedure and requirements followed by the Planning Commission under Sections 1220.05 and 1220.06. Action by Council shall be deemed to be final. (Ord. 2009-130. Passed 2-18-10.)
1220.08 APPLICATION FOR BUILDING PERMIT.
Upon approval by the Planning Commission and Council, the developer may then apply for a building permit. Building plans, engineering plans and all construction drawings shall comply with the approved development plans and other applicable regulations of the City.
(Ord. 1988-64. Passed 6-16-88.)
1220.09 REVISION; LAPSE OF APPROVAL.
Except for minor revision, as determined by the Director of Planning, the development plans may be revised by the developer and resubmitted through the same procedure required for the original development plan. Minor revisions which do not require further modification or variance and which conform to the zoning requirements may be accepted and approved by the Director of Planning. In such cases, the Planning Commission shall be notified of such decision at the next regular meeting.
Failure to obtain a building permit and begin the construction of the improvements approved in the development plan within one year after Council's approval shall make null and void the development plan as approved unless an extension of time is granted by Planning Commission and approved by Council. The filing of a written request with the Planning Commission for an extension of approval shall toll the running of the one-year period and any approval or disapproval of an extension shall relate back to the date of the letter requesting the extension.
(Ord. 1988-64. Passed 6-16-88.)
1220.10 DEVELOPMENT PLANS AS AFFECTED BY PENDING CHANGE IN ZONING CLASSIFICATION DISTRICT.
The Department of Planning shall not process beyond initial review, a submission of any development plan concerning property, which, prior to the submission, in whole or in part, becomes the subject of legislation introduced by Council or submitted to the Clerk of Council by initiative petition, and which legislation if passed, and on its effective date, would change the classification of the zoning district in which such property is located so as to make the proposed development or use nonconforming or not permitted. In such a case, the Director of Planning after preserving a copy of same shall return the application together with a refund of any fees paid or deposited and advise the applicant of the proposed legislation and the provisions for later submittal. If the proposed legislation has not been passed or is not effective following the expiration of four months from the date the development plan was first presented for submittal, then the applicant, subject to the provisions of the following sentence, shall be permitted to submit the development plan provided it is identical in all respects to the development plan first presented. If the proposed legislation was introduced by initiative petition, becomes the subject of a referendum or otherwise is submitted to a vote of the electorate at an election, the right to submit a development plan previously presented for processing but returned in accordance with this section shall not be available to the applicant until the date the Board of Elections certifies the results of the election.
(Ord. 1991-139. Passed 11-21-91.)
1220.11 NON-TOLLING OF ZONING ORDINANCES.
The submittal of a development plan shall not toll or extend any of the provisions of this Zoning Code. However, a development plan approved by Council shall not be affected by a subsequent amendment to the Zoning Code.
(Ord. 1991-140. Passed 11-21-91.)
1221.01 PURPOSE.
Off-street parking and loading requirements and regulations are established in order to achieve, among others, the following purposes:
(a) To relieve congestion so the streets can be utilized more fully for movement of vehicular traffic;
(b) To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movements in the vicinity of intensive pedestrian traffic;
(c) To protect adjoining residential neighborhoods from on-street parking;
(d) To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments which depend upon off-street parking facilities; and
(e) For such purposes to provide regulations and standards for accessory off-street parking and loading facilities in accordance with the objectives of the Guide Plan of the City.
(Ord. 1969-169. Passed 7-16-70.)
1221.02 INTERPRETATION.
Accessory off-street parking and loading facilities shall be provided as a condition precedent to occupancy of all residential, institutional, recreational, places of assembly, business, office, research and industrial uses in conformance with the provisions of this chapter as follows:
(a) Whenever a building is constructed or a new use established;
(b) Whenever an existing building is altered and there is an increase of the number of dwelling units, seating capacity or floor area of a building; and
(c) Whenever the use of an existing building is changed to a use which requires more off-street parking facilities, except that certain nonconforming uses may continue as provided in Section 1225.03, Nonconforming Use of Buildings.
(Ord. 1969-169. Passed 7-16-70.)
1221.03 MEASUREMENT UNITS.
For the purpose of determining the off-street parking and loading facilities required as accessory to a use definitions and standards for measurement are established as follows:
(a) "Floor area; parking requirements" means the total area of all the floors of the building used by the principal activity as enumerated in the Schedule, Section 1221.05, measured from the exterior faces of the building. Basement areas or other floors or parts thereof, designed, arranged or used exclusively for accessory storage or similar uses, may be excluded from the floor area.
(b) "Floor area; loading requirements" means the total floor area used for the main and accessory activities and storage areas of the building served.
(c) "Seating capacity" means the number of seating units installed or indicated on plans for places for assembly; where not indicated on plans, it shall be assumed that a seating unit will occupy six square feet of floor area exclusive of all aisles or areas used for assembly.
(d) "Employees" wherever the parking requirement is based on employees, means the maximum number of employees on duty on the premisess at one time or on any two successive shifts, whichever is the greater.
(Ord. 1969-169. Passed 7-16-70.)
1221.04 APPLICATION AND DESIGN.
(a) Application for Providing Facilities. An application for a permit to construct a building or parking area or for a certificate of occupancy for a change in use of land or a building, shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area and loading facilities to be provided in compliance with the provisions of this Zoning Code.
(b) Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement units in Section 1221.03
, the standards for designing parking areas in subsection (c) herein, the Schedule of accessory parking requirements for the various uses in Section 1221.05
and any other applicable provisions of this Zoning Code. Where the computation results in a fractional space in excess of one-half, it shall be counted as one additional required space.
(c) Design Standards. The plan of the parking spaces of a parking area included with an application to construct a building or parking area or change in use, shall be designed, dimensioned and the number of spaces determined in accordance with the drawing entitled Standards for Designing Parking Areas, which is a part of this Zoning Code. Design standards for enclosed parking areas, garages, shall be in accordance with other provisions of the Zoning Code.
 |
1221.05 SCHEDULE OF PARKING REQUIREMENTS.
The number of off-street parking spaces for each permitted use shall be not less than provided in the following schedule unless modified in other sections of this Zoning Code:
Building, Use or Activity | Minimum Spaces Required |
(a) Residential. | |
(1) One-family and Two-family dwellings | 2 spaces per dwelling unit, of which not less than one space per unit shall be enclosed |
(2) Cluster, townhouse and multi-unit buildings | 2 spaces per dwelling unit, of which not less than one space per unit shall be enclosed and open guest parking of which not less than one space per every four dwelling units. (Ord. 2023-6. Passed 4-20-23.) |
(3) Rented rooms | 1 space per rented room plus 1 space per resident family |
(4) Hotel, motels | 1 space per rental unit plus 1 space for each employee (see also the requirements of subsections (b)(4) and (d)(2)) (Ord. 1990-27. Passed 4-5-90.) |
(5) Senior Service residence | 1 space per each 3 dwelling units in multi-unit building plus 1 space per each dwelling unit in other dwelling types (Ord. 2023-6. Passed 4-20-23.) |
(b) Community Facilities. | |
(1) Governmental. Municipal, County, State and Federal buildings, principally administrative functions | 1 space per 4 seats of area used for public assembly, plus 1 space for each 2 employees; plus 1 space per 500 sq. ft. of other parts of the building |
(2) Civic. Art galleries, libraries, museums, churches, club and community centers | 1 space per 3 seats of seating capacity of largest area used for assembly, plus 1 space for each 2 employees |
(3) Educational. Public and private, primary and secondary schools | 1 space per 3 seats of seating capacity of largest area used for public assembly, plus 1 space per full-time faculty and staff member |
(4) Places of Assembly. Auditoriums, lodge halls, theaters, gymnasiums and stadiums | 1 space per 3 seats of seating capacity of area used for assembly |
(5) Health and welfare. | |
(a) General and special hospitals | 1 space per 2 beds, plus 1 space for each 2 employees |
(b) Nursing home | 1 space per each 3 patients, plus 1 space for each 2 employees |
(c) Recreation; Community and Commercial. | |
(1) Skating rink, swimming pools | 1 space per 50 sq. ft. of the area devoted to recreation activity and to spectators |
(2) Racquetball, handball, tennis courts | 4 spaces per court |
(3) Playing fields | 1 space per 4000 sq. ft. of area devoted to play field and 1 space per 3 seats of seating capacity of area used for assembly |
(4) Bowling alleys | 6 spaces per lane |
(5) Golf driving ranges | 3 spaces per tee |
(6) Offices in the same building as a main recreation business use | 1 space per 200 sq. ft. of floor area |
(Ord. 1990-27. Passed 4-5-90.) | |
(7) Gymnastics, gymnastics training school and fitness center | 1 space per 225 sq. ft. of floor area |
(Ord. 2016-68. Passed 9-1-16-.) | |
(8) Storage of goods on premises | No requirement presently in force |
(9) Snack bar | 1 space per 50 sq. ft. of indoor customer service area |
(10) Pro shop | 1 space per 200 sq. ft. of floor area |
(11) Party room | 1 space per 50 sq. ft. of floor area |
(12) Game room | 1 space per 50 sq. ft. |
(d) Business and Offices. | |
(1) Retail stores, services | |
A. Less than 4000 sq. ft. per unit | 1 space per 200 sq. ft. of floor area |
B. 4000 to 10,000 sq. ft. per unit | 20 spaces, plus 1 space per 150 sq. ft. of floor area over 4000 sq. ft. |
C. 10,000 sq. ft. or greater per unit | 60 spaces, plus 1 space per 125 sq. ft. of floor area over 10,000 sq. ft. |
(2) Places serving food and drinks | 1 space per 50 sq. ft. of indoor customer service area or 1 space per two seats, whichever is greater |
(3) Offices | |
A. Medical and dental offices | 5 spaces for each doctor and/or dentist or 1 space per every 250 sq. ft., whichever is greater |
B. All other offices, above and below first floor | 1 space per 300 sq. ft. of office floor area |
C. Office floor area on first floor | 1 space per 250 sq. ft. of office floor area |
D. Executive Office Park buildings sharing common drives and parking facilities | floor area greater than 50,000 sq. ft. plus one landbanked parking space for each six parking spaces so required. Landbanked spaces shall not be located in the required parking setbacks or required landscape areas. For office floor area below 50,000 sq. ft. standards in (3)A., B. and C. above shall apply |
(4) Mortuaries | 1 space per 30 sq. ft. of assembly rooms, or 1 space per each 4 seats whichever requires the greater number, but in no case, shall there be less than 20 spaces |
(5) New Automobile Sales Agencies | 1 space for each 200 square feet of building area |
(e) Service and Manufacturing. | |
(1) Wholesale, distribution, laboratories, general services, machine shops, manufacturing plants | 1 space per 1.5 employees on the two largest successive shifts, or 1 space per every 350 sq. ft. of building area, whichever is the greater (see also, Sec. 1221.08(
d)) |
(2) Wineries, microbreweries and distilleries | 1 space per employee on the largest working shift |
(Ord. 2017-121. Passed 2-15-18.)
(f) Other Buildings or Uses. For specific buildings or uses not scheduled above, the Director of Planning shall apply the unit of measurement set forth in the schedule in this section which is deemed to be most similar to the proposed building or use.
(Ord. 1990-27. Passed 4-5-90.)
(Ord. 1990-27. Passed 4-5-90.)
(g) (l) Drive-in/drive-thru Facilities. Drive-in/drive-thru facilities serving or selling food and drinks shall provide not less than either one space per 50 square feet of indoor customer service area, one space per two seats, or one space per 100 square feet of floor area, whichever is greater.
(2) Drive-in/drive-thru windows, pick-up and control stations, ticket booths and similar facilities shall provide spaces in a waiting line to accommodate at least six vehicles on the lot occupied by the facility. Driveways to such service and parking areas shall be located in accordance with the provisions of Section 1221.11.
(Ord. 2018-71. Passed 9-20-18.)
(Ord. 2018-71. Passed 9-20-18.)
1221.06 MODIFICATIONS OF REQUIREMENTS.
(a) Parking for Single and Mixed Uses. A building occupied by one use shall provide the off-street parking spaces as required for the specific use. A building or group of buildings, occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spacess if required for each use. For a large unit development of business uses, such as a shopping center or office building complex, spaces shall be provided for the total area of the building or buildings as set forth in the Schedule, Section 1221.05, instead of the requirements based on separate uses.
(b) Joint Use of Parking Facilities. Institutions, places of amusement or assembly, items enumerated in Section 1221.05, subsections (b), (c)(4) and (c)(5), may make arrangements with business establishments which normally have different hours of operation for sharing up to, but not more than fifty percent of their requirements in abutting parking areas which are accessory to such business uses, provided that an area shall be reserved for the full number of spaces required in the event an agreement to share spaces is terminated. Where there is a sharing of facilities by different owners or tenants, there shall be a written agreement covering a period of time as may be required by the Planning Commission. Should any of the uses be changed or the facilities discontinued, the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of such building or buildings.
(Ord. 1988-73. Passed 6-16-88.)
1221.07 CONTINUATION OF FACILITIES.
Required off-street parking and loading facilities accessory to an existing use on the effective date of this Zoning Code, and those required as accessory to a use created or a building constructed or altered thereafter, shall be continued and maintained in operation, shall not be used for any outdoor purpose other than parking and shall not be reduced below the requirements during the period that the main use is maintained.
(Ord. 1969-169. Passed 7-16-70.)
1221.08 LOCATION OF FACILITIES.
Accessory parking facilities shall be provided at locations as set forth in this chapter except as may be modified by the provisions in other chapters of this Zoning Code.
(a) Residential Districts and Uses. Required off-street parking facilities shall be located on the same lot as the dwelling unit to which they are accessory; in addition, in all Multi-Family Districts, the parking facilities shall be located within a walking distance of 200 feet of the building entrance of the dwelling unit to be served.
(1) In all residential districts, not less than one off-street parking space per dwelling unit shall be completely enclosed.
(2) In R-MF-40 Districts each townhouse dwelling unit shall have one enclosed parking space attached to or constructed as part of the dwelling unit and shall front upon a dedicated street. All other required off-street parking spaces shall be located not more than 200 feet from a dedicated street as measured along the access drive.
(3) In R-MF-24 and R-MF-15 Districts all required parking spaces shall be not further than 500 feet from a dedicated public street as measured along the access drive to that space.
(4) In R-MF-15 Districts all required enclosed parking spaces shall be provided in either an underground garage or garages or a surface garage or garages, designed so that not more than one entrance and/or one exit shall be provided for every twenty parking spaces in the garage and provided further that there shall be not less than 300 square feet of garage area for each enclosed garage space.
(b) Amusement and Assembly Uses. Parking facilities shall be located on the same lot as the institution, place of amusement or assembly to which it is accessory, enumerated in Section 1221.05
, subsection (b).
All parking areas and driveways serving the uses covered in this subsection shall be further regulated in relation to any adjoining residential district lines as may be set forth in other sections of this Zoning Code.
(c) Business and Office Uses. Parking facilities shall be located on the same lot as the main use served in all business districts.
All parking areas and driveways serving the uses covered in this subsection shall be further regulated in relation to any adjoining district lines as may be set forth in other chapters of this Zoning Code.
(d) Industrial Districts and Uses. Accessory parking facilities shall be provided on the same lot as the main use served in industrial districts.
Wherever the application of the standards set forth in Section 1221.05
, subsection (e), as to number of employees, results in fewer parking spaces than required by the application of such standard as to the square feet of a building, the Director of Inspections may permit the construction of the lesser number of spaces if the additional area required to provide the number of spaces under the square feet of a building standard is reserved and held as an open area, along with all required yard areas, for future construction of parking spaces until the use of the building is changed to a classification having a greater number of employees in relation to the building area.
(Ord. 1969-169. Passed 7-16-70.)
1221.09 IMPROVEMENTS OF PARKING AREAS.
Parking areas and access driveways shall be designed, constructed, altered, graded and maintained as follows:
(a) Grading and Pavement. Parking areas and access driveways shall be so graded and drained so as to dispose of all surface water and drainage shall not be allowed to flow across a public sidewalk or onto adjacent properties. The areas and driveways shall be improved with bituminous or Portland cement pavement, in accordance with the standards established by the Building Code.
(b) Design of Areas. Parking areas shall be so arranged and marked to provide for orderly and safe parking and storage of vehicles in accordance with the design standards mentioned in Section 1221.04
(c) and shall be so improved with bumper guards or curbs to define parking spaces or limits of paved areas, except at entrances and exits, so as to prevent encroachment of vehicles into adjacent areas, public ways or setback as required by regulations for certain districts or by provisions in other sections of this Zoning Code.
(c) Signs. Signs located on or related to parking areas shall be permitted as provided in Chapter 1223
.
(Ord. 1969-169. Passed 7-16-70.)
1221.10 EXTERIOR LIGHTING FOR PARKING AREAS.
Parking areas shall be illuminated in accordance with Section 1230.03.
(Ord. 2017-110. Passed 12-21-17.)
1221.11 DRIVEWAYS TO PARKING AREAS.
The location, width and number of driveways serving off-street parking facilities shall be planned in such a manner as to interfere as little as possible with the use of adjacent property and the flow of traffic on the street system.
(a) Driveways/parking for One-Family and Two-Family Dwellings. Driveways and associated off-street parking areas shall be provided for residences in accordance with the following standards:
(1) Driveway/parking shall consist of an improved surface of concrete, asphalt or brick.
(2) Driveway/parking shall not cover more than fourteen percent (14%) of an entire lot nor shall they cover more than thirty-five percent (35%) of front yard.
(3) Driveway/parking shall be located in accordance with the following regulations and Section 1221.11(b):
A. The location shall be approved by the Engineering Department.
B. The location may be in a required front, side or rear yard in accordance with the following regulations:
a. Vehicles shall not be parked:
i. On lawns or other unpaved areas.
ii. Where they extend over any portion of a lot line or public sidewalk.
iii. Within an unobstructed sight zone.
b. The location of parking areas shall typically be in front of and not wider than the garage for the residence with the maximum width of the driveway limited to 20 feet when not within 25 feet of the garage.
c. The rear yard shall not be paved for parking unless it is also the location of a garage.
d. Ancillary parking is permitted on circular driveways and/or on parking pads adjacent to driveways.
i. Parking pads shall not be located within side yard setbacks.
ii. Parking pads are limited to one per property for a maximum of two vehicles,
(b) Illustrative Driveway/Parking Layouts.
(1) Driveway/parking-examples of permitted layouts.
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(2) Driveway/parking - examples of layouts that are not permitted.
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(c) Driveways for Uses Other than One-Family and Two-Family Dwellings. Driveways to parking areas shall be provided for all permitted uses according to the standards set forth in the following schedule:
Number of Drives | |||||
Number of Parking Spaces Served | Distance from Center Line of Access Drive to Right of Way at Nearest Intersecting Street (ii) | Min. | Max. | Minimum Number of Access Lanes | Minimum Distance Between Center line of Drives (ii) |
19 or less | 40 | 1 | 2 | 1 | 50 |
20 to 59 | 40 | 1 | 2 | 2 | 50 |
60 to 299 | 100 | 1 | 2 | 2 | 50 |
300 to 999 | 150 | 1 | 2 | 3 | 100 |
100 to 2999 | 200 | 2 | 3 | 6 | 10 |
3000 and over | 300 | 3 | 4 | 10(i) | 200 between 2 four-lane drives 100 between all other drives |
(i) The Planning Commission may require these distances to be increased in order to minimize interference with the flow of traffic on dedicated streets.
The Commission may permit a decrease in the required distances if in the opinion of the Commission such decrease will not unduly interfere with the flow of traffic on dedicated streets.
(ii) At least four of the required lanes shall be provided on one divided drive.
Access drives to parking areas of 1,000 - 2,999 spaces shall extend into the parking facility a distance of not less than 100 feet from the planned street right of way with a solid curb or other barrier on each side of the drive.
Access drives to parking areas of more than 3,000 spaces shall extend into the parking facility a distance of not less than 150 feet from the planned street right of way with a solid curb or other barrier on each side of the drive.
Parking facilities shall be designed so that all vehicles may be driven forward into the street. This provision shall apply to all permitted uses in all use districts except for one-family and two-family dwellings located on local residential streets. One- family and two-family dwellings located on streets designated as major streets or arterial streets as shown on the City Thoroughfare Plan or Guide Plan shall comply with this provision.
The width of driveways to parking areas measured at the street property line (right of way) shall not exceed four lanes in width and shall conform to the following schedule. In the case of a four-lane drive, the lanes shall be designed as two adjacent entrance and exit lanes divided by a barrier a minimum of six feet wide.
Width of Driveway | ||
Number of Lanes In Drive | Minimum (in feet) | Maximum (in feet) |
One lane | 10 | 12 |
Two lanes | 20 | 24 |
Three lanes | 30 | 34 |
Four lanes | 40(iii) | 46(iii) |
(iii) Plus a minimum six-foot divider.
In Executive Office Park Districts there shall be no more than two access drives to a public street per twelve-acre development area.
(Ord. 2015-71. Passed 6-18-15.)
1221.12 ACCESS TO PROPERTY, INTERCHANGE SERVICES DISTRICT.
(a) In an Interchange Services District no access street or driveway shall be located less than 600 feet from the intersection of a freeway ramp with any thoroughfare, unless a marginal road is planned for by providing a setback greater than required. Access to an existing residential use may be continued for the duration of such use.
Access driveways shall be limited to two for each lot containing a business use and shall be established as follows:
(1) The width of the permitted access driveways shall be not greater than twenty-four feet;
(2) The apron of such driveway shall be delineated by a curb of twenty feet radius;
(3) The curb shall be continued or another suitable barrier shall be provided along the road frontage between access points to prevent unchanneled vehicular ingress or egress. The location of an access driveway adjacent to a side lot line is encouraged, so that when adjoining lots are developed, a joint two-way access is created and maintained.
(b) If a plan is submitted for the comprehensive development of contiguous lots having a total frontage of not less than 600 feet in an Interchange Services District, and incorporating a marginal service road or parallel service road combining the access of several developments or other approved facilities with controlled access points not less than 600 feet apart, the Planning Commission may:
(1) Approve such plan with reductions in required minimum lot widths to 150 feet and side yards to ten feet (except adjacent to residential districts);
(2) Approve such plans as provided in subsection (a) herein with temporary accesses to individual sites for a limited period, until the overall development is completed according to the approved plan.
(Ord. 1969-169. Passed 7-16-70.)
1221.13 LOADING FACILITIES.
Accessory loading and unloading facilities shall be provided as a condition precedent to occupancy of all business, service and industrial buildings hereafter erected and altered to such uses. Such facilities shall be maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this chapter.
(a) Allocation of Use. Space required and allocated for any off-street loading shall not, whole so allocated, be used to satisfy the space requirements for off-street parking. An off-street loading space shall not be used for repairing or servicing of motor vehicles, and it shall be available for its designated purpose when needed.
(b) Location of Facility. In an industrial district, a loading space or loading dock shall not be permitted in a front yard or constructed on any part of the front face of a building. A loading space or loading dock may be constructed on a side face of a building provided the loading dock is located at least fifty-five feet away from the front face of the building as measured from the side of the loading dock closest to the front face of the building to the closest part of the front face of the building. A loading space or loading dock may be located on the rear face of a building. In all situations, a loading space or loading dock shall be in accordance with side or rear yards as required for parking areas in Section 1218.04
. In a business district a required loading space shall be permitted as provided in Section 1216.06
.
(c) Access Driveways. Each required off-street loading space shall be designed for direct vehicular access by means of a driveway or driveways, to a public street in a manner which will least interfere with traffic movements. The access shall be located so that the driveway center line shall be not less than forty feet from the nearest intersecting street line.
(d) Improvements. All accessory off-street loading spaces shall be improved as required for parking areas as set forth in the Building Code.
(e) Minimum Size Criteria. Each required off-street loading space for buildings less than 20,000 square feet in gross floor area shall be at least ten feet wide by at least twenty-five feet in length. Each required loading space for a building of 20,000 square feet or more of floor area shall be not less than fourteen feet wide by sixty feet in length. The above areas shall be exclusive of the maneuvering space and each space shall have a vertical clearance of at least seventeen feet.
(f) Schedule of Required Loading Facilities. Buildings of less than 5,000 square feet of floor area shall be provided with sufficient off-street loading facilities so that a truck will not obstruct a public right of way. Buildings of 5,000 square feet or more shall be provided with accessory off-street loading spaces as follows:
Building, Use or Activity | Gross Floor Area of Building (in square feet) | Required Minimum Number of Spaces |
Retail stores, all types | 5,000 to 10,000 | 1 |
10,000 to 40,000 | 2 | |
40,000 to 100,000 | 3 | |
Printing, publishing warehouses, storage establishments | 5,000 to 40,000 | 1 |
40,000 to 100,000 | 2 | |
Servicing, cleaning, repairing, testing or manufacturing establishments | 5,000 to 40,000 | 1 |
40,000 to 100,000 | 2 | |
each additional 100,000 | 1 additional space | |
If a proposed use does not require the number of loading spaces as provided in the above schedule due to the nature of the business or industrial use, the Director of Inspections may permit the construction of a lesser number of spaces, provided however, the additional area required to provide the number of spaces in the schedule shall be reserved and held as open area (along with all required yards) for future construction of loading spaces in the event the use of the building is changed to require the additional loading spaces.
(Ord. 1987-91. Passed 6-18-87.)
1221.14 APPROVAL OF FACILITIES.
Detailed drawings of accessory off-street parking and loading facilities shall be submitted to the Planning Commission for review and approval in accordance with all the provisions of this chapter and where applicable with the provisions of Chapter 1220.
(Ord. 1969-169. Passed 7-16-70.)
1221.15 ACCESS TO BUSINESS AND INDUSTRIAL DISTRICTS.
No access driveways or walks shall be permitted in or through any residential area to gain ingress or egress to land or buildings in a business or industrial district.
(Ord. 1971-20. Passed 6-17-71.)
1222.01 DEFINITIONS.
As used in this chapter:
(a) "Helicopter" means an air-borne vehicle used for the transportation of personnel or material whose support in flight is derived from a vertical lift or force produced by the mechanical rotation of an air-foil or wing about an approximately vertical axis.
(b) "Heliport" means an area on land or a structural surface which is used or intended for use, for the landing and taking-off, refueling, repairing, maintenance or storage of helicopters.
(c) "Helistop" means an area of land or a structural surface that is used or intended for use for the landing and taking-off of helicopters. No refueling, maintenance, repairing or storage is permitted.
(Ord. 1969-169. Passed 7-16-70.)
1222.02 PERMITTED LOCATIONS.
A heliport or helistop may be permitted within an industrial district or a Shopping Center District if a conditional use permit is granted as provided in Chapter 1227.
(Ord. 1969-169. Passed 7-16-70.)
1222.03 APPROACH ZONES.
There shall be a minimum of two approach paths to a heliport or helistop, the center lines of which may be no less than ninety degrees apart, and which shall be free of obstructions to provide a glide slope of eight to one, eight feet horizontal measurement to one foot vertical measurement. These approach zones shall be 500 feet wide at 500 feet above the elevation of the heliport or helistop, and taper down to the width of the heliport or helistop at the heliport or helistop elevation.
(Ord. 1969-169. Passed 7-16-70.)
1222.04 TAKE-OFF AND LANDING.
No person shall land or take-off a helicopter anywhere in the City other than at an approved heliport or helistop, except in the case of an emergency where permission to take-off must be obtained from the Chief of Police. The Chief may approve the landing or take-off of a helicopter at different areas approved by him or his representative, on an individual basis in cases of emergency, public ceremony or public necessity.
(Ord. 1969-169. Passed 7-16-70.)
1222.05 MINIMUM SPECIFICATIONS.
Every heliport or helistop built at ground level shall have a hard surfaced or grassed area, be provided with good drainage and be free of dust, gravel or other loose material. It shall be not less in length, width or diameter than twice the overall length of any helicopter landing or taking- off. In no instance shall this area be smaller than 100 feet in diameter or in length of the shortest dimension of a rectangular area. This area shall be free of trees, wires or other obstructions, reserved for the exclusive use of landing or taking-off of helicopters and enclosed with a permanent fence at least three feet high.
Rooftop heliports or helistops shall be a minimum of forty feet in diameter or in length of the shortest dimension of a rectangular area and shall be designed and constructed so that the building will support the dead load of the structure, plus the actual weight of the heaviest loaded helicopter to be used.
A rooftop heliport or helistop must be designed to support concentrated loads on any one square foot equal to three-quarters of the gross weight of the heaviest helicopter to be accommodated.
The structural design of all buildings supporting a heliport or helistop shall be in accordance with the Building Code unless otherwise specified in this chapter.
(Ord. 1969-169. Passed 7-16-70.)
1222.06 CONSTRUCTION MATERIAL.
On buildings supporting a heliport or helistop, construction shall be incombustible. The touchdown surface and adjacent area shall be covered with an impervious and incombustible material. It shall be free of loose material that may be blown out during helicopter operations.
(Ord. 1969-169. Passed 7-16-70.)
1222.07 SAFETY PRECAUTIONS.
Heliports or helistops constructed and operated in the City shall comply with the following requirements:
(a) The touchdown area shall be marked as prescribed by the Federal Aviation Agency. The numerals of the maximum weight allowable for use of the facility shall be provided so as to be conspicuous to pilots. A border one foot wide shall be provided around the edge of the touchdown area.
(b) The touchdown or landing areas on rooftops shall be elevated or provision shall be made for the collection of fuel that may be spilled in an emergency.
(c) There shall be at least two exits, remote from each other, on a rooftop heliport or helistop. These exits shall connect with the floor immediately below and shall be enclosed.
(d) There shall be at least two approved dry-powder-type fire extinguishers of at least twenty pound size. These shall be located remotely from each other. One of these may be substituted for a carbon dioxide-extinguisher with the permission of the Fire Chief.
(e) Heliports and helistops shall be provided with an acceptable wind indicator or windsock.
(f) No heliport or helistop shall be permitted near a high-tension power line.
(g) No fuel may be stored at a helistop.
(h) Smoking shall not be permitted in a heliport or helistop area.
(Ord. 1969-169. Passed 7-16-70.)
1222.08 YARD REGULATIONS.
(a) Front Yard. A heliport or helistop shall not be located in a required front yard.
(b) Side and Rear Yards. A heliport or helistop may be located in a side or rear yard provided that the required eight to one glide slope requirement is met in a 360 degree arc extending to the altitude equal to the height of the highest building in the immediate area. The glide slope measurement shall be made from the top of the perimeter fence.
The Planning Commission and Council shall take into consideration the effect of the glide slope on adjoining undeveloped land.
(Ord. 1969-169. Passed 7-16-70.)
1223.01 PURPOSE OF REGULATIONS AND REPEAL OF OTHER PROVISIONS.
(a) In the interest of promoting the general health, safety and welfare of residents of Westlake, these sign regulations are herein established to provide for the placement, location and size of signs in a sensible manner.
As more specifically set forth herein, the purposes of these sign regulations are to:
(1) Promote and maintain attractive, high value residential, commercial and industrial districts by preventing the blighting influence of excessive signage.
(2) Provide reasonable, yet appropriate, conditions for identifying residential developments, institutions, businesses and industrial establishments.
(3) Control the size and location of signs so that signs will be aesthetically harmonious with their surroundings and the design of adjacent buildings.
(4) Control the number of signs in order to provide an attractive and uncluttered environment.
(5) Eliminate any conflict which would be hazardous between identification signs and traffic control signs and devices.
(6) Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment by discouraging signs which are confusing and distracting due to the number of colors, size, location, or glare of lights, thereby preventing hazards to pedestrians and motorists.
(7) Provide review procedures which enable the City to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings.
(8) Provide for the control of temporary signs to avoid the unsafe conditions and blighting influence of excessive and/or deteriorating temporary signage.
(9) Prohibit all signs not expressly permitted by this Code.
In establishing these purposes, the City has determined that signs which do not comply with these regulations (type, size, location, and limitation on the number of signs) are a public nuisance and are a detriment to the general health, safety and welfare of the community. Unregulated signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public.
Signs shall be designed, erected, altered, reconstructed, moved or maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
The construction, erection, safety and maintenance of all signs shall be also in accordance with the provisions of the Building Code (See Part Thirteen, the Building Code, Chapter 1301 et seq.). The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing trafffic signs within the City.
(Ord. 2002-47. Passed 5-2-02.)
1223.02 CLASSIFICATION OF SIGNS.
For the purposes of these regulations, a sign is defined as and shall include any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, institution or business by means of letters, words, designs, colors, symbols, insignia, flags, pennants, banners, fixtures, works, models, balloons, inflatable items, images or illuminations. Signs shall be further classified by physical design or structure, and function or purpose based on the following:
(a) Physical Characteristics.
(1) "Animated sign" means any sign that uses movement or change of lighting including revolving, rotating, whirling, spinning and flashing to depict action or create a special effect or scene. Animation shall be considered any change or movement more frequent than once per twenty-four hours.
(2) "Awning sign" means a sign painted on, printed on, embossed, or attached against the surface of an awning. An awning is defined as a rooflike structure projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. (See Section 1223.03
(a)(5) for the computation of sign area).
(3) "Banner sign" means a sign constructed of fabric or any nonrigid material with no enclosing framework.
(4) "Canopy sign" means a sign painted, embossed, affixed or attached to the soffit or fascia (vertical surface) of a canopy. A canopy is defined as a primarily horizontal rooflike structure constructed of rigid materials either attached to a building or freestanding (in the case of automobile service station canopies over gas pumps). Canopy signs are not permitted on freestanding canopies (except as provided for in Section 1223.08
(e)) and are only permitted on vertical surfaces of a canopy attached to and part of a building and behind the permitted minimum setback line for the building (see Suspended Sign for a definition of signs hung perpendicular to the store front under a canopy, ceiling or entry, intended for pedestrian visibility).
(5) "Changeable copy sign" means a sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than once a day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.
(6) "Exposed neon sign" means a sign using neon tube as the light source and sign, with the neon tube either totally exposed or covered only by a clear or transparent face so that the illuminated neon tube is visible.
(7) "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
(8) "Freestanding sign" means any sign supported by structures or supports that are anchored in the ground and that are independent from any building. All freestanding signs are further classified structurally as either Monument Signs or Pole Signs.
(9) "Mansard sign" means a sign attached to a mansard structure. A mansard is a roof, or structure covered in roofing materials, having two slopes, with the lower slope almost vertical and the upper slope angled (neither horizontal or vertical).
(10) "Marquee sign" means a sign attached to a marquee. A marquee is a permanent roof-like structure of rigid materials supported by and extending from the facade of a building. A marquee sign shall be affixed or attached to a vertical surface on the marquee structure, such as a soffit or sign fascia.
(11) "Monument sign" means a Freestanding Sign having fifty percent (50%) or more of the bottom of the sign in contact with the ground or supporting structure.
(12) "Pennant/streamers" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.
(13) "Pole sign" means a Freestanding Sign having more than fifty percent (50%) of the bottom of the sign separated from the ground by air.
(14) "Portable sign" means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be readily transportable on wheels; signs designed as "A"- or "T"- frames; menu and sandwich board signs; balloons used as advertising devices; products stacked in the manner of a sign; umbrellas used for advertising; and signs attached to or painted on vehicles or trailers parked and visible from the public right-of-way.
(15) "Product dispenser or kiosk sign" means a sign consisting of all or part of a product dispenser or kiosk designed to attract attention from off the zoning lot on which the dispenser is installed. (See Section 1223.08
(f)(2).)
(16) "Projecting sign" means a sign erected on the outside wall of a building and which extends more than twelve inches therefrom.
(17) "Roof sign" means a sign erected partly or completely on or over the roof of any building or above or over any portion of the building covered by roofing materials or above or over the top edge of a building wall or sign fascia.
(18) "Suspended sign" means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. Examples include small under-canopy pedestrian oriented signs and temporary real estate signs for multi-family developments designed to attach to the approved monument sign to advertise the availability of units.
(19) "Wall sign" means a sign erected parallel to or affixed on the outside wall of any building, and not extending more than twelve inches therefrom, and which does not project above the roof line or beyond the corner of the building.
(20) "Window sign" means a sign on the inside of a building affixed to, or near, a window for the purposes of being visible to and read from the outside of the building.
(21) "Yard sign" means a freestanding temporary sign in a yard, including construction, political, and real estate signs and temporary promotional signs where permitted.
(b) Function.
(1) "Community identification signs" means a permanent or temporary identification or directional sign for the purpose of providing information and directions to public, quasi-public, religious, educational, and major recreational facilities in the City.
(2) "Community special event sign" means a temporary sign erected by a public or semi-public body which announces a public function. It may be located in the street right-of-way abutting any type of zoning district upon approval of the Mayor or his designee (see Section 503.02
of the General Offenses Code.).
(3) "Construction sign" means a temporary sign identifying the name of a subdivision, building or public works project or facility during the time of construction, erected on the property on which it is located once the development plan or subdivision plan has been approved by City Council. Such signs may include a description of the project, and may list the project's professional firms (such as architects, engineers, developers and contractors).
(4) "Directional sign" means a sign located on private or other non-right-of- way property, to direct traffic onto it, usually indicating the entrance and exit to a parking lot.
(5) "Identification sign" means a sign intended to identify the principal use of a lot, building or building unit according to the following:
A. "Business identification sign" means a sign indicating the business name or logo of a commercial or industrial enterprise and limited to identification purposes unless otherwise approved by Planning Commission.
B. "Institution identification sign" means a sign displaying the name and/or organization occupying the premises of a public or quasi- public use restricted to: church or other place of religious worship; hospital; nursing home; public or non-profit corporation owned and operated recreational facilities; governmentally owned and/or operated facilities; schools and cemeteries.
C. "Residential identification sign" means a sign identifying the name and address of a completed residential subdivision, a cluster development, or a multi-family development.
(6) "Instructional sign" means an exterior sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers, visitors or users as to: specific parking requirements; the location or regulations pertaining to specific activities on the site or in the building; security system advisories; specific services offered, or methods of payments accepted. Examples of instructional signs include "Honk Horn for Service", "Restrooms Inside", "Parking for Customers Only", "Parking for Residents Only", menu boards, drive-up tellers, "self-serve." No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered an Instructional Sign.
(7) "Memorial sign" means a sign indicating the name of a building, the date of construction and/or incidental information about its construction or historical significance, which sign is cut into a masonry surface or made of bronze or other permanent material, and mounted at the time the building was constructed or affixed to the building or premises subsequent to a structure or site being designated as a historical landmark.
(8) "Nameplate" means a sign indicating only the name, address or occupation of the person or business occupying the lot or building.
(9) "Political sign" means a temporary sign advocating action on a public issue, indicating a candidate for public office, or expressing an opinion or belief.
(10) "Product and service sign" means a sign which advertises the services, products, merchandise or prices of commodities produced, stocked, or sold on the premises.
(11) "Real estate sign" means a temporary sign which directs attention to the rental, sale or lease of the property on which the sign is located.
(12) "Required public purpose/safety sign" means a sign erected by a public authority, utility, public service organization or private industry upon the public right-of-way or on private property which is required by law or otherwise intended to control traffic, direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. Public purpose/safety signs include "No Parking Fire Lane."
(13) "Temporary promotional sign" means a temporary sign of any type (other than a construction, political, or real estate sign) intended to announce special events, promotions or sales, including garage sales in residential districts.
(14) "Temporary sign" means a sign which is intended to be displayed for a limited time only. Such signs include construction, political, real estate and temporary promotional signs.
(15) "Unified directory sign" means a wall sign erected to identify each business or tenant located within the building.
(c) Other Sign Related Definitions.
(1) "Director" means the Planning Director of the City of Westlake or his or her designee.
(2) "Director of Inspections" means the Director of the Building Department of the City of Westlake or his or her designee.
(3) "Commercial message" means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
(4) "Footcandle" means a measure of light intensity, more specifically, illumination of a surface one foot distant from a source of one candela, equal to one lumen per square foot.
(Ord. 2002-47. Passed 5-2-02.)
(5) "Master Signage Plan" means a plan submitted by the property owner of any zone lot on which the property owner proposes to erect one or more permanent signs requiring Planning Commission approval. The plan is to include the size and location of all present and future permanent signage on the lot, and other material as indicated in Section 1223.13(c) and (e).
(Ord. 2019-127. Passed 5-21-20.)
(6) "Nonconforming sign" means any sign that does not conform to the requirements of this chapter.
(7) (EDITOR’S NOTE: Former subsection (c)(7) hereof was repealed by Ordinance 2006-166, passed February 15, 2007.)
(8) "Property Maintenance Officer" means the Director of Inspections of the City of Westlake and any other officer of the City who may be authorized to enforce the sign regulations contained in Chapter 1223.
(Ord. 2002-47. Passed 5-2-02.)
1223.03 COMPUTATIONS.
The following principles shall control the computation of sign area and sign height:
(a) Determining Sign Area or Dimension.
(1) The area of a sign shall be computed as including the entire surface area within a regular, geometric form, or combination of regular, geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, together with any material or color used to differentiate the sign from the environment or surroundings in which it is placed.
(2) Only one side of double-faced freestanding or projecting signs shall be included in calculating area, provided that the two display surfaces are joined at an angle not greater than fifteen degrees. If greater than fifteen degrees both sides are counted as sign area.
(3) The sign area shall not include the frame, pole or other necessary structural support unless such frame, pole or structural support is illuminated or otherwise so designated to constitute a display surface or device.
(4) For a multifaceted sign of three or more faces then the sign area is calculated to include the surface areas of all those sides visible from a street.
(5) If the exterior surface of an awning is internally or externally illuminated and/or has lettering or numbering on it (other than up to a two square foot address), then the exterior surface of the awning is considered a sign for the computation of sign area.
(6) Buildings or parts of buildings or structures that are covered or painted to act as a sign shall be calculated as part of the sign area.
(7) In the event there is a question in determining the sign area or any sign dimension, the Planning Commission shall make a ruling for that sign. Any disputes or appeal of the decision of the Planning Commission may be made to the Board of Building and Zoning Appeals for a final determination.
(Ord. 2020-149. Passed 2-18-21.)
(b) Determining Sign Height.
(1) The height of a freestanding sign shall be measured from the base of the sign or supporting structure at normal grade to the top of the highest element. Normal grade shall be the established grade after construction of the sign, exclusive of any filling, berming, or mounding solely for the purpose of raising the base of the sign.
(2) The height of a wall sign shall be measured from the finished grade at the base of the wall below the sign to the top of the highest element of the sign.
(c) Determining the Frontage Width of a Building. The frontage width of a building shall be the width of the facade which faces the principal street or contains the main entrance.
(1) For multi-tenant buildings, the frontage width of a building shall be the width of the facades which contain the main entrances. The individual unit frontage width shall be the width of the side of the unit with the unit's main entrance, as measured from the party wall centerlines. The maximum permanent sign area allowed for an individual unit shall be a direct percentage of that building unit's frontage width to the total building frontage width. A corner unit's signage shall be located on the facade with the main entrance; additional signage may be permitted at the discretion of the Planning Commission as part of approval of a Master Signage Plan or sign criteria for a multi-tenant building.
(2) Buildings on lots abutting a freeway shall not be considered to have building frontage on the freeway for sign area calculations and signs shall not be located for visibility from the freeway except for buildings in Interchange Service Districts or as otherwise approved by the Planning Commission.
(Ord. 2002-47. Passed 5-2-02.)
(3) The Planning Commission after consideration of building orientation, corner tenancy, corner locations, combination of uses and number of frontages, may allow multiple sides of a multi-tenant or single tenant building to be included in the calculation of total sign area for a building and placement of signs on the building. (Ord. 2007-83. Passed 6-21-07.)
1223.04 MAXIMUM SIGN AREA PERMITTED.
Signs as permitted in the respective zoning districts shall conform to the maximum area limitations set forth in Schedule 1223.04, except as specified below.
(a) Area of Freestanding Signs. In no case, shall any single freestanding sign, of any functional type, in any zoning district, exceed the maximum sign areas permitted for specific zoning districts and types of freestanding signs as listed in Schedule 1223.04. Only one permanent freestanding sign is permitted per parcel unless otherwise specified in this Code or as otherwise approved by the Planning Commission.
(b) Area of Business and Industrial District Signs. In the Office Building, Executive Office Park, Shopping Center, General Business, Interchange Service, Recreation Business, Automobile Parking, Hotel and Motel, Integrated Shopping Facility, Planned Office Zoning Districts, Exclusive Industrial, Office Laboratory, and Exclusive Office Laboratory, the following standards shall apply:
(1) Measurement standards for maximum sign area. The maximum (total) area of all permanent signs permitted for a building or building unit to which the signs are accessory, shall be related to the zoning district, building and building unit width. Maximum permanent sign area (sq. ft.) shall be determined according to the formulas below where "W" is the frontage width of the building.
(2) Schedule of maximum total sign area per building or building unit.
Bus/Ind. District | Width of Building Frontage | District Factor | Max. Sign Area (sq. ft.) | ||
Office Building | W | X | 1.0 | = | |
Executive Office Park | W | X | 1.0 | = | |
Shopping Center | W | X | 1.5 | = | |
General Business | W | X | 1.0 | = | |
Interchange Service | W | X | 1.5 | = | |
Recreational Business | = | 80 sq. ft. total | |||
Automobile Parking | = | 8 sq. ft. per driveway curb cut | |||
Hotel/Motel | W | X | 1.0 | = | |
Integrated Shopping Facility | W | X | 1.5 | = | |
Planned Office | W | X | 1.0 | = | |
Exclusive Industrial | W | X | 1.0 | = | |
Office Laboratory | W | X | 1.0 | = | |
Exclusive Office Laboratory | W | X | 1.0 | = | |
(3) This maximum total permanent sign area permitted for each building or building unit shall be the sum of the areas of the following identification and products and services signs: awning, canopy, directional (logo or lettering portion only), freestanding, mansard, marquee, flags, product dispenser or kiosk projecting, wall, and permanent window signs (including exposed neon permanent window signs where permitted), and instructional signs unless the Planning Director determines such instructional signs are exempt pursuant to subsection (b)(4) hereof.
(4) Instructional signs which are clearly intended for instructional purposes and, as determined by the Planning Director, are not larger than 2 square feet to serve the intended instructional purpose nor are in locations or possess design characteristics which constitute or serve the purposes of an identification sign shall not be considered an identification sign and the area of which shall be exempt from the maximum area permitted for identification signs.
(c) Memorial signs shall be approved as part of the building construction and shall not exceed four square feet in area unless Planning Commission allows a larger sign provided such signs comply with the definition and intent of memorial signs.
Schedule 1223.04
MAXIMUM INDIVIDUAL SIGN AREA
(in Square Feet)
Type of Sign | Single Family | Multi- Family | Business in Res. Districts (i) | Institutional (any district) | Business/ Industrial |
Nameplate | 1(a) | 1(a) | 1 | 1 | 1 |
Identification | |||||
- Wall Signs | -- | 12(b) | 12 | 24(c) | up to 100 (d) |
- Freestanding Signs - One face | 30(e) | 30(e) | 12 | 24(c) | 30 except as permitted (h) |
- Canopy, Mansard, Marquee, Projecting Signs | -- | -- | -- | -- | up to 100 (d) |
Unified Directory - Wall Signs | -- | -- | -- | -- | 12 |
Directional Signs | 4 | 4 | 4 | 4 | 4 |
Yard Signs (f) | |||||
- less than 1 acre | 6 | 6 | 6 | 6 | 6 |
- 1 acre to 5 acres | 12 | 12 | 12 | 12 | 12 |
- greater than 5 acres | 32 | 32 | 32 | 32 | 32 |
Temporary Promotional Signs | 6(k) | 6(k) | 12(g) | 32(g) | 32(g) |
Temporary Window Signs | 6 | 6 | 6 | 32(j) | 32(j) |
Flags (1) | = | = | = | 24 | 24 |
Notes to Schedule 1223.04
-- Not permitted.
(a) One per dwelling unit.
(b) One per multi-family building for the purpose of identifying the building.
(c) Only one sign per street frontage; shall be either a wall sign or a monument sign.
(d) Maximum allowable individual sign area not to exceed 100 sq. ft. and as further regulated by an approved Master Signage Plan or Sign Criteria and Section 1223.04
(b)(2).
(e) Per sign face, a maximum of two sign faces per entrance to a subdivision or residential development.
(f) Based on the area of the parcel on which the sign is located. Multiple yard signs are permitted with the combined area not to exceed the maximum sign area listed herein.
(g) Applies to permitted temporary wall signs or banners as further regulated by Section 1223.09
(a)(3). Temporary Promotional yard signs are not permitted except as follows:
Establishments serving food and drinks shall be permitted to place one freestanding temporary promotional portable sign per establishment with the approval of Planning Commission as part of a Master Plan for the establishment or with approval of the portable sign structure in addition to the previously approved signage for the tenant/occupant under the following guidelines.
1. The sign area of one face of the temporary promotional portable sign cannot exceed 6 sq. ft.
2. The sign area is not counted as part of the total sign area permitted for the individual tenant/occupant.
3. The portable sign must consist of a professionally designed menu type sign or sign incorporating a framed chalk board or commercially available portable A-frame sign with changeable copy.
4. The background of the sign face must be white, black or another neutral color and the lettering and any logos are limited to black or white.
5. The sign must be placed within 10' of the entrance door of the establishment and may only be used when the establishment is open for business.
6. The sign cannot block any sidewalk– there must be a minimum of 5' of clear sidewalk in front of the building even with placement of the sign. In no case shall be sign be placed within the tree lawn or on a public sidewalk.
7. The sign cannot block visibility to the extent of providing unsafe conditions for pedestrians and vehicle drivers.
8. The sign must be kept in good condition as required under the property maintenance code. (Ord. 2009-109. Passed 2-18-10.)
(h) For large multi-tenant office and retail buildings, exceeding 30,000 sf and 3 acre parcel, one ground sign may be 40 sq. ft. in area. In addition, for large business or industrial developments with 800 feet of frontage on one or more nonfreeway streets, Planning Commission and Council approval is required to allow one primary freestanding sign up to forty square feet sign area per side and additional secondary freestanding signs up to thirty square feet area per side. The maximum number of signs not to exceed one per each driveway entrance.
(i) Applies only to businesses permitted in a historic home as a conditional use and shall be limited to one wall sign or one freestanding sign.
(j) In addition to this limit on the size of any individual window sign, the combined area of all permanent and temporary window signage in any one window at one time shall not exceed thirty percent (30%) of the area of that window.
(Ord. 2007-83. Passed 6-21-07.)
1223.05 HEIGHT REGULATIONS.
Signs as permitted in the respective zoning districts shall conform to the maximum height limitations set forth in Schedule 1223.05, except as specified below.
(a) Height of Freestanding Signs. Freestanding signs of any functional type (excluding flags), in any zoning district, shall not exceed eight feet in height. Specific types of signs shall have a lower maximum height as specified in Schedule 1223.05.
(b) Height of Non-freestanding Signs. Non-freestanding signs, including wall signs, except those in Interchange Service District, shall not be more than twenty feet above the finished grade below the sign unless otherwise approved by the Planning Commission taking into consideration the location, placement, scale and architecture of the building.
(c) Other Height Regulations.
(1) The maximum height of a single letter or logo within a sign shall be no greater than forty-eight inches.
(2) The height of the lowest member of any sign that is not integral with a wall surface shall not be less than eight feet above a sidewalk or other pedestrian way, and not less than fourteen feet if over or within eighteen inches of the vertical projection of a pavement used for vehicular traffic.
(3) The height of flags for commercial messages shall not exceed twenty feet detached or attached to a building. The height of non-commercial flags shall be regulated under Section 1223.11
(j).
The maximum height of freestanding signs, when permitted, shall conform to the standards set forth in Schedule 1223.05. (Ord. 2007-83. Passed 6-21-07.)
Schedule 1223.05
MAXIMUM HEIGHT
OF FREESTANDING SIGNS
(in feet)
Type of Sign | Single Family | Multi- Family | Business in Res. Districts | Institutional (any district) | Business/ Industrial |
Identification Signs | 4 | 4 | 4 | 6 | 8 |
Directional Signs | 3 | 3 | 3 | 3 | 3 |
Yard Signs (a) | |||||
- less than 1 acre | 4 | 4 | 4 | 4 | 4 |
- 1 acre to 5 acres | 5 | 5 | 5 | 5 | 5 |
- greater than 5 acres | 5 | 5 | 5 | 5 | 5 |
Temporary Promotional Signs | 4 | 4 | - | - | - |
Notes to Schedule 1223.05:
-- Not Permitted.
(a) Based on the area of the parcel on which the sign is located.
(Ord. 2002-47. Passed 5-2-02.)
1223.06 MINIMUM SETBACK REGULATIONS.
Signs as permitted in the respective zoning districts shall conform to the minimum setback limitations set forth in Schedule 1223.06, except as specified below.
(a) Wall and other nonfreestanding signs may project to any building corner if side yards exist, if not, they must be a minimum of five feet from the building corner.
(b) Any face of an awning sign or projecting sign shall be not less than five feet from a side lot line or party wall of another store unit. Awning signs may not extend more than eight feet from the building wall without Planning Commission approval.
(c) For corner lots in all zoning districts, signs shall maintain a minimum setback not less than the greater of either ten feet from the current or ten feet from the planned right-of-way within twenty-five feet of the intersection of two streets’ right-of-way lines.
(d) In an Executive Office Park District a freestanding identification sign shall be located not less than twenty-five feet from the public right-of-way and shall be located not less than 100 feet from a Residential District lot line and shall be not less than fifty feet from a lot in any other Business or Industrial district.
(e) For all Business and Industrial Districts except Executive Office Park:
(1) A freestanding identification sign shall not be located within ten feet of the planned public right-of-way and shall not be less than ten feet from another Business or Industrial lot line and not less than twenty-five feet from an adjacent Residential District line.
(2) Any freestanding identification or permitted yard signs within twenty-five feet of a driveway entrance/exit with a public street shall be set back not less than ten feet from the drive and ten feet from the public street.
Schedule 1223.06
MINIMUM SETBACK (front and side)
OF FREESTANDING SIGNS
(in feet)
Type of Sign | Single- Family | Multi- Family | Business in Res. Districts | Institutional (any district) | Business/ Industrial |
Identification Signs | 10 | 10 | 10 | 10 | 10(a) |
Directional Signs | 5 | 5 | 10 | 5 | 5 |
Yard Signs(b) | |||||
- less than 1 acre | 5 | 5 | 10 | 10 | 10 |
- 1 acre to 5 acres | 10 | 10 | 10 | 10 | 10 |
- greater than 5 acres | 15 | 15 | 15 | 10 | 10 |
Temporary Promotional Signs | 5 | 5 | - | - | - |
Notes to Schedule 1223.06:
-- Not Permitted.
(a) Front yard setback from the planned public right-of-way, see Section 1223.06
(a) through (e) for additional setback requirements.
(b) Based on the area of the parcel on which the sign is located.
(Ord. 2002-47. Passed 5-2-02.)
1223.07 ILLUMINATION OF SIGNS.
(a) Temporary signs may not be illuminated.
(b) Light sources to illuminate permanent signs located inside or outside of buildings shall not be of excessive brightness or cause glare hazardous to pedestrians or drivers of automobiles, or be objectionable to adjacent Residential Districts. "Excessive brightness" shall be defined as any sign that emits more than 10.00 Footcandles (equivalent to 10.00 Lumen per square foot) of light when measured at night, three feet perpendicular from the center of any sign face. "Excessive brightness" can be avoided through the use of nonwhite background internally and externally illuminated signs, cut out letters on internally illuminated signs with opaque backgrounds, and dark backgrounds on internally illuminated translucent signs. "Hazardous glare" can be avoided with the proper placing, shielding, screening and wattage for externally illuminated signage.
(c) The colors red, yellow, or green shall not be used where they may interfere with the sight lines of a traffic signal.
(d) Bright lighting of a roof or building for advertising purposes and "outline lighting" of buildings or roofs shall be prohibited. Illumination of nonresidential buildings and roofs shall be at the discretion of the Planning Commission after reviewing the location, zoning district, and proximity to public streets and adjacent residential areas.
(e) Signs in Residential Districts shall not be illuminated except for monument or wall mounted institutional identification signs and, at the discretion of the Planning Commission, residential identification monumental signs. Identification signs in residential districts shall be illuminated by external means only. Internally illuminated signs shall not be permitted in residential districts. All permitted permanent signs in business and industrial districts may be illuminated as limited in subsection (b) hereof.
(f) Holiday lighting during the holiday season shall not be restricted by the foregoing regulations.
(g) Illumination of monument signs shall be limited to external lights for indirect lighting or in the case of internal lighting with not less than seventy-five percent (75%) of the sign face opaque or nontransparent. External lights shall be screened, shielded and so located that no glare of the light shines onto any public road or residential district.
(h) Use of exposed neon tubing and signage in marquee, wall, and window signs shall be approved or disapproved at the discretion of the Planning Commission after reviewing the location, brightness, zoning district, and proximity to public streets and residential areas. Exposed neon shall comply with all the performance standards listed above.
(Ord. 2002-47. Passed 5-2-02.)
1223.08 SUPPLEMENTAL REGULATIONS.
(a) Residential Identification Monument Signs. A residential identification monument sign, indicating the name of the subdivision or residential development, if part of the overall architectural treatment of the entrance of the development, shall be permitted for each entrance to a development pursuant to the area limitations of Schedule 1223.04 and the height limitations of Schedule 1223.05 in compliance with the following:
(1) Such identification (monument) signs shall be placed on corner parcels at openings to a development at the intersection of a development with an arterial street (on private property with an easement), on blocks owned by the Homeowner's Association or City, or on a cluster or multi-family development parcel, no closer than ten feet to the right-of-way and five feet from a side lot line, except as permitted in subsection (a)(2) hereof.
(2) Such identification (monument) signs may be placed in the right-of-way provided such signs shall be located on a divided entranceway island, placed no closer than fifteen feet to the intersecting street's planned right- of-way line and set back five feet from the curb of the divided island if an easement is granted by City Council for such signs.
(3) A maximum of two sign faces shall be permitted per entrance to an arterial street: either as a double-sided monument sign or as two single-sided monument signs either freestanding or mounted on a brick or masonry wall or wood fence. The sign face height can be no more than four feet above normal grade and cannot extend beyond the limits of the wall or fence.
(4) Support structures for the mounting of residential identification signs shall be no more than five feet above normal grade and 120 square feet in area for the portions of the structure that face the arterial street.
(5) The Planning Commission may permit additional decorative features above these standards including railings, pillars, arches, gateways, lamp posts, etc. if they are part of the overall architectural treatment of the entrance and so do not detract from the surrounding residential areas.
(b) Additional Requirements for Freestanding Identification Signs. Freestanding identification signs for institutions and commercial and industrial establishments shall comply with the following regulations:
(1) Such signs shall be monument signs unless otherwise permitted.
(2) Such signs shall be permitted only when the principal building conforms to the minimum building setback and lot width requirements specified in the district regulations.
(3) For an institution on a corner lot, one freestanding identification sign, placed parallel to the street shall be permitted per street frontage. Up to a maximum of thirty-three percent (33%) of the area of a freestanding identification sign may be devoted to single-color changeable copy.
(4) In a commercial and industrial district, up to a maximum of thirty-three percent (33%) of the area of a freestanding identification sign may be devoted to single-color changeable copy. The sign face devoted to changeable copy shall be covered by a protective material and securely locked at all times.
(5) Freestanding signs shall be landscaped as an integral part of the required front yard landscaping.
(c) Additional Requirements for Permanent Business Identification Signs. Such signs may be only located on the surface of or project from the building wall adjacent to a street, a parking area, or a pedestrian way or be erected as a freestanding sign in the yards on which the business or industrial use is located as follows, except otherwise specified.
(1) A sign may not extend above the wall upon which it is attached.
(2) Projecting signs shall be limited to not more than one sign for each establishment or store unit.
(3) In Executive Office Park Districts signs visible from the exterior shall not be permitted for any permitted accessory uses.
(4) Each rear entrance to a tenant space in a multiple-tenant commercial or industrial building may be identified with the name and address of the occupant using reflective letters no greater than four inches in height. Such signs are considered Instructional Signs.
(5) For multi-story retail or office buildings, in all but Executive Office Park Districts, each tenant not located on the ground floor shall be permitted one permanent identification sign to be placed in a window of the tenant's space. Such sign shall not exceed four square feet and shall be included as part of the identification sign area for the building.
(6) For multi-building office developments the Planning Commission has the discretion to allow permanent freestanding signs up to twelve square feet in area, for the identification of individual office buildings on the same lot in an office development. Such signs must be located within twenty feet of the building named.
(7) The size, area and design of signs for theaters shall be determined for each establishment at the discretion of the Planning Commission.
(d) Directional Signs. A maximum of two directional signs shall be permitted per access drive for single-family, multi-family, institutional, commercial and industrial uses pursuant to the area limitations of Schedule 1223.04, the height limitations of Schedule 1223.05 and the minimum setbacks specified in Section 1223.06
. A directional sign is permitted to include the name or logo of an establishment not exceeding twenty percent (20%) of the sign area.
(e) Special Conditions for Automotive Fuel Stations on Corner Lots. Due to the importance of maintaining sight visibility at corners, as required by minimum setbacks set forth in Section 1223.06
(c), in lieu of a monument sign, up to thirty square feet of lettering or logos on up to two sides of an approved freestanding canopy may be permitted by the Planning Commission. In such case no other free- standing signs other than directional signs or product dispenser/ pump island signs shall be permitted.
(f) Permanent Advertising Signs in Commercial Districts.
(1) Pump island signs. Retail outlets having fuel pump islands shall have, for pricing and service information only, not more than one double-faced sign or two single faced signs per pump island. Such sign shall not be greater than twenty-two inches by twenty-eight inches, shall be confined and permanently attached to the pump islands, and may be illuminated. No permit or fee shall be required, and sign area not counted in maximum sign area for the site (see Chapter 715 of the Business Regulation Code.)
(2) Product dispenser or kiosk signs. Product dispensers and kiosks will be considered signs, consisting of all or part of the product dispenser or kiosk designed to attract attention from off the zoning lot on which the dispenser is installed. The maximum sign area permitted is six square feet per dispenser or box and twenty-four square feet total sign area (not including Chapter 715
required price signs) visible from the street per zoning lot street frontage. Examples are commercial messages on gas station pumps or pump islands, package shipping drop-off boxes or kiosks, beverage dispensing machines, and automated teller machine kiosks. Sign area includes any colors that distinguish the dispenser from its surrounding environment as defined in Section 1223.03
(a)(1) and (a)(6). These signs are only permitted in Business Districts as approved by the Planning Commission.
(g) Community Identification Signs. Community Identification signs for the purpose of providing information and directions to public, quasi-public, religious, educational, and major recreational facilities in the City may be permitted when reviewed and approved by the Planning Commission and Council and subject to the following conditions:
(1) The area and height of the sign shall be a function of the number of facilities being addressed and the location of the sign and shall not exceed the limitations of this Code for freestanding identification signs.
(Ord. 2002-47. Passed 5-2-02.)
(2) Application for a Community Identification sign shall include an agreement signed by the property owner of the proposed site authorizing the erection and continuing maintenance of the sign and landscaping. The sign proposal shall indicate proposed landscaping of the site in the area of the sign.
(Ord. 2019-127. Passed 5-21-20.)
1223.09 TEMPORARY SIGNS.
A temporary sign is a sign which is intended to be displayed for a limited time only. Such signs include construction, political, real estate, and temporary promotional signs. All temporary signs shall be displayed no more than thirty days after placement, after which time they must be removed or replaced. Illumination of temporary signs is not permitted. Temporary signs are regulated under the area limitations of Section 1223.04, the height limitations of Section 1223.05, and minimum setback regulations in Section 1223.06 and in compliance with the following:
(a) Temporary Signs by Use District.
(1) For all single family residential use property, temporary signs are permitted as yard or window signs only. Individual yard and individual temporary window signs are not to exceed the area specified in Schedule 1223.04 (six square feet for a lot less than one acre in size). In no case shall the total area of all types of temporary signs visible at one time on a lot exceed the maximum sign area specified for yard signs on Schedule 1223.04, based on the size of the lot. In addition there must be a minimum fifty feet of separation between temporary signs on a residential lot.
(2) Multi-family use property temporary signs are limited to, yard, window, and specially designed suspended signs (see definition of Suspended signs). Individual yard, window, and suspended sign areas are not to exceed the area specified in Schedule 1223.04 (six square feet. for a lot less than one acre). In no case shall the total area of all temporary signs visible at one time on a lot exceed the maximum sign area specified for yard signs on Schedule 1223.04, based on the size of the lot. In addition there must be a minimum fifty feet of separation between temporary signs on a residential lot.
A. A total of two Temporary Promotional Signs are permitted per single occupancy building or individual unit per year, including all such temporary signs outside the building. The maximum size permitted per sign is either twenty square feet if the single occupancy building or individual unit frontage is less than or equal to fifty feet, or thirty-two square feet if the single occupancy building or individual unit frontage is greater than fifty feet.
B. Such signs shall be mounted on the building and shall not be permitted in yards, on roofs, or suspended away from the face of the building. A temporary banner shall be placed only on the building's front wall.
C. The combined area of all permanent and temporary window signage in any one window at one time shall not exceed thirty percent (30%) of the area of that window, if it is in excess, upon notification, any signage in excess must be removed.
(b) Construction Signs.
(1) Construction signs must be located only on the lot being developed. One construction sign may be placed on each lot frontage or on each face of the building which borders a public street.
(2) A permit to allow a construction sign on a site shall be valid for a period of one year. A construction sign shall be erected on the lot only during the period of time that the building project is under construction and while a valid building permit is in force. Such sign shall be removed within thirty days of the commencement of the intended use or in the case of a multi- tenant building, occupancy of more than seventy-five percent (75%) of the tenant space.
(3) In the event construction extends beyond the one year time period, a request for an extension of a construction sign permit shall be submitted to the Director of Inspections for review and approval.
(c) Political Signs.
(1) A political sign is permitted on private property with the owner's permission in all districts.
(2) Political signs shall not be placed on utility poles or on public property or street rights of way, and provided that if they are located on private property they do not obstruct vehicular sight distance.
(3) The maximum size of any political sign is determined by the lot size it is located on as specified on Schedule 1223.04 for yard signs. In no case shall the total area of all temporary signs visible at one time on a lot exceed the maximum sign area specified for yard signs on Schedule 1223.04, based on the size of the lot.
(4) In addition to specifically authorized temporary political signs, political messages may be displayed in place of commercial messages on any permitted permanent sign.
(5) All political signs shall be displayed no more than 30 days after placement, after which time they must either be removed or replaced.
(d) Real Estate Signs.
(1) One such sign shall be permitted per street frontage located no less than required setback in Schedule 1223.06.
(2) Real estate sales signs shall be located only on the site being advertised for sale, lease or rent.
(3) Such signs shall be removed by the property owner or realtor identified on the sign within thirty days after said property is transferred, rented, leased or removed from the real estate listing.
(4) No portable signs or banners are permitted for use as real estate signs. An alternative for multi-family developments are Suspended Signs as defined in Section 1223.02
(a)(18) with a maximum sign area of six square feet per side.
(e) Temporary Promotional Signs. Temporary promotional signs intended to promote or advertise special events or sales may be permitted when complying with the following:
(1) Shall be posted on private property with the permission of the property owner.
(2) Shall not be placed upon or in a street right-of-way or attached to or upon any street identification or utility pole, except as approved under Section 503.02
of the General Offenses Code for community programs and activities. Any sign proposed to be located on or over a public right-of-way or other publicly owned land shall be approved by the Mayor.
(3) In Residential Districts signs promoting an open house, an auction or a garage sale (which shall include yard sale, porch sale, house sale or similar terms) are permitted and shall be permitted without a permit pursuant to the area limitations for a temporary promotional sign set forth in Schedule 1223.04, the height limitations of Schedule 1223.05, and minimum setback requirements of Section 1223.06
.
(4) Signs promoting community programs and/or activities within the City and sponsored by public or semi-public organizations shall be permitted pursuant to the area limitations of a temporary promotional sign set forth in Schedule 1223.04 and the height limitations of Schedule 1223.05 and minimum setback requirements of Section 1223.06
.
(5) Signs for periodic sales or promotions by permitted commercial or business uses, in the appropriate zoning district, and for non-profit or quasi-public organizations shall be permitted pursuant to the area limitations of a temporary promotional sign set forth in Schedule 1223.04, the height limitations of Schedule 1223.05 and minimum setback requirements of Section 1223.06
and subsection (a)(3) hereof.
(6) Temporary grand opening signs or banners announcing the opening of a business on the premises located in a non-residential zoning district. Such signs may be displayed for not more than thirty days from the date on which the activity commences, and shall not exceed the requirements applicable for an identification wall sign at the location. Grand opening signs may be installed on the premises only to identify a newly established business which has changed ownership or has newly located on the premises.
(Ord. 2002-47. Passed 5-2-02.)
1223.10 DESIGN AND CONSTRUCTION STANDARDS.
In addition to ensuring compliance with the numerical standards of these regulations, the Planning Director and the Planning Commission shall consider the proposed general design, arrangement, and placement of the sign, as well as the appropriateness of the proposed sign in relationship to other signs and other structures both on the premises and in the surrounding areas, and shall only approve signs which are consistent with the intent, purposes, standards and criteria of these sign regulations. Specific standards for determining the appropriateness of the sign shall include, but not be limited, to the following conditions.
(a) The lettering should be large enough to be easily read but not out of scale with the building, site or streetscape, permitted letter sizes range from four inches to forty- eight inches where appropriate.
(b) The number of items (letters, symbols, shapes) should be consistent with the amount of information which can be comprehended by the viewer, avoid visual clutter and improve legibility.
(c) All wall or fascia signs of buildings on the same lot shall have consistency in size, design, and color, with the style of sign generally consistent throughout the building or group of buildings. Consistency of design includes uniformity of colors or harmonious use of a limited range of compatible colors.
(d) The sign should complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall reflect the primary purpose of identifying the name and type of establishment.
(e) A sign should be constructed with a minimum of different types of elements and materials so as to provide a consistent overall appearance.
(f) Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.
(g) No part of a sign shall project above the parapet line.
(h) Signs in commercial and industrial districts may be internally or externally illuminated except as otherwise set forth in Section 1223.07
provided that light sources to illuminate such signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists, or as to cause reasonable objection from adjacent residential districts.
(i) Identification signs in residential districts shall be illuminated by external means only. Internally illuminated signs shall not be permitted in residential districts.
(j) The source of light shall not be visible from the street and external light sources shall not shine on adjoining properties. No flashing, revolving or intermittent illumination shall be employed.
(k) No flashing or moving parts shall be permitted for any sign or advertising display within the City.
(l) All signs shall be designed, constructed, and erected in a professional and workmanlike manner, in conformance with all applicable building codes, and with materials which are durable for the intended life of the sign.
(m) Signs shall have no secondary or other signage added to the sign face or sign structure, except as recommended by Planning Commission.
(Ord. 2002-47. Passed 5-2-02.)
(n) For any sign which projects over a public right-of-way, the sign and property owner shall obtain and maintain in force liability insurance for such sign in such form and in such amount as the Law Director may reasonably determine. Proof of such insurance shall be required prior to obtaining a permit.
(Ord. 2019-127. Passed 5-21-20.)
(o) Freestanding signs shall be designed and located so as not to obstruct a driver's visibility entering or exiting a lot or to be a safety hazard to pedestrians or vehicles, and shall comply with the requirements set forth in subsection 1223.06(c) for maintaining clear sight at an intersection.
(Ord. 2002-47. Passed 5-2-02.)
(p) All sign structures larger than twenty-four square feet or any electrified sign must carry the name and address of the sign owner and property owner. All freestanding permanent business and industrial signs must include the street address number at the sign location as part of the business identification.
(Ord. 2019-127. Passed 5-21-20.)
The Planning Commission and Planning Director may prepare from time to time or authorize the preparation of illustrations which interpret these design and construction standards. Such illustrations may include drawings, photographs of signs in Westlake and elsewhere, and drawings or photographs of signs which have been approved pursuant to these regulations. Any such interpretive illustrations may be approved by a majority vote of the Planning Commission and, when approved, shall be considered administrative guidelines which assist in the interpretation of these design and construction standards. Any sign proposed which is consistent with these illustrations shall be in prima facie compliance and be subject to further review by the Planning Director or the Planning Commission to ensure full compliance with these regulations.
(Ord. 2002-47. Passed 5-2-02.)
1223.11 SIGNS EXEMPT FROM REGULATION.
The following signs shall be exempt from regulation under this Zoning Code, except as specified in this section:
(a) Any public notice, warning, or traffic sign required by a valid and applicable federal, state, or local law, regulation, or ordinance;
(b) Traffic signs on private property which conform to the Ohio Manual of Uniform Traffic Control of the Ohio Department of Transportation;
(c) Required public purpose/safety signs as needed to achieve the intended public purpose and which contain no commercial message of any sort;
(d) Address numbers not to exceed 2 square feet in area;
(e) Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the building in which such sign is located;
(f) Matter appearing on or adjacent to entry doors including "Push", "Pull", "Open", or "Closed" signs, not exceeding 1 square foot in area per establishment;
(g) Matter appearing on windows or doors to retail or service establishments denoting hours of operation, credit cards accepted, and similar information, not exceeding a cumulative total of one square foot in area per establishment;
(h) Works of art that do not include a commercial message;
(i) Religious and other seasonal lights and decorations containing no commercial message when displayed during the appropriate time of the year;
(Ord. 2002-47. Passed 5-2-02.)
(j) Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with United States Code Title 4 Chapter 1 - The Flag. The height of such flags and poles shall not exceed thirty-five feet in residential districts and in nonresidential districts not greater than the maximum building height permitted in the respective district if detached or attached to a building;
(k) The maximum dimension of any flag shall be proportioned to the flagpole height, subject to the following schedule:
Height | Maximum Flag area (in square feet) |
Up to 15' | 15 |
Greater than 15' to 20' | 24 |
Greater than 20' to 25' | 40 |
Greater than 25' to 35' | 60 |
Greater than 35' to 45' | 96 |
Greater than 45' to 60' | 150 |
Greater than 60' | 216 |
(Ord. 2007-83. Passed 6-21-07.)
(l) Vehicles regularly and customarily used to transport persons or property for a business, parked so that they are not visible from the public right-of-way;
(m) Memorial signs less than 4 square feet in area and all monuments within a
cemetery.
(Ord. 2002-47. Passed 5-2-02.)
1223.12 SIGNS PROHIBITED UNDER THIS CODE.
All signs not expressly permitted under this Code or exempt from regulation hereunder in accordance with the previous section are prohibited in the City. Such signs include, but are not limited to:
(a) Animated signs, including mechanical, LED or video, as well as exposed light bulbs and strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; and other similar features;
(b) Balloons used as advertising devices;
(c) Banners, except as temporary signs with a permit;
(d) Exposed Neon and LED Signs except as specifically approved as described in Section 1223.07
(h); "outline lighting" of buildings, roofs, or windows is prohibited;
(e) Mansard signs, unless the sign is attached to a vertical sign fascia wholly below the eave of the mansard and parallel to the surface of the exterior wall that supports the mansard;
(f) Pennant/Streamers;
(g) All Freestanding Signs (Monument Signs or Pole Signs) over eight feet in height;
(Ord. 2007-83. Passed 6-21-07.)
(h) Portable Signs except as permitted under Section 1223.04(g);
(Ord. 2009-109. Passed 2-18-10.)
(i) All Roof Signs;
(j) Searchlights and spotlights used as advertising devices;
(k) Signs that obstruct required windows or doors or fire escapes or interfere with other safety provisions as may be further regulated in the Building Code;
(l) Signs obstructing street sight lines of traffic control lights or signs at street intersections, or signs obstructing street sight lines or signals at railroad crossings or signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or directional signals;
(m) Three dimensional or inflatable objects on a roof or pole;
(n) Paper posters applied directly to a wall, building, pole, or other support.
(Ord. 2007-83. Passed 6-21-07.)
1223.13 ADMINISTRATIVE PROCEDURES.
Signs shall be erected, modified, or replaced only upon the submission of proper plans and specifications and upon review and approval according to the following:
(a) Initial Contact with the City. Inquiries regarding signage permits or applications are first directed to the Building Department.
(b) Levels of Review. The Director of Inspections makes the determination as to the appropriate level of review necessary for a proposed sign based on the type of sign and code requirements of subsection (c) and (d) hereof.
(1) Applicants for signs requiring subsection (d)(2) review apply directly to the Building Department with three copies of plans as specified in subsection (c) and permit fees as specified in Section 1315.07.
(2) Applicants for signs requiring subsection (d)(3) review submit three copies to Building Department as specified in subsection (c) hereof and the Building Department forwards two copies to the Planning Department for review. One copy to be returned to the Building Department for denial or issuance of a permit and payment of appropriate fees as specified in Section 1315.07. If the Planning Director forwards application to the Planning Commission then an additional twelve copies and an application fee as specified in Section 1115.04 of the Planning and Platting Code are required.
(3) Applicants for signs requiring subsection (d)(4) review submit twelve copies of an application as specified in subsection (c) hereof and an application fee as specified in Section 1115.04 of the Planning and Platting Code to the Planning Department in order to be put on a pending list for review by the Planning Commission. Upon approval by the Planning Commission two copies are forwarded to the Building Department by the Planning Department at which time the Building Department notifies the applicant, collects the appropriate fees as specified in Section 1315.07 and issues a permit.
(4) Applicants for signs requiring subsection (d)(5) review submit twelve copies of an application as specified in subsection (c) hereof and an application fee as specified in Section 1115.04 of the Planning and Platting Code to the Planning Department in order to be put on a pending list for review by the Planning Commission. Upon approval by the Planning Commission and Council two copies are forwarded to the Building Department by the Planning Department at which time the Building Department notifies the applicant, collects the appropriate fees as specified in Section 1315.07 and issues a permit.
(5) Applicants for signs requiring subsection (d)(6) review apply to the Mayor's office as specified in Section 503.02 of the General Offenses Code.
(Ord. 2002-47. Passed 5-2-02.)
(c) Application Requirements. The owner of the property on which the sign is to be installed shall be considered the applicant for all sign applications and shall be so noted on the application. If a sign application requires Planning Commission approval, the property owner or their duly appointed legal representative shall attend the required Planning Commission meeting(s). Submission of a permit application for a proposed sign shall include the following:
(Ord. 2019-127. Passed 5-21-20.)
(1) The name, address, and signature of:
A. The owner of the lot on which the sign is to be located;
B. The owner of the sign; and
C. The sign provider;
(2) A site plan drawn to scale showing:
A. The dimensions of the lot or property, the size of the lot in acres, the location of all dwellings and/or buildings on the lot, the location and size of driveways and access drives, and the identification of and distances to adjacent dwellings, buildings and/or land uses;
B. The location of the proposed sign(s) on the site, with dimensions from the sign to the right-of-way, adjacent driveways and lot lines;
(3) Elevations and plans drawn to scale showing the type and size of and structure for the proposed sign(s), the proposed location, type, wattage and estimated footcandles of lighting, and the associated landscaping and plantings;
(4) A drawing indicating the exact sign colors;
(5) Any other pertinent data necessary for the determination of compliance with the purposes and objectives of the City's zoning regulations and Guide Plan;
(6) Payment of any required application and sign fees, bonds, licenses, or other performance and/or maintenance guarantees.
(d) Except as otherwise stated herein, a building permit shall be required for all new signs or structurally altered signs.
(1) No application, review, or permit shall be required for the following three types of signs when such signs are in full compliance with these sign regulations:
A. Nameplate signs;
B. Temporary signs with an area six square feet or less;
C. Temporary window signs.
(2) A building permit shall be required, and the Director of Inspections shall have the responsibility to review and approve (or disapprove) in accordance with this chapter:
A. Temporary signs to be located outside of a building with an area over six square feet;
B. Temporary Promotional signs for community programs and activities over six square feet that do not involve signs in the public right-of-way.
(3) A building permit shall be required, and the Planning Director shall have the responsibility to review and approve (or disapprove) in accordance with this chapter:
A. Business Identification signs for which the Planning Commission has approved a Master Signage Plan or Sign Criteria and which conform to the approved plans, including Awning signs, Canopy signs, Mansard signs, Marquee signs, Projecting signs, and Wall signs.
B. Directional signs;
C. Instructional signs with not more than two square feet of area;
D. Permanent Window signs (except Exposed Neon);
E. Product Dispenser or Kiosk signs;
F. Product or Services sign;
G. Replacement of a previously approved sign for an existing business provided only a change in the sign face is proposed;
H. Suspended signs;
I. Unified Directory signs.
However, the Planning Director may refer the decision on any of the above signs to the Planning Commission for consideration if the Planning Director determines that the sign, as proposed, is more appropriately the responsibility of the Planning Commission. The Planning Director and Director of Inspections have no authority to grant modifications from the Code, any signs requiring modifications from the Code must be referred to the Planning Commission for approval or disapproval. Upon approval by the Planning Commission, applications for sign permits are made to the Building Department.
(4) A building permit is required and the Planning Commission shall have the responsibility to review and approve (or disapprove) in accordance with this chapter:
A. Business identification signs without a previously approved Master Signage Plan or approved sign criteria for multi-tenant buildings, including Awning signs, Canopy signs, Mansard signs, Marquee signs, Projecting signs and Wall signs;
B. Changeable Copy signs;
C. Institutional Identification signs;
D. Instructional signs greater than two square feet in area;
E. Master Signage Plans;
F. Memorial signs greater than four square feet in area;
G. Permanent Freestanding signs (except Directional signs), including all Monument signs;
H. Permanent Window signs of Exposed Neon;
I. Replacement of a previously approved sign for an existing business when more than the sign face is being changed or the replacement sign face does not meet plan as approved under Section 1223.07
;
J. Residential Identification signs.
(5) Community Identification signs and Freestanding Business Identification signs for large business or industrial developments require Council approval (see Schedule 1223.04, footnote (h)) and shall be subject to the review and approval of Planning Commission as well as Council.
(6) The approval of the Mayor or his designee is required for all Community Special Event signs.
(e) Master Signage Plans. All signs subject to Planning Commission review and approval shall be reviewed as part of a Development Plan as specified in Section 1220.03
(h) of the Zoning Code or a Master Signage Plan. A Master Signage Plan shall include basic sign parameters as to the location, size, style, illumination, height and color of proposed signs as well as all existing signs on the property except Instructional or Exempt signs. It shall include all information necessary to determine the maximum amount of Signage permitted by Code and the amount of Signage proposed for current and future tenants of a multi-tenant facility. It may contain such other restrictions as the owner of the zone lots may reasonably determine. With an approved Master Signage Plan all proposed signs must conform with the approved sign criteria which is a binding agreement which supplements and may exceed the City Code in its requirements. If so, the more stringent requirements take precedence over the city code. Subsequent proposed changes to the Master Signage Plan must be applied for by the property owner and be approved by the Planning Commission.
(f) Sign Criteria For Multi-Tenant Buildings. For multi-tenant buildings in commercial or industrial districts, and individual buildings located in business and industrial parks, the applicant shall submit with the application for Development Plan review basic sign parameters as to the location, size, style, illumination, height and color of proposed signs. The Planning Commission shall approve with the Development Plans for new buildings, or at the time a specific sign request is made for a tenant identification sign in an existing building, the basic sign criteria for each tenant sign as part of a Master Signage Plan. The Planning Director may approve the subsequent individual tenant signs upon specific application when such proposed signs comply with the sign criteria approved by the Planning Commission. Such approved sign criteria shall be made part of all leases or sales of stores or other tenant space. Approved sign criteria may supplement and may exceed the City Code in its requirements. If so, the more stringent requirements take precedence over the City Code. Subsequent proposed changes to the sign criteria must be applied for by the property owner and approved by the Planning Commission.
(g) Changes to Existing Signs. Any proposed change to an existing sign face (beyond relettering or repainting in the identical colors), sign structure or illumination, shall be approved according to the review procedure set forth in this Code prior to said change being made. Changes to sign structure require approval as specified in subsections (d), (e) and (f) hereof. Replacement sign face panels or changes in illumination must conform to the provisions of this Code including Section 1223.07
which contains performance standards for the illumination of signs, as well as conformance to any approved Master Signage Plan or approved sign criteria for the property, and/or any conditions of the Planning Commission sign approval. If a sign face change or replacement meets all of the conditions above and is for a use permitted on the parcel based on zoning regulations, then the Planning Director may approve the change or refer it to the Planning Commission.
(h) Modifications. Regardless of any provisions of these sign regulations, Council grants to the Planning Commission the authority to modify the requirements of this chapter in relation to sign plans submitted to Planning Commission for approval. Said modifications shall be based on Planning Commission's consideration of the sign proposed, the general characteristics of the proposed site and surrounding area, and any unique or unusual circumstances which, in the exercise of their sound judgment, justify a modification of any requirement, or specification while maintaining the overall purpose and integrity of the sign regulations. Proposed sign plans shall be subject to the standards for granting modifications as set forth in Sections 1220.05
and 1220.06
of the Zoning Code, whether such plans are in conjunction with or independent of development plans and Chapter 1220 of the Zoning Code.
(1) Modifications shall be nonassignable and shall expire one year from the date of enactment, unless prior thereto, the applicant commences the actual construction or placement of the sign in accordance with the granted modification.
(2) Granting of a modification shall be in response to a unique set of conditions, circumstances, or characteristics and shall not be construed as having general application to other sign proposals or be the basis for other modification requests.
(i) Council hereby specifically waives the requirement that the approval of sign plans or revised sign plans by the Planning Commission, Planning Director, or Director of Inspections as specified in subsections (d), (e) and (f) hereof shall require the approval of Council before the same shall be effective, and further grants the Planning Commission, Planning Director, and Director of Inspections the power of final determination of the granting and/or denial of said sign plans as specified in subsections (d), (e) and (f) hereof.
(j) Fees. Concurrent with the filing of an application for any sign, unless specified otherwise in these sign regulations, an application fee shall be paid to the City in the amount established by ordinance. No refund of any part of an application fee shall be made to an applicant in cases of withdrawal of the application or denial of the requested sign(s).
(Ord. 2002-47. Passed 5-2-02.)
1223.14 MAINTENANCE.
All signs shall be maintained in accordance with the following standards:
(a) The property owner, building owner/tenant, and business owner are required to maintain the sign in a condition fit for the intended use and in good repair, and such entity, person or persons have a continuing obligation to comply with all Building Code requirements.
(Ord. 2019-127. Passed 5-21-20.)
(b) A sign in good repair shall be free of peeling or faded paint, shall not show uneven soiling or rust streaks; shall not have chipped, cracked, broken or bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards of the City.
(c) The Property Maintenance Officer may order any sign to be painted or refurbished at least once a year, if needed, to keep the sign in a safe and nonblighted condition.
(d) If the sign is deemed by the Property Maintenance Officer to be not in good repair or in an unsafe condition, such sign shall be considered an unsafe structure and all City regulations applicable for the repair or removal of such sign shall apply.
(e) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, relettering, or repainting, the same may be done without a permit, or any payment of fees, provided there is no alteration or enlargement to the structure, mounting, color, or illumination of the sign itself, and the sign is accessory to a legally permitted or nonconforming use. (Ord. 2002-47. Passed 5-2-02.)
1223.15 ALTERATION AND REMOVAL OF UNSAFE, OBSOLETE AND NONCONFORMING SIGNS.
(a) Every sign or other advertising structure, including supporting materials, in existence upon adoption of these regulations, that does not conform to the provisions herein, shall be allowed to continue to exist but shall not be altered, or replaced except in conformance with the provisions of these regulations, and only upon the review and approval of the appropriate person or body as indicated in this Code, except that signs that are damaged to fifty percent (50%) or less of the current fair market value may be restored to their former condition.
(b) Any conforming or nonconforming sign and supporting materials existing which no longer advertises a bona fide business, or which no longer serves the purpose for which it was intended, or which is erected or maintained in violation of these sign regulations shall, within thirty days of business termination or the time such sign becomes obsolete or not properly erected or maintained, be removed by the property owner, building owner/tenant or business owner. Signs which are not so removed are hereby declared to be a nuisance subject to abatement by the City.
(c) If the Property Maintenance Officer finds that any sign or other advertising structure is a nuisance, or has been constructed or erected or is being maintained in violation of the provisions of this Code, notice shall be given in writing by the Property Maintenance Officer to the property owner. If the property owner fails to remove or alter the structure so as to comply with the provisions herein set forth within thirty days, unless a shorter period of time is set forth in Section 1223.18, after such notice, such sign or other advertising structure may be removed or altered to comply with these regulations at the expense of the property owner.
(d) Failure to comply with an abatement order shall result in the Property Maintenance Officer having authorization to cause removal of such sign and supporting material. Any expense incidental to this removal shall be paid by the owner of the property upon which said sign is located. Failure to pay the cost for such removal shall result in a lien upon the premises, which lien shall be filed with the Office of the Cuyahoga County Fiscal Officer, to remain a lien of record, until paid. The lien shall accrue interest at the maximum rate permitted by Ohio law prior to payment. (Ord. 2019-127. Passed 5-21-20.)
1223.16 SEVERABILITY CLAUSE.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 2002-47. Passed 5-2-02.)
1223.17 NONCOMMERCIAL MESSAGES OR GRAPHICS.
Noncommercial signs are allowed in all districts and may be substituted for any sign expressly allowed or regulated under these Codified Ordinances. Noncommercial signs are subject to the same permit requirements, restrictions on size and type, and other conditions and specifications as apply to the sign for which they are being substituted.
(Ord. 2007-84. Passed 6-21-07.)
1223.18 VIOLATIONS AND PENALTIES.
(a) It shall be the duty of the property owner, building owner/tenant or business owner to see that any sign erected, altered, modified or maintained is in compliance with all applicable provisions of these sign regulations and any other conditions specified in the approval of a sign. Failure to come into compliance after notice as specified in this section shall be a violation.
(Ord. 2019-127. Passed 5-21-20.)
(b) The Property Maintenance Officer shall declare any violation a nuisance and order in writing the correction of all conditions which are found to be in violation of these regulations.
(1) Where the sign regulations provide that a permit or approval of Planning Commission or Council is required prior to the erection of a sign, and no permit or approval has been obtained, violations shall be corrected within five days after the written order is issued. Failure to comply with the written order of the Property Maintenance Office shall constitute a violation under paragraph (c) herein and each and every such failure to comply with such written order shall constitute an individual violation of (c) below.
(2) Any violation involving temporary signs, shall be corrected within twenty-four (24) hours after the written order is issued. Failure to comply with the written order of the Property Maintenance Office shall constitute a violation under paragraph (c) herein and each and every such failure to comply with such written order shall constitute an individual violation of (c) below.
(3) Where the Property Maintenance Officer or the Director of Inspections determines that a sign or advertising structure poses an immediate danger to the public health, safety or welfare or poses an immediate peril to persons or property, such sign shall be removed immediately upon notification to the property owner, building owner/tenant or business owner. In the event that the Property Maintenance Officer or the Director of Inspections determines that the peril to persons or property is such that it is immediately necessary to abate such danger to persons or property by removal of such sign or advertising structure, the Property Maintenance Officer or Director of Inspections may cause such sign or advertising structure to be removed summarily and without notice and shall report such expenses to the Director of Finance who shall confirm such expenses and refer them to the Director of Law for collection.
(Ord. 2019-127. Passed 5-21-20.)
(4) All other violations shall be corrected within thirty days after the written order is issued. (Ord. 2004-9. Passed 3-4-04.)
(5) The Director of Inspections may refuse to issue a permit to any property owner who refuses to reimburse the City for any expenses incurred by the City in connection with this chapter of the Codified Ordinances or who has currently been cited by the Property Maintenance Officer or Director of Inspections for any failure to comply with any provision of the sign regulations or other provisions of the Codified Ordinances regarding signage or advertising devices.
(c) Any violation not corrected within the period of time specified in subsection (b) hereof shall be a misdemeanor of the fourth degree and the property owner, building owner/tenant or business owner shall be fined not more than two hundred fifty dollars ($250.00) and subject to imprisonment for up to thirty days or both, for each day and every day the violation continued to exist after the period of time to remove it, specified in subsection (b) above, has expired. A separate offense shall be deemed committed for each day such violation continues.
(Ord. 2019-127. Passed 5-21-20.)
1223.19 APPEAL.
Upon denial of a sign plan application by the Planning Director, Planning Commission or Council, or refusal of a permit by the Director of Inspections, the applicant may appeal to the Board of Building and Zoning Appeals. Such appeal shall be to request a variance from the strict application of the provisions of this chapter. A variance may be granted upon the affirmative vote of those members present of the Board of Building and Zoning Appeals finding that strict compliance with the provisions of this chapter may impose an undue hardship and that the granting of the variance from the provisions of this chapter will not depreciate or damage neighboring property, will not create a safety hazard and will not be contrary to the purposes of this chapter.
(Ord. 2002-47. Passed 5-2-02; Ord. 2020-149. Passed 2-18-21.)
1224.01 PURPOSE AND LEGISLATIVE INTENT.
The Telecommunications Act of 1996 affirmed the City of Westlake's authority concerning the placement, construction and modification of Wireless Telecommunications Facilities. The City of Westlake finds that Wireless Telecommunications Facilities may pose significant concerns to the health, safety, public welfare, character and environment of the City and its inhabitants. The City also recognizes that facilitating the development of wireless service technology can be an economic development asset to the City and of significant benefit to the City and its residents. In order to insure that the placement, construction or modification of Wireless Telecommunications Facilities is consistent with the City's land use policies, the City is adopting a single, comprehensive, Wireless Telecommunications Facilities application and permit process. The intent of this Local Chapter is to minimize the negative impact of Wireless Telecommunications Facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of City of Westlake.
(a) If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed Application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.
(b) Any Conditional Use Permit issued under this Chapter shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the City.
(Ord. 2003-26. Passed 4-17-03.)
1224.02 DEFINITIONS.
For purposes of this Chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.
(a) "Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with Wireless Telecommunications Facilities, and located on the same property or lot as the Wireless Telecommunications Facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.
(b) "Applicant" means any Wireless service provider submitting an Application for a Conditional Use Permit for Wireless Telecommunications Facilities.
(c) "Application" means all necessary and appropriate documentation that an Applicant submits in order to receive a Conditional Use Permit for Wireless Telecommunications Facilities.
(d) "Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), microwave Telecommunications and services not licensed by the FCC, but not expressly exempt from the City's siting, building and permitting authority.
(e) "City" means City of Westlake Ohio.
(f) "Co-location" means the use of a Tower or structure to support Antennae for the provision of wireless services without increasing the height of the Tower or structure.
(g) "Commercial Impracticability" or "Commercially Impracticable" means the inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be “commercial impracticable” and shall not render an act or the terms of an agreement "commercially impracticable".
(h) "Completed Application" means an Application that contains all information and/or data necessary to enable an informed decision to be made with respect to an Application.
(i) "Conditional Use Permit" means the official document or permit by which an Applicant is allowed to construct and use Wireless Telecommunications Facilities as granted or issued by the City.
(j) "Council" means the City Council of City of Westlake Ohio.
(k) "FAA" means the Federal Aviation Administration, or its duly designated and authorized successor agency.
(l) "FCC" means the Federal Communications Commission, or its duly designated and authorized successor agency.
(m) "Height" means, when referring to a Tower or structure, the distance measured from the pre-existing grade level to the highest point on the Tower or structure, even if said highest point is an Antenna or lightning protection device.
(n) "Modification" means the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a Telecommunications Tower or Telecommunications Site is a modification. A Modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.
(o) "NIER" means Non-Ionizing Electromagnetic Radiation.
(p) "Person" means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity.
(q) "Personal Wireless Facility". See definition for “Wireless Telecommunications Facilities”.
(r) "Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PCS" shall have the same meaning as defined and used in the 1996 Telecommunications Act.
(s) “Telecommunication Site”. See definition for Wireless Telecommunications Facilities.
(t) "State" means the State of Ohio.
(u) "Stealth" or "Stealth Technology" means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such Wireless Telecommunications Facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances,.
(v) "Telecommunications" means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
(w) "Telecommunications Structure" means a structure used in the provision of services described in the definition of “Wireless Telecommunications Facilities”.
(x) "Temporary" means, temporary in relation to all aspects and components of this chapter, something intended to, or that does, exist for fewer than ninety (90) days.
(y) "Wireless Telecommunications Facilities" means and includes a "Telecommunications Tower" and "Tower" and "Telecommunications Site" and "Personal Wireless Facility" means a structure, facility or location designed, or intended to be used as, or used to support, Antennas or other transmitting or receiving devices. This includes without limit, Towers of all types and kinds and structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an Antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 91 l, personal Telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the City's siting, building and permitting authority, excluding those used exclusively for the City's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar non-commercial Telecommunications where the height of the facility is below the height limits set forth in this Chapter.
(Ord. 2003-26. Passed 4-17-03.)
1224.03 OVERALL POLICY AND DESIRED GOALS FOR CONDITIONAL USE PERMITS FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
In order to ensure that the placement, construction, and modification of Wireless Telecommunications Facilities protects the City's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this Chapter, the City hereby adopts an overall policy with respect to a Conditional Use Permit for Wireless Telecommunications Facilities for the express purpose of achieving the following goals:
(a) Implementing an Application process for person(s) seeking a Conditional Use Permit for Wireless Telecommunications Facilities;
(b) Establishing a policy for examining an application for and issuing a Conditional Use Permit for Wireless Telecommunications Facilities that is both fair and consistent.
(c) Chapter Promoting and encouraging, wherever possible, the sharing and/or co- location of Wireless Telecommunications Facilities among service providers;
(d) Promoting and encouraging, wherever possible, the placement, height and quantity of Wireless Telecommunications Facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such Wireless Telecommunications Facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
(Ord. 2003-26. Passed 4-17-03.)
1224.04 CONDITIONAL USE PERMIT APPLICATION AND OTHER REQUIREMENTS.
(a) All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any modification of such facility shall comply with the requirements set forth in this section. The City Council is the officially designated agency or body of the City to whom applications for a Conditional Use Permit for Wireless Telecommunications Facilities must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking Conditional Use Permits for Wireless Telecommunications Facilities. The City may at its discretion delegate or designate other official agencies of the City to accept, review, analyze, evaluate and make recommendations to the City Council with respect to the granting or not granting, recertifying or not recertifying or revoking Conditional Use Permits for Wireless Telecommunications Facilities.
(b) An Application for a Conditional Use Permit for Wireless Telecommunications Facilities shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the Applicant, shall also sign the Application. At the discretion of the City, any false or misleading statement in the Application may subject the Applicant to denial of the Application without further consideration or opportunity for correction.
(c) Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the City.
(d) The Applicant shall include a statement in writing:
(1) That the applicant's proposed Wireless Telecommunications Facilities shall be maintained in a safe manner, and in compliance with all conditions of the Conditional Use Permit, without exception, unless specifically granted relief by the City in writing, as well as all applicable and permissible local codes, chapters, and regulations, including any and all applicable City, State and Federal Laws, rules, and regulations;
(2) That the construction of the Wireless Telecommunications Facilities is legally permissible, including, but not limited to the fact that the Applicant is authorized to do business in the State.
(e) No Wireless Telecommunications Facilities shall be installed or constructed until the Application is reviewed and approved by the City, and the Conditional Use Permit has been issued.
(f) No Tower owner or manager shall be permitted to submit an application for a Conditional Use Permit for a Tower if the Tower owner does not have a signed agreement committing a commercial service provider to occupy space on the Tower.
(g) All applications for the construction or installation of new Wireless Telecommunications Facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the Applicant. Where a certification is called for, such certification shall bear the signature and seal of a Professional Engineer licensed in the State. The Application shall include the following information:
(1) Documentation that demonstrates the need for the Wireless Telecommunications Facility to provide service primarily and essentially within the City. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites;
(2) The Name, address and phone number of the person preparing the report;
(3) The Name, address, and phone number of the property owner, operator, and Applicant, and to include the legal form of the Applicant;
(4) The Postal address and tax map parcel number of the property;
(5) The Zoning District or designation in which the property is situated;
(6) Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;
(7) The Location of nearest residential structure;
(8) The Location, size and height of all structures on the property which is the subject of the Application;
(9) The Location, size and height of all proposed and existing antennae and all appurtenant structures;
(10) The Type, locations and dimensions of all proposed and existing landscaping, and fencing;
(11) The number, type and design of the Tower(s) and Antenna(s) proposed and the basis for the calculations of the Tower's capacity to accommodate multiple users;
(12) The make, model and manufacturer of the Tower and Antenna(s);
(13) A description of the proposed Tower and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;
(14) The frequency, modulation and class of service of radio or other transmitting equipment;
(15) The actual intended transmission and the maximum effective radiated power of the Antenna(s);
(16) Direction of maximum lobes and associated radiation of the Antenna(s);
(17) Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC;
(18) Certification that the proposed Antenna(s) will not cause interference with other telecommunications devices;
(19) A copy of the FCC license applicable for the intended use of the Wireless Telecommunications Facilities;
(20) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed Wireless Telecommunications Facilities on the proposed site.
(h) In the case of a new Tower, the Applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing Tower(s) or the use of alternative buildings or other structures within the City. Copies of written requests and responses for shared use shall be provided to the City in the Application, along with any letters of rejection stating the reason for rejection.
(i) The Applicant shall certify that the Telecommunication Facility, foundation and attachments are designed and will be constructed to meet all local, City, State and Federal structural requirements for loads, including wind and ice loads.
(j) The Applicant shall certify that the Wireless Telecommunications Facilities will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.
(k) An Applicant may be required to submit an Environmental Assessment Analysis and a Visual addendum. Based on the results of the Analysis, including the Visual addendum, the City may require submission of a more detailed visual analysis. The scope of the required Environmental and visual assessment will be reviewed at the pre-application meeting.
(l) The Applicant shall furnish a Visual Impact Assessment, which shall include:
(1) A "Zone of Visibility Map" which shall be provided in order to determine locations from which the Tower may be seen.
(2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the City as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided, concerning the appropriate key sites at a pre-application meeting.
(3) An assessment of the visual impact of the Tower base, guy wires and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.
(m) The Applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related facilities and structures of the proposed Wireless Telecommunications Facilities.
(n) Any and all representations made by the Applicant to the City on the record during the Application process, whether written or verbal, shall be deemed a part of the Application and may be relied upon in good faith by the City.
(o) All utilities at a Wireless Telecommunications Facilities site shall be installed underground and in compliance with all Laws, Chapters, rules and regulations of the City, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
(p) All Wireless Telecommunications Facilities shall contain a demonstration that the Facility be sited so as to be the least visually intrusive reasonably possible and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the Wireless Telecommunications Facility.
(q) Both the Wireless Telecommunications Facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. This shall include the utilization of stealth or concealment technology as may required by the City.
(r) At a Telecommunications Site, a hard surface access road, turn around space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion. Applicants will provide evidence of legal access to the wireless telecommunications facility site and shall maintain this access regardless of other developments and/or improvements that may take place on the site.
(s) A Person who holds a Conditional Use Permit for Wireless Telecommunications Facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted Wireless Telecommunications Facilities in strict compliance with all current applicable technical, safety and safety-related codes adopted by the City, State, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.
(t) A holder of a Conditional Use Permit granted under this Chapter shall obtain, at its own expense, all permits and licenses required by applicable Law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the City or other governmental entity or agency having jurisdiction over the applicant.
(u) An Applicant shall submit to the City the number of completed Applications determined to be needed at the pre-application meeting. Written notification of the Application shall be provided to the legislative body of all adjacent municipalities.
(v) The Applicant shall examine the feasibility of designing a proposed Tower to accommodate future demand for at least five (5) additional commercial applications, for example, future co-locations. The Tower shall be structurally designed to accommodate at least five (5) additional Antenna Arrays equal to those of the Applicant, and located as close to the Applicant's Antenna as possible without causing interference. This requirement may be waived, provided that the Applicant, in writing, demonstrates that the provisions of future shared usage of the Tower are not technologically feasible, are Commercially Impracticable or create an unnecessary and unreasonable burden, based upon:
(1) The foreseeable number of FCC licenses available for the area;
(2) The kind of Wireless Telecommunications Facilities site and structure proposed;
(3) The number of existing and potential licenses without Wireless Telecommunications Facilities spaces/sites;
(4) Available space on existing and approved Towers.
(w) The owner of the proposed new Tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed Tower by other Wireless service providers in the future, and shall:
(1) Respond within 60 days to a request for information from a potential shared use Applicant;
(2) Negotiate in good faith concerning future requests for shared use of the new Tower by other Telecommunications providers;
(3) Allow shared use of the new Tower if another Telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the Tower or equipment to accommodate a shared user without causing electromagnetic interference.
Failure to abide by the conditions outlined above may be grounds for revocation of the Conditional Use Permit for the Tower.
(x) There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting shall also include a site visit if there has not been a prior site visit for the requested site. Costs of the City's consultants to prepare for and attend the preapplication meeting will be borne by the applicant.
(y) The holder of a Conditional Use Permit shall notify the City of any intended modification of a Wireless Telecommunication Facility and shall apply to the City to modify, relocate or rebuild a Wireless Telecommunications Facility.
(z) In order to better inform the public, in the case of a new Telecommunication Tower, the applicant shall, prior to the public hearing on the application, hold a "balloon test". The Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three- (3) foot in diameter brightly colored balloon at the maximum height of the proposed new Tower. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a general circulation in the City. The Applicant shall inform the City, in writing, of the dates and times of the test, at least fourteen (14) days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 am and 4:00 p.m. on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday.
(aa) The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the Tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77. This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner.
(Ord. 2003-26. Passed 4-17-03.)
1224.05 LOCATION OF WIRELESS TELECOMMUNICATIONS FACILITIES.
(a) Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless Telecommunications Facilities in accordance with the following priorities, one (1) being the highest priority and six (6) being the lowest priority.
(1) On existing Towers or other structures without increasing the height of the tower or structure;
(2) On Industrial zoned property;
(3) On City- owner property;
(4) On property zoned within a business district;
(5) On other publicly owned property; and
(6) On other property in the City.
(b) If the proposed site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site.
(c) An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the City why co-location is Commercially or otherwise Impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of Commercial Impracticability or hardship.
(d) Notwithstanding the above, the City may approve any site located within an area in the above list of priorities, provided that the City finds that the proposed site is in the best interest of the health, safety and welfare of the City and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood.
(e) The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the Application.
(f) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the City may disapprove an Application for any of the following reasons.
(1) Conflict with safety and safety-related codes and requirements;
(2) Conflict with the historic nature or character of a neighborhood or historical district;
(3) The use or construction of Wireless Telecommunications Facilities which is contrary to an already stated purpose of a specific zoning or land use designation;
(4) The placement and location of Wireless Telecommunications Facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the City, or employees of the service provider or other service providers;
(5) Conflicts with the provisions of this Chapter.
(Ord. 2003-26. Passed 4-17-03.)
1224.06 SHARED USE OF WIRELESS TELECOMMUNICATIONS FACILITIES AND OTHER STRUCTURES.
(a) Locating on existing Towers or others structures without increasing the height shall be preferred by the City, as opposed to the construction of a new Tower. The Applicant shall submit a comprehensive report inventorying existing Towers and other suitable structures within four (4) miles of the location of any proposed new Tower, unless the Applicant can show that some other distance is more reasonable and demonstrate conclusively why an existing Tower or other suitable structure cannot be used.
(b) An Applicant intending to locate on an existing Tower or other suitable structure shall be required to document the intent of the existing owner to permit its use by the Applicant.
(c) Such shared use shall consist only of the minimum Antenna array technologically required to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown.
(Ord. 2003-26. Passed 4-17-03.)
1224.07 HEIGHT OF TELECOMMUNICATIONS TOWER(S).
(a) The Applicant shall submit documentation justifying the total height of any Tower, Facility and/or Antenna and the basis therefor. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown.
(b) No Tower constructed after the effective date of this chapter, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, City, State, and/or any Federal statute, law, local law, City Chapter, code, rule or regulation.
(Ord. 2003-26. Passed 4-17-03.)
1224.08 APPEARANCE AND VISIBILITY OF WIRELESS TELECOMMUNICATIONS FACILITIES.
(a) Any new tower, if required, will be a monopole.
(b) Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as required by Law.
(c) Towers shall be galvanized and painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this Chapter.
(d) If lighting is required, Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations.
(Ord. 2003-26. Passed 4-17-03.)
1224.09 SECURITY OF WIRELESS TELECOMMUNICATIONS FACILITIES.
All Wireless Telecommunications Facilities and Antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically:
(a) All Antennas, Towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and
(b) Transmitters and Telecommunications control points shall be installed such a manner that they are readily accessible only to persons authorized to operate or service them.
(Ord. 2003-26. Passed 4-17-03.)
1224.10 SIGNAGE.
Wireless Telecommunications Facilities shall contain a sign no larger than four (4) square feet in order to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities and shall contain the name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the Applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. The sign shall not be lighted, unless lighting is required by applicable law, rule or regulation. No other signage, including advertising, shall be permitted.
(Ord. 2003-26. Passed 4-17-03.)
1224.11 LOT SIZE AND SETBACKS.
All proposed Towers and any other proposed Wireless Telecommunications Facility structures shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: A distance equal to the height of the proposed Tower or Wireless Telecommunications Facility structure plus ten percent (10%) of the height of the Tower or structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any Accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.
(Ord. 2003-26. Passed 4-17-03.)
1224.12 RETENTION OF EXPERT ASSISTANCE AND REIMBURSEMENT BY APPLICANT.
(a) The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any requests for recertification.
(b) An Applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable costs of consultant and expert evaluation and consultation to the City in connection with the review of any Application including the construction and modification of the site, once permitted. The initial deposit shall be $8,500.00. The placement of the $8,500 with the City shall precede the pre-application meeting. The City shall maintain a separate escrow account for all such funds. The City's consultants/experts shall invoice the City for its services in reviewing the Application, including the construction and modification of the site, once permitted. If at any time during the process this escrow account has a balance less than $2,500.00, the Applicant shall immediately, upon notification by the City, replenish said escrow account so that it has a balance of at least $5,000.00. Such additional escrow funds shall be deposited with the City before any further action or consideration is taken on the Application. In the event that the amount held in escrow by the City is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the Applicant.
(c) The total amount of the funds needed as set forth in subsection (b) hereof may vary with the scope and complexity of the project, the completeness of the Application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.
(Ord. 2003-26. Passed 4-17-03.)
1224.13 EXCEPTIONS FROM A CONDITIONAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
(a) No Person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of, Wireless Telecommunications Facilities as of the effective date of this chapter without having first obtained a Conditional Use Permit for Wireless Telecommunications Facilities. Notwithstanding anything to the contrary in this section, no Conditional Use Permit shall be required for those non-commercial exceptions noted in the definition of Wireless Telecommunications Facilities.
(b) All Wireless Telecommunications Facilities existing on or before the effective date of this chapter shall be allowed to continue as they presently exist, provided however, that any visible modification of an existing Wireless Telecommunications Facility must comply
with this chapter.
(Ord. 2003-26. Passed 4-17-03.)
1224.14 PUBLIC HEARING AND NOTIFICATION REQUIREMENTS.
(a) Prior to the approval of any Application for a Conditional Use Permit for Wireless Telecommunications Facilities, a public hearing shall be held by the City, notice of which shall be published in the newspaper of general circulation in the City no less than ten (10) calendar days prior to the scheduled date of the public hearing. In order that the City may notify nearby landowners, the Application shall contain the names and addresses of all landowners whose property is located within fifteen hundred (1500) feet of any property line of the lot or parcel on which the new Wireless Telecommunications Facilities are proposed to be located.
(b) There shall be no public hearing required for an application to co-locate on an existing tower or other structure, as long as there is no proposed increase in the height of the Tower or structure, including attachments thereto.
(c) The City shall schedule the public hearing referred to in subsection (a) hereof once it finds the Application is complete. The City, at any stage prior to issuing a Conditional Use Permit, may require such additional information as it deems necessary.
(Ord. 2003-26. Passed 4-17-03.)
1224.15 ACTION ON AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
(a) The City will undertake a review of an Application pursuant to this Chapter in a timely fashion, and shall act within a reasonable period of time given the relative complexity of the Application and the circumstances, with due regard for the public's interest and need to be involved, and the Applicant's desire for a timely resolution.
(b) The City may refer any Application or part thereof to any advisory or other committee for a non-binding recommendation.
(c) After the public hearing and after formally considering the Application, the City may approve, approve with conditions, or deny a Conditional Use Permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the Applicant.
(d) If the City approves the Conditional Use Permit for Wireless Telecommunications Facilities, then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the City's action, and the Conditional Use Permit shall be issued within thirty (30) days after such approval. The City may, at its option, require a development plan to be submitted by the applicant for review by the City in accordance with Chapter 1220 of this Code. Such development plan can be reviewed and acted upon concurrently with applicant's request for its Conditional Use Permit. An applicant for a co-location on an existing tower, with no proposed change to the height of the pole and when the existing development plan provides for such expansion, is exempted from filing an additional development plan.
(e) If the City denies the Conditional Use Permit for Wireless Telecommunications Facilities, then the Applicant shall be notified of such denial in writing within ten (10) calendar days of the City's action.
(Ord. 2003-26. Passed 4-17-03.)
1224.16 RECERTIFICATION OF A CONDITIONAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
(a) Between twelve (12) months and six (6) months prior to the five (5) year anniversary date after the effective date of the Conditional Use Permit and all subsequent five year anniversaries of the effective date of the original Conditional Use Permit for Wireless Telecommunications Facilities, the holder of a Conditional Use Permit for such Wireless Telecommunication Facilities shall submit a signed written request to the City for recertification. In the written request for recertification, the holder of such Conditional Use Permit shall note the following:
(1) The name of the holder of the Conditional Use Permit for the Wireless Telecommunications Facilities;
(2) If applicable, the number or title of the Conditional Use Permit;
(3) The date of the original granting of the Conditional Use Permit;
(4) Whether the Wireless Telecommunications Facilities have been moved, relocated, rebuilt, or otherwise visibly modified since the issuance of the Conditional Use Permit and if so, in what manner;
(5) If the Wireless Telecommunications Facilities have been moved, re-located, rebuilt, or otherwise visibly modified, then whether the City approved such action, and under what terms and conditions, and whether those terms and conditions were complied with;
(6) That the Wireless Telecommunications Facilities are in compliance with the Conditional Use Permit and compliance with all applicable codes, Laws, rules and regulations;
(7) Recertification that the Tower and attachments both are designed and constructed and continue to meet all local, City, State and Federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a Professional Engineer licensed in the State, the cost of which shall be borne by the Applicant.
(b) If, after such review, the City determines that the permitted Wireless Telecommunications Facilities are in compliance with the Conditional Use Permit and all applicable statutes, laws, local laws, chapters, codes, rules and regulations, then the City shall issue a recertification of the Conditional Use Permit for the Wireless Telecommunications Facilities, which may include any new provisions or conditions that are mutually agreed upon, or that are required by applicable statutes, laws, chapters, codes, rules or regulations. If, after such review it is determined that the permitted Wireless Telecommunications Facilities are not in compliance with the Conditional Use Permit and all applicable statutes, laws, Chapters, codes, rules and regulations, then the City may refuse to issue a recertification Conditional Use Permit for the Wireless Telecommunications Facilities, and in such event, such Wireless Telecommunications Facilities shall not be used after the date that the Applicant receives written notice of the decision by the City until such time as the Facility is brought into compliance. Any decision requiring the cessation of use of the Facility or imposing a penalty shall be in writing and supported by substantial evidence contained in a written record and shall be promptly provided to the owner of the Facility.
(c) If the Applicant has submitted all of the information requested and required by this Chapter, and if the review is not completed, as noted in subsection (b) hereof, prior to the five (5) year anniversary date of the Conditional Use Permit, or subsequent five year anniversaries, then the Applicant for the permitted Wireless Telecommunications Facilities shall receive an extension of the Conditional Use Permit for up to six (6) months, in order for the completion of the review.
(d) If the holder of a Conditional Use Permit for Wireless Telecommunications Facilities does not submit a request for recertification of such Conditional Use Permit within the timeframe noted in subsection (a) of this section, then such Conditional Use Permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the Conditional Use Permit, or subsequent five year anniversaries, unless the holder of the Conditional Use Permit adequately demonstrates that extenuating circumstances prevented a timely recertification request. If the City agrees that there were legitimately extenuating circumstances, then the holder of the Conditional Use Permit may submit a late recertification request or Application for a new Conditional Use Permit.
(Ord. 2003-26. Passed 4-17-03.)
1224.17 EXTENT AND PARAMETERS OF CONDITIONAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall be as follows:
(a) Such Conditional Use Permit shall be non-exclusive;
(b) Such Conditional Use Permit shall not be assigned, transferred or conveyed without the express prior written notification to the City.
(c) Such Conditional Use Permit may, following a hearing upon due prior notice to the Applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional Use Permit, or for a material violation of this Chapter after prior written notice to the holder of the Conditional Use Permit.
(Ord. 2003-26. Passed 4-17-03.)
1224.18 APPLICATION FEE.
An application fee for a wireless telecommunication facility shall be accompanied by a fee in accordance with Section 1115.09 of the Planning and Platting Code.
(Ord. 2017-5. Passed 6-1-17.)
1224.19 PERFORMANCE SECURITY.
The Applicant and the owner of record of any proposed Wireless Telecommunications Facilities property site shall, at its cost and expense, be jointly required to execute and file with the City a bond, or other form of security acceptable to the City as to type of security and the form and manner of execution, in an amount of at least $75,000.00 and with such sureties as are deemed sufficient by the City to assure the faithful performance of the terms and conditions of this chapter and conditions of any Conditional Use Permit issued pursuant to this chapter. The full amount of the bond or security shall remain in full force and effect throughout the term of the Conditional Use Permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original Conditional Use Permit.
(Ord. 2003-26. Passed 4-17-03.)
1224.20 RESERVATION OF AUTHORITY TO INSPECT WIRELESS TELECOMMUNICATIONS FACILITIES.
In order to verify that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities and any and all lessees, renters, and/or licensees of Wireless Telecommunications Facilities, place and construct such facilities, including Towers and Antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, chapters and regulations and other applicable requirements, the City may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, Towers, Antennas and buildings or other structures constructed or located on the permitted site.
(Ord. 2003-26. Passed 4-17-03.)
1224.21 ANNUAL NIER CERTIFICATION.
The holder of the Conditional Use Permit for wireless telecommunications facilities shall, annually, certify to the City that NIER levels at the site are within the threshold levels adopted by the FCC.
(Ord. 2003-26. Passed 4-17-03.)
1224.22 LIABILITY INSURANCE.
(a) A holder of a Conditional Use Permit for Wireless Telecommunications Facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the Conditional Use Permit in amounts as set forth below:
(1) Commercial General Liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate;
(2) Automobile Coverage: $1,000,000.00 per occurrence/ $2,000,000 aggregate;
(3) Workers’ Compensation and Disability: Statutory amounts.
(b) The Commercial General liability insurance policy shall specifically include the City and its officers, Council, employees, committee members, attorneys, agents and consultants as additional named insureds.
(c) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with a Best's rating of at least A.
(d) The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least thirty (30) days prior written notice in advance of the cancellation of the insurance.
(e) Renewal or replacement policies or certificates shall be delivered to the City at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace.
(f) Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no case later than fifteen (15) days after the grant of the Conditional Use Permit, the holder of the Conditional Use Permit shall deliver to the City a copy of each of the policies or certificates representing the insurance in the required amounts.
(Ord. 2003-26. Passed 4-17-03.)
1224.23 INDEMNIFICATION.
(a) Any application for Wireless Telecommunication Facilities that is proposed for City property, pursuant to this Chapter, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the City, and its officers, Council, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said Facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the City, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the City.
(b) Notwithstanding the requirements noted in subsection (a) hereof, an indemnification provision will not be required in those instances where the City itself applies for and secures a Conditional Use Permit for Wireless Telecommunications Facilities.
(Ord. 2003-26. Passed 4-17-03.)
1224.24 FINES AND PENALTIES.
(a) In the event of a violation of this chapter or any Conditional Use Permit issued pursuant to this Chapter, the City may impose and collect, and the holder of the Conditional Use Permit for Wireless Telecommunications Facilities shall pay to the City, fines or penalties as set forth below.
(b) A violation of this chapter is hereby declared to be a misdemeanor of the second (2nd) degree. Each week's continued violation shall constitute a separate additional violation.
(c) Notwithstanding anything in this chapter, the holder of the Conditional Use Permit for Wireless Telecommunications Facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this chapter. An attempt to do so shall subject the holder of the Conditional Use Permit to termination and revocation of the Conditional Use Permit. The City may also seek injunctive relief to prevent the continued violation of this Chapter, without limiting other remedies available to the City.
(Ord. 2003-26. Passed 4-17-03.)
1224.25 DEFAULT AND/OR REVOCATION.
(a) If Wireless Telecommunications Facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this chapter or of the Conditional Use Permit, then the City shall notify the holder of the Conditional Use Permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven (7) days of the date of the postmark of the Notice, or of the date of personal service of the Notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this chapter, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the City may, at its sole discretion, order the violation remedied within twenty-four (24) hours.
(b) If within the period set forth in subsection (a) hereof the Wireless Telecommunications Facilities are not brought into compliance with the provisions of this Chapter, or of the Conditional Use Permit, or substantial steps are not taken in order to bring the affected Wireless Telecommunications Facilities into compliance, then the City may revoke such Conditional Use Permit for Wireless Telecommunications Facilities, and shall notify the holder of the Conditional Use Permit within forty-eight (48) hours of such action.
(Ord. 2003-26. Passed 4-17-03.)
1224.26 REMOVAL OF WIRELESS TELECOMMUNICATIONS FACILITIES.
(a) Under the following circumstances, the City may determine that the health, safety, and welfare interests of the City warrant and require the removal of Wireless Telecommunications Facilities.
(1) Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as Wireless Telecommunications Facilities) for a period exceeding ninety (90) consecutive days or a total of one hundred-eighty (180) days in any three hundred sixty-five (365) day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days;
(2) Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it creates a health or safety hazard;
(3) Wireless Telecommunications Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any other necessary authorization.
(b) If the City makes such a determination as noted in subsection (a) hereof, then the City shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be removed. The City may approve an interim temporary use agreement/permit, such as to enable the sale of the Wireless Telecommunications Facilities.
(c) The holder of the Conditional Use Permit, or its successors or assigns, shall dismantle and remove such Wireless Telecommunications Facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the City. However, if the owner of the property upon which the Wireless Telecommunications Facilities are located wishes to retain any access roadway to the Wireless Telecommunications Facilities, the owner may do so with the approval of the City.
(d) If Wireless Telecommunications Facilities are not removed or substantial progress has not been made to remove the Wireless Telecommunications Facilities within ninety (90) days after the permit holder has received notice, then the City may order officials or representatives of the City to remove the Wireless Telecommunications Facilities at the sole expense of the owner or Conditional Use Permit holder.
(e) If the City removes, or causes to be removed, Wireless Telecommunications Facilities, and the owner of the Wireless Telecommunications Facilities does not claim and remove it from the site to a lawful location within ten (10) days, then the City may take steps to declare the Wireless Telecommunications Facilities abandoned, and sell them and their components.
(f) Notwithstanding anything in this Section to the contrary, the City may approve a temporary use permit/agreement for the Wireless Telecommunications Facilities, for no more than ninety (90) days, during which time a suitable plan for removal, conversion, or relocation of the affected Wireless Telecommunications Facilities shall be developed by the holder of the Conditional Use Permit, subject to the approval of the City, and an agreement to such plan shall be executed by the holder of the Conditional Use Permit and the City. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the City may take possession of and dispose of the affected Wireless Telecommunications Facilities in the manner provided in this Section.
(Ord. 2003-26. Passed 4-17-03.)
1224.27 RELIEF.
Any Applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such at the pre-Application meeting, provided that the relief or exemption is contained in the original Application for either a Conditional Use Permit, or in the case of an existing or previously granted Conditional Use Permit a request for modification of its Tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the Applicant to prove. The Applicant shall bear all costs of the City in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the City, its residents and other service providers.
(Ord. 2003-26. Passed 4-17-03.)
1224.28 PERIODIC REGULATORY REVIEW BY THE CITY.
(a) The City may at any time conduct a review and examination of this entire chapter.
(b) If after such a periodic review and examination of this chapter, the City determines that one or more provisions of this chapter should be amended, repealed, revised, clarified, or deleted, then the City may take whatever measures are necessary in accordance with applicable Law in order to accomplish the same. It is noted that where warranted, and in the best interests of the City, the City may repeal this entire chapter at any time.
(c) Notwithstanding the provisions of subsections (a) and (b) hereof, the City may at any time, and in any manner (to the extent permitted by Federal, State, or local law), amend, add, repeal, and/or delete one or more provisions of this chapter.
(Ord. 2003-26. Passed 4-17-03.)
1224.29 ADHERENCE TO STATE AND/OR FEDERAL RULES AND REGULATIONS.
(a) To the extent that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities has not received relief, or is otherwise exempt, from appropriate State and/or Federal agency rules or regulations, then the holder of such a Conditional Use Permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any State or Federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.
(b) To the extent that applicable rules, regulations, standards, and provisions of any State or Federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a Conditional Use Permit for Wireless Telecommunications Facilities, then the holder of such a Conditional Use Permit shall conform the permitted Wireless Telecommunications Facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.
(Ord. 2003-26. Passed 4-17-03.)
1224.30 CONFLICT WITH OTHER LAWS.
Where this chapter differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the City, State or federal government, this chapter shall apply.
(Ord. 2003-26. Passed 4-17-03.)
1225.01 PURPOSE.
Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming buildings, land and uses are hereby established in order to achieve among others, the following purposes:
(a) To permit the continuance but control of nonconformity so as to minimize any adverse effect on the adjoining properties and development;
(b) To regulate nonconforming building maintenance, repair and extension;
(c) To restrict nonconforming building rebuilding if such building is substantially destroyed;
(d) To require the permanent discontinuance of nonconforming buildings, land and uses if the same are not operated for certain periods; and
(e) To require conformity if nonconforming buildings, land and uses are discontinued and to bring about eventual conformity in accordance with the objectives of the Guide Plan of the City.
(Ord. 1969-169. Passed 7-16-70.)
1225.02 NONCONFORMING BUILDINGS.
“Nonconforming building” means a building or other structure existing lawfully at the time this Zoning Code or any subsequent amendment thereto became effective but which does not conform as to dimensions (area and width of lot, width of yards, percent of land coverage, or height of building), or as to design (designed or intended for a use not permitted or compatible with the type of structure), or other regulations of the district in which it is located. A nonconforming building may be continued as follows:
(a) Maintenance and Repair. A building nonconforming as to dimensions and/or design may be continued to be used and normal repairs and improvements may be made. For the purpose of this Zoning Code, normal repairs include the ordinary maintenance of a building or structure, the replacement of equipment which is required for safety of operation and the replacement or substitutions of machinery or equipment. Normal repairs do not include the replacement of structural parts in any building nonconforming as to design except when required by law to restore the structure to a safe condition or to make the building or use conforming.
(b) Additions. A building nonconforming as to dimensions may be added to or enlarged if the additions are made to conform to the area, yard, percent of coverage, usable open space and height regulations of the district in which it is located.
(c) Moving. A building nonconforming as to dimension and/or design, may be moved in whole or in part to any other location on the lot or to another lot if every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.
(d) Restoration of Damaged Building. If a nonconforming building is damaged or destroyed by any means to the extent of less than its assessed value as shown in the current record of the County Auditor, those portions so destroyed or damaged may be restored but to not more than their former size, provided such restoration is completed within a period of one year from the date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage, such use may be re-established.
If a building nonconforming as to dimension only is damaged or destroyed more than its assessed value, it may only be restored or rebuilt in conformance with all the yard, percent of coverage and height regulations of the district in which it is located.
If a building nonconforming as to design is damaged or destroyed more than its assessed value, no repairing or reconstruction shall be made unless every portion of the building is made to conform to all regulations of the district in which the building is located and it shall be occupied only by a conforming use. Determination of the value of the reproduction of that which was destroyed shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the Director of Inspections and the third to be selected by the mutual consent of the two parties.
(e) Discontinuance of Use. If any nonconforming building or portion thereof is not occupied by a use for a continuous period of at least one year, the nonconforming building or nonconforming portion thereof shall be reconstructed to comply with this Zoning Code.
(Ord. 1969-169. Passed 7-16-70.)
1225.03 NONCONFORMING USE OF BUILDINGS.
“Nonconforming use of a building” means the use of a building existing lawfully at the time this Zoning Code or any amendment thereto became effective, but which does not conform to the use, advertising sign, parking or loading regulations of the district in which it is located. Any nonconforming use of a building may be continued only under the following conditions:
(a) Change of Use. The nonconforming use of a building may only be changed to a conforming use.
(b) Expansion of Use. The nonconforming use of part of a building may not be expanded or extended.
(c) Discontinuance of Use. If any nonconforming use within a building or portion thereof is discontinued for a continuous period of one year, any future use of such building or portion thereof so discontinued shall comply with this Zoning Code.
(e) Nonconforming Parking Facilities. A building or use existing lawfully at the time this Zoning Code or any amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. However, any parking spaces that may be provided thereafter shall comply with the regulations set forth in Chapter 1221. Further more, if the existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be made at least equal to the number of spaces required for the entire building or use in accordance with all provisions of Chapter 1221.
(f) Nonconforming Use; Performance Standards. Any use established before the effective date of this Zoning Code (Ordinance 1969-169, passed July 16, 1970) and nonconforming as to one or more of the performance standards established for industrial operations, shall be required to conform thereto within two years.
(Ord. 1969-169. Passed 7-16-70.)
1225.04 NONCONFORMING USE OF LAND.
“Nonconforming use of land” means any parcel of land nonconforming as to use, existing lawfully at the time this Zoning Code or any amendment thereto became effective but which does not conform with the use and/or dimension regulations of the district in which it is located. Any nonconforming use of land may be continued under the following conditions:
(a) Change of Use. The nonconforming use of land shall not be changed except to any other use which complies with this Zoning Code.
(b) Expansion of Use. The use of a lot or part thereof, nonconforming as to use shall not be expanded or extended.
(c) Discontinuance of Use. If any lot or part thereof, nonconforming as to use is discontinued for a continuous period of at least one year, any future use of such lot or part thereof, shall comply with the use regulations of this Zoning Code.
(Ord. 1969-169. Passed 7-16-70.)
1225.05 NONCONFORMING LOT.
Any parcel of land nonconforming as to lot area and/or lot width requirements of the district in which it is located, existing lawfully at the time this Zoning Code or an amendment thereto became effective, may be developed in accordance with limitations set forth in Section 1211.12. (Ord. 1969-169. Passed 7-16-70.)
1225.06 NONCONFORMING DUE TO AMENDMENTS.
The foregoing provisions of this chapter shall also apply to buildings, structures, land or other uses which hereafter become nonconforming as a result of reclassification of districts, regulations or of other amendments made to this Zoning Code.
(Ord. 1969-169. Passed 7-16-70.)
1226.01 INTENT AND SCOPE OF APPLICATION.
Each use listed in this article, whether permitted by right or subject to approval as a conditional use, shall be subject to the site development standards specified, in addition to applicable standards and regulations for the district in which the use is located. These standards are intended to alleviate impacts and assure that such uses are compatible with neighboring properties and the orderly development of the district.
Unless otherwise specified, each use listed in this article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located. Compliance with the standards in this article does not relieve the owner or operator of a permitted use from complying with additional standards in other applicable city ordinances.
(Ord. 2017-54. Passed 7-6-17.)
1226.02 LICENSED CHILD DAY CARE CENTERS, PRESCHOOL FACILITIES OR ADULT DAY CARE FACILITIES.
(a) Conditional Use Permits. In addition to the requirements of this chapter, conditional use permits for licensed child day care centers, preschool facilities, or adult day care facilities shall be in accordance with the general conditions of Section 1227.03.
(b) Development Plans. When required, development plans shall be provided in accordance with Chapter 1220.
(c) Licensed child day care centers or preschool facilities shall be permitted in accordance with the following requirements:
(1) General requirements:
a. The lot contains sufficient land and size to provide adequate open space, safe vehicular, pedestrian, and emergency vehicle access, good circulation patterns and vehicle queuing on the property.
b. Child day care centers shall be licensed through the Ohio Department of Job and Family Services pursuant to Section 5101:2-12 of the Ohio Administrative Code (OAC) as may be amended from time to time.
c. An access site plan shall be provided indicating the following:
1. All building entrances shall have entry password protected locking doors.
2. Safe pedestrian routes and access for parking lots and driveway areas used for the licensed child day care center including safety measures, such as:
i. Pedestrian signage and pavement word and symbol markings at pedestrian crossings, driveways, travel lanes, and other key locations within the parking lot to warn motorists of a potentially high concentration of children, such as pavement text and/or striping, warning lights, stop signs, yield signs, signs with "Caution - Children's Crossing" or other cautionary messages.
ii. Pedestrian refuge islands.
iii. Speed bumps or speed tables.
d. Dedicated vehicular drop-off/pick up locations:
1. Shall be within 30' of the entrance, unless otherwise provided at the street by school bus or public transportation.
2. Shall be provided at sidewalks leading to the licensed child day care center and marked clearly with signs and/or striping in parking lots and driveways.
3. May be provided as a reserved parking area or a paved unobstructed drop-off/pick-up lane adjacent to the licensed child day care center.
4. If parking spaces are not contiguous to the entrance sidewalk, then a walkway shall be provided with diagonal striping to spaces.
5. The number of reserved parking spaces or stacking spaces in a drop-off/pick-up lane shall be provided in accordance with the following formula:
Reserved or stacking spaces | = | (A x B) | x | 2 |
60 |
A = maximum estimated number of children picked up or dropped off per hour
B = minutes required per child
e. Playgrounds shall be provided in accordance with the requirements of the OAC and the following regulations:
1. Playgrounds adjacent to parking areas shall be enclosed by a solid decorative fence at least 5 feet in height and protected on the exterior by a series of steel bollards.
2. Playgrounds shall not be located within a required setback area.
3. Playground equipment shall be in earth tone colors when visible from adjacent streets or residences.
4. Playgrounds shall not be located within a front yard.
5. Playgrounds shall provide entry password protected locking gate or gates to the parking lot for an emergence evacuation exit as required by the fire and building departments.
6. Playgrounds shall be not be located where parking spaces directly abut.
7. Dumpsters, compactors and mechanical equipment:
a. Any new or existing dumpsters must be located in a dumpster enclosure in accordance with section 1216.03(j).
b. Playgrounds shall be located a minimum of 50' from a dumpster enclosure, compactor, or mechanical equipment.
c. Compactors shall be inaccessible to children and not operated during times when the playground is in use.
f. Hours of operation shall be in accordance with Section 753.01, Closing Hours, of the Westlake Business Code.
g. A minimum requirements for indoor and outdoor space and maximum group size shall be as established by the OAC.
h. The maximum occupancy as set by the Fire Department shall not supersede stricter requirements for children as set by the OAC.
i. Surveillance cameras shall be provided at building entrances, pedestrian access routes and outdoor playground areas.
(2) Additional regulations for licensed child day care centers or preschool facilities by zoning district
a. Residential Districts. Licensed child day care centers or preschool facilities shall be a conditional use that is accessory to a permitted main institutional use such as a place of worship, or public or parochial primary or secondary school. Licensed child day care centers or preschool facilities are not permitted as main uses in residential districts.
b. Planned Unit Developments. Licensed child day care centers or preschool facilities shall be a conditional main or accessory use in accordance with this chapter or as otherwise provided for in the PUD and/or conditional use permit ordinances.
c. Planned Office District and Office Building Districts. Licensed child day care centers or preschool facilities shall be a conditional main or accessory use in accordance with this chapter. The following additional requirements shall apply when located in a new standalone building constructed for the purpose of a licensed child day care center or preschool facility:
1. Two acres in lot area.
2. Minimum lot width of 200 feet.
3. Building and use front yard setback of at least 100 feet.
4. Maximum building coverage is 15% of the total zoning lot.
d. Shopping Center, General Business and Executive Office Park. Licensed child day care centers or preschool facilities shall be a conditional main or accessory use in accordance with this chapter and the following:
1. The licensed child day care center or preschool facility is the single use within the building and sole use on the parcel when located in the Shopping Center or General Business District.
2. The front yard setback for the building and use is not less than 100 feet.
3. The side yard setbacks for the buildings are not less than twenty feet.
4. The maximum building coverage is 15% of the total zoning lot.
(d) Adult day care facilities shall be permitted in accordance with the following requirements:
(1) No overnight stays are permitted.
(2) Applicant must apply for, obtain and maintain annual certification from the Ohio Department of Human Services, the Ohio Department on Aging and/or their designated regional agency to operate as a PASSPORT provider, or in the event that the PASSPORT program is discontinued, apply for, obtain and maintain a similar license from the State of Ohio for adult day care facilities. Applicant must comply with any and all future applicable State licensing requirements as they are implemented.
(3) All adult day care facilities to be located on a single floor with ground level access to all doors without stairs.
(4) Adult day care facility shall contain not less than 90 square feet of gross floor area per person with not less than 60 square feet per person of net indoor activity and living area. In addition, adult day care facility shall provide not less than 35 square feet per person of outdoor sitting, walking and activity area.
(5) The outdoor activity area shall be completely enclosed in a minimum 5 foot high fence with locks and alarm monitored gates.
(6) A drop-off and pickup area shall be provided with handicap accessible access within 30 feet of the main entrance and provide a vehicle storage lane for not less than six vehicles.
(7) The main entrance to the building and all emergency exits shall be accessible to emergency medical vehicles and fire emergency vehicles.
(8) Compliance with Chapter 1383 of the Building Code is required.
(Ord. 2017-54. Passed 6-7-17.)
1226.03 STANDARD RESTAURANT ACCESSORY TO MICROBREWERIES IN THE EXCLUSIVE INDUSTRIAL DISTRICT.
(a) Conditional Use Permits. In addition to the requirements of this chapter, a conditional use permit is required in accordance with the general conditions of Section 1227.03.
(b) Development Plans. When required, development plans shall be provided in accordance with Chapter 1220.
(c) Standard restaurant accessory to microbreweries are permitted in accordance with the following requirements:
(1) The total square footage of the standard restaurant, not including any outdoor dining facility, shall not exceed thirty three and one third percent (33 1/3%) of the total square footage used for the production of alcoholic beverages and any other non-restaurant purposes.
(2) The standard restaurant is located in the same building that is used for production.
(5) The microbrewery shall have sufficient equipment and capacity to produce 7,500 barrels per year in the same building as the standard restaurant.
(Ord. 2017-121. Passed 2-15-18.)
1226.04 OUTDOOR DINING FACILITIES.
(a) Definitions. As used in this chapter:
(1) “Outdoor dining facility” means an accessory (type 1) or conditional (type 2) use of an area located adjacent to an existing restaurant used for outdoor dining with the total area for seating not in excess of thirty three and one third percent (33 1/3%) of the total square footage of the existing restaurant. See Section 1216.03(aa) and (bb) for definitions of type 1 and type 2.
(2) “Restaurant” means a commercial establishment for the serving of and consumption of food and beverages on the premises which establishment shall serve both food and beverages and shall have as its primary consumption facility, an indoor dining area, and whose patrons are served at each table by a server.
(b) Approval.
(1) No person, firm, partnership or corporation shall operate an outdoor dining facility, as defined herein, without having first obtained approval from the Building Department or other appropriate City department, Commission and/or Council as required regarding compliance with all applicable Zoning, Building and Fire Codes and other provisions of the Codified Ordinances. Additional restrictions set forth in an approved development plan or conditional use permit for any outdoor dining facility shall be complied with at all times.
(2) The Director of Inspections, or their designee, and the Planning Director, or their designee, shall review each application and determine whether the proposed size, location and conditions of the outdoor seating area are suitable for outdoor dining in a safe manner. The review shall include, but not be limited to, the following considerations:
(i) Level surface area;
(ii) Distance to right-of-way;
(iii) Distance to parking lot traffic;
(iv) Adequate parking spaces exist considering the occupancy load of the restaurant;
(v) Adequate vehicular impact protection;
(vi) Adequate signage as to permitted alcohol consumption area;
(vii) Provision of a designated area;
(viii) Other considerations as may be necessary for the health, safety and welfare of the restaurant patrons and community at large.
(3) New permanent site improvements to any outdoor dining facility, in existence prior to May 1, 2023, shall be in compliance with this chapter.
(4) Outdoor dining facilities located in planned unit developments shall be approved in accordance with the provisions of Chapter 1212.
(5) Development plan approval is required for any permanent site improvements associated with an outdoor dining facility in accordance with Chapter 1220. Development plan approval in accordance with Chapter 1220 is required for any type 2 outdoor dining facility as defined in 1216.03(aa). The development plan and conditional use permit may be reviewed and decided upon concurrently.
(c) Prohibitions.
(1) Any outdoor dining facility not in compliance with Chapter 707 of the Codified Ordinances or the Zoning Code is hereby prohibited.
(2) Restaurants not meeting the parking requirements of Chapter 1221 are not permitted to have new or expanded outdoor dining facilities.
(Ord. 2023-15. Passed 1-4-24.)
1227.01 CONDITIONAL USE PERMITS.
Conditional use permits shall be required for certain types of uses enumerated in this Zoning Code which are so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and which are not permitted in certain locations by right. Such use may be permitted and desired in certain districts but not without consideration in each case of the effect of the uses upon neighboring land and the public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such uses is a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Zoning Code are conditional uses which may be permitted in residential, business or industrial districts, if the standards set forth in this chapter are fulfilled. Wireless telecommunication facilities are not subject to this chapter (see Chapter 1224, Siting of Wireless Telecommunication Facilities).
(Ord. 2023-15. Passed 1-4-24.)
1227.02 APPLICATION AND ACTION BY PLANNING COMMISSION AND COUNCIL.
(a) Application. A request for a conditional use permit may be made by the owner or his agent and shall be accompanied by a fee in accordance with Section 1115.09. This request shall be submitted in writing in the form of an application to the Director of Planning and Economic Development. The application for a conditional use permit shall then be submitted by the Director of Planning and Economic Development to Council.
(Ord. 2022-36. Passed 9-1-22.)
(b) Referral to Planning, Zoning and Legislative Committee of Council. Council shall initially refer the application to the Planning, Zoning and Legislative Committee of Council for consideration. Thereafter, Council shall vote at the meeting at which the report is submitted as to whether legislation should be drafted and placed on the agenda. If legislation is drafted, the Planning Commission shall recommend approval or disapproval of the legislation within sixty days from the date of referral unless a different period of time is provided by Council. If the Commission fails to act within the time allotted, it shall be deemed to have approved such matter. Council, upon receiving the recommendation of the Commission, shall hold a public hearing thereon and approve or disapprove the legislation.
(Ord. 2017-5. Passed 6-1-17.)
1227.03 STANDARDS FOR EVALUATING CONDITIONAL USE PERMITS.
An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
(a) Residential Districts.
(1) The proposed use shall be properly located in relation to the adopted Guide Plan and Thoroughfare Plan, particularly secondary and local streets and pedestrian circulation;
(2) When located on a local street, the proposed use shall generate the least possible traffic through a residential neighborhood;
(3) The proposed use shall be necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right;
(4) The location, design and operation of such use shall not discourage the appropriate development or impair the value of the surrounding residential district; and
(5) For temporary structures, every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are underway.
(b) Business and Industrial Districts.
(1) The proposed use shall be necessary to serve the community needs and if existing similar facilities located in a less restrictive district in which the use may be permitted by right, are inadequate;
(2) The proposed use shall pertain to schools, churches and other places of assembly no closer than necessary; and
(3) The location, extent and intensity of the proposed use shall be such that its operation is not objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare greater than is normal or as permitted by the performance standards of the district;
(4) The proposed use shall form a harmonious part of the business, research, service and industrial district, taking into account, among other considerations, convenience of access and relationship of one use to another;
(5) The proposed use shall be permitted in a less restrictive district than that in which it is permitted by right only because of its limited extent, modern equipment and processes; and
(6) The hours of operation and concentration of vehicles in connection with proposed use shall not be more hazardous or dangerous than the normal traffic of the district.
(c) Safeguards and Conditions. Safeguards and conditions may also be set forth in the permit in addition to the general standards set forth in subsection (a) and (b) herein.
(Ord. 1969-169. Passed 7-16-70.)
1227.04 LAPSE OF APPROVAL.
The approval of a conditional use permit shall become null and void if the construction of the building or site improvements are not started within a one-year period after date of approval.
(Ord. 1969-169. Passed 7-16-70.)
1229.01 DETERMINATION OF SIMILAR USES.
Upon application for a permit for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts, or on its own initiative, the Planning Commission may recommend additions or clarifications to Council based upon the following standards:
(a) Such use is not listed in any other classification of permitted buildings or uses;
(b) Such use is more appropriate to, and conforms more closely to the basic characteristics of the classification to which it is to be added then to any other classification;
(c) Such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than the other uses listed in the classification to which it is to be added; and
(d) Such a use does not generate traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(Ord. 1969-169. Passed 7-16-70.)
1229.02 ACTION BY COUNCIL.
Council may amend the regulation of similar uses in accordance with Article III, Section 13 of the City Charter.
(Ord. 1969-169. Passed 7-16-70.)
1230.01 UNOBSTRUCTED SIGHT ZONE.
No sign, ornamental fence, wall, structure, or planting shall be erected, established or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two streets or the intersection of a street and a driveway, except as provided below. This area shall be known as the unobstructed sight zone.
(a) The unobstructed sight zone shall be determined as follows:
(1) The area formed at the corner intersection of two planned right-of-way lines. The two sides of the triangular area being 25 feet in length measured along abutting planned right-of-way lines and third side being a line connecting these two sides, or
(2) The area formed at the corner intersection of a planned right-of-way and a driveway, the two sides of the triangular area being 20 feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two sides.
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(b) Fences, walls, structures, or plantings located in the unobstructed sight zone shall not be permitted to obstruct cross-visibility within a vertical height band between two and one-half feet to six feet above curb level. Trees shall be permitted provided that limbs and foliage are trimmed so that they do not extend into the cross-visibility area or otherwise create a traffic hazard.
(Ord. 2015-74. Passed 6-18-15.)
(Ord. 2015-74. Passed 6-18-15.)
1230.02 MARIJUANA; ADULT USE CANNABIS.
(a) The cultivation, processing, dispensing and testing of medical marijuana is prohibited in all Zoning Districts.
(b) Notwithstanding the provisions of Chapter 3780 of the Ohio Revised Code, cultivating, processing and dispensing of adult use cannabis, cannabis and marijuana is prohibited
within the corporate limits of the City.
(1) No person or entity licensed as an adult use cannabis operator under Section 3780 of the Ohio Revised Code shall open, establish or operate any business or commercial enterprise of any kind within the corporate limits of the City.
(2) No zoning clearance, permit or other administrative approval shall be approved or issued by any administrative official of the City, nor shall any variance be approved or granted, to any person, entity or other applicant desiring or intending to operate a business or commercial enterprise as an adult use cannabis operator within the corporate limits of the City.
(3) Any use or condition caused or permitted to exist in violation of any of the provisions of this Section shall be and hereby is declared to be a public nuisance and may be abated by the City. (Ord. 2024-19. Passed 4-18-24.)
1230.03 COMMERCIAL EXTERIOR LIGHTING.
(a) Purpose and Intent. It is the purpose of this Section to preserve, protect and enhance nighttime use of property in the City through the application of appropriate illumination practices in order to:
(1) Encourage a safe and enjoyable outdoor environment,
(2) Maintain a minimum standard of quality and functionality for exterior lighting in the City,
(3) Prevent unwanted glare, light trespass, uplight (sky glow), and over-illumination,
(4) Help protect the natural environment, including people, wildlife, and flora, from the adverse effects of artificial night lighting, and
(5) Comply with energy codes and conservation goals as established by the City and the State of Ohio.
(b) Applicability.
(1) All development requiring a development plan, and all new and/or retrofitted exterior lighting installations in Multi-family, Business, Industrial, Health Campus, and Planned Districts, shall be regulated by the standards and requirements herein. See also 1237.04(b)(1)(D).
(3) Illumination of Signs- see Section 1223.07
(6) Any property that is abandoned and then brought back into use, and any property that changes zone or use classification, shall be brought into conformance with the standards and requirements herein prior to resumption of use.
(7) All major additions or modifications to existing installations in Multi-family, Business, Industrial, Health Campus, and Planned Districts, where twenty-five (25) percent or more in terms of parking spaces, floor area, dwelling units, or other elements deemed by the City to be major, shall require the entire property to be brought into conformance with the standards and requirements herein.
(c) Conformance with Other Codes and Standards.
(1) This section directly references the Model Lighting Ordinance (MLO) as jointly developed by the Illuminating Engineering Society and the International Dark-Sky Association, published June 15, 2011. When a conflict arises between the MLO and the language of this section, then the more stringent requirement shall govern unless an exception is specifically indicated within this section.
(2) Installed lighting shall be conformant to the current recommended practices as published by the Illuminating Engineering Society (IES). In particular, illumination levels, uniformity ratios, and reflectance and glare control, shall be appropriate for the use and location.
(3) When there is a conflict between this section and other portions of the Code, then the more stringent requirement shall govern. Other applicable code elements include, but are not limited to: electrical, life safety, building, urban forestry, environmental, and zoning codes.
(4) This section shall not be used to circumvent any safety, health, or environmental requirements.
(d) Definitions.
(1) Absolute Lumen output- refer to Lumen below.
(2) BUG Rating- An exterior luminaire classification system that identifies relative levels of (B) backlight, (U) uplight, and (G) glare emitted by a luminaire. BUG Rating classifications are defined by the Illuminating Engineering Society.
(3) Candela-A unit of luminous intensity of a lighting source emitted in a given direction.
(4) Color Rendering Index (CRI)-A consensus method for determining how well a luminaire light source's spectral range aligns with that of a reference source, using an eight-color sample and a weighted numeric scale of up to 100 (perfect rendering, as with sunlight).
(5) Color Temperature (CT)- The measured comparison of a light source's chromaticity with that of an ideal black-body radiator, measured in degrees Kelvin (K). The color temperature of a source is an indicator of the color of the source when directly viewed by an observer. CT should not be confused wth CRI, as these are not directly related. CT is used particularly with incandescent and halogen light sources.
(6) Correlated Color Temperature (CCT)- the measured Color Temperature of a light source that is not a full-spectrum emitter, therefore does not fall directly on the ideal black-body locus. CCT represents the nearest visual match of a source to the black-body locus. CCT is used particularly with solid state LED, fluorescent, and discharge light sources.
(7) Cutoff or Full Cutoff- Refer to Shielding.
(8) Curfew-A time each night after which certain artificial illumination must be reduced in intensity or turned off.
(9) Energy Code- The code adopted state-wide for the regulation of building envelopes and energyconsuming systems used in the built environment, intended to minimize energy consumption while maintaining appropriate and comfortable environs. This code addresses artificial lighting energy consumption and control requirements that must be met. As of January 2017, the codes in effect are:
A. Residential Energy Code: 2009 International Energy Conservation Code with some state amendments.
B. Commercial Energy Code: 2012 International Energy Conservation Code, or ASH RAE Standard 90.1-2010, with amendments.
(10) Facade- The exterior wall(s) of a building or structure.
(11) Footcandle- The unit of measure expressing the quantity of light incident to a surface. One footcandle is the illuminance produced by a reference candle on a surface of one square foot located one foot from the candle. A footcandle is equal to one (1) lumen distributed over a square foot of area.
(12) Glare - The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss of vision or visual performance.
(13) Hardscape Lighting- Any luminaires associated with site features, such as sculptures, fountains, pocket plazas, and similar elements.
(14) Landscape Lighting- Any luminaires mounted in-grade or within 3 feet above the finished grade, and used solely for accent illumination of landscaping, paths, and associated site spaces.
(15) Light Pollution- The added sky brightness caused by the scattering of electric light into the atmosphere. Also referred to as Sky Glow.
(16) Light Trespass- The effect caused by light that strays from the intended purpose and becomes an annoyance, a nuisance, results in loss of privacy, or is detrimental to visual acuity. Light Trespass is always a negative condition. For the purposes of this Code, Light Trespass includes any light that radiates or falls beyond the property line bounding the property upon which the source is installed.
(17) Lighting Zone- a classification of an area defined by varying levels of acceptable ambient light, population density, usage, and other considerations. Each planning or use zone within the City is assigned to a Lighting Zone. Zones are classified within this section, and are based upon the MLO.
(18) Lumen- the unit of measure for luminous flux (visible light) emitted by a light source. Absolute Lumen output (or Luminaire Lumen output) refers to the light emitted from a lighting system, after losses within the lumina ire are subtracted. For example, a 15,000 Lumen lamp installed within a luminaire having 80% net efficiency in optics, power supply, and enclosure, will have an Absolute Lumen output of 12,000 Lumens.
(19) Luminaire- a complete lighting unit consisting of light source(s), optical and emission control components, mounting and/or positioning components, interface components between light source and the power supply, and the enclosure or housing of the source and associated components.
(20) Luminance- the quantity of light emitted or reflected towards an observer, ie: what is seen by an observer.
(21) Nadir- the angle pointing straight down (plumb) from the center of a light source. Measurement of light emission from a source is measured in angular degrees from Nadir.
(22) Photometry- The measurement of quantities associated with visible light. Visual Photometry occurs when the human eye compares relative brightness. Physical photometry occurs when physical receptors are used to measure brightness. Photometric calculations are performed using software that can model physically measured photometric data to estimate illumination of surfaces from various source types, locations, and orientation.
(23) Shielding- A means for controlling the distribution of light from a luminaire. For exterior lighting, shielding results in a lumina ire being classified under one of the following levels of spill control:
A. Full cutoff- Luminaire emits no light above the horizontal plane aligned with the top of luminaire.
B. Cutoff- Luminaire emits no more than two (2) percent of its total light output above the horizontal plane aligned with the top of luminaire.
(24) Spill Light- any emitted or reflected artificial light that radiates or falls beyond the targeted illumination area.
(25) Temporary Lighting- refers to any luminaires or light sources that are installed with temporary wiring and operated for less than ninety (90) days before dismantling and removal. Includes seasonal and holiday lighting.
(e) Lighting Zones
(1) City Zoning Districts shall be designated into lighting zones as follows:
A. Lighting Zone 0 (LZ 0): Undeveloped parkland
B. Lighting Zone 1 (LZ 1): One-and Two-Family Residential; Exclusive Industrial
C. Lighting Zone 2 (LZ 2): Multi-Family Residential; All Business Districts except Shopping Center, Interchange Services, and Integrated Shopping Center; Office-Laboratory; Exclusive Office Laboratory; Health Campus District
D. Lighting Zone 3 (LZ 3): Shopping Center; Interchange Services; Integrated Shopping Center
E. Subject to Planning Commission review: Planned Unit Districts
(2) The Lighting Zone of a parcel or property shall determine the limitations for lighting as outlined in this section. Lighting Zones are generally described as follows:
A. LZ 0: Very Dark - Applicable to areas where natural darkness is critical, such as wildlife preserves, parks, and astronomical observatories.
B. LZ 1: Dark - Developed areas within park land, sensitive night environments, and areas where natural light levels are desirable for enjoyment of the night sky.
C. LZ 2: Low Lighting - Low density urban neighborhoods and districts, historic districts, suburban activity areas.
D. LZ 3: Medium Lighting - Areas with high night-time activity levels where occupants are adapted to brighter conditions, such as high density retail and commerce, certain mixed-use and planned developments, high traffic and pedestrian interface areas, and Business Districts that have been granted exceptions by the Planning Commission.
E. LZ 4: High Lighting (for reference only) - Densely populated urban centers, facilities requiring exceptional security such as military installations and penitentiaries, and themed attraction parks.
(f) Exempt Lighting. The following luminaires and lighting systems are exempt from the requirements of this section:
(1) Sign Lighting- Regulated elsewhere within this Code.
(2) Temporary lighting for television, theatrical, and performance areas.
(3) Code required emergency-only lighting and exit signs.
(4) Code required lighting at stairs and ramps.
(5) Aviation obstruction lighting and other lighting required and regulated by federal, state, and/or county agencies
(6) Interior lighting.
(7) Temporary lighting used during emergencies, for utility maintenance, or for hazard communication.
(g) Prohibited Light and Lighting
(1) There shall be no direct line of sight to the light source or reflector of any luminaire on the subject property, at any point three (3) feet or higher above grade along the property line.
A. Exception: area lighting at access drive connection to public streets. For this condition, the measurement may be taken at the roadway centerline to determine compliance.
(2) Building facade lighting shall be prohibited unless approved by the Planning Commission.
A. Exception : top-mounted lighting that illuminates the facade only, is shielded from view, with average initial facade surface illuminance of five (5) footcandles or less.
(3) Uplighting shall be prohibited unless an exception is granted by the Planning Commission.
A. Exception: appropriate illumination of governmental flags as approved by the Planning Commission.
B. Exception: Landscape accent illumination of hardscape elements as approved by the Planning Commission.
(4) The following luminaires are prohibited from being installed or used, unless special temporary permit is granted within LZ 3 only:
A. Searchlights ('sky' spots, 'beam' lights, etc).
B. Aerial Lasers or laser-like projectors.
C. Any luminaire with an initial output of 75,000 lumens or greater, or a beam intensity of 500,000 candelas or greater in any direction.
(h) Permitted Lighting
(1) Luminaire shielding, mounting, and installation requirements.
A. All luminaires shall conform to the following maximum allowable BUG Ratings, as applicable for the lighting zone of the site. Luminaires shall have fixed mounting (not adjustable), and shall be installed as directed by Manufacturer to comply with the published BUG Ratings for each luminaire.
i. Allowable Backlight Rating (B):
BACKLIGHT | LZ 0 | LZ 1 | LZ 2 | LZ 3 |
If greater than 2 mounting heights (MH) from property line | B1 | B3 | B4 | B5 |
If greater than 1 and up to 2 MH from property line | B1 | B2 | B3 | B4 |
If 0.5 to 1 MH from property line and oriented with backlight facing and perpendicular to property line | B0 | B1 | B2 | B3 |
If < 0.5 MH from property line and oriented with backlight facing and perpendicular to property line | B0 | B0 | B0 | B1 |
ii. Allowable Uplight Rating (U): Refer to g.3 above.
iii. Allowable Glare Rating (G):
GLARE | LZ 0 | LZ 1 | LZ 2 | LZ 3 |
Any luminaire located less than 2 MH from property line and NOT oriented with backlight facing and perpendicular to property line | G0 | G0 | G0 | G1 |
Any luminaire on subject property except those noted in row above | G0 | G0 | G1 | G1 |
Not used | ||||
Not used |
iv. Exception: facade and approved accent illumination may have adjustable mounting as necessary to meet aiming needs and requirements of this section.
B. Pole mounted luminaires shall not exceed the following elevations from luminaire aperture to finished grade directly below:
i. LZ 0 = 16'-0"
ii. LZ 1, LZ 2 = 20' -0"
iii. LZ 3, exclusive industrial, and auto dealership display areas = 25'-0"
iv. Streets and access drives= 30'-0"
C. Building mounted luminaires shall not be mounted higher than 16'-0" above finished grade directly below.
i. Exception: approved facade lighting.
(2) Site illumination criteria.
A. Illumination targets shall be dependent upon the lighting zone of the subject site, and based upon activity levels for each site feature, attribute, or area as identified in the tables below. All illumination shall be designed for maintained illumination, ie: factoring in depreciation over the operating life of the system. Initial illumination (prior to depreciation) must not exceed any maximum illuminance limits as identified in the table. All illuminance values are given in footcandles.
B. Table of illuminance values for Lighting Zone 1 (LZ 1):
HORIZONTAL TARGETS | VERTICAL TARGETS | |||||
APPLICATION/TASK | MAX. | AVG. | AVG. /MIN. | MAX | AVG. | AVG./ MIN. |
Building Entries - covered | 8.0 | 2.0 | 2:1 | 4.0 | 1.0 | 3:1 |
Building Entries - not covered | 5.0 | 1.0 | 2:1 | 2.5 | 0.5 | 3:1 |
Pedetrian Walkways | 3.0 | 0.5 | 3:1 | |||
Porte Cocheres/drive canopies | 6.0 | 1.5 | 3:1 | 4.0 | 1.0 | 3:1 |
Vehicular Drives and Circulation | 3.0 | 0.5 | 4:1 | .2 | ||
Connection to Public Street | 6.0 | 1.0 | 3:1 | 3.5 | 0.5 | 3:1 |
Parking areas | 3.0 | 0.5 | 4:1 | .2 | ||
Facades (where permitted) | ||||||
C. Table of illuminance values for Lighting Zone 2 (LZ 2):
HORIZONTAL TARGETS | VERTICAL TARGETS | |||||
APPLICATION/TASK | MAX. | AVG. | AVG. /MIN. | MAX. | AVG. | AVG./ MIN. |
Building Entries - covered | 12.0 | 4.0 | 4:1 | 6.0 | 2.0 | 3:1 |
Building Entries - not covered | 8.0 | 2.0 | 4:1 | 4.0 | 1.0 | 3:1 |
Pedestrian Walkways | 5.0 | 1.0 | 3:1 | |||
Porte Cocheres/drive canopies | 12.0 | 4.0 | 4:1 | 6.0 | 2.0 | 4:1 |
Vehicular Drives and Circulation | 5.0 | 1 | 3:1 | |||
Connection to Public Street | 6.0 | 1.0 | 3:1 | 3.5 | 0.5 | 3:1 |
Parking areas | 5.0 | 1.0 | 3:1 | |||
Facades (where permitted) | ||||||
D. Table of illuminance values for Lighting Zone 3 (LZ 3):
HORIZONTAL TARGETS | VERTICAL TARGETS | |||||
APPLICATION/TASK | MAX. | AVG. | AVG. /MIN. | MAX. | AVG. | AVG./ MIN. |
Building Entries - covered | 20.0 | 10.0 | 5:1 | 10.0 | 5.0 | 5:1 |
Building Entries - not covered | 15.0 | 5.0 | 4:1 | 7.5 | 2.5 | 5:1 |
Pedestrian Walkways | 10.0 | 1.0 | 3:1 | |||
Porte Cocheres/drive canopies | 20 | 5.0 | 4:1 | 8.0 | 2.5 | 4:1 |
Vehicular Drives and Circulation | 6.0 | 1.5 | 3:1 | |||
Connection to Public Street | 6.0 | 1.0 | 3:1 | 3.5 | 0.5 | 3:1 |
Parking areas | 8.0 | 1.0 | 2:1 | |||
Facades (where permitted) | ||||||
E. Color.
ii. Site and area luminaires:
1. Correlated color temperature (CCT) of no greater than 4100K.
2. Color rendering index (CRI) of no less than 60.
iii. Building entries, canopies, drop off areas, and facades:
1. CCT of no greater than 4100K.
2. CRI of no less than 70.
iv. Landscape and accent luminaires:
1. CCT of no greater than 3500K.
2. CRI of no less than 70.
(3) Landscape Lighting.
A. Lighting used to illuminate landscape, flags, statues, or other decorative elements, shall consist of full cut-off sources, or shall be directionally controlled and shielded so that illumination is substantially confined to the object being lit.
B. Landscape lighting levels shall not exceed prescribed illuminance criteria for pedestrian walkways as identified in (h)(2) of this Section.
i. Luminaires used for this purpose shall not emit more than 500 initial absolute lumens each, unless an exception is granted by the Planning Commission.
ii. Exception: approved lighting submitted as part of a PUD.
C. Landscape lighting shall never be aimed in a manner that will cause the source to be directly visible to motorists.
D. Under no circumstance shall landscape lighting result in glare or light trespass that violates other requirements of this Section.
(4) Lighting Controls.
A. All exterior lighting shall have controls suitable for reliable nightly operation, in compliance with this section and with applicable energy and electrical codes. Selection of luminaires, power supplies, and installation techniques shall be properly coordinated with the control means to ensure adherence to this section.
B. All exterior lighting shall be automatically turned OFF between dawn and dusk daily, with the following exceptions:
i. Photo sensor controlled lighting at drive and pedestrian areas may be triggered ON when sky overcast sufficiently reduces natural light to dusk levels.
ii. Adaptive illumination at garage entries, tunnels, or other covered drive and pedestrian areas where ocular adjustment from daylit zone is necessary.
C. Landscape and accent lighting in zone LZ 1 shall be automatically shut off before midnight nightly, with exception of illumination of government flags.
D. Landscape and accent lighting in zone LZ 2 shall be automatically shut off before midnight nightly, or within 30 minutes of closing, whichever is later.
E. Site and area lighting in all zones shall have output reduced at least 50% by 11PM nightly. Luminaires required to satisfy code required illumination at exit discharge or path of egress, shall be exempted from this requirement.
i. If controls include motion sensors for each area, then lighting levels may be permitted to rise above 50% when pedestrian-scale activity is detected, for a duration of no longer than ten minutes after last detection.
F. Site and area lighting in all zones shall be turned off by 1 AM nightly, with the following exceptions:
i. Operations that are open later than Midnight. These shall be shut off within one (1) hour of closing or at dawn, whichever is earlier.
ii. Security lighting as approved by the Planning Commission. Such lighting shall still comply with section (h)(4)(e).
(5) Exceptional uses.
A. The following exceptional use types shall be required to submit lighting plans to the Planning Commission for approval of lighting associated with this use type, subject to the allowances and conditions identified herein:
i. Automobile sales and rental areas
ii. Fuel station canopies
iii. Sports and recreation fields and play areas.
iv. Emergency entrances and ambulance loading/unloading areas in Health Campus Districts.
B. Planning Commission shall use best practices as identified by IES for evaluation of suitability.
(i) Existing Lighting.
(1) Lighting that has been installed prior to the effective date of this section, or that has already been permitted for construction and becomes operational within six (6) months of the effective date of this section, shall comply with the following:
A. Any additions, alterations, or use change as outlined in part (b) above, made after the effective date of this section, shall be in compliance with this section.
(j) Compliance Path.
(1) Luminaire selection, location, and positioning shall be designed to comply with this section, all applicable codes, and with best practices as prescribed by the Illuminating Engineering Society.
(2) Required information. For each property or site being submitted, the following shall be furnished to show compliance with this section:
A. Site lighting plan, in scale no smaller than 1:240, indicating position of every exterior luminaire including building mounted. Each luminaire shall be labeled to correspond with a luminaire schedule or with supplied luminaire data sheets.
B. Luminaire schedule and/or data sheets, indicating manufacturer, model, light engine/lamp, initial absolute lumen output, BUG rating, mounting height and method, and spill control components if not integral to luminaire.
C. Photometric site plan, in scale no smaller than 1:240, indicating direct illuminance on all hardscape, parking areas, sidewalks, entries, and property boundary areas.
i. Calculation point grid shall be spaced no greater than ten feet, and shall extend at least twenty feet beyond the property line or street centerline allowance where permitted.
ii. Where illuminance at property line is not zero, or when non-cutoff luminaires are used on the site, a vertical calculation plane at the property line shall be required to demonstrate compliance with light trespass requirements.
(Ord. 2017-109. Passed 12-21-17.)
(3) Permit required. Commercial exterior lighting shall be erected, modified, or replaced only upon the submission of proper plans and specifications and upon review and approval according to the following:
A. Initial contact with the City. Inquiries regarding commercial exterior lighting permits or applications are first directed to the Planning Department.
B. Levels of review. The Planning Director or his/her designee makes the determination as to the appropriate level of review necessary for proposed commercial exterior lighting based on the type of lighting and code requirements of this section.
i. Applicants for commercial exterior lighting only requiring administrative approval apply directly to the Planning Department by submitting two copies of the permit application and plans as specified in Subsection (j)(2) hereof and permit fees as specified in Section 1115.11.
ii. Applicants for commercial exterior lighting requiring Planning Commission review apply directly to the Planning Department by submitting seven copies of the permit application as specified in Subsection (j)(2) hereof and an application fee as specified in Section 1115.11 of the Planning and Platting Code to the Planning Department. The Planning Commission shall place the requested commercial exterior lighting application on their next available agenda in accordance with the filing deadline schedule posted on the City’s website. (Ord. 2024-24. Passed 6-6-24.)