Westlake City Zoning Code
TITLE SEVEN
Administrative Provisions
1231.01 COMPLIANCE REQUIRED.
Hereafter, in the City, no land shall be used or occupied and no structure shall be built, reconstructed, altered, used or occupied, except as permitted by this Zoning Code and in conformity with the regulations herein established for the district in which such land or structure is hereby located.
In any district, the maximum height of structures, the number and maximum dimensions of yards, courts and other open spaces, and the areas of lots required per family housed thereon, shall be as provided in this Zoning Code.
(Ord. 1969-169. Passed 7-16-70.)
1231.02 ADMINISTRATION AND ENFORCEMENT.
The duty of administering the provisions of this Zoning Code is conferred upon the Director of Planning. The duty of enforcing the provisions of this Zoning Code is conferred upon the Director of Inspections.
(Ord. 1988-75. Passed 6-16-88.)
1231.03 BUILDING PERMIT REQUIRED.
No structure shall be built, altered, remodeled or reconstructed and no excavation for a foundation shall be made until a permit, hereinafter called a building permit, for such building has been issued by the Director of Inspections.
(Ord. 1969-169. Passed 7-16-70.)
1231.04 BUILDING PERMIT APPLICATION AND CERTIFICATION.
All applications for building permits shall be made in triplicate on forms furnished by the Director of Inspections and shall be accompanied by a plat in triplicate, drawn to scale and showing the actual dimensions of each lot upon which the building of a structure is proposed to be done, the size and location of each such structure upon each such lot and such plans drawn to scale, specifications and other information as may be necessary to enable the Director to determine that the proposed structure and use of land will conform to the provisions of this Zoning Code or as approved and modified by Council. No building permit shall be issued without certification thereon by the Director that the building proposed to be done thereunder will conform to the provisions of this Zoning Code. Such certification shall be made or refused within fifteen days after receipt by the Director of a copy of such application and plat.
(Ord. 1988-76. Passed 6-16-88.)
1231.05 NEW PERMIT REQUIRED FOR CHANGE IN PLANS.
Following the granting of a building permit, no alteration in the proposed structure as represented by the plat, plans and specifications filed shall be made without application for another building permit in accordance with Section 1231.04.
(Ord. 1969-169. Passed 7-16-70.)
1231.06 CERTIFICATE OF OCCUPANCY REQUIRED.
No land shall be occupied, used or changed in use, and no structure or alteration or enlargement thereof shall be occupied used or changed in use, until a Certificate of Occupancy has been issued therefor by the Director of Inspections. The Director, after all exterior improvements, exclusive of the building have been substantially completed, may grant to the owner permission to occupy that portion of the building or structure that has passed final inspection. Substantial completion for purposes of this section means sidewalks, parking provisions and landscaping attributable to that portion of the structure to be used.
(Ord. 1975-73. Passed 10-2-75.)
1231.07 CERTIFICATE OF OCCUPANCY APPLICATION AND ISSUANCE.
A Certificate of Occupancy shall be applied for at the time application is made for a building permit. Each application shall be made in duplicate on forms furnished by the Director of Inspections and shall be accompanied by the fee required by Section 1231.09
. No building permit shall be issued before such application has been made for a Certificate of Occupancy. A Certificate of Occupancy shall be issued within ten days after the building of the structure to which it applies is completed in conformity with the plat, plans and specifications filed and with the provisions of this Zoning Code, and after the installation, in operating condition, of necessary sanitary and utility facilities; or, where the Certificate of Occupancy is sought for the occupancy, use or change in use of land, it shall be issued within ten days after application therefor, provided such proposed occupancy, use or change in use is in conformity with the provisions of this Zoning Code. (Ord. 1969-169. Passed 7-16-70.)
1231.08 RECORD OF CERTIFICATES.
A record of all Certificates of Occupancy shall be kept on file in the office of the Director of Inspections, and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. (Ord. 1969-169. Passed 7-16-70.)
1231.09 FEES FOR CERTIFICATE AND COPIES.
For an original Certificate of Occupancy there shall be charged a fee, but no fee shall be charged if a building permit is secured at the same time for the same structure. For each copy of any Certificate of Occupancy a fee shall be charged. Such fees shall be determined by ordinance and shall be paid to the Director of Inspections who, upon payment thereof, shall deposit the same with the Director of Finance. (Ord. 1969-169. Passed 7-16-70.)
1231.10 BUILDINGS UNDER CONSTRUCTION.
Buildings for which permits have been issued prior to the effective date of this Zoning Code (Ordinance 1969-169, passed July 16, 1970) may be completed in accordance with previously approved plans. (Ord. 1969-169. Passed 7-16-70.)
1231.99 PENALTY.
Except as provided in Chapter 1223, any person, firm or corporation violating any of the provisions of this Zoning Code, or failing to comply therewith, shall be guilty of a minor misdemeanor for the first offense and a fourth degree misdemeanor for any subsequent offense. A separate offense shall be deemed committed on each day such violation continues.
Any person having control of any land or structure whereon or wherein any violation of this Zoning Code occurs, and any other person who assists in the commission of any such violation, shall each be guilty of a separate offense and shall be liable to the penalty as herein provided.
The City may institute injunction proceedings in any court of competent jurisdiction to prevent or terminate any violation of this Zoning Code. (Ord. 1995-76. Passed 5-4-95.)
1233.01 BOARD ESTABLISHED; DEFINED; MEMBERSHIP; ORGANIZATION.
(a) A Board of Building and Zoning Appeals is established by Article IV, Section 10, of the City Charter. References to the “Board” in this chapter mean the Board of Building and Zoning Appeals created by the Charter.
(b) The composition of the Board shall be as provided in the Charter. An appointment to fill a vacancy occurring during a term shall be only for the unexpired portion thereof. All members so appointed shall hold their office until a successor has been appointed and has qualified.
(c) The Board shall elect its own Chairman and Secretary. A majority of the Board shall constitute a quorum to do business, but any decision made by the Board on appeals or matters before it upon which it is required to pass under the provisions of this Zoning Code shall require a majority vote of all members appointed to and serving on the Board. The Mayor may remove any member for cause. (Ord. 1969-169. Passed 7-16-70; Ord. 2020-149. Passed 2-18-21.)
1233.02 MEETINGS AND RECORDS.
(a) Regular meetings of the Board of Building and Zoning Appeals shall be held on the last Tuesday of each month and at such other times as the Board may determine or upon call of the Chairman. In the event the last Tuesday in any month falls on a legal holiday, such meeting shall then be held within seven days thereafter at a time determined by the Chairman of the Board. All meetings shall be open to the public.
(b) The Board shall keep records of its proceedings showing the vote of each member upon each question or, if a member is absent or fails to vote, indicating such facts. The Board shall keep records of its examinations and other official actions.
(c) Every rule, regulation, order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and become a public record, and an additional copy thereof shall be filed with the Clerk of Council.
(Ord. 1969-169. Passed 7-16-70; Ord. 2020-149. Passed 2-18-21.)
1233.03 APPEALS AND APPROVALS.
(a) Appeals; Process: An appeal from any decision of the Director of Inspections or Director of Planning, in regard to zoning ordinances or related to the interpretation or application of the Building Codes may be made to the Board of Building and Zoning Appeals by any elected City official or by any person aggrieved or affected by such decision. The appellant shall, within thirty days after the decision appealed from is rendered by the Director of Planning or the Director of Inspections, file a notice of appeal application with the Clerk of Commissions. Such notice of appeal shall be accompanied by payment by the appellant to the Board of a fee as provided in Chapter 1115 for costs of such appeal. Such fee, upon payment thereof, shall be deposited with the Director of Finance by the collecting officer and shall be retained by the City without refund. Upon the filing of such notice of appeal, the appellant shall also file with the Board ten copies of a brief setting forth in detail the grounds of the appeal. After the filing of such appeal and brief and payment of the fee, public hearing of such appeal shall be had before the Board in the manner as provided in subsections (c) through (e) herein.
(Ord. 2020-149. Passed 2-18-21.)
(b) Application; Process: Application may be made by any person to the Board for permission, approval or authority required by this Zoning Code to be obtained from the Board. The applicant shall file with the Board ten copies of a written application, one copy of which the Clerk of Commissions shall forthwith deliver to the Directors of Inspection or Planning. Such application shall be accompanied by payment as set forth in Chapter 1115 for costs of such application, which fee, upon payment thereof, shall be deposited with the Director of Finance by the collecting officer and shall be retained by the City without refund. Such application shall describe the permission, approval or authority sought. Upon the filing of such application, the applicant shall file with the Board ten copies of a brief setting forth in detail the grounds of the application, one copy of which the Clerk of Commissions shall forthwith deliver to the Directors of Inspections and Planning. After the filing of such application and brief and payment of the fee, public hearing of such application shall be had at the time and in the manner as provided in subsections (c) through (e) herein.
(c) Not more than ten days nor less than five days prior to the public hearing, written notice of the hearing of such appeal or application shall be caused by the Board to be sent by regular mail to any person, firm or corporation owning premises located within 300 feet of the land to which such appeal or application relates.
(d) Notice of a hearing shall be published twice monthly in a newspaper of general circulation no less than four days before the hearing.
(e) Appeal/Application Deadline: In order for an appeal or application as set forth in subsections (a) and (b) above to be heard at the regularly scheduled meeting on the last Tuesday of the month, the application or notice of appeal must be submitted by the first Thursday of that month. Should the application or appeal be submitted after the first Thursday of the month, the matter shall be heard at the next month’s regularly scheduled meeting.
(f) Notification of Board’s Decision: The Board shall notify the Building Department within forty-eight hours of the granting of any appeal or application with any special conditions thereon. All applicants shall receive written notice via regular United States mail within ninety days of the date of the Board’s decision.
(Ord. 1997-43. Passed 6-19-97.)
1233.04 POWERS AND DUTIES.
(a) The Board of Building and Zoning Appeals shall adopt such rules or regulations as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Zoning Code.
(b) Any member of the Board shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.
(c) The Board shall hear and decide appeals de nova and shall review on appeal any order, requirement, decision or determination of the Director of Inspections relating to the enforcement of this Zoning Code or related to the interpretation or application of the Building Code. It shall also hear and decide all matters properly referred to it, or upon which it is required to pass, under the provisions of this Zoning Code. Within its powers, the Board may reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Director appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made under the circumstances, and to that end shall have all the powers of the officer from whose decision the appeal is taken.
(d) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, on appeal from a decision of the Director, the Board shall have the power in a specific case, by special permit, to vary or modify the application of and such provisions in harmony with the general purpose and intent of this Zoning Code so that the public health, safety, morals and general welfare may be secured and substantial justice done, but in no event shall the Board of Building and Zoning Appeals be empowered to grant a use or create a use which does not exist in the Zoning Code of the City of Westlake. Such variance shall be limited to specific cases where the following conditions also exist.
(1) The practical difficulty or unnecessary hardship is inherent in and is peculiar to the premises sought to be built upon or used because of physical size, shape or other characteristics of such premises or adjoining premises which differentiate such premises sought to be built upon or used from other premises in the same district and as to such premises sought to be built upon or used will create a difficulty or hardship caused by a strict application of the provisions of this Zoning Code not generally shared by other lands or structures in the same district.
(2) Refusal of the variance or modification appealed for will deprive the owner of the premises sought to be built upon or used of substantial property rights; and
(3) Granting of the variance or modifications appealed for will not be contrary to the purpose and intent of the provisions of this Zoning Code.
(e) When appealing for a variance of modification, the appellant shall state and substantiate his claim that each of the three conditions listed under subsection (d) hereof exists. The Board shall make a finding on each of such three conditions as they apply in each specific case as a prerequisite for the granting of the variance or modification.
(f) When considering appeals related to the interpretation or application of the Building Code by the Director of Inspections, the Board shall have the following powers, subject to the limitations in the Building Code:
(1) General powers. The Board has the power to:
A. Base its decisions on the fact that any change in the provisions of the Building Code must be of such character that it will not substantially injure the appropriate or existing use or value of neighboring property.
B. Affirm or reverse, in whole or in part, or modify any decisions of the Director of Inspections interpreting the provisions of this Building Code.
C. Hear an appeal for a registered contractor whose registration has been suspended or revoked by the Director of Inspections. The Board may affirm, reverse or modify any actions taken by the Director of Inspections.
D. Vary the application of any provision of this Building Code to any particular case when in its opinion, enforcement thereof would do manifest injustice and would be contrary to the spirit and the purpose of this Building Code or to the public interest.
E. Hear an appeal of a notice of the Real Property Maintenance Officer. The Board may affirm, reverse or modify any actions taken by the Real Property Maintenance Officer.
F. Determine whether any proposed rule of the Director of Inspections supplements or aids in the interpretation of the requirements of this Building Code and is consistent therewith, and affirm, amend, modify or nullify any such proposed rule.
G. Report and recommend to Council any amendment, deletion or addition to this Building Code.
(2) Power to Authorize Use of New Materials. The Board shall decide whether new material or hitherto unused material may be used when not specifically prescribed by this Building Code. All such materials are to be of standard quality for the purpose for which they are intended and must conform to all reasonable requirements as to strength and durability.
(3) Power to Review Plans and Specifications of All Structures. On appeal, the Board shall protect the value, appearance and use of property on which all buildings are constructed or altered. It shall maintain a high character of community development to protect health, safety and welfare of the City and to protect real estate within the City from impairment or destruction of values by regulating, according to accepted and recognized architectural principles, the design, use of materials, finished grade lines, dimensions, orientation and location of all main and accessory buildings to be erected, moved, altered, remodeled or repaired subject to the provisions of the Building Codes and other applicable ordinances of the City.
On appeal, in reviewing, regulating and approving all building plans, the Board shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.
On appeal, the Board shall receive and promptly review and pass upon all drawings, data, reports and complaints filed in reference to all structures in the Department of Buildings, Structures and Inspections, in the order filed and according to the rules and regulations duly adopted and published by the Board in the conduct of its business. Such rules and regulations shall not be inconsistent with the purposes of the Board or the provisions of applicable City ordinances. The Board shall immediately notify the Director of Inspections in writing of the action taken in each instance.
(Ord. 2020-149. Passed 2-18-21.)
1235.01 GOVERNING PROVISIONS.
Ordinances and other regulations involving the zoning of land within the City shall be passed as provided by the applicable provisions of the City Charter and this chapter.
(Ord. 1969-169. Passed 7-16-70.)
1235.02 ZONING REQUEST.
(a) Application. An application for any change in this Zoning Code may be made by the owner or his agent, a Council person or the Mayor, and except when made by the Mayor or a Councilperson, shall be accompanied by a fee in accordance with Section 1115.10. The application shall be submitted in writing to the Director of Planning and Economic Development. The application for a zoning code amendment shall then be submitted by the Director of Planning and Economic Development to Council. If the application involves a change in the text of this Zoning Code, reference shall be made to the section to which the request relates. If the application is for a change in use classification, a map indicating parcels and dimensions and legal description for which the change is requested shall be included. 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.)
(b) Referral to Planning, Zoning and Legislative Committee of Council. Such application shall be referred to the Planning and Zoning Committee of Council for a recommendation to Council for action within thirty days. 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.
(Ord. 2017-5. Passed 6-1-17.)
1235.03 ENACTMENT OF LEGISLATION; ACCOMPANYING MAP.
The enactment of any ordinance or regulation of a permanent nature which amends or otherwise affects the zoning or districting of land within the City, or which amends this Zoning Code, shall be as provided by the Charter. Any such legislation shall be accompanied, if the effect thereof is to make any substantial change in the classification or the use of specific parcels of land within the City, with legal description and with a map of the City or of the particular portions thereof in which such change, or changes, are to be made, showing in a reasonably clear manner the size, dimensions and location of the area proposed to be changed in use classification. Such map need not be attached to the text of the ordinance but shall, in a clear and intelligible manner, make reference to the ordinance or other measure to which it relates.
(Ord. 1969-169. Passed 7-16-70.)
1235.04 REFERRAL TO PLANNING COMMISSION.
After an ordinance or other regulation is prepared, such ordinance or other regulation and any accompanying maps shall be referred to the Planning Commission for recommendation, report or other disposition by the Commission. Prior to any action on the part of the Commission, the Clerk of Commissions shall notify, by regular mail, at least ten days before any such meeting, the owners of property within 500 feet of all boundaries of the proposed area to be rezoned. Such property owners shall be those whose names are shown on the current County Map Records on file at City Hall. (Ord. 1976-80. Passed 9-2-76.)
1235.05 TIME LIMITATION ON COMMISSION ACTION.
In referring an ordinance, other regulation and any accompanying maps to the Planning Commission, Council may by its motion of reference, set a time for action by the Commission. In the event that no time is set for action by the Commission, the matter shall be governed by Article IV, Section 9(e) of the City Charter.
(Ord. 1969-169. Passed 7-16-70.)
1235.06 NOTICE OF AND PUBLIC HEARING ON ZONING ORDINANCES.
Notice of pendency of ordinances pertaining to zoning shall be published and public hearings thereon shall be held as is provided by Article III, Section 13 of the City Charter and by this section. Simultaneously with, or at any time after the reference of any ordinance or regulation by Council to the Planning Commission, Council shall fix a date, time and place for a public hearing to be held thereon, provided the minimum notice as required by Charter Article III, Seciton 13 is complied with. The notice of the pendency of such ordinance shall be made by the Clerk of Council and shall include the date, time and place thereof, and describe in general terms, the contents of such ordinance. Council may also direct regular, certified or registered mail notice to be sent prior to the date of such hearing to the owners of record, if their addresses can be determined from the County records for tax mailing purposes, of parcels lying within or within a distance of 500 feet from the outer boundaries of any area of land of which the zoning or use classification will be changed by such pending ordinance. Failure of delivery of such mail notice to any addressee thereof shall not invalidate any such ordinance or regulation passed by Council.
Any such hearing may be adjourned from time to time as Council may deem necessary and no further notice of such adjournment shall be required.
(Ord. 2020-148. Passed 2-18-21.)
1235.07 PASSAGE AFTER PUBLIC HEARING.
Following the conclusion of public hearing, the proceedings upon such ordinance or regulation shall be as provided by law for the passage of other ordinances of Council of a general and permanent nature.
(Ord. 1969-169. Passed 7-16-70.)
1237.01 INTENT.
The appearance of buildings, structures, open spaces and landscaping throughout the City is of public concern. It is in the public interest to ensure that new developments and modifications to existing developments reflect and are sensitive to the history, climate, topography, vegetation, architecture and other building traditions of the City of Westlake. Therefore, the purpose of the regulations in this Chapter is to provide criteria to be used by the Planning Commission when evaluating the appropriateness of proposed development in the City. These provisions are established to achieve, among others, the following purposes:
(a) To strengthen, protect, enhance and improve the existing visual and aesthetic character of the City, and to prevent the creation or perpetuation of nuisances or blight in the City.
(b) To integrate developments into the surrounding environment, as well as to ensure that each new development and redevelopment will be attractive.
(c) To protect and improve property values.
(d) To foster and encourage creative application of design principles.
(e) To ensure that the particular existing design features which contribute to the unique character of the City of Westlake are retained and re-created in a manner that ensures that the City retains and enhances its sense of community.
(f) To ensure that new development and redevelopment are compatible and harmonious with the existing overall character of the City, especially when development is proposed in areas where the existing structures do not have architectural features that warrant replication or enhancement.
(g) To bring new buildings into an orderly arrangements with landscape and nature, other buildings and open areas.
(Ord. 2001-141. Passed 1-17-02.)
(h) To ensure that these objectives are achieved through an impartial review process which assures that each proposal complies with this chapter.
(Ord. 2023-6. Passed 4-20-23.)
1237.02 EXPLANATION OF TERMS.
For the purpose of and use in this Chapter, certain terms and words shall be interpreted with regard to the following explanations:
(a) Appropriateness. A proposal is judged to be appropriate when it respects the existing architectural style of a building and fits comfortably within its setting, neighborhood and overall community. This condition applies to landscaping and accessory structures as well.
(b) Compatibility. A design or a material/color selection is compatible when it does not strongly deviate from its parent building, or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of its parent building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibility occurs when an architectural design, landscape design or accessory building proposal is aesthetically harsh or overwhelming relative to its neighbors.
(c) Noncontributing. A factor in a proposal or part thereof that is taken from an existing building characteristic or site feature such as design, scale, fenestration, architectural feature, material or color that is determined by the Planning Commission to be not appropriate for replication in new projects or modifications to existing projects when:
(1) It does not enhance or improve the character of the City and/or the surrounding environs of the project, or
(2) It is unrepresentative of the overall character of the City and/or the prevalent character of the surrounding environs of the project.
(d) Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance.
(e) Proximity. Proximity shall be considered in terms of the potential for one property, by virtue of its locations, to materially affect other properties. In determining a property to be in proximity to another, the following factors shall be considered:
(1) The visibility of both properties from a common point; or
(2) The location of both properties within a relatively compact network of streets, walkways or spaces.
(f) Style. Style relates to a building's character and configuration in plan and elevation. It also relates to architectural conventions of a particular time period concerning details of windows and doors, eaves, corner boards, pitch of roofs and the materials of the building's skin.
(Ord. 2001-141. Passed 1-17-02.)
1237.03 APPLICABILITY.
The design requirements set forth in subsections (a) through (d) of Section 1237.04
, shall be required for all developments requiring a development plan and shall apply to the exterior appearance and design of all new construction, site improvements, and building renovations in the respective zoning districts according to the following schedule:
DISTRICT/USE | APPLICABLE SUBSECTION OF SECTION 1237.04 |
(a) Business Districts: Office Building District General Business District Shopping Center District Interchange Service District Executive Office Park District Recreational Business District Hotel/Motel District | (a), (b) & (c) |
(b) All developments that require a Development Plan approval including: multifamily, cluster and places of worship All developments that require Conditional Use Permits including: nursing homes and assisted living. | (a), (b) & (c) |
(c) Industrial Districts | (a) & (b) |
(d) Planned Unit Development Districts | (a) & (d) |
(e) Health Campus District | (a) & (b) |
(f) Integrated Shopping Center District | (a), (b) & (c) |
(g) Automobile Parking District | (a), (b) & (c) |
(h) Planned Office District | (a), (b) & (c) |
(Ord. 2001-141. Passed 1-17-02; Ord. 2023-6. Passed 4-20-23.)
1237.04 DESIGN REVIEW REQUIREMENTS.
The design review requirements cover all aspects of the exterior features of a project and include an examination of the surrounding context to ensure that new development and modifications to existing development achieve the objectives of this Chapter set forth in Section 1237.01. The following requirements are in addition to the specific regulations and requirements set forth for each of the particular zoning districts:
(a) General criteria applicable to all proposals requiring review.
(1) The proposal shall enhance and improve the character of the community and be appropriate and compatible with its surroundings in accordance with the intent, objectives and development criteria of this Chapter. In assessing the characteristics of the surrounding area, noncontributing features will not be considered factors in determining compatibility.
(2) The proposal should minimize changes to the natural grade, and the removal and destruction of trees, landscaping and other natural features.
(3) Buildings shall be oriented in relation to proposed grading, natural features and to existing structures on and adjacent to the site to maintain:
A. Satisfactory proportions and scale;
B. Reasonable light and air; and
C. Privacy, as appropriate.
(4) Buildings, structures and landscaping should be designed and located on the site and be of a scale to complement adjacent buildings and enhance the character of the surrounding area by having features that are appropriate and compatible with existing buildings and structures. In making this determination, the Planning Commission shall consider:
A. Building height, width and general proportions;
B. Architectural features, including patterns of windows and doors, roof pitch, cornice lines, balconies, porches, shutters, dormers, eaves and other decorative detail;
C. General site characteristics which encourage well landscaped and conveniently located parking areas, safe and comfortable pedestrian ways, and convenient pedestrian movement among adjacent and nearby buildings and parking areas; and
D. Color used which is not bright or brilliant.
(5) Each individual building should express its function, and have an individual character and identity created through functional variety in the overall design.
(6) When existing buildings are to be renovated, the distinguishing qualities or character of a property that contribute to the overall character should not be destroyed. Removal or alteration of distinctive architectural features should be avoided, except for features that are determined to be noncontributing features.
(7) Unique and contemporary designs may be appropriate to the extent such design does not clearly detract from any architectural unity of an ensemble or group of architecturally significant buildings.
(8) Landscaping shall be designed to:
A. Maintain an adequate and appropriate proportion of deciduous and non-deciduous trees.
B. Be in such locations, scale and amounts to be integrated with the building design.
C. Clearly designate entrances/exits.
D. Reasonably screen paved areas from the street through the use of mounding, the land's natural topography, and/or adequate vegetation.
(9) Mechanical equipment, waste receptacles and other similar appurtenant or accessory structures shall be located to minimize the impact on the building and the community.
A. Window air-conditioning units, condenser elements, antennas, other mechanical equipment, and waste receptacles should not be located on the front of the building.
B. Mechanical equipment on the ground and waste receptacles must be screened with a fence or plant material as approved by the Planning Commission, or housed in a structure that is in harmony with the surroundings.
C. Mechanical equipment attached to the side or roof of a building, including heating vents, should be kept as low as possible and screened and be compatible with the background.
(b) Supplemental criteria applicable to uses in all districts except Planned Unit Development District:
(1) General site design:
A. Parking areas, drives and approaches shall be of appropriate size and scale in relation to the appearance of the proposed development from public rights-of-way, adjacent property and the internal portion of the site itself. Such appropriate scale shall be achieved by the width of approaches and drives, by having adequate but not excessive parking, and by using landscaping within large parking areas.
B. Accessory loading areas should be located in unobtrusive areas and be screened or blocked from public view.
C. Signs should be designed to reflect the scale of the building, site and surrounding characteristics. Buildings shall be designed for the appropriate placement of signage in a manner which compliments the building. (Ord. 2001-141. Passed 1-17-02.)
D. Exterior lighting shall be in accordance with Section 1230.03 and shall enhance the building design and the adjoining landscape.
(Ord. 2017-110. Passed 12-21-17.)
E. Entryways should be designed to enhance the ability of the general public to find their way into and around buildings and open spaces.
(2) Scale:
A. Variations in the height of structures are encouraged in order to impact some variety to the skyline of the area and to add some distinction to the streetscape.
B. All observable sides of new construction should achieve architectural interest and excellence.
(3) Materials:
A. New construction shall be guided by the existing work to which it is attached or is associated, and should not be in stark contrast to the materials used on adjacent structures.
B. The texture, color, and placement pattern of materials shall be appropriate for the size and scale of the proposed structures and be compatible with the character of the area.
C. In Industrial Districts, full size masonry units of split face and scored block are permitted with integral earth tone, white or gray colors. Metal panels and standing seam roofs are permitted. HVAC units shall be screened from the street with architectural screens or parapet walls. Mansard roofs and asphalt or fiberglass shingled roofs are not appropriate in Industrial Districts and are not permitted.
(c) Additional requirements applicable to uses in all districts except Industrial Districts, Health Campus Districts and Infill Development/Redevelopment and Town Center Planned Unit Development Districts, and one-family residential homes in any district:
(1) Site features:
A. Park benches, ornamental planters, pedestrian plazas, fountains, sculpture, bicycle racks and brick pavers shall be encouraged when appropriate to create inviting, people-oriented spaces.
B. Other devices may be considered appropriate in the interest of adding attractive features to the District, such as a clock tower, a raised roof on an otherwise flat-roofed structure, or a cupola or other design feature.
C. Sidewalks connecting building entrances with parking areas and to the public sidewalks shall be provided to permit and encourage pedestrian access to buildings. Cluster, townhouse and multi-unit developments shall include sidewalks with a minimum width of 5 feet for use by the public on at least one side of all streets for developments having 25 or fewer units and on both sides of the street for developments having more than 25 units.
D. Streets and roadways for cluster, townhouse and multi-unit developments shall be located within the interior of the site where possible and shall not be located within a side or rear setback.
(2) Building style and scale:
A. Buildings shall be designed with the following styles either a flat roof or pitched gable or hip roof. A false gable or pitched roof may be used over a canopy, dormers or bay windows or as a rooftop mechanical screen on a flat roof. Three story or higher buildings shall generally be built with flat roofs. Flat roofed buildings shall have a parapet wall or a false gable or partial pitched roofs to screen mechanical rooftop equipment. Gable roofs shall generally not be higher from the eave to the peak than the height of the building to the eaves. Mansard roofs are generally not permitted where roofing material is used to cover a building wall.
B. Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures; and harmonious with other architectural detail and ornamentation. All sides of a building shall be unified through the repetition of design elements found on the primary facade, such as similar massing, cladding, fenestration and design details.
C. In areas which have a predominate architectural style, including historic styles, such character should be a significant consideration in determining compatibility. In such cases, compatibility is partially achieved by some repetition of basic elements such as color, materials and common scale.
D. Building facades should have windows in order to insure a comfortable visual dialogue between occupant and pedestrian. Large unwindowed spaces shall be discouraged.
E. The proportion of wall surface to openings shall be consistent with adjacent structures. The walls of cluster and townhome buildings that are visible from public streets or adjacent properties shall be scaled down in proportion to adjacent residential structures. Rooftop decks are only permitted in the Town Center Planned Unit Development District.
F. The use of awnings, mainly confined to the street level, in shopping areas is encouraged. Awnings are to be designed and mounted so as not to cover significant architectural detail.
G. Garages for cluster, townhouse and multi-unit buildings:
1. All required enclosed parking spaces shall be in enclosed garages with a permanent roof, continuous foundation, concrete floor, and exterior walls pierced only by windows and doors.
2. Garages are to be located so as to not dominate the street elevation or a building's facade.
i. Attached garages that are located on the facade that faces the street shall be recessed from the front building wall.
ii. At least thirty percent (30%) of attached garages in a townhouse building shall face away from the street.
iii. At least thirty percent (30%) of garages in a cluster home development shall face away from the street.
iv. Attached or detached garages shall match the residence to which they are attached or related with similar materials, roof pitch, colors, window style, eaves, and trim.
v. Attached garages with high gables facing the street shall be avoided.
vi. Garage doors shall incorporate decorative elements to add visual interest, such as panels, windows, faux hardware, and complimentary colors.
H. Private outdoor space for single-family detached cluster and townhouse dwellings: private outdoor space is required adjacent to each unit, with a defined functional shape and landscaping that is integral to the overall development design and the design of private patios, porches, decks, and/or three-season rooms.
I. Utility service meter location including gas, water, and electric shall be consolidated in one location on the side or rear of the building and screened where possible.
(3) Materials and colors:
A. Materials shall be used which contribute to the City’s architectural character and building quality. While authentic materials are preferred, other simulated products may be considered where noted in this Chapter. Examples of such contributing materials include:
1. Face brick and thin brick veneer in colors/shades of: red/pink, tan, brown, buff, cream, black, gray and white or approved equivalent:
a. When thin brick veneer is used, all window and door openings shall be inset from the face of the wall with corner end thin bricks used;
2. Split-faced concrete masonry units with integral earth tone colors/shades of: red, burgundy, cream, tan, brown, beige, gray, charcoal and white are only permitted in industrial zones;
3. Siding and trim including horizontal lap siding, board and batten siding, shake single siding, and trim in wood, or products that simulate wood, such as fiber cement composite, tile, or metal:
a. Siding is limited to 66% of total facade cladding;
4. Natural stone or precast concrete that simulates stone in color and texture;
5. Exterior architectural tile of porcelain or concrete and in colors and textures that simulate natural wood or stone.
B. Conversely, the following materials are not consistent with the City’s architectural characteristics and/or are of lesser quality and would tend to hasten the creation of nuisances and/or blight; therefore, they are inappropriate for use:
1. Opaque, smoked and reflective glass, except when determined by the Planning Commission to be used for accent elements or is needed due to the constraints of the interior floor plan;
2. Concrete masonry units, in a smooth finish and natural concrete color or painted, also known as cinder blocks;
3. Stucco, EIFS (e.g., “dryvit”) or large expanse of similar material except when determined by the Planning Commission to be a minor architectural feature, belt course or minor design element;
4. Unfinished and industrial type materials such as corrugated metal siding or panels, T1-11 siding, exterior plywood, painted concrete masonry units, and similar low quality materials;
5. Bright or primary colors, multiple colors (more than three) on the exterior finish and/or awnings which are in stark contrast to other structures in the surrounding area and/or the design of the proposed structure. Materials in the owner’s/tenant’s branded and corporate colors are considered signage and regulated by Chapter 1223, Signs.
C. Roofing material on sloped and visible roofs shall be as follows:
1. Asphalt and fiberglass shingles, or natural or composite slate shingles in traditional colors/shades of: gray, black, green, purple, terra cotta and brown;
2. Standing seam metal roofs in traditional colors/shades of natural copper or copper patina, dark green, bronze/dark brown, gray and black;
3. Natural clay, concrete or composite tiles, when building architecture is in the traditional Mission/Spanish revival styles, in colors/shades of terra cotta, clay, brown, black, gray or green;
4. Not permitted on sloped and visible roofs are corrugated PVC, galvanized metal, aluminum or fiberglass panels, exposed roll roofing, or light colored or bright colored roof materials that are in the owner’s branded or corporate colors or contain logos or copy.
(d) Supplemental criteria applicable to Planned Unit Development District. The criteria in subsection (a) above and this subsection shall apply to the Planned Unit Development District. Developments in the Planned Unit District shall also comply to Section 1212.14
and each development's specific Design Manual approved by City Council. In the event that there is conflict between this Section and an approved Design Manual, the approved Design Manual shall supersede the regulations herein.
(1) General planning and site design:
A. The design, scale and location on the site of residential structures, accessory buildings and landscaping should enhance the overall natural character of the City.
B. Accessory structures and features such as garages, parking areas, fences, walls, and landscaping should:
1. Ensure that the relationship to the dwelling reinforces the dwelling as the major focal point of the site.
2. Ensure that the size, location and design are appropriate for the size of the site and adjacent buildings.
C. Sidewalks should be enhanced with appropriate materials, landscaping, lighting and benches.
(2) Style:
A. Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures; and harmonious with other architectural detail and ornamentation.
B. In areas which have a predominate architectural style, including historic styles, such character should be a significant consideration in determining compatibility. In such cases, compatibility is partially achieved by some repetition of basic elements such as color, materials and common scale.
C. Architectural forms and the open spaces around them should be integrated so as to enhance the quality of the outdoor public areas including such factors as sunlight, weather protection, noise and air quality, landscaping and benches.
D. All elevations of new construction are expected to feature some door or window openings or other architectural feature to avoid blank walls and such openings should have a pattern that is compatible with the character of the neighborhood.
E. Buildings should have varying roof lines and facade modulation to help reduce the apparent size of new buildings and give them more visual interest. The use of pitched roofs is favored in order to add height and body to the low level skyline.
(3) Garages:
A. Garages are to be located so as to not dominate the street elevation.
B. A garage should match the residence to which it is attached or related with similar materials, roof pitch, colors, window style, eaves and trim.
(4) Materials:
A. Within a Planned Unit Development District, there shall be a continuity of building materials among all buildings.
B. Conventional building materials including wood, shingle, stone, and face brick, should be employed in new work, to the extent appropriate.
C. New products which simulate wood siding and slate roof tile or shingles may be acceptable, but only with the presentation of full- scale samples in appropriate colors.
(Ord. 2001-141. Passed 1-17-02; Ord. 2023-6. Passed 4-20-23; Ord. 2025-26. Passed 6-5-25.)
1237.05 INTERPRETIVE ILLUSTRATIONS FOR DESIGN STANDARDS.
The Planning Commission may prepare from time to time or authorize the preparation of illustrations which demonstrate the design review criteria in Section 1237.03. Such illustrations may include drawings, photographs of acceptable projects in the City of Westlake and elsewhere, drawings or photographs of projects which have been approved pursuant to these regulations and photographs of existing building characteristics or site features which have been determined by the Planning Commission to be noncontributing. Any such illustrations may be recommended by a majority vote of the Planning Commission and approved by Council. When approved, such illustrations shall be considered administrative guidelines which assist in the utilization of these design review criteria.
(Ord. 2001-141. Passed 1-17-02.)
1237.06 PROCEDURES.
(a) Applicants submitting development plans shall be subject to the requirements of this Chapter and shall submit design plans at the time of a development plan submittal with such details to illustrate design elements necessary for the Planning Commission to review and approve plans as required in the Chapter. Submittal of a Design Manual as required for Planned Unit Developments shall also follow the provisions of Section 1212.14.
(b) The Planning Commission may, in accordance with Section 1115.08, and at its discretion, hire and retain such architectural and/or professional design services to review submitted plans and provide advice and recommendations to the Planning Commission on the building design elements.
(Ord. 2001-141. Passed 1-17-02.)
CODIFIED ORDINANCES OF WESTLAKE