Wickliffe City Zoning Code
TITLE ONE
Purpose and Procedures
1301.10 TITLE.
These rules, regulations, procedures and maps shall be known, cited and referred to as the Zoning Ordinance 1961-103, passed December 29, 1961, as amended, which comprises Titles 1 through 9, inclusive, of this Planning and Zoning Code.
(Ord. 1961-103. Passed 12-29-61.)
1301.20 PURPOSES.
This Zoning Ordinance is adopted to promote and protect the public health, safety, convenience, comfort, prosperity and the general welfare of the City of Wickliffe by the following means:
(a) Regulating the use of buildings, other structures and land for residence, public facilities, institutions, business, commercial-manufacturing, industry or other purposes;
(b) Regulating the area and dimensions of land, yard and other open spaces;
(c) Regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings;
(d) Regulating and limiting population density;
(e) Preserving or enhancing environmental quality by regulating development practices and land uses that affect surface water quality, groundwater quality, air quality and natural habitat;
(f) Regulating and mitigating land use factors that contribute to traffic generation, vehicular congestion, and accident hazards.
(Ord. 2003-34. Passed 6-23-03.)
1301.30 INTENT; PLANNING GOALS.
To accomplish the above purposes, these regulations seek:
(a) To divide the land within the corporate limits of the City of Wickliffe into districts of such number and dimensions as to foster a desirable pattern of relationships among residential, commercial, industrial, and other uses for the mutual benefit of all types of development.
(b) To prevent new construction, alteration or expansion of existing improvements not in compliance with the restrictions herein.
(c) To assure non-degradation and encourage preservation of environmental quality, natural habitat, and open spaces.
(d) To provide minimum standards for land improvement infrastructure such as water and sewer utilities, streets, and public facilities.
(e) To protect the character and values of residential, business, commercial manufacturing, industrial, institutional and public facilities, and to insure that their orderly development is beneficial to the City as a whole.
(f) To guide the future development of the City so as to bring about the gradual conformity of land and building uses in accordance with community and neighborhood plans and public policy.
(g) To accomplish the goals set forth in the introduction to the respective districts or groups of districts.
(h) To provide regulations and procedures for the administration, interpretation and amendment of this Zoning Ordinance.
(Ord. 2003-34. Passed 6-23-03.)
1303.10 INTENT.
Procedures are hereby established for the administration, enforcement and issuance of permits and certificates. The provisions of this Zoning Ordinance shall be regarded as minimum requirements, and shall be liberally construed to promote the purposes and intent set forth in the preamble of each chapter. Where two or more specific provisions of this Zoning Ordinance apply to the same subject, those regulations shall prevail which impose the higher standards.
(Ord. 1961-103. Passed 12-29-61.)
1303.20 INTERPRETATION.
For the purposes of this Zoning Ordinance, certain words and terms shall be interpreted as follows:
(a) The word “person” includes a firm, association, organization, partnership, trust or company or corporation as well as an individual.
(b) The present tense includes the future tense, the singular number includes the plural, and the plural includes the singular.
(c) The word “shall” is a mandatory requirement, the word, “may” is a permissive requirement, and word “should” is a preferred requirement.
(d) The word “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied.”
(e) The word “lot” includes the words “plot” or “parcel.”
(Ord. 2003-34. Passed 6-23-03.)
1303.21 GENERAL PROCEDURES.
The administration of this Zoning Ordinance is vested in the Building Commissioner and the Planning Commission.
(a) Compliance with the provisions of this Zoning Ordinance shall be obtained by:
(1) Application for and issuance of a building permit and a zoning certificate.
(2) Periodic inspections.
(3) Issuance of a Certificate of Occupancy upon completion.
(b) If there are violations of the provisions of this Zoning Ordinance, enforcement shall be obtained by:
(1) Notification ordering discontinuance and correction of violations.
(2) Continued violations treated as a misdemeanor.
(Ord. 1961-103. Passed 12-29-61.)
1303.30 BUILDING PERMIT AND ZONING CERTIFICATE.
Excavations or site improvements shall not be started; buildings or structures shall not be erected, altered or moved; until a building permit and a certificate of zoning compliance have been issued by the Building Commissioner.
(Ord. 1961-103. Passed 12-29-61.)
1303.31 COMPLIANCE TO ZONING REGULATIONS.
Permits shall be issued by the Building Commissioner if the work described in the application complies with all provisions of this and other municipal ordinances. The Building Commissioner shall not have the power to grant variances or make exceptions and shall not issue a permit except after written order from the Board of Zoning Appeals as provided in Chapter 1335.
(Ord. 1961-103. Passed 12-29-61.)
1303.32 CONDITIONAL USE PERMIT.
A building permit or certificate of zoning compliance shall not be issued for any building or use requiring a Conditional Use Permit until such Permit has been issued by the Commission as provided in Chapter 1331.
(Ord. 1961-103. Passed 12-29-61.)
(Ord. 1961-103. Passed 12-29-61.)
1303.33 DETERMINATION OF SIMILAR USES.
A building permit or certificate of zoning compliance for any building or use not specifically listed in this Zoning Ordinance as a permitted use shall not be issued unless the Zoning Ordinance is amended or until the Commission has determined it to be a similar use as provided in Chapter 1333.
(Ord. 1961-103. Passed 12-29-61.)
(Ord. 1961-103. Passed 12-29-61.)
1303.34 NONCONFORMING BUILDINGS AND USES.
1303.40 WITHHOLDING OF PERMITS.
A building permit, certificate of zoning compliance or Certificate of Occupancy to a change in use shall not be issued:
(a) When an amendment recommended by the Commission or introduced by Council is pending, which would prohibit or otherwise affect the building or use applied for; provided, however, that a permit or certificate shall not be withheld for more than ninety (90) days after the application was submitted; or
(b) When a lot on which a dwelling is proposed is not located in a duly recorded subdivision, or the lot is not on a public street, or all site improvements as required by the City are not installed or their installation not guaranteed.
(Ord. 1961-103. Passed 12-29-61.)
1303.50 REQUIRED DRAWINGS.
In addition to drawings required by the Building Code or other ordinances of the City, applications for a building permit shall be accompanied by:
(a) A plat showing dimensions of the lot to be developed, lot number, information as to any unusual natural topographic features and evidence that the lot has been surveyed and properly located; and,
(b) A site plan drawn to scale showing the location of proposed and existing buildings, driveways and parking areas, and proposed finished grades, location and use of buildings on adjoining lots within 10 feet of all property lines. For residential developments, the location and size of a garage shall be shown on the drawings, even though the construction of a garage is not included in the application.
(Ord. 1961-103. Passed 12-29-61).
1303.60 REVIEW OF APPLICATIONS.
(a) The application for building permits and the accompanying drawings shall be submitted to the Building Commissioner. He shall process the same and, where required, shall submit them to the Planning Commission for approval.
(b) Approval. If the Building Commissioner determines that the application and all documents comply with this and other applicable ordinances of the City, he shall issue a building permit and a certificate of zoning compliance, provided that prior approval of the Planning Commission shall have been obtained for those applications requiring its approval.
(c) Disapproval. If the Planning Commission or the Building Commissioner does not recommend approval of the application, they shall suggest changes as may be necessary to accomplish the purposes of this Zoning Ordinance.
(Ord. 1961-103. Passed 12-29-61.)
1303.70 CERTIFICATE OF OCCUPANCY.
Land shall not be occupied or used and a residential one-, two- or three-family building which has been erected or altered shall not be occupied or used until a Certificate of Occupancy has been applied for and issued by the City of Wickliffe Building Department as follows:
(a) Certificate Required.
(1) Occupancy of a building. A Certificate of Occupancy shall be required before occupancy of any residential one-, two- or three-family building which has been altered, remodeled, moved, changed in use or changed as to off-street parking or loading requirements. The Certificate shall only be issued after the completion of the erection or alteration of the residential one-, two- or three-family building or buildings and found upon inspection to conform to the provisions of Part 13-Planning and Zoning Code and Part 11-Building Code of the Codified Ordinances of the City of Wickliffe.
A. Any person, firm, corporation, association, club, organization or any other entity, prior to entering into occupancy of any residential one-, two- or three-family structures, any portion, unit, apartment or any room therein, either as owner of a fee, land installment purchaser, lessee, tenant, licensee or possessor of other color of title, shall apply for, and upon such Application for Permit to Occupy being found to conform to and in compliance with the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, be issued a Certificate of Occupancy, therefor. In the event any of the above-designated persons or entities are found to be in possession of any residential building, portion, unit, apartment or any room therein without having been issued a Certificate of Occupancy pursuant to the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, they shall be required to apply therefor, and upon such applicant's occupancy being found to conform to and be in compliance with the provisions of the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, shall be issued a Certificate of Occupancy by the Building Department.
B. Such Certificate of Occupancy shall be issued and signed after an on-site inspection by the Building Commissioner or his/her designee.
(2) Occupancy of land. A Certificate of Occupancy shall be required before occupancy of the land or where the use of the land has been changed to a use different from the prior use. A Certificate of Occupancy shall be issued when it has been found upon inspection to conform to the provisions of this Chapter.
(3) Change in use of nonconforming residential one-, two- or three-family building or use. A Certificate of Occupancy shall be required when there is a change of ownership of the residential one-, two- or three-family building whether or not alterations have been made or required.
(4) Change in ownership of a residential one-, two- or three-family building. A Certificate of Occupancy shall be required when there is a change of ownership of the residential one-, two- or three-family building whether or not alterations have been made or are required.
(5) Sewer, sidewalk, apron inspection and repair. Certificate shall have produced evidence, satisfactory to the Building Commissioner or his/her designee, that the sewer piping on such property from building to right-of-way is in good condition and free from infiltration and that sidewalks and aprons within the public right-of-way on said property are in good repair and condition. If the City performs tests required under this section, there shall be a minimum fee of three hundred dollars ($300.00) for the first two hours of time spent on the performance of said tests. Any additional time spent shall be charged to the applicant at a rate of one hundred dollars ($100.00) per hour or portion thereof.
The fee of three hundred dollars ($300.00) is required prior to the scheduling of any required dye test. The property owner of record shall be responsible for locating and raising of the inspection tees before any test is done. Any sewer dye test performed by the City shall be valid for a period of not longer than one year of time. After one year of time, the dye test is deemed to be no longer valid and the test shall be performed again prior to the issuance of a Certificate of Occupancy at a flat rate of three hundred dollars ($300.00). In the event the results of the sewer dye tests fail to meet the requirements necessary for the issuance of a Certificate of Occupancy, then it shall also be required that the inspection tees on such property be located within three feet (3') of the edge of the city sidewalk located on such property, or in the event there is no city sidewalk located on such property, the inspection tees on such property shall be located within three feet (3') of the edge of the city right-of-way located on such property.
(6) Temporary certificate. Pending the issuance of a Certificate of Occupancy, a temporary certificate for partial occupancy of a residential one-, two- or three-family building or occupancy of an independent component, may be issued by the Building Commissioner or his/her designee for a period not exceeding six (6) months, during which time alterations are being made or while a dwelling or other building is being completed. Such temporary certificates shall not be construed as altering the respective rights, duties or obligations of the owners.
(7) Exempted conveyances to sewer, sidewalk, apron inspection and repair.
A. A transfer or conveyance of any interest in a personal residence between spouses, or between ex-spouses as a result of an order in a domestic relations action, or as a result of the death of one spouse, or to a trust or to another family member where the property remains the personal residence of the spouse, ex-spouse or grantor, shall be exempt from the requirements of this chapter.
B. A person who takes possession by a trust or deed, where the property remains the residence of the grantor as specified in subsection A. hereof, shall be required to notify the Building Department in writing by January 31 of each calendar year that the same individual still occupies the residence. Failure to so notify the Building Department shall subject the residence to the sewer, sidewalk, apron inspection and repair requirements of Section 1303.70.
C. The grantee shall report to the Building Department within thirty (30) days after the grantor ceases to reside at said property the fact that it is no longer the grantor's residence.
(8) Escrow agent obligations.
A. No person acting in the capacity of an escrow agent in any real estate transaction involving the bona fide sale or conveyance of any interest in a dwelling structure, or any other building or structure or land upon which such building or structure is located in the City of Wickliffe, shall file for record an instrument to transfer title thereto or disburse any funds from such sale unless the provisions of this chapter have been satisfied, including, but not limited to, the specific provisions of Section 1303.70(a)(8)C.
B. No person, as defined by Section 1303.20(a) shall sell, transfer, exchange, deliver, barter or give by purchase, land contract or otherwise any interest in any existing building or structure without furnishing the buyer or recipient, prior to the sale, transfer, exchange, delivery, barter or gift, proof that the sewer piping on the property from building to right of way is in good condition and free from infiltration and that sidewalks and aprons within the public right of way are in good repair and condition, and where an escrow has been established, without depositing in escrow, prior to delivery of possession or transfer of title a statement from the buyer acknowledging receipt of such proof relating to the condition of the sewer pipe, the sidewalks and aprons on the property within the public right of way.
C. In the event that repair work required to obtain a Certificate of Occupancy cannot be completed prior to the transfer of title to such property, the seller of such property may obtain an estimate from a duly qualified contractor currently registered with the City, and deposit funds in the amount of one and one-half (1-1/2) times the amount of the estimate, in escrow with the escrow agent. The escrow agent shall not release the funds being held in escrow without written authorization from the Building Commissioner or his/her designee. If the seller fails to authorize and/or complete the repair work required within sixty (60) days from the date of title transfer, the City is authorized to direct the contractor, or any other registered contractor, to proceed with the necessary repairs, and shall so notify the escrow agent.
(b) Certificate for Existing Buildings or Use. Upon application by the owner, the Building Commissioner or his/her designee shall inspect all buildings and land as they exist at the effective date of this Chapter and shall issue a Certificate of Occupancy therefor, certifying:
(1) The use of the building or land; and
(2) Whether such use conforms to all the provisions of this Chapter, or
(3) If it is a lawfully existing nonconforming use.
(c) Application and Records.
(1) Applications for a Certificate of Occupancy may be submitted separately or accompany an application for a building permit. Accurate information shall be furnished by the owner, lessee or agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building operations or processes and other information as may be requested by the City. The Certificate shall state that such use is nonconforming but may be occupied legally for such use.
(2) A record of all applications and ce1tificates issued shall be on file in the Building Department and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the land or building affected.
(Ord. 2019-30. Passed 5-13-19.)
1303.80 COMMERCIAL AND INDUSTRIAL OCCUPANCY PERMIT.
Land shall not be occupied or used and a building which has been erected or altered shall not be occupied or used until an Occupancy Permit has been applied for and issued by the City of Wickliffe Fire Department as follows:
(a) Occupancy Permit Required.
(1) Affected Properties. An Occupancy Permit is required under this Chapter for all buildings within the City of Wickliffe with the exception of residential one-, two- and three-family dwellings. Residential one-, two-, and three-family dwellings are referenced in Section 1303.70.
(2) Occupancy of a building. A Certificate of Occupancy shall be required from the Lake County Building Department before occupancy of any building which has been altered, remodeled, moved, or changed in use. A Zoning Certificate shall be required to ensure that off-street parking or loading requirements have been met. The Certificate of Occupancy shall only be issued after the completion of the erection or alteration of the building or buildings and found upon inspection to conform to the provisions of Part 13-Planning and Zoning Code and Part 11-Building Code of the Codified Ordinances of the City of Wickliffe. Once a Certificate of Occupancy has been granted by the Lake County Building Department, the intended occupant may then apply for a City of Wickliffe Occupancy Pennit with the Fire Department. Occupancy Permits will be issued by the Fire Department once all requirements are satisfied.
A. Any person, firm, corporation, association, club, organization or any other entity, prior to entering into occupancy of any building, any portion, unit, apartment or any room therein, either as owner of a fee, land installment purchaser, lessee, tenant, licensee or possessor of other color of title, shall apply for, and upon such application for an Occupancy Permit being found to conform to and be in compliance with the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, be issued an Occupancy Permit by the Fire Department therefor. In the event any of the above-designated persons or entities are found to be in possession of any building, portion, unit, apartment or any room therein without having been issued an Occupancy Permit pursuant to the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, they shall be required to apply therefor, and upon such applicant's occupancy being found to conform to and be in compliance with the provisions of the City of Wickliffe Planning and Zoning Code and the City of Wickliffe Building Code, shall be issued an Occupancy Permit by the Fire Department.
B. Such Occupancy Permit shall be issued by the Fire Department and signed after an on-site inspection by the Building Commissioner or his/her designee for purposes of zoning requirements and the Fire Chief or his/her designee for purposes of Ohio Fire Code compliance and meeting all City of Wickliffe requirements to occupy.
(3) Occupancy of land. A Zoning Certificate shall be required before occupancy of the land or where the use of the land has been changed to a use different from the prior use. A Zoning Certificate shall be issued when it has been found upon inspection to conform to the provisions of this Chapter.
(4) Change in use of nonconforming building or use. A Zoning Certificate and a Certificate of Occupancy shall be required and shall be issued by the Lake County Building Department when there is a change of ownership of the nonconforming building whether or not alterations have been made or required.
(5) Change in ownership of a building. An Occupancy Permit shall be required when there is a change of ownership of the building whether or not alterations have been made or are required.
(6) Sewer, sidewalk, apron inspection and repair. Inspections shall have produced evidence, satisfactory to the Building Commissioner or his/her designee, that the sewer piping on such property from building to right-of-way is in good condition and free from infiltration and that sidewalks and aprons within the public right-of-way on said property are in good repair and condition. If the City performs tests required under this section, there shall be a minimum fee of three hundred dollars ($300.00) for the first two hours of time spent on the performance of said tests. Any additional time spent shall be charged to the applicant at a rate of one hundred dollars ($100.00) per hour or portion thereof. The fee of three hundred dollars ($300.00) is required prior to the scheduling of any required dye test. The property owner of record shall be responsible for locating and raising of the inspection tees before any test is done. Any sewer dye test performed by the City shall be valid for a period of not longer than one year of time. After one year of time, the dye test is deemed to be no longer valid and the test shall be performed again prior to the issuance of an Occupancy Permit at a flat rate of three hundred dollars ($300.00). In the event the results of the sewer dye tests fail to meet the requirements necessary for the issuance of an Occupancy Permit, then it shall also be required that the inspection tees on such property be located within three feet (3') of the edge of the City sidewalk located on such property, or in the event there is no City sidewalk located on such property, the inspection tees on such property shall be located within three feet (3') of the edge of the City right-of-way located on such property.
(7) Temporary permit. Pending the issuance of a Certificate of Occupancy by the Lake County Building Department and an Occupancy Permit by the City of Wickliffe, a temporary permit for partial occupancy of a building or occupancy of an independent component, may be issued by the Fire Chief or his/her designee for a period not exceeding six (6) months, during which time alterations are being made or while a dwelling or other building is being completed. Any time alterations are made on a commercial or industrial building affected under this Chapter, building permits shall be acquired from the Lake County Building Department. Such temporary permits shall not be construed as altering the respective rights, duties or obligations of the owners and the temporary permits shall not be issued except under such restrictions.
(8) Escrow agent obligations.
A. No person acting in the capacity of an escrow agent in any real estate transaction involving the bona fide sale or conveyance of any interest in a dwelling structure, or any other building or structure or land upon which such building or structure is located in the City, shall file for record an instrument to transfer title thereto or disburse any funds from such sale unless the provisions of this chapter have been satisfied, including, but not limited to, the specific provisions of Section 1303.80(a)(8)C.
B. No person, as defined by Section 1303.20(a) shall sell, transfer, exchange, deliver, barter or give by purchase, land contract or otherwise any interest in any existing building or structure without furnishing the buyer or recipient, prior to the sale, transfer, exchange, delivery, barter or gift, proof that the sewer piping on the property from building to right of way is in good condition and free from infiltration and that sidewalks and aprons within the public right of way are in good repair and condition, and where an escrow has been established, without depositing in escrow, prior to delivery of possession or transfer of title a statement from the buyer acknowledging receipt of such proof relating to the condition of the sewer pipe, the sidewalks and aprons on the property within the public right of way.
C. In the event that repair work required to obtain an Occupancy Permit cannot be completed prior to the transfer of title to such property, the seller of such property may obtain an estimate from a duly qualified contractor currently registered with the City, and deposit funds in the amount of one and one-half (1-1/2) times the amount of the estimate, in escrow with the escrow agent. The escrow agent shall not release the funds being held in escrow without written authorization from the Building Commissioner or his/her designee. If the seller fails to authorize and/or complete the repair work required within sixty (60) days from the date of title transfer, the City is authorized to direct the contractor, or any other registered contractor, to proceed with the necessary repairs, and shall so notify the escrow agent.
(b) Certificate for Existing Buildings or Use. Upon application by the owner, the Building Commissioner or his/her designee shall inspect all buildings and land as they exist at the effective date of this Chapter and shall issue a Zoning Certificate therefor, certifying:
(1) The use of the building or land; and
(2) Whether such use conforms to all the provisions of this Chapter, or
(3) If it is a lawfully existing nonconforming use.
(c) Application and Records.
(1) Applications for an Occupancy Permit shall be submitted to the Fire Department. Accurate information shall be furnished by the owner, lessee or agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building operations or processes and other information as may be requested by the City. A Zoning Certificate shall state that such use is nonconforming but may be occupied legally for such use.
(2) A record of all applications and certificates issued shall be on file in the City of Wickliffe Building Department and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the land or building affected.
(Ord. 2019-31. Passed 5-13-19.)
1305.10 ESTABLISHMENT OF DISTRICTS.
In order to carry out the purposes of this Zoning Ordinance, the City of Wickliffe, Ohio, is hereby divided into the following districts:
Title | Abbreviation |
Public Open Space | OS |
Private Recreation/Institutional | INS |
Residential Districts
One-family 100 | R1-100 |
One-family 75 | R1-75 |
One-family 60 | R1-60 |
One-family 50 | R1-50 |
Two-family | R2F |
Multi-family | RMF |
Senior /Adult Residential | S/A |
Business Districts
Office Building | OB |
General Business | GB |
Town Center | TC |
Commercial and Industrial
Commercial-Manufacturing | CM |
Industrial | I |
Whenever the abbreviated terms OS, R1-75, OB, etc., are used in this Zoning Ordinance, they shall be construed as referring to the corresponding district titles.
(Ord. 2003-34. Passed 6-23-03.)
1305.20 ESTABLISHMENT OF REGULATIONS.
Any buildings and any tract of land may be used, and the use of any buildings and any tract of land may be changed or extended, and any existing building may be altered, converted, enlarged, reconstructed, moved or maintained, for any use permitted or required by the regulations for the district in which the building or tract of land is located. Any use not specifically permitted, even though defined, herein, shall be prohibited unless approved in accordance with the standards set forth herein as a similar use or an accessory use, or unless the Zoning Ordinance is amended. The use, change, extension, alteration, conversion, enlargement, reconstruction, relocation or maintenance shall be subject to all lot area and yard regulations, building area, coverage and height regulations, off-street parking, sign regulations and all other regulations set forth or referred to for the district in which the building or land is located and to all other applicable regulations of this Zoning Ordinance. (Ord. 1961-103 Passed 12-29-61.)
1305.30 ESTABLISHMENT OF ZONE MAP.
The aforesaid districts are designated by symbols, and the locations and boundaries of such districts are established on a map entitled "Zone Map of the City of Wickliffe." All notations, schedules and other information shown thereon and all amendments thereto are hereby made a part of this Zoning Ordinance. The Map may be amended in the same manner as any other part of this Zoning Ordinance.
(Ord. 1961-103. Passed 12-29-61.)
(Ord. 1961-103. Passed 12-29-61.)
1305.40 DISTRICT BOUNDARY LINES.
The district boundary lines of the Zone Map enclose an area of a designated district and generally follow recorded lot lines, the center lines of streets or alleys, or their extensions; provided, however:
(a) Where district boundary line is shown by dimension or relationship as being located a specific distance from and parallel to a street center-line, this distance shall control; or
(b) Where a district boundary line is shown as adjoining a railroad, it shall, unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right of way; or
(c) Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and each part of the parcel shall comply with the regulations of the district in which it is located; and
(d) Where a district boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions or fixed points shown on the map, it shall be determined by the scale appearing thereon. In cases of uncertainty, the Board of Zoning Appeals shall determine the exact location.
(Ord. 1961-103. Passed 12-29-61.)
1305.50 ANNEXED TERRITORY.
All territory, which may hereafter be annexed to the City of Wickliffe, Ohio, if already zoned, shall be continued in its existing zone classification until amended in conformance with procedures outlined in this Zoning Ordinance.
(Ord. 1961-103. Passed 12-29-61.)
1305.60 ARCHITECTURAL REVIEW BOARD.
(a) Purpose. The purpose of The Architectural Review Board is to apply standards that preserve and/or enhance the architectural integrity and exterior appearance of development in the City of Wickliffe, and by so doing, promote the public health, safety, and welfare of the residents and visitors to the community.
(b) Intent. The intent of the architectural review process is to:
(1) Ensure that the location, configuration, and architectural design of buildings and their materials and colors are visually harmonious on the planned site and with surrounding development and the environment.
(2) Ensure that the location, configuration, and design of signs and their materials and colors are consistent with the character and scale of the buildings to which they relate and surrounding development.
(3) Safeguard and enhance the visual and aesthetic character, diversity and quality of the City to protect and enhance the City's attractiveness to residents, tourists and visitors, and to stimulate business and industry by encouraging excellence in design.
(4) Encourage superior design quality of the City and strengthen civic pride in the aesthetic environment of Wickliffe.
(c) Definitions. For the purposes of this chapter, certain terms are herewith defined:
(1) Accenting Colors. Color(s) that accentuate or contrast with something else, such as a touch of color that makes the features of an image stand out.
(2) Architectural Features. Includes but is not limited to functional, ornamental or decorative features integral or attached to the exterior of a structure, including roof elements, cornices, eaves, gutters, belt courses, sills, lintels, windows, doors, transoms, fan lights, side lights, chimneys, and elements of exterior embellishment.
(3) Contemporary Durable Materials. Includes but is not limited to those building materials that appear identical to natural materials and have the same or a higher level of durability than natural materials but are manufactured through alternative methods and materials.
(4) Earth Tone Color. Color scheme(s) that draws from a color palette of browns, tans, grays, greens, blues, purples and some reds.
(5) Facade. The principal form of a building that looks onto a street or open space.
(6) Harmonious. A quality which produces an aesthetically pleasing whole as in the arrangement of architectural and landscape elements.
(7) Mechanical/Electrical Hardware and Equipment. Includes but is not limited to equipment, devices and accessories, the use of which relates to ventilating, air conditioning, heating and similar purposes.
(8) New Structure. A new structure is anything newly constructed or erected, the use of which requires location on the ground.
(9) Modification. Includes additions and any exterior alterations that involve exterior material changes, additions and/or removal of architectural features.
(10) Site Hardware. Includes but is not limited to street furniture, lighting standards, mailboxes, control boxes, newspaper boxes and similar appurtenances.
(11) Outside Storage. An enclosed unit used to store items separate than the primary building with the exception of a shipping container.
(d) Plan Requirements There is an established Architectural Review Board that will meet on an as-needed basis to consider applications for housing developments of five (5) or more contiguous lots and all non-residential, new buildings, additions, and alterations to existing buildings within the City of Wickliffe. No permit for new building, additions, or alterations to existing structures excluding signage will be issued until compliance with the following requirements has been met:
(1) Four (4) sets of drawings are required for all of the following submittals except as noted. All drawings shall be drawn to the scale indicated and shall be stamped by an architect or engineer registered in the State of Ohio. An index of all drawings shall be indicated on the first sheets.
A. Site Plan (1"=40')
The site plan must show the location of the building on the parcel. Outlines of buildings on adjacent parcels must also be shown. The plan must show the footprint of the building with the following items dimensioned:
1. Front, side, and rear yard setbacks. Review zoning and any deed restrictions with the Building Department.
2. Location of proposed building in relation to the street, any drives, parking areas, tree lawn, parking lots, parking islands, and any other adjacent structures exposed on Euclid Avenue.
3. The site plan shall also show the following items:
i. Permanent parcel number, sublet number, address.
ii. All dimensions.
iii. Location of all chimneys, overhangs, and stairways as they relate to the setback requirements.
iv. Location of any easements.
v. Grading and drainage plan, including all necessary existing and proposed catch basins and drainage piping, including downspouts.
vi. All finished floor elevations.
vii. Finished grades and location of existing structures on adjacent properties. First floor elevations for existing structures on adjacent properties.
viii. Height relationship information for structures on adjacent properties.
B. Floor, Foundation, and Roof Plans (minimum scale 1/8" = 1')
1. Foundation plans must include a complete footer and foundation plan and must indicate, at a minimum, the following:
i. Footings dotted.
ii. Complete structural framing information.
iii. Complete drainage information including footer drains and downspouts.
(2) If the project is an alteration or an addition, the plans shall show the entire existing structure. Plans must, at a minimum, indicate the following:
A. Locations of all major elements of the plan, including windows, doorsteps, chimneys, etc.
(3) Roof Plan shall indicate all elements, parapets, elevator penthouses, etc. If an addition, the plans must show the existing structure.
A. Wall Sections (minimum scale 1/2" = 1')
Wall sections from below the footer to above the highest element on the roof shall be submitted. A typical wall section may be permitted if the structure is the same on all sides. Sections through overhangs or special and significant architectural elements shall also be provided. Notations shall indicate the type of materials being used, dimensions, and insulation values.
B. Exterior Elevations (minimum scale 1/8" = 1')
Exterior elevations shall be provided for all sides of a new structure and any side modified by an alteration or addition. Any submission which does not provide all the necessary elevations will be deemed not complete. Exterior elevations shall include the following information. The information shall be shown in a graphic format with annotations.
1. Exterior materials proposed. Additions or alterations shall match existing materials, including existing colors.
2. Show all proposed openings, doors, windows, etc.
3. Provide a color schedule of all elements.
4. Elevations shall show relationships to existing surrounding adjacent buildings (including those to the rear) showing the height of elements and the distance from those structures.
5. It is suggested that a colored rendering of the exterior elevation of commercial, institutional, and multi-family buildings be presented at the time of review. The colors should be similar to the materials being proposed.
6. If rooftop HVAC equipment is proposed, or if there are any architectural elements on the roof, these also must be shown, and it must be shown how they will be concealed from view. This may be shown in the elevations, or it may be necessary to submit a building cross section.
C. Photographs. One (1) set of color photographs of the exterior shall be submitted. Photographs shall be of all sides of existing structures where possible or applicable. Photographs of commercial buildings shall show adjacent structures. Photographs of new structures shall show vacant land and the structures on either side of the proposed construction.
D. Material Samples. All exterior finished materials including roofing with visual exposure. One (1) set of samples of proposed materials shall be submitted. If the proposed materials match existing materials, samples need not be submitted.
E. Cash Deposit. A cash deposit of a minimum of one thousand dollars ($1,000.00) shall be submitted with application. Checks will be made payable to the City of Wickliffe.
F. Fee. A fee for Architectural Review will be charged to each applicant, said fee to be determined by the Building Commissioner.
(e) Exterior Plan Approval.
(1) The Architectural Review Board shall, after receipt of reports from City staff and the applicable City Commissions, determine whether the Exterior Plan shall be approved, conditionally approved, or disapproved. The Exterior Plan shall not be approved unless the Architectural Review Board finds that:
A. All of the applicable provisions in the Planning and Zoning Code are complied with.
B. The location and configuration of the building(s), landscaping, off-street parking, driveways and site amenities are visually harmonious within the site and its surroundings.
(2) If the Exterior Plan is disapproved, the reasons for a disapproving vote shall be stated by those members and it shall be captured in the minutes of the meeting.
(3) Exterior Plan approval shall be for a period not to exceed one (1) year from the approval date of the Exterior Plan. If no construction has begun within two years after approval is granted, the approved Exterior Plan shall become null and void.
(f) Architectural Review Standards for Residential.
(1) Building Architecture.
A. Building Materials. Building materials shall be of high quality and durability, and architectural features should be used to create visual interest and livability of the family dwellings. Building facades shall be constructed with one or more of the following materials: solid wood, brick, stone, stucco, contemporary durable materials, vinyl, aluminum, or metal siding, with minimal use of cinder block. Materials shall be of low reflectance. All structures shall be designed to be architecturally compatible with each other by employing similar roof pitches, architectural details and be constructed of compatible exterior building materials.
B. Facades. The facade of a building should reflect a unified architectural treatment, level of architectural detail and are given equal consideration with regard to massing, proportion and composition and will have consistent materials and transitions of materials will occur at appropriate architectural elements such as inside corners.
C. Building Color. Specific colors and color schemes shall be designed to be compatible and harmonious with those of the buildings in the surrounding area. Colors shall be natural earth tone. The color white is also encouraged. Facade colors shall be subtle and of low reflectance. Accent colors may be used to highlight architectural features. Prohibited accent colors shall include metallic and fluorescent.
D. Roofing. Roofing shall be compatible and harmonious with building materials and color scheme.
(2) Site Planning.
A. Site Layout. Principal buildings, accessory buildings, fencing, parking areas, access drives, storm water facilities, pedestrian walkways, and landscaping shall be arranged to provide a visually appealing development that takes the existing topographic features and neighboring properties into consideration. Aesthetically pleasing attributes shall be visible throughout the entire development and the public right-of-way.
B. Lighting. Lighting shall enhance the visual appearance of the development. The color and design of the light poles and fixtures shall be designed to complement the architectural character of the buildings.
C. Fencing. Barbed wire, razor barb, and electrically charged fencing are not permitted. Masonry, wood, vinyl fencing, or decorative iron fencing is encouraged.
(3) Trash Enclosures. For multi-family developments, trash containers or receptacles (including recycling containers) shall be screened or enclosed with a trash enclosure meeting the following criteria:
A. The trash enclosure shall have four ( 4) sides with opening doors for the purpose of trash removal.
B. The trash enclosure shall be constructed of a wooden or vinyl fence structure, or masonry wall with an opacity of one hundred percent (100%) and a height of one foot above the top of the tallest container.
C. The trash enclosure shall be constructed and located so that the opening doors are wide enough to accommodate a garbage truck emptying and replacing the trash container or receptacle.
D. The building materials used for the trash enclosures shall be compatible with the building materials used on the principal building. A reinforced concrete pad and approach apron shall be constructed under and in front of the enclosed area.
E. Gates and doors on the enclosure shall be of wood, vinyl, hardiplank or any alternative material the Board deems suitable. Fencing with slats is prohibited.
F. The location of trash enclosures shall be as inconspicuous as possible.
G. See subsection (j) hereof for City Minimum Standard Detail.
(4) Signs. The requirements in Chapter 1161 - Signs should apply.
(g) Architectural Review Standards for General Business Applications.
(1) Building Architecture.
A. Building Materials. Building materials shall be of high quality and durability, and architectural features should be used to create visual interest and usability of the commercial or office buildings. Building facades are encouraged to be constructed with one or more of the following materials: solid wood, glass, brick, stone, stucco, decorative block or contemporary durable materials, with minimal use of vinyl, decorative aluminum or metal siding. Materials shall be of low reflectance. All structures shall be designed to be architecturally compatible with each other by employing similar roof pitches, architectural details and be constructed of compatible exterior building materials. The exteriors on a minimum of forty percent (40%) of the facades of buildings should incorporate brick, brick veneer, stone, stone veneer, split face block, stucco, glass, decorative block, EIFS or other contemporary durable materials that have the appearance of stone, brick or stucco or other natural materials.
B. Building Color. Specific colors and color schemes shall be designed to be compatible and harmonious with those of the buildings in the surrounding area. Colors shall be natural earth tone. The color white is also encouraged. Facade colors shall be subtle and of low reflectance. Accent colors may be used to highlight architectural features. Prohibited accent colors include metallic and fluorescent.
C. Roofing. Roofing shall be compatible and harmonious with building materials and color scheme.
D. Facades and Exterior Walls. Facades shall be articulated to reduce the massive scale and the uniform, impersonal appearances of large buildings and provide visual interest that will be consistent with the community's identity, character and scale.
(2) Site Planning.
A. Site Layout. Principal buildings, accessory buildings, fencing, parking areas, access drives, storm water facilities, pedestrian walkways, and landscaping shall be arranged to provide a visually appealing development that takes the existing topographic features and neighboring properties into consideration. Aesthetically pleasing attributes shall be visible throughout the entire development and the public right-of-way.
B. Lighting. Lighting shall enhance the visual appearance of the development. Color and design of the light poles and fixtures shall be designed to compliment the architectural character of the buildings.
C. Fencing. Chain link fencing shall be limited to areas behind the primary building. Masonry, wood, vinyl, or decorative iron fencing is encouraged. Barbed wire, razor barb and electrically charged fencing are not permitted.
(3) Outdoor Storage, Mechanical Hardware and Equipment, Trash Collection, and Loading Areas. Loading docks, truck parking, outdoor storage, utility meters, mechanical hardware and equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are minimized to adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.
(4) Trash Enclosures. Trash containers or receptacles (including recycling containers) shall be screened or enclosed with a trash enclosure meeting the following criteria:
A. The trash enclosure shall have four ( 4) sides with opening doors for the purpose of trash removal.
B. The trash enclosure shall be constructed of a wooden or vinyl fence structure, or masonry wall with an opacity of one hundred percent (100%) and a height of one foot above the top of the tallest container.
C. The trash enclosure shall be constructed so that the opening doors are wide enough to accommodate a garbage truck emptying and replacing the trash container or receptacle.
D. The building materials used for the trash enclosures shall be compatible with the building materials used on the principal building. A reinforced concrete pad and approach apron shall be constructed under and in front of the enclosed area.
E. Gates and doors on the enclosure shall be of a wood, vinyl, hardiplank or any alternative material the Board deems suitable. Fencing with slats is prohibited.
F. The location of enclosures shall be as inconspicuous as possible.
G. See subsection (j) hereof for City Minimum Standard Detail.
(h) Architectural Review Standards for the Euclid Avenue Overlay District.
(1) Building and Site Design Guidelines. These Euclid Avenue Overlay Guidelines are intended to supplement the Architectural Review guidelines found in this Chapter of the Wickliffe Codified Ordinances and provide more specific guidance based on the unique attributes of the Euclid Avenue Overlay area. In the event there is a conflict between the general guidelines and these guidelines, those adopted for the Overlay area would take precedence.
A. Building details, particularly on the front facade, should be designed for maximum visual interest. Buildings should be designed to respond to the context of the Wickliffe community and surrounding properties.
B. Buildings should be designed with details and materials to evoke the City look with building styles and designs common to the neighborhood on all sides of the structure.
C. Artificial cladding materials, such as vinyl siding are discouraged.
D. Storefront windows provide an opportunity to display merchandise and provide "eyes on the street." Clear glass should be retained in existing storefront windows.
E. Awnings are encouraged to provide protection from the weather for pedestrians and to provide location for signage.
F. Main entries should be clearly defined, and emphasized with architectural detailing, awnings, lighting, and/or signage.
G. Decorative paving is encouraged for sidewalks and other paved areas on private property.
H. Landscaping should be concentrated at parking lot edges to soften the appearance of parking from the street and to provide definition to curb cuts; landscaped islands within a parking lot are also encouraged.
I. Trash dumpsters must be in enclosures as specified in Section 1305.60(f)(4) of the Wickliffe Codified Ordinances. Loading areas and mechanical equipment should be located to the rear of buildings, with fencing and landscaping to screen these areas from public view.
J. 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.
K. Mechanical equipment attached to the side or roof of a building, including heating vents, should be kept as low as possible and screened. Color should be compatible with the background.
L. Accessory loading areas should be located in unobtrusive areas and be screened or blocked from public view.
M. Pedestrian-scaled light fixtures using LED lamps will add a warm glow to the district at night and are appropriate along the sidewalk and within parking lots and shall be directed not to impede light into neighbors' properties.
N. Benches and trash receptacles and these elements are welcome.
O. Sidewalks should be generous within the district leading to each building entrance. New sidewalks should have at least five feet (5') clear passageway.
(i) Architectural Review Standards for Manufacturing Applications.
(1) Building Architecture.
A. Building materials. Building materials shall be of high quality and durability, and architectural features should be used to create visual interest and usability of the manufacturing buildings. Building facades are encouraged to be constructed with one or more of the following materials: wood, contemporary durable materials, brick, stone, scored block, with minimal use of vinyl or decorative aluminum siding. Materials shall be of low reflectance. The use of a combination of decorative stone, brick or masonry materials and wood is encouraged.
B. Building color. Specific colors and color schemes shall be designed to be compatible and harmonious with those of the buildings in the surrounding area. Colors shall be natural earth tones. The color white is also encouraged. Facade colors shall be subtle and of low reflectance. Accent colors may be used to highlight architectural features. Prohibited accent colors include metallic and fluorescent.
C. Facades and exterior walls. Facades should be articulated to reduce the massive scale and impersonal appearances of large manufacturing buildings and should provide visual interest that will be consistent with the community's identity, character and scale.
(2) Site Planning.
A. Site layout. Principal buildings, accessory buildings, fencing, parking areas, access drives, storm water facilities, pedestrian walkways, and landscaping shall be arranged to provide a visually appealing development that takes the existing topographic features and neighboring properties into consideration.
B. Lighting. Lighting shall enhance the visual appearance of the development. Color and design of the light poles and fixtures shall be designed to complement the architectural character of the buildings.
C. Fencing. Chain link fencing should be limited to areas behind the primary building. Masonry, wood, vinyl or decorative iron fencing is encouraged.
(3) Outdoor Storage, Mechanical Hardware and Equipment, Trash Collection, and Loading Areas. Loading docks, truck parking, outdoor storage, utility meters, mechanical hardware and equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are minimized to adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.
(4) Trash Enclosures. Trash containers or receptacles (including recycling containers) shall be screened or enclosed with a trash enclosure of one hundred percent (100%) opacity where visible to a public street.
A. The trash enclosure shall have four (4) sides with opening doors for the purpose of trash removal.
B. The trash enclosure shall be constructed of a wooden or vinyl fence structure, earth mound or masonry wall with an opacity of one hundred percent (100%) and a height of one foot above the top of the tallest container.
C. The trash enclosure shall be constructed so that the opening doors are wide enough to accommodate a garbage truck emptying and replacing the trash container or receptacle.
D. The building materials used for the trash enclosures shall match the building materials used on the principal building. A reinforced concrete pad and approach apron shall be constructed under and in front of the enclosure.
E. Gates and doors on the enclosure shall be of a wood, vinyl, hardiplank or any alternative material the Board deems suitable. Fencing with slats is prohibited.
F. The location of trash containers or receptacles shall be as inconspicuous as possible.
G. See subsection (j) hereof for City Minimum Standard Detail.
(j) Trash Enclosure Detail.
(k) Appeals. Any person whose plan has been disapproved or who has otherwise been aggrieved by a decision of the Architectural Review Board, Building Commissioner, or designee may appeal that decision to the Board of Zoning Appeals. Please refer to Chapter 1335.
(Ord. 2024-25. Passed 5-13-24.)