Wickliffe City Zoning Code
TITLE THREE
District Regulations
1306.10 INTENT.
Public Open Space District and regulations are established in order to achieve, among others, the following purposes:
(a) To provide open space and recreational areas for the convenience, comfort and welfare of the residents of the City of Wickliffe, and,
(b) To protect natural areas and environmentally sensitive areas from destruction or encroachment by land development; and,
(c) To protect adjoining residential uses from adverse affects and potentially harmful affects inherent in the use of adjoining publicly owned land.
(Ord. 2003-34. Passed 6-23-03.)
1306.20 PERMITTED BUILDINGS AND USES.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in a Public Open Space District only for the following uses.
(a) Primary Uses:
(1) Preservation: Preservation of unique habitat, woodlots, stream and drainage ways, and other natural features.
(2) Passive Recreation: Observation of nature, wildlife, plants, and other natural elements.
(3) Active Recreation: Participation in field games, court games, hiking, bicycling, swimming, and other participatory recreational endeavors.
(4) Recreational facilities: playgrounds, swimming pools, public golf courses, interpretive centers, public museums, band shells, amphitheater, and such other structures required to support public recreation and nature observation.
(b) Accessory Uses:
(2) Facilities and structures necessary for the maintenance of on site facilities only.
(3) Support structures such as interpretive centers and observation structures, shelters, changing rooms at swimming pools and offices for staff.
(Ord. 2003-34. Passed 6-23-03.)
1306.30 CONDITIONAL USES.
The following uses may be permitted in a Public Open Space District through the process described at Chapter 1331 Conditional Use Permits:
(a) Municipal service garage.
(b) Municipal offices.
(c) Fire, Police and EMS facilities.
(d) Other facilities owned and operated by the City of Wickliffe and providing services to the residents.
(Ord. 2003-34. Passed 6-23-03.)
1306.40 AREA REGULATIONS.
The lot area for any use permitted in a Public Open Space District shall be not less than that necessary to provide a site for the permitted and accessory use and to provide the required yards and perimeter buffers. Planning Commission may require larger yards in order to protect adjacent uses from noise or to screen undesirable views.
(Ord. 2003-34. Passed 6-23-03.)
1306.50 YARD REGULATIONS.
(a) Front Yards. The front yard setback shall be not less than fifty feet for parking areas and for a main or accessory building.
(b) Side and Rear Yards. The side and rear yards shall be not less than fifty feet for any main or accessory building. Planning Commission, however, may require greater yard dimensions or screening walls or landscaping where the proposed use adjoins a residential district. Active recreation areas shall be located not less than forty feet from a residential district lot line. Driveways and parking areas may be located within the side or rear yard but shall not be located less than ten feet from a residential district lot line.
1306.60 HEIGHT REGULATIONS.
Buildings and structures in a Public Open Space District shall not exceed a height of thirty-five feet.
(Ord. 2003-34. Passed 6-23-03.)
1306.70 LIGHTING.
Flood lighting and other lighting of play areas, buildings, and parking areas shall be located and designed so as to shield the light source from adjoining residences and, except for minimum exterior lighting required for safety purposes, shall be extinguished between the hours of 11:00 p.m. and 7:00 a.m.
(Ord. 2003-34. Passed 6-23-03.)
1306.80 SIGNS.
One bulletin board or announcement sign not exceeding fifty square feet in area and six feet in height may be located on the premises of a permitted use but shall be set back not less than ten feet from a street right of way, and not less than twenty-five feet from adjoining residential districts.
(Ord. 2003-34. Passed 6-23-03.)
(Ord. 2003-34. Passed 6-23-03.)
1306.90 SITE PLAN APPROVAL.
(a) Drawings of proposed improvements shall be submitted to the Commission for review and the Commission may hold a public hearing thereon. Such drawings shall indicate the following:
(1) Property lines and dimensions of the parcel, proposed for development. Locations of existing main buildings on adjacent lots and on lots across the street the property to be developed.
(2) Topography, showing existing contours at not less than two foot intervals.
(3) Main and accessory buildings and uses proposed, the location, elevation, height and use.
(4) Parking areas, the arrangement, number and size of proposed parking areas and drives.
(5) Outdoor lighting fixtures, the location and type of proposed fixtures.
(6) Other site improvements, including grading and drainage, design of landscaped yards, buffers, planting areas and yards adjoining residential districts.
(7) Signs, the location, size and nature of proposed signs.
(b) The Commission shall evaluate the site plan for compliance with these regulations and render a decision for approval, approval with conditions, or rejection of the site plan. This evaluation shall be based on the following standards:
(1) The proposed buildings or use is properly located in relation to any Community plan, or part thereof, adopted by the Commission; and
(2) The location of the proposed building or use best serves the community or neighborhood; and
(3) The location, design and operation of such building or use will not adversely affect the surrounding residential neighborhood.
(Ord. 2003-34. Passed 6-23-03.)
1307.10 INTENT.
Private Recreation/Institutional Districts and regulations are established in order to achieve, among others, the following purposes:
(a) To provide governmental, civic, educational, welfare and recreational facilities in proper locations and size so as to promote the general safety and welfare; and
(b) To protect such facilities from the encroachment of certain other uses and to protect adjoining residential uses; and
(c) To provide an environment for the proper functioning of public and private facilities in relation to a well-considered community plan.
(Ord. 2003-34. Passed 6-23-03.)
1307.20 PERMITTED BUILDINGS AND USES.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in a Private Recreation/Institutional District only for the following uses:
(a) Main Buildings and Uses.
(1) Civic: art galleries, libraries, museums, places for public assembly, memorials, monuments, cemeteries.
(2) Educational: primary and secondary public or parochial schools, colleges universities.
(3) Governmental: municipal, county and state buildings and uses.
(4) Recreational: public and private playgrounds, public and private swimming pools, public and private golf courses, country clubs, and indoor recreation facilities.
(5) Religious: churches, temples.
(6) Welfare: general and special hospitals, health centers, institutions for children and adult care facilities.
(b) Accessory Buildings and Uses:
(2) Residences for custodians or guards.
(3) Restaurants, refreshments stands designed and located to serve only persons using the main facility.
(4) Maintenance and heating facilities.
(Ord. 2003-34. Passed 6-23-03.)
1307.30 CONDITIONAL USES.
Senior Residences Facilities may be conditionally permitted in a Private Recreation/Institution District through the process described at Chapter 1331 Conditional Use Permits. Senior residence facilities are designed to provide for the establishment of planned retirement communities with dwelling units supported by common facilities. The senior residence must be owner occupied. Senior Residence Facilities differ from adult care facilities in that adult care facilities, which are permitted by right in this district, provide personal care services to more than three adults. Personal care services including assisting residents with activities of daily living, assisting residents with self-administration of medications, and preparing special diets pursuant to instructions of a physician or licensed dietician.
(a) Principal Senior Residence Facilities Uses Conditionally Permitted:
(1) The senior/adult citizen means any person fifty-five years of age or older with or without a disability who must own and occupy the dwelling unit within the senior residence facilities.
(2) Private roads/or driveways providing safe and convenient access and circulation within the facility.
(3) Parking areas convenient to residence units designed with spaces to serve the needs of the disabled.
(b) Accessory Uses Conditionally Permitted in a Senior Residence Facility:
(1) Dining facilities for the use of senior citizens, their guests and employees of senior citizens facilities;
(2) Recreational and leisure facilities for use of senior citizens and their guests;
(3) Administrative, service and maintenance facilities;
(4) Convenience facilities, such as beauty and barber shop, gift shops, sundry shops and banking facilities for the use of resident and their guests only.
(c) Area and Density Requirements for Senior Residence Units.
(1) Apartments.
A. Each one-bedroom dwelling unit shall have a minimum living area of 350 square feet, exclusive of the area comprising any mechanical room and garage.
B. Each two-bedroom dwelling unit shall have a minimum living area of 650 square feet, exclusive of the area comprising any mechanical room and garage.
C. Each studio bedroom dwelling unit shall have a minimum living area of 350 feet, exclusive of the area comprising any mechanical room and garage.
(2) Cluster Units are defined for the purposes of this chapter as detached or attached single family dwelling units. An attached cluster dwelling unit may have common fireproof walls with each attached unit having two separate entries. No more than three individual living units may be clustered together utilizing common walls.
Cluster units shall provide the following minimum living area:
One story | 1,100 s.f. |
Two story | 1,320 s.f. |
(3) Health or Medical Facilities. The minimum floor area of a health facility or medical center shall conform to the requirements of the State Health Services Agency.
(4) Density. No retirement community project shall exceed a density of one dwelling unit per .08 acre or 12 units per gross acre of land
(5) Minimum Open Space. Senior Housing Facilities must provide a minimum open space area equal to thirty percent of the gross site area. Housing units shall be so arranged or clustered to provide convenient access to the required open space by residents of the community.
(d) Safety and Convenience Requirements. Each senior citizen residence project built within a Senior Residecnce Facility shall be designed in compliance with the requirements set by the Americans With Disabilities Act and its subsequent amendments and as a minimum, include, but shall not be limited to, the requirements of Use Group R-3 of the Ohio Building Code. Such housing shall include the following:
(1) Nonskid floors.
(2) Doors of sufficient width to accommodate wheelchairs.
(3) Electric outlets at levels at least twenty-four inches above the floor.
(4) Grab bars around bathtubs (where bathtubs are provided), showers and toilets.
(5) Handle-type spigots and doorknobs.
(6) Emergency signals, which ring in adjoining apartments or at a central location.
(e) Yard, Area, Height Requirements. Except as herein provided, yard, area and height requirements shall be regulated as set forth in the following:
(1) In a Senior Residecnce Facility, garages or other accessory buildings shall be located no less than fifty feet from a side or rear property line where such property line abuts a residential zoning district.
(2) Sideyard setbacks on sideyards adjoining non-residential uses shall be a minimum of twenty-five (25) feet.
(3) Minimum front yard setback distances to buildings shall be no less than the average of the setback distances of the adjacent zoning districts or fifty feet, whichever is greater.
(4) Off-street parking shall, to the extent possible, be provided in a rear yard. Where parking is provided in a front yard, minimum front yard setback distance to parking and drives shall be at least twenty-five feet and shall include perimeter buffers as stipulated in Chapter 1321 of this Zoning Code.
(5) The minimum distance between any two apartment buildings shall be one hundred feet.
(6) The minimum distance between the sidewalls any two groups of attached cluster units or between a group of attached cluster units and a single family unit in the same development shall be thirty feet.
(7) The minimum distance between the rear walls of any two apartment buildings shall be ninety feet.
(8) The minimum distance between the rear walls of any two groups of attached cluster units, or between a group of attached cluster units and a single family unit in the same development shall be ninety feet.
(9) Minimum rear yard setback from an apartment building and an adjacent single family lot not in a Senior Residence Facility shall be one hundred fifty feet.
(10) Minimum rear yard setback to other buildings in this district to an adjacent non-residential district lot line shall be seventy feet.
(11) Minimum rear yard setback from any adjacent multi-family or nonresidential lot to parking lots and access drives shall be twenty-five feet and shall include perimeter buffers as stipulated in Chapter 1321 of this Zoning Code.
(f) Off-street Parking.
(2) No part of any required yard abutting a street and not more than fifty percent of any side or rear yard abutting a single-family residential district shall be used for vehicular parking.
(3) Each senior citizen residence project built within a Senior Residence Facility shall include the following off-street parking facilities:
A. For each two dwelling units, there shall be provided one open parking space.
B. For each seven dwelling units, there shall be provided one parking space for the use of guests.
C. For each nonresident employee on duty during maximum shift, there shall be one open parking space.
D. Open parking spaces shall be at least nine feet by twenty feet.
E. All off-street parking areas shall be lighted, drained, paved, and visually screened.
F. Off-street parking areas shall be located at least 200 feet from a public street.
(g) Walls, Fences, and Landscaping. Walls, fences and/or landscaping shall be required in compliance with Chapter 1321 of these Codified Ordinances. Planning Commission may require additional landscaping and buffering to the extent required to buffer adjacent properties from objectionable views and/or noise.
(h) Signs and Lighting.
(2) Exterior lighting shall be provided for safety and convenience of senior citizens and their guests and employees, but shall be placed in such manner and be of such illumination as not to cause annoying glare or reflection inside resident units, on neighboring premises or on public streets.
(i) Elevators and Emergency Equipment. Any building or development constructed within a Senior/Adult District as a resident building for senior citizens shall be in compliance with all Federal and State statutes and regulations applying specifically to housing for the elderly. In addition, thereto, any such building or development in excess of one story in height shall be serviced at least by one elevator, the cars of which shall be sufficiently large to accommodate emergency equipment normally used by the Police and Fire Divisions of the City, such as stretchers, inhalators and portable fire extinguishers. Such elevators shall have emergency provisions for power, the exact number, location, design, method of operation and maintenance of such elevators shall be prescribed by Ohio statutes, the Codified Ordinances or any technical code adopted thereby.
(j) Emergency Power Lighting. All senior citizens residence districts, consisting of apartment type dwellings or other buildings containing an elevator, shall provide an emergency electrical power system of sufficient capacity to provide for emergency lighting of corridors and other common areas and sufficient also to power all elevators, if any, therein, apartment type developments not containing an elevator therein shall have emergency power facilities for the purpose of lighting all corridors and other common areas.
(k) Variances and Minor Modifications. Planning Commission may permit reasonable variances and minor modifications from the strict interpretation of the provisions of this section upon specific findings that the variance or modification is:
(1) Necessary to prevent undue or unnecessary hardship.
(2) Not contrary to the spirit and intent of the Zoning Code.
(3) Will not adversely affect adjacent or neighboring properties.
(l) Site Plan. Applicants shall provide a site plan of the proposed development which illustrates compliance with planning standards, regulations and criteria established in this section. This site plan shall te developed at an appropriate scale and shall indicate all uses proposed, the location and arrangement of uses, and unless waived by Planning Commission as not being applicable, the following:
(1) Topography at two-foot or less intervals;
(2) The location and dimensions of property lines, easements, street right-of- ways, setbacks, parking areas, driveways, sidewalks and other pedestrian ways;
(3) A tree survey and vegetation preservation plan;
(4) The location of all structures in the development area to be removed and all structures lying outside the development area within 100' thereof;
(5) The location of all proposed structures and their uses;
(6) The location of water features, wetlands and other significant environmental site features;
(7) The location of site utilities;
(8) A landscape plan;
(9) Upon request of the City Engineer, a traffic survey indicating impact on adjacent intersections and street segments.
(10) The proposed forms of covenants running with the land, deed restrictions (including those with respect to the use of common land), conservation and utility easements to be recorded and proposed covenants for maintenance; and,
(11) Such other relevant information as the Planning Commission or City Engineer may require the evaluation of compliance with the letter and intent of these regulation.
(Ord. 2003-34. Passed 6-23-03; Ord. 2010-08. Passed 4-12-10.)
1307.40 AREA REGULATIONS.
The lot area for any use permitted in a Private Recreation/Institutional District shall be not less than that necessary to provide a site for the main and accessory buildings and uses, required off-street parking, and to provide the required perimeter buffers and yards.
(Ord. 2003-34. Passed 6-23-03.)
1307.50 YARD REGULATIONS.
Except as provided in 1307.30, yards in a Private Recreation/Institutional District shall comply with the following:
(a) Front Yards. The front yard setback shall be not less than fifty feet for parking areas and for a main or accessory building not more than thirty-five feet in height shall have a front yard of not less than one and one-half (1 ½) times the height of the buildings.
(b) Side and Rear Yards. The side and rear yards shall be not less than fifty feet for any main or accessory building not more than thirty-five feet in height. Buildings in excess of thirty-five feet in height shall have a side and/or rear yard not less than one and one-half (1 ½) times the height of the building. The Commission may, however, require a greater yard dimension where the proposed use adjoins a residential district. Driveways and parking areas may be located within the side or rear yard but shall be located not less than ten feet from a residential district lot line. Active recreation areas shall be located not less than forty feet from a residential district line.
(c) Maximum Land Coverage by Buildings. The maximum percentage of land covered by main and accessory buildings shall not exceed twenty percent.
(d) Maximum Impervious Surface: The maximum percentage of land covered by impervious surface shall not exceed eighty percent of gross lot area.
(Ord. 2003-34. Passed 6-23-03.)
1307.60 HEIGHT REGULATIONS.
Buildings in a Private Recreation/Institutional District may be erected to a height not exceeding fifty feet, except that flag poles, antennae, towers, and mechanical appurtenances located upon the building maybe erected above the height limit, provided the height of such feature does not exceed the horizontal distance from the base of such feature to the nearest lot line.
(Ord. 2003-34. Passed 6-23-03.)
1307.70 LIGHTING.
Flood Lighting and other lighting of playfields, buildings, bulletin boards and parking areas shall be located and designed so as to shield the light source from adjoining residences and, except for minimum exterior lighting required for safety purposes, shall be extinguished between the hours of 11:00 p.m. and 7:00 a.m.
(Ord. 2003-34. Passed 6-23-03.)
1307.80 SIGNS.
One bulletin board or announcement sign not exceeding fifty (50) square feet in area and six feet in height may be located on the premises of a permitted use but shall be set back not less than ten feet from a street right of way, and not less than twenty-five feet from adjoining residential districts.
(Ord. 2003-34. Passed 6-23-03.)
(Ord. 2003-34. Passed 6-23-03.)
1307.90 SITE PLAN APPROVAL.
(a) Drawings of proposed improvements within a private recreational/institutional district shall be submitted to the Commission for review and the Commission shall hold a public hearing thereon. Such drawings shall indicate the following:
(1) Property lines and dimensions of the parcel proposed for development.
(2) Locations of existing main buildings on adjacent lots and on lots across the street the property to be developed.
(3) Topography, showing existing contours at not less than two-foot intervals.
(4) Main and accessory buildings and uses proposed, the location, elevation, height and use.
(5) Parking areas, the arrangement, number and size of proposed parking areas and drives.
(6) Outdoor lighting fixtures, the location and type of proposed fixtures.
(7) Other site improvements, including grading and drainage, design of landscaped yards, planting areas and yards adjoining residential districts.
(8) Signs, the location, size and nature of proposed signs.
(b) The Commission shall evaluate the site and within sixty days from the date of receipt either approve, approve with conditions or reject the site plan in consideration of the following standards:
(1) The proposed building or use is properly located in relation to any Community plan, or part thereof, adopted by the Commission, and
(2) The location of the proposed building or use best serves the City or neighborhood, and
(3) The location, design and operation of such building or use will not adversely affect the surrounding residential neighborhood.
(c) No building permits shall be issued until the Commission has approved the site plan.
(Ord. 2003-34. Passed 6-23-03.)
1309.10 INTENT.
Residential Districts and their regulations are established in order to achieve, among others, the following purposes:
(a) Regulation of bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district; and
(b) Regulation of density and distribution of population to accordance with a plan to avoid congestion and to maintain adequate services; and
(c) Protection from noxious fumes, odors, dust, excessive noises, vehicular congestion and other objectionable influences; and,
(d) Preservation and enhancement of natural environmental characteristics contributing to public health, mitigation of pollution, quality of life; and,
(e) Promotion of stability and protection of property values by preservation of desirable characteristics of existing residential development; and
(f) Promotion of the most desirable and beneficial use of the land and bringing about eventual conformity with a well-considered community plan.
(Ord. 2003-34. Passed 6-23-03.)
1309.20 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in Residential Districts only for the uses set forth in the schedules and use regulations of this Zoning Ordinance.
(Ord. 1961-103. Passed 12-29-61.)
1309.21 MAIN AND ACCESSORY BUILDINGS AND USES AND CONDITIONAL USES.
(a) Main buildings and uses, as set forth in the Schedule of Section 1309.22, shall be permitted by right as the principal building or use of a zoning lot only in a district in which it is specifically permitted.
(b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrences, large land area requirements or other features, and shall not be permitted in certain locations by right. Such uses require consideration, approval and granting of a permit by the Commission according to procedures and standards set forth in Chapter 1331 of this Zoning Ordinance. Only those uses so enumerated in the Schedule of Section 1309.22 may be approved in the specific districts.
(c) Accessory buildings and uses, as set forth in the Schedule of Section 1309.22, shall be permitted as a subordinate building or use, which is clearly incident to and located on the same zoning lot as the main building or use, and shall be located only in a district in which it is specifically permitted.
(Ord. 1961-103. Passed 12-29-61.)
1309.22 SCHEDULE OF PERMITTED BUILDINGS AND USES.
District Main Building and Uses Accessory Buildings and Uses | ||
1. RI-100 | a. One family dwellings b. By Conditional Use Permit: 1. Public schools, parks playgrounds, libraries, and other public buildings 2. Churches, nursery schools and parochial schools 3. Public utility substations | a. Parking and garage facilities b. Private garden and recreation uses, structure, pools, fences, walls c. Private swimming pools d. Home professional offices e. Domestic animals f. Signs |
2. RI-75 | a. Main uses permitted in RI-100 District b. By Conditional Use Permit same uses permitted in RI-100 | Accessory uses permitted in RI-100 District |
3. RI-60 | a. Main uses permitted in RI-75 District b. By Conditional Use Permit: Same uses permitted in RI-75 | Accessory uses permitted in RI-75 District |
4. RI-50 | a. Main uses permitted in RI-60 District b. By Conditional Use Permit: Same uses permitted in RI-60 | Accessory uses permitted in RI-60 District |
5. R2F | a. Main uses permitted in RI-50 District b. Two-family dwellings c. By Conditional Use Permit: Same uses permitted in RI-50 | a. Accessory uses permitted RI-50 District b. Storage garages and parking areas for automobiles accessory to two-family dwellings |
6. RMF | a. Uses permitted in R2F District b. Apartments and row houses c. By Conditional Use Permit: Same uses permitted in R2F | a. Accessory uses permitted in R2F District b. Storage garages and parking areas for automobiles accessory to multi-family dwellings. |
(Ord. 1965-66. Passed 10-25-65.)
1309.23 ACCESSORY USES.
(a) Parking and Garage Facilities. Private or storage garages or open off-street parking areas are permitted in Residential Districts if accessory to a dwelling, an institution or an approved Conditional Use as set forth in the above schedule, and are required for all uses in accordance with the standards set forth in Chapter 1321 of this Zoning Ordinance. An occupant shall be permitted to repair his automobile; however, the rebuilding or dismantling of an automobile in an open yard, and vehicular body and paint repair work in Residential Districts, is prohibited. Driveways to a garage or accessory parking area in One-Family Districts shall be permitted in a required side yard, provided the side yard is not less than nine feet wide.
(b) Private Garden and Recreation Uses, Structures, Pools, Fences, Walls.
(1) Landscape features, including hedges, trees and shrubs, and yard structures, including fences, trellises, walls, pools and outdoor fireplaces shall be permitted but shall be regulated as follows so they will not substantially interfere with reception of sun, light and air on adjacent residential lots. Fences and walls over three feet high and all accessory buildings shall require a building permit.
A. Front yards of interior lot. Open fences and hedges shall be permitted along a side lot line in the front yard, in connection with an entrance feature, or along a front lot line to a height of not more than three feet, provided such fence or hedge does not project over public right of way.
B. Front yard of corner lot. Landscape features may be located within a triangle formed by lines drawn between points on the front lot line and side lot line of a corner lot twenty-five feet from their intersection (measured on nearest property lines), providing "sight lines" within a vertical height band of two and one-half feet to six feet above curb level lot. Features may be permitted in accord with the regulations for an interior lot as set forth in subsection A. above.
C. Side and rear yards. Fences, walls or hedges may be permitted along the side and/or rear lot lines to a height of not more than six feet. Any fence shall be of uniform design, painted and otherwise well maintained. Solid walls and fences, tool sheds and other enclosed structures shall conform to the yard regulations for accessory buildings set forth in Section 1309.59.
(Ord. 1984-17. Passed 5-14-84; Ord. 2009-12. Passed 5-11-09.)
D. Solid fences shall be permitted to a height of six feet along side, and/or rear lot lines adjoining a non-residential zoning district only upon approval by the Planning Commission.
(2) Other structures. Floodlights, searchlights, loudspeakers or similar structures shall not be erected or used in Residential Districts in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
(3) Gardens. The raising for private use or sale of fruits, vegetables or nursery stock is permitted in Residential Districts as permitted and regulated in other ordinances of the City.
(c) Private Swimming Pools. Private swimming pools, where permitted, shall be constructed, placed or maintained in accordance with existing ordinances of the City.
(d) Home Professional Offices. Home offices may be permitted in Residential Districts in the home of a household member engaged in a business or service such as real estate, selling or taking orders for merchandise, contracting work; or, in the home of a household member practicing any of the recognized professions, including accountant, architect, artist, engineer, lawyer, musician or physician, provided it is not operated as the principal office, and provided further that for any office:
(1) No other help is performed except by members of the resident family; and
(2) The residential character of the dwelling exterior shall not be changed; and
(3) Equipment which will create electrical disturbance beyond the premises or create noise audible beyond the premises shall not be used; and
(4) It does not attract any greater number of automobiles than can be parked in the driveway.
(e) Home Occupations. Home Occupations may be permitted in Residential Districts, including home crafts such as baking, dressmaking, millinery, weaving, home decorating, and including services such as repairing furniture, radio and television, and sharpening tools, provided:
(1) The occupation is conducted only by members of the family residing within the dwelling; and
(2) The occupation is conducted wholly within a building and the space used for sale and production does not occupy an area equal to more than twenty- five percent of the floor area of the dwelling nor more than 150 square feet of floor area of a detached building; and
(3) All merchandise sold is produced on the premises; and
(4) No outside storage of materials or equipment, is visible from any adjacent residential lot; and,
(5) No mechanical equipment is used which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot; and
(6) The residential character of the dwelling exterior or accessory building is not changed; and
(7) The occupation does not attract any greater number of automobiles to the premises than can be parked in the driveway.
(f) Renting of Rooms. The renting from a resident family by not more than two persons is permitted in certain Residential Districts as set forth in the Schedule of Section 1309.22, provided that the exterior character of the dwelling is not changed, and off-street parking is provided as set forth in Chapter 1321.
(g) Domestic Animals. The raising and the keeping of domestic animals is permitted in Residential Districts as permitted and as regulated by other ordinances of the City.
(h) Signs. Nameplates and bulletin boards are permitted in Residential Districts as Regulated in Chapter 1323.
(Ord. 1984-17. Passed 5-14-84.)
1309.24 TEMPORARY LIVING SPACE.
Basements, garages or non-structures such as mobile homes and campers shall not be permitted as temporary living space in any Residential District.
(Ord. 1972-6. Passed 3-13-72.)
(Ord. 1972-6. Passed 3-13-72.)
1309.25 TEMPORARY STRUCTURES.
Temporary offices, storage, signs and other structures of contractors are permitted in any of the Residential Districts, provided such uses are deemed necessary to the development of the premises and provided a building permit has been obtained for the principal work. Such structures shall be removed within thirty days after completion of work on the premises or if construction is not pursued diligently. Wherever possible, such a structure shall be located on a parcel to comply with the yards required for a main building in the same district.
(Ord. 1961-103. Passed 12-29-61.)
1309.26 REMOVAL OF SOIL.
Soil, sand or gravel shall not be stripped or removed in a Residential District except excess soil, sand or gravel resulting from excavation or grading in connection with the construction or alteration of a building or other improvements of the lot.
(Ord. 1961-103. Passed 12-29-61.)
1309.30 AREA, YARD AND HEIGHT REGULATIONS.
Land and buildings shall be used in accordance with the lot area regulations, and buildings shall be designed, erected, altered, moved or maintained in accordance with the yard and building height regulations set forth in the following sections.
(Ord. 1961-103. Passed 12-29-61.)
1309.31 LOT AREA, WIDTH, DEPTH, PERCENT OF LOT COVERED, FRONT YARD, SIDE YARD, REAR YARD, HEIGHT.
(a) The area of a zoning lot shall be not less than the area in square feet required for each dwelling unit as set forth in the Schedule of Section 1309.32, multiplied by the number of units in the building. The area of a zoning lot is computed exclusive of any portion of the right-of- way of any public street.
(b) Width; Depth.
(1) The width of zoning lot shall be not less than the width of a lot for the type of dwelling or other building permitted in the district in which the lot is located as set forth in the Schedule of Section 1309.32, and shall be measured at the building line. The width of a corner lot shall be increased to conform to the required side yards. Each zoning lot shall abut upon a public street for the required width of the lot, and the width of a lot measured at any point between the side lot lines shall be at least eighty percent (80%) of the width required at the building line, except that on a curved street, the width between the side lot lines at their foremost points where they intersect with the street line shall not be less than sixty percent (60%) of the required width at the building line.
(2) The depth of a zoning lot shall be considered to be the distance between the midpoints of straight lines connection the foremost points of the side lot lines where they intersect with the street line and the rearmost points of the side lot lines in the rear.
(c) The percent of lot covered by buildings, as set forth in the Schedule of Section 1309.32, shall not exceed the area of the building divided by the area of the lot as defined in this section. However, on lots of record which are less than fifty feet in width or having a depth of less than 120 feet, the total square feet of lot covered by main and accessory buildings shall not exceed 1,440 square feet provided all other yard regulations are complied with.
(d) The front yard depth of a zoning lot shall not be less than the depth set forth in the Schedule of Section 1309.32. for the type of dwelling or other building permitted in the district in which it is located where less than fifty percent of the street frontage between two successive intersecting streets was build up prior to the effective date of this Zoning Ordinance; except for the front yard setback that any be shown otherwise on the Zone Map, or except where variations in setbacks are permitted in accordance with Section 1309.60.
(e) Two side yards shall be provided for every dwelling on a zoning lot. The width of either side lot shall be not less than the respective dimensions as set forth in the schedule of Section 1309.32 for a dwelling with attached garage, and for a dwelling with detached garage. The total width of both side yards of a lot and the width of adjoining lots shall be not less than the total width as set forth in the aforesaid schedule for the district in which it is located, except as modified in Sections 1309.59 and 1309.60.
(f) The rear yard depth of a zoning lot for main buildings shall be not less than thirty percent of the depth of lot or the dimensions set forth in the Schedule of Section 1309.32, whichever is the lesser, for the district in which it is located. A detached accessory building, or buildings, shall not occupy more than twenty percent of the area of the rear yard, but in no case shall occupy more than 800 square feet, and shall be located in accord with yard regulations as set forth in Section 1309.59.
(g) The height of a main building permitted on a zoning lot shall not exceed the number of stories as set forth in the Schedule of Section 1309.32 for the district in which it is located or as modified in Section 1309.70. The height of permitted accessory buildings shall not exceed one story or fifteen feet in height.
(Ord. 1977-94. Passed 2-13-77.)
1309.32 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS.
Min. Lot Size | Minimum Yard Dimensions (ft.) | |||||||||||
Side Yard | ||||||||||||
Attached Gar. (a) | Detached Gar. (b) | |||||||||||
District | Dwelling Type | Area D.U. (Sq. Ft.) | Width at Bldg. Line (Feet) | Depth Min. (Feet) | Max. % Cov. by Main and Accessory Bldgs. | Front | Min. | Total | Min. | Total | Rear 30% of Depth or (c) | Max. Height (stories) |
R1-100 | 1 Fam. Dw. | 18,000 | 100 | 180 | 20 | 60 | 10 | 20% of lot width but not less than 22 | 10 | 20% of lot width but not less than 24 | 50 | 2 |
R1-75 | 1 Fam. Dw. | 12,000 | 75 | 140 | 20 | 45 | 6 | 20% of lot width but not less than 14 | 6 | 25% of lot width but not less than 16 | 40 | 2 |
R1-60 | 1 Fam. Dw. | 8,400 | 60 | 120 | 20 | 35 | 5 | 20% of lot width but not less than 12 | 5 | 25% of lot width but not less than 15 | 40 | 2-1/2 |
R1-50 | 1 Fam. Dw. | 6,000 | 50 | 120 | 24 | 35 | 3 | 8 | 3 | 12 | 30 | 2-1/2 |
R2F | 1 Fam. Dw. | 6,000 | 50 | 120 | 24 | 35 | 3 | 8 | 3 | 12 | 30 | 2-1/2 |
2 Fam. Dw. | 3,600 | 60 | 120 | 27 | 30 | 6 | 12 | 6 | 16 | 30 | 2-1/2 | |
RMF | 1 Fam. Dw. | 6,000 | 50 | 120 | 24 | 35 | 3 | 8 | 3 | 12 | 30 | 2-1/2 |
2 Fam. Dw. | 3,600 | 60 | 120 | 27 | 30 | 6 | 12 | 6 | 16 | 2-1/2 | ||
Apartment | 2,500 | 100 | --- | 30 | 25 | See Section 1309.56 | 3 | |||||
(a) Where garage is attached to side of house.
(b) Where driveway is in a side yard, such yard shall be not less than nine feet in width.
(c) Whichever is less. (Ord. 1965-66. Passed 10-25-65.)
1309.40 SUPPLEMENTARY AREA REGULATIONS.
Land and buildings shall be used in accordance with the supplementary area regulations, and buildings shall be designed, erected, altered, moved or maintained in accordance with the supplementary area regulations set forth in the following sections.
(Ord. 1961-103. Passed 12-29-61.)
1309.41 BUILDINGS PERMITTED ON ZONING LOT.
There shall be not more than one (1) one-family or one (1) two-family dwelling located on a zoning lot, and both units of a two-family dwelling shall be within the same building. In addition, there may be one or more accessory buildings on the same zoning lot with a main building, provided such accessory building is constructed subsequent to the main building. No dwelling shall be located to the rear of any building on the same lot, however, in a RMF District, multi-family buildings may be arranged in a group and not directly front on a street.
(Ord. 1961-103. Passed 12-29-61.)
1309.42 REQUIRED LOT AREA TO BE MAINTAINED.
(a) A parcel of land may be divided into two or more zoning lots, provided all lots resulting from such division shall conform to all lot area and width regulations of the district in which it is located. A lot of record, whether vacant or occupied by a building, which has an area or width equal to or less than required by these regulations and which was owned separately from adjoining lots on the effective date of this Zoning Ordinance, or an amendment thereto which shall make the lot conforming, shall not be further reduced in any manner except by conveyance to an adjacent owner or owners.
(b) The required lot area, which is provided for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.
(Ord. 1961-103. Passed 12-29-61.)
1309.43 LOTS OF RECORD OF INSUFFICIENT AREA.
A lot of record which does not comply with the area and/or width of lot regulations of the district in which it is located on the effective date of this Zoning Ordinance or any amendment thereto which shall make the lot nonconforming, may be used as follows:
(a) If occupied by a dwelling, such dwelling may be maintained, repaired or altered; provided, however, that the building may not be enlarged in floor area unless the enlarged sections comply with all other regulations of this Zoning Ordinance, except lot area and lot width regulations.
(b) If vacant, the lot may be used, as a site for a one-family dwelling only, provided that all other regulations of this Zoning Ordinance, except lot area and lot width regulations, shall be complied with.
(c) If replatting of such adjoining nonconforming lots cannot be effected reasonably without resulting in an average lot width less than the minimum required for the district, such regulations may be modified by the Commission to permit the district in which subdivision is located.
(Ord. 1992-53. Passed 11-9-92.)
1309.44 LOT AREA FOR GROUP DEVELOPMENTS.
Areas unbuildable because of irregular topography, recreational areas and areas that are proposed for street purposes shall be excluded from the gross site area before computing the number of dwelling units permitted on a lot for a development of multi-family dwellings.
(Ord. 1961-103. Passed 12-29-61.)
1309.50 SUPPLEMENTARY YARD REGULATIONS.
Land and buildings shall be used in accordance with the supplementary yard regulations, and buildings shall be designed, erected, altered, moved or maintained in accordance with the supplementary yard regulations set forth in the following sections.
(Ord. 1961-103. Passed 12-29-61.)
1309.51 REQUIRED YARDS TO BE MAINTAINED.
The required yards surrounding an existing main building shall not be separated in ownership from that part of the lot upon which the building is located, and no part of required yard shall be considered as providing a yard for any other existing main building. A yard shall not be reduced to less than the required dimensions for the district in which it is located and a yard of less than the required width shall not be further reduced. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings and uses as set forth in Sections 1309.23 and 1309.59, and permitted projections as set forth in Section 1309.60.
(Ord. 1961-103. Passed 12-29-61).
1309.52 FRONT YARDS OF PARTIALLY BUILT-UP BLOCKS.
Where a building line has not been established by map or ordinance, and where fifty percent or more of the aggregate street frontage between two successive intersections streets is occupied by buildings of the type and use permitted in the district before the effective date of this Zoning Ordinance or a relevant amendment thereto, the average setback of conforming buildings located within one hundred feet on either side of a lot proposed for development shall be the minimum front yard setback required for that lot, provided, however, the depth of the front yard resulting there from shall be not less than two-thirds of the dimensions set forth in the Schedule of Section 1309.32.
(Ord. 1961-103. Passed 12-29-61.)
(Ord. 1961-103. Passed 12-29-61.)
1309.53 SIDE YARDS; INSUFFICIENT WIDTH.
Where side yards of a lot are narrower than required for the district in which the building is located, and if the lot was owned separately from all other parcels of land on the effective date of this Zoning Ordinance or a relevant amendment thereto, and is still so owned, the building may be maintained, repaired, modernized or altered but may not be enlarged in ground floor area unless the enlarged part complies with the regulations of this Zoning Ordinance.
(Ord. 1961-103. Passed 12-29-61)
1309.54 YARDS OF CORNER LOTS.
The depth of the front yard of a corner lot shall be not less than the required setback from the front lot line as defined in Section 1309.31. The width of the side yard on the side street shall be not less than two-thirds of the depth of the front yard required for the adjoining lot which abuts on the side street; except for lots of record on the effective date of this Zoning Ordinance, the side yard along the side street may be less but shall be not less than one-third of the depth of the front yard required for the adjoining lot which abuts on the side street, unless shown otherwise on the Zoning Map. The interior side yard of a corner lot shall be not less than the minimum width required for a side yard of any interior lot for the district.
(Ord. 1961-103. Passed 12-29-61.)
1309.55 UNIT DEVELOPMENT OF ONE-FAMILY DWELLINGS.
(a) Intent. In order to encourage better utilization of yard spaces and greater attractiveness, if a group of three or more contiguous one-family dwelling are planned and developed as a unit, and if approved by the Commission, the yard regulations of this Zoning Ordinance may be modified as described below.
(b) Front Yards. If a planned composition of front yards is attained, the setback for certain dwellings may be decreased, but not more than ten feet from the established building line, provided the average depth of the front yards for the entire unit development is not less than the minimum depth established for front yards for the district.
(c) Side Yards. If a planned utilization of side yards is attained, the "service" side of two dwellings (kitchens, garages, utility rooms) may be located opposite each other on adjacent lots, and the "living" sides (living, sleeping rooms) may be located opposite each other on adjacent lots and the total width for the two such "service" side yards shall be not less than fourteen feet in a R1-75 District, eight feet in a R1-60 District and six feet in a R1-50 District. The total width of the two side yards of each lot shall be not less than required for a lot in the district.
(d) Approval. Development plans showing locations of buildings, yards, driveways, walks and other site improvements for the entire "unit development" shall be submitted to the Commission, and until approved by it, a building permit shall not issued.
(Ord. 1961-103. Passed 12-29-61.)
1309.56 YARDS FOR MULTI-FAMILY DWELLINGS.
(a) Intent. The yards of multi-family buildings shall be related to the plan of the dwelling units with the building as well as to the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, and from streets, parking spaces and recreation areas. In order to encourage more attractive arrangements of buildings and greater utilization of yards and the above objectives, regulations are established as described below.
(b) Definitions. The following definitions shall apply the terms used in this section:
(1) "Main Wall" means any exterior wall containing the principal windows of a living, dining, or sleeping room or rooms, and/or other windows.
(2) "Secondary Wall" means an exterior wall, other than a main wall, containing minor windows of a dining or sleeping room, or principal or minor windows of kitchen or bathrooms, or a blank surface.
(3) “Wall Unit” means that each vertical plane of a building shall be considered a separate wall in applying these yard regulations.
(4) "Overlapping Walls" means those portions of the exterior wall or walls, which are directly opposite when two buildings, parallel, or within thirty degrees of parallel, face each other across an open yard or space.
(5) "Single Development" means one multi-family building located on a lot which abuts a public street.
(6) "Group Development" means more than one multi-family building located on a zoning lot which may or may not be developed in the usual street and lot pattern.
(c) Schedule of Yard Dimensions. Multi-family buildings shall be designed, erected, altered, moved, maintained or used in accord with the following schedule of yard regulations, except front yard setbacks shall be in accord with Section 1309.32.
Building and Lot | Number of Stories | Minimum Yard Dimensions (Feet) |
(a) Main wall facing another main wall across an open yard (where walls overlap less than 50 ft.) | 1 2 3 | 40 45 50 |
(b) Main wall facing a secondary wall across an open yard (where walls overlap less than 50 ft.) | 1 2 3 | 34 38 42 |
(c) Secondary wall facing a secondary wall across an open yard (where walls overlap less than 50 ft.) | 1 2 3 | 25 28 31 |
The minimum distance between any two parallel walls which overlap more than fifty feet or extend unbroken for more than fifty feet parallel to a property line (or within fifteen degrees of parallel), as set forth in the above schedule, shall be increased not less than fifteen hundredths (0.15) times the number of feet the walls overlap or extend along a property line more than fifty feet.
The minimum width of a yard between any wall and a side or rear lot line shall be not less than one-half of the width established in the above schedule for the respective types of walls unless shown otherwise on the Zone Map where adjoining a Residential District.
(d) Use and Design of Yards. The required yards, set forth above, may be used for pedestrian walks, recreation areas, parking areas or driveways, however, accessory buildings or uses shall be located not less than set forth in the following schedule. Yards not occupied by any of the above accessory buildings and uses shall be fully developed with lawns and other landscape features.
Minimum Distance From Main Building (Feet) | From Side or Rear Lot Line of: | |||
Accessory Building or Use | Main Wall | Secondary Wall | One Family District | Apartment District |
Garage | 30 | 15 | 15 | 5 |
Driveway or parking area | 30 | 10 | 8 | 3 |
Walk | 15 | 5 | 3 | 3 |
Play area | 30 | 20 | 20 | 3 |
A parking area may be located in the required front yard setback, but not less than twenty-five feet from the front property line. Off-street parking facilities shall be provided not more than 200 feet from the building entrance used by each occupant.
(e) Approval of Development Plans. Development plans drawn to scale showing locations of buildings, yards, driveways, walks, parking and recreation areas and other site improvements for multi-family group developments shall be submitted to the Planning Commission, and until found to comply with adopted plans, codes and planning principles, and approved by the Commission, building permits shall not be issued. The drawing shall also show the surrounding streets and the nearest buildings on adjoining lots. The Commission may modify certain of the requirements if it finds that amenities such as privacy, light and openness are improved because of skillful design in the arrangement of buildings, landscaping or other site features and on the other hand, the Commission may require wider yards where an adjoining building is near a lot line and such features as fences and planting to further protect adjoining one or two-family residential developments. The Commission shall not decrease the yard requirements in order to allow the maximum number of units permitted in Section 1309.32 of this Zoning Ordnance. (Ord. 1961-103. Passed 12-29-61.)
1309.57 RESERVED.
1309.58 YARDS FOR INSTITUTIONS.
Front yards shall be provided for institutional buildings permitted conditionally in certain Residential Districts in accordance with requirements set forth in Section 1309.32 or as established on the Zone Map. Side and rear yards shall be provided in accordance with the requirements set forth in Section 1307.40.
(Ord. 2003-34. Passed 6-23-03.)
1309.59 YARDS FOR ACCESSORY BUILDINGS.
(a) An accessory building permitted in a Residential District shall be either attached to the main building by walls or roof or located not less than ten feet therefrom, and shall not project into a front side yard.
(b) An accessory building may be located in a rear yard but not less than three-feet from a rear or side lot line, provided that an accessory building shall be located not less than fifteen feet from any dwelling on an adjacent lot.
(c) On a corner lot in an R1-100 District, an accessory building located in a required rear yard shall be set back from the side street line not less than required for the main building of the butt lot.
(d) On a corner lot in an R1-75 District, an accessory building located in a required rear yard shall be set back from the side street line not less than required for the main building of the butt lot.
(e) On a corner lot in R1-60 and R1-50 Districts, an accessory building located in a required rear yard shall be set back from the side street line not less than twenty feet.
(f) The required setback for an accessory building from the side street line within the area permitted for a main building shall be the same as required for the main building, provided that an accessory garage having access from the side street shall be set back not less than twenty feet. (Ord. 1994-15. Passed 6-27-94.)
1309.60 PROJECTIONS OF BUILDING FEATURES.
(a) Intent. "Projection" means that part or feature of a building which extends outside of the enclosing walls and makes the enclosed space more usable. It is intended that certain features may project into required yards, but they shall be regulated as herein set forth so that they will not subsequently interfere with the reception of sun, light and air on adjacent lots.
(b) Types of Projecting Features. The following definitions shall apply to the terms used in this section:
(1) "Architectural feature" means a belt course, balcony, bay window, cornice, chimney or solid overhang.
(2) "Entrance feature" means a platform, landing, steps, terrace or other features not extending above the first floor level of a building.
(3) "Outside stairs" means a fire escape or enclosed stairway and landing leading to the second floor of a converted building.
(4) “Enclosed shelters” means an enclosed entry or porch.
(5) "Unenclosed shelters" means an entrance hood or open but roofed porch.
(6) "Solid shading device" means a metal or plastic, louvered or solid awning.
(7) "Open shading device" means a trellis, louvers and similar horizontal shading device having more than seventy-five percent of the surface open.
(c) Projection Limitations. Building features may project into required front and side yards of a dwelling, but shall not project more, and the distance to a side lot line (vertical projections) shall be not less, than set forth in the following schedule:
Projecting Features | Maximum Projection Into | Minimum Distance From Side Lot Line (Feet) | Other Regulations | |
Front Yard (Feet) | Side Yard (Feet) | |||
Architectural Features | 4 | 3 | 3 | Minimum distance from side lot line shall be increased 2 inches for each foot the feature exceeds 10 feet in width |
Entrance Features | 8 | 3 | 2 | |
Outside Stairs | None | 4 | 4 | Approval by Commission required |
Enclosed Shelters | 5 | None | None | Maximum distance from side yard shall be decreased 6 inches for each foot the shelter exceeds 10 feet in width |
Unenclosed Shelters | 8 | 3 | 3 | Minimum distance from side yard shall be increased 2 inches for each foot the shelter exceeds 10 feet in width |
Solid Shading Device | 4 | 3 | 1 | Minimum distance from side lot line shall be increased 2 inches for each foot the feature exceeds 10 feet in width |
Open Shading Device | 12 | 10 | 1 | |
Carports or other similar structures, or parts thereof, shall not project into a yard.
(Ord. 1961-103. Passed 12-29-61.)
1309.70 SUPPLEMENTARY HEIGHT REGULATIONS.
Main or accessory buildings shall be erected, altered, moved or maintained in accordance with the maximum height of building as established in Section 1309.32, except that the following structures may be permitted above the aforesaid limitations:
(a) Institutional Buildings. Schools, churches, hospitals and other institutional buildings may be erected to a height not exceeding fifty feet; except chimneys, church spires, cupolas, domes, towers, flag poles, monuments, penthouses, water tanks, radio or television antennae, another permitted mechanical appurtenance located upon or constructed as an integral part of an institutional building may exceed the above height limitation, provided the height of such feature does not exceed the horizontal distance from the base of such feature to the nearest lot line.
(b) Residential Buildings. Only chimneys, radio or television antennae, located upon and constituted as an integral part of a main residential building, may be erected above the height limit specified, but are limited to a height not exceeding sixty feet above the finished grade. (Ord. 1961-103. Passed 12-29-61.)
1309.80 DWELLING UNIT AREA REQUIREMENTS.
In order to provide healthful living conditions and to preserve the character of the neighborhood, dwellings shall be erected, altered, moved, maintained or used only in accordance with the following dwelling area regulations:
(a) The area of a dwelling unit shall be the sum of the gross floor areas above the basement level, including those rooms and closets having a minimum ceiling height of seven feet and having the natural light and ventilation as required by the Building Code. Rooms above the first floor may be included which are rooms having a minimum knee wall height of four feet if two thirds of the room area has a minimum ceiling height of seven feet. The area shall be measured from the interior face of the exterior walls at the first floor line and the interior face of the walls of those rooms which may be included under a pitched roof for a one-family dwelling, and measured from such interior face of exterior walls and center line of party walls, where applicable, for two-family or multi-family dwellings. The following areas shall be excluded: garages and porches for all dwellings; utility and general storage rooms in basementless dwellings, and public halls, utility and storage rooms in multi-family dwellings.
(Ord. 1961-103. Passed 12-29-61.)
(Ord. 1961-103. Passed 12-29-61.)
(b) The minimum area of a dwelling unit shall not be less than indicated in the following schedule:
Minimum Area Per Dwelling Unit | |||
District R1-100 R1-75 R1-60 R1-50 R2F | Dwelling Type 1-Family 1-Family 1-Family 1-Family 1-Family 2-Family | One Story Building (Sq.Ft.) 1600 1200 1000 900 900 900 | More Than One-Story Building (Sq. Ft.) 2000 1600 1200 1100 1100 1100 |
RMF | 1-Family 2-Family Multi-Family | 900 900 600 750 900 | 1100 1100 No bedroom unit 1-bedroom unit 2-bedroom unit |
In an RMF District not less than seventy-five percent of all units in a development shall have at least one bedroom and not less than fifty percent of all units hall have two bedrooms.
(Ord. 1955-66. Passed 10-25-65.)
(c) General Storage Area. In addition to the minimum area requirements, there shall be at least one hundred square feet of general storage space, or spaces, exclusive of clothes closets, provided for each one-family dwelling. Such space shall have an average ceiling height of not less than five feet and shall be located on the ground floor or located in the basement of the dwelling. Furthermore, if the enclosed garage space is less than 280 square feet in area, at least eight square feet of the general storage area shall be located on the ground floor.
At least fifty square feet of general storage space, having an average height of at least six feet, shall be provided for each dwelling unit of a two-family and multi-family building.
(Ord. 1961-103. Passed 12-29-61.)
1313.10 Intent.
1313.20 Use regulations.
1313.21 Permitted buildings and uses in General Business District.
1313.30 Lot, area and width requirements for specific conditional uses.
1313.40 Lot coverage by buildings.
1313.50 Yard regulations.
1313.60 Height regulations.
1313.70 Site design criteria.
1313.80 Planned Shopping Center.
CROSS REFERENCES
Satellite dish earth stations - see BLDG. Ch. 1167
Required off-street parking spaces - see P. & Z. 1321.21
Nonconforming buildings and uses - see P. & Z. Ch. 1329
Conditional Use Permits - see P. & Z. Ch. 1331
Similar uses - see P. & Z. Ch. 1333
1313.10 INTENT.
The General Business District regulations are established in order to achieve, among other purposes, the following:
(a) To provide sufficient areas for business activities, the exchange of goods and services; and
(b) To provide for buildings in landscaped settings adjacent to residential neighborhoods, of such types as do not create large volumes of traffic; and
(c) To provide the continuation of a mix of traditional uses in close proximity to new and renovated development with coordinated scale and site design along Euclid Avenue; and
(d) To provide General Business Districts which permit the location of businesses serving retail and service needs of the entire community; and
(e) To protect adjacent residential developments by restricting the types of uses, particularly at the common boundaries, which would create hazards, noise, glare, odors or other objectionable influences; and
(f) To protect both residential and business developments from congestion by requiring that access to lots served from State highways follow the general standards for access management stipulated in the Ohio Department of Transportation's "State Highway Access Manual" and by requiring adequate off-street parking and loading facilities; and
(g) To encourage the tendency of business to group in centers and with sufficient depth from the street to satisfy the needs of modern developments to the mutual advantage of customers and merchants; and
(h) To promote the most desirable land uses in accordance with a well-considered plan, to stabilize residential and business developments and to enhance values.
(Ord. 2024-40. Passed 7-8-24.)
1313.20 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part in Business Districts only for the uses provided in the following schedules and regulations. (Ord. 2024-40. Passed 7-8-24.)
1313.21 PERMITTED BUILDINGS AND USES IN GENERAL BUSINESS DISTRICT.
(a) Main Uses.
(1) Office (all office uses).
(2) Personal services such as beauty and barber shops, photographic developing, blue printing, interior decorating.
(3) Mortuaries and funeral homes.
(4) Radio or television broadcasting stations, telephone exchange, sound/podcast studios, studios for dance, art, music, or photography.
(5) Research, development, labs, technological facilities (but not heavy industrial/manufacturing).
(6) Retail - includes the following:
A. Specialty shops including, but not limited to, the sale of gifts, antiques, flowers, books, jewelry, tobacco and related supplies, craft shops making articles.
B. Confectionery, bakery, coffee shop, donut shop, delicatessen, or similar use where articles are produced.
i. Bakeries, personal services and shops for custom work, provided that the articles produced or the services performed on the premises are not sold at retail outlets elsewhere, and that no more than fifty percent of the floor area of the establishment shall be devoted to such work or services
C. The sale of all food, frozen food lockers, State liquor stores;
D. The sale of all general merchandise, department stores;
E. The sale of all hardware, appliances, china, furniture, floor and wall coverings, office equipment, radio and television, provided no loudspeakers broadcast onto the street;
F. The sale of sporting and athletic equipment, bicycles, motorcycles,
G. Amusement and recreational services such as assembly and meeting halls, billiard halls, bowling alleys, dance halls, indoor theaters, skating rinks, game rooms; provided they are conducted within a building sufficiently sound insulated to confine the noise to the premises;
H. Wholesale offices and show rooms, but excluding warehouses;
I. Restaurants, bars and lounges;
J. New car sales agency defined as the selling at retail, displaying, offering for lease, new motor vehicles pursuant to a contract or agreement entered into with the manufacturer of the motor vehicle;
K. Auto repair and maintenance service garages, excluding body shops (for auto repair, include requirements prohibiting keeping damaged or not-working vehicles in visible areas or for 60 days- this should be a retroactive to existing uses);
L. The sale of used motor vehicles permitted in open yards provided:
i. The operation is in connection with a new car sales and within 150 feet thereof (new car sales is defined as the sale of a factory assembled new car that excludes kit cars);
ii. That all vehicles and advertising are located not less than fifteen feet from the front lot line;
iii. That a curb or other attractive barrier is erected on the aforesaid line, and that the front yard is landscaped and maintained attractively.
M. Shops selling used or secondhand clothing and pawn shops provided such use is not within 2,000 linear feet of another second-hand clothing store or pawn shop.
(7) Personal services including but not limited to tailor, barber, beauty salon, shoe repair, dressmaking, dry cleaning, laundry, laundromat, nursery, day care center, pet grooming, or similar services.
(8) Historic Residential - single-family and multi-family uses existing as of the date of enactment of this ordinance are a permitted use and such properties can continue to be used for residential purposes;
A. The structures existing as of the date of this ordinance that are being used for residential purposes as of the date of this ordinance may be repaired, modified, replaced, rebuilt, rehabilitated, expanded, or otherwise modified so long as any such activities do not increase the number of residential units on such property.
B. Conversion of any existing structure, regardless of current use to residential, or the increase in the number of units of an existing residential use, in the General Business District can only be accomplished through the application of the Mixed Use Overlay District.
(9) Dry cleaning and laundering establishments, where non-explosive and nonflammable solvents are used.
(b) Similar Uses. The concept of Similar Uses should be completely eliminated from all areas of the zoning code (all districts).
(c) Conditional Uses.
(1) New hotels/motels.
(2) Existing hotels, motels are permitted to make major renovations or rebuilds.
(3) Bank, savings and loan, mortgage lending and similar financial institution including such institutions with drive-up facilities.
(4) Check cashing and cash advance services is permitted only if such use is not within 2,000 linear feet of another check cashing and/or cash advance service use.
(5) Gasoline Service Station (subject to current standards in zoning code for minimum lot size and access).
(6) Auto wash; provided the waiting line for automobiles, trucks or other motor vehicles is entirely within the premises.
(7) Any restaurant or other permitted use but with a drive-up window or drive through service or "car-hop" service (need to accommodate waiting lines, parking, etc.).
(d) Standards and Criteria for Conditional Uses. The Planning Commission may approve a listed conditional use in the District if the applicant demonstrates with a reasonable degree of certainty that the use will conform to the following standards:
(1) The proposed use is of similar architectural scale to existing development in the district or will use an existing building for its purpose.
(2) The proposed use will share an access driveway and/or parking with an abutting use or is designed to permit such sharing when it becomes available.
(3) The use shall provide adequate off-street loading areas for regular servicing or deliveries of materials, stocks, or supplies.
(4) Minimum visual and functional conflict will be created between the proposed use and nearby uses.
(5) The proposed use shall comply with site design criteria specified at Section 1313.70 of these regulations.
(6) The proposed use shall comply with other Standards for Approving a Conditional Use as specified at Chapter 1331 of these regulations.
(Ord. 2024-40. Passed 7-8-24.)
1313.30 LOT AREA AND WIDTH REQUIREMENTS FOR SPECIFIC CONDITIONAL USES.
Minimum lot area and width requirements in Business Districts are established for the following specific permitted uses.
(a) Each gasoline service station shall have a lot area of not less than 15,000 square feet and a minimum frontage on each of two (2) streets not less than 100 feet.
(b) Each auto wash established shall have a lot area of not less than 25,000 square feet and a minimum frontage on a dedicated street of not less than one hundred (100) feet, and such lot area and auto wash building shall provide sufficient area to contain spaces for twenty five to thirty (25-30) cars entirely within the premises. Each car space as provided herein shall be ten feet by 20 feet.
(c) Each motel and hotel shall have a lot area of not less than 25,000 square feet and a minimum lot width of 150 feet. Not more than one motel unit shall be permitted for each 1,200 square feet of lot area. Each unit shall have a floor area of not less than 320 feet.
(d) The method for determining the size of a motel or hotel room shall be as follows: Rooms that have an exterior wall shall be measured from the exterior face of the exterior wall to the centerline of the interior partition. All other rooms shall be measured from the centerline of interior partition to centerline of interior partition.
(Ord. 2024-40. Passed 7-8-24.)
1313.40 LOT COVERAGE BY BUILDINGS.
The percent of the lot covered by main and accessory buildings is the area of the buildings divided by the area of the lot and shall not exceed the following:
District | Building | Max. Coverage (Percent) |
General Business | Stores, Services and Offices | 40 |
Auto wash | 20 |
(Ord. 2024-40. Passed 7-8-24.)
1313.50 YARD REGULATIONS.
Yards for every main and accessory building in a General Business District shall be provided according to the following schedule and regulations:
Minimum Required Yards | ||||
Adjoining Residential District | ||||
District | Main Use | Front Yard (Feet) | Side Yard (Feet) | Rear Yard (Feet) |
General Business | Offices Stores, services Residential Parking Hotels, Motels | 10 10 10 5 30 | 15 15 20* 8 50 | 20 20 20 8 50 |
* Side yards may be "0" between adjacent residences and townhouses within this district.
(a) Side Yards. Business buildings where adjoining another business building may have no side yard. Side yards may be used for parking, however, the location of parking facilities in rear yards is encouraged. Where located on a lot adjoining a Residential District, the business building shall have a side yard of not less than shown on the preceding schedule. A wall, solid fence or hedge, approximately five and one-half feet, or other perimeter buffer element may be required by the Commission along the side yard line of the business lot.
(b) Rear yards. Main and accessory business buildings shall have a rear yard of not less than shown on the last preceding schedule where adjoining a Residential District, except that a masonry wall of an accessory building (not over seven feet high, without openings or projections) may be located on the rear lot line if approved by the Commission. When a yard is provided, a landscaped mound, wall, solid fence or hedge, minimum of six (6) feet high, may be required by the Commission along such rear yard or lot line of a business establishment adjoining a Residential District. (Ord. 2024-40. Passed 7-8-24.)
1313.60 HEIGHT REGULATIONS.
The height of any main or accessory building shall not exceed four stories or sixty (60) feet to the roof line in a General Business District. Chimneys, church spires, flagpoles, radio towers, water tanks and other permitted mechanical appurtenances located upon or constituted as an integral part of a main building may be erected above the height limit, but are limited to a height not exceeding one hundred feet above the finished grade in a General Business Districts.
(Ord. 2024-40. Passed 7-8-24.)
1313.70 SITE DESIGN CRITERIA.
The following site design criteria shall be complied with for improvements on lots fronting on Euclid Avenue within the General Business Districts:
(a) Guidelines for General Business District.
(1) Where existing buildings are to be renovated, unique or distinguishing elements contributing to the character of the property or character of the area should be preserved as much as practical and incorporated into the renovation.
(2) To present an intimate atmosphere, new buildings should be compatible in size, scale, and mass with existing buildings in the District.
(3) Orientation of new structures should reflect the predominantly vertical orientation of existing structures in the District (lines and structural elements emphasizing height as opposed to width of the structure).
(4) Off-street parking facilities should be placed in a rear or side yard and be provided with appropriate perimeter buffer screening and landscaping as required by Chapter 1321.
(5) Roof mounted mechanical units should be screened from the street and painted to match the color of the building.
(6) Setbacks may be varied with approval from Planning Commission to respect the setbacks of existing adjacent buildings. Zero side yard setback minimum.
(7) Minimum ten feet (10') front yard setback from right-of-way.
A. Incompatible building mass / horizontal fenestration orientation
B. Compatible building mass and orientation
C. Incompatible building mass / horizontal fenestration orientation
SETBACKS RESPECTING ADJACENT PROPERTIES
A. Incompatible building setback
B. Compatible building setback
GENERAL BUSINESS ACCEPTABLE PARKING AREA DESIGN
(Ord. 2024-40. Passed 7-8-24.)
1313.80 PLANNED SHOPPING CENTER.
If a shopping center is planned with at least three (3) acres in area and developed as a unit, greater flexibility in the types of uses, yard requirements, off-street parking and other regulations may be permitted, provided:
(a) The area to be developed shall be in one ownership or under unified control; and
(b) A preliminary development plan showing a unified and well-organized arrangement of buildings, service facilities, parking areas and landscaping, and showing of driveways and streets planned so as to direct the least possible traffic onto local streets and to cause the least possible congestion on major secondary streets, shall be submitted to the Commission who may hold a public hearing thereon; and
(c) If approved, a final development plan shall be prepared and submitted for approval of the Commission before a building permit may be issued.
(Ord. 2024-40. Passed 7-8-24.)
1313.90 EUCLID AVENUE OVERLAY ZONING REGULATIONS.
The following regulations shall apply to the properties zoned General Business District located along properties fronting onto Euclid Avenue in the City of Wickliffe having the following limits:
(a) North Side of Euclid Avenue.
(1) Between the centerline of East 289th Street and the property line located 869.25 feet west of the centerline of Worden Road;
(2) Between the property line located 374.06 feet east of the centerline of Worden Road and the City of Wickliffe eastern corporation limit.
(b) South Side of Euclid Avenue.
(1) Between the centerline of Ashmere Street and the centerline of Mt. Carmel Drive;
(2) Between the property line located 551.13 feet east of the centerline of Mt. Carmel Drive and the property line located 215.82 feet east of the centerline of Empire Road.
(c) The distance from the front right-of-way line to the rear of the Euclid Avenue overlay zoning district shall have a maximum depth of 250 feet.
Within the Euclid Avenue overlay zoning area defined herein, buildings and improvements shall follow the regulations and standards of this Section 1313.90 including the design guidelines established for the area unless otherwise approved by The Planning Commission and City Council.
(a) Definition of Overlay. The Euclid Avenue Mixed Use Overlay District (EAOD) is designed as a special zone of community and commercial importance. The EAOD qualifies for flexible mixed use including certain residential uses when combined with business uses as defined in this section (1313.90) and main uses as defined in section 1313.21 (General Business Uses). The purpose of the EAOD is to encourage both new development and redevelopment within the defined area in a harmonious, attractive, and commercially viable manner.
(b) Permitted and Prohibited Uses. Properties on both sides of Euclid Avenue (Ohio State Route 20) within the defined range up to 250 feet back from the Euclid Avenue right of way. EAOD will not permit construction of new single-family homes, town houses, or stand-alone multi-family buildings (multi-family buildings will only be permitted as part of a mixed-use building - see below). All ground floor uses in EAOD are for business uses only and residential use is prohibited except for lobbies and mailboxes. Any new mixed-use building must include a ground floor business use. Maximum building height shall be 60 feet to the roof line, with a 4th floor option requiring approval during the preliminary development plan approval process. Such approval must be based upon consideration of the following factors:
(1) Adverse impact light, views and value of properties in the vicinity of the proposed project;
(2) Creation of any risks to the health, safety, or welfare of the community especially access for fire department apparatus and EMS;
(3) Whether the height is appropriate based on the size and architecture of the other properties in the vicinity.
Residential uses are permitted on Floors 2-4 only. Any residential units will have their access hallways and facilities separated from any commercial use. Residential uses will have a mix of units as follows:
(1) No more than 10% studio apartments;
(2) Studio apartments will be less than 600 square feet;
(3) One-bedroom units will be not less than 800 square feet;
(4) Maximum 80% one-bedroom units;
(5) A minimum of 20% will be 2-bedroom units;
(6) No apartment units with more than 2 bedrooms.
Outdoor restaurant dining areas on Euclid Avenue will be permitted, however, outdoor dining areas are not permitted where it would be located adjacent to existing residential districts.
(c) Parking Standards. Parking standards in EAOD shall comply with the parking ordinances in effect for General Business districts unless alternate parking is expressly shown on the preliminary development plan approved by Planning Commission and City Council. Mixed uses that include residential use shall company with Section 1321.41. Residential parking spaces shall be clearly marked as such. Further requirements are as follows:
(1) Parking is to be located in the rear of the building. Garages will have entrances in the side or rear of the building. Parking garages cannot occupy the portion of the building fronting on Euclid Avenue;
(d) EAOD Application Process. All developments that are submitted for EAOD approval will be subject to the following application procedures:
(1) A conceptual plan can be submitted to the Planning Commission for information and guidance.
(2) The development plan shall be submitted to the Planning Commission for approval.
(3) As part of the submission of the development plan, the owner shall submit detailed architectural concepts of the project that are consistent with the general Architectural Review Board Standards established by the City Ordinances.
(4) The Planning Commission recommended development plan is submitted to Wickliffe City Council for approval.
(5) Once approved by Wickliffe City Council, the final development plan requires approval by the City Engineer, Building Commissioner, and Fire Department.
(e) All other regulations that apply to General Business District shall apply to building and overlay uses in the Euclid Avenue area. The Planning Commission shall have the authority to modify the requirements of Sections 1313.40 and 1313.50 should the presentation of a multi-parcel/unified development plan be in the best interest of the City.
(Ord. 2024-40. Passed 7-8-24.)
1314.10 PURPOSE.
In the enactment, execution and enforcement of this chapter, it is recognized that there are certain uses which, due to the nature of their operation, are recognized as having seriously objectionable operational characteristics, particularly when several of such uses are concentrated in close proximity to each other thereby having a detrimental effect upon the surrounding area. The purpose of these regulations is to promote the health, safety and welfare of the citizens of the City of Wickliffe and preserve property values by minimizing and controlling the negative secondary effects of adult entertainment businesses. It is not the purpose of this chapter to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of adult entertainment to their intended market. Further, it is not the intent or effect of this Chapter to condone or legitimize the distribution, or exhibition of adult entertainment as defined herein. (Ord. 2003-34. Passed 6-23-03.)
1314.20 FINDINGS.
Based on evidence concerning the adverse secondary effects of adult entertainment business on the community presented in open meetings before the City of Wickliffe Planning Commission and City Council, and studies of the Brookpark Road corridor conducted by the City of Brookpark, Ohio; findings incorporated in the case of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); and on studies in other states including Indiana, Minnesota, and New York; and “The Report to The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses,” it is found that adult entertainment businesses, as defined herein, have a negative secondary impact on the health, safety and welfare of the community.
The regulation of these uses is necessary to insure that the detrimental effects will not contribute to the blighting, downgrading or other diminution of property values of the surrounding neighborhood. The primary purpose of these regulations is to prevent a concentration of these uses in any one area. Uses subject to these controls are:
(a) Adult book store;
(b) Adult motion picture theater;
(c) Adult peep show;
(d) Massage establishment; and
(e) Adult only entertainment establishments.
(Ord. 2003-34. Passed 6-23-03.)
1314.30 DEFINITIONS.
As used in this chapter, certain words and terms are defined as follows:
(a) "Adult book store" means an establishment having as a substantial or significant portion if its stock in trade, books, magazines and other periodicals or motion picture films, video tapes or sound recordings which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities or specified anatomical areas", (as defined below) or an establishment with a segment or section devoted to the sale or display of such material.
(b) “Adult motion picture theater” means an establishment wherein motion pictures are shown which present material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", (as defined below) for observation by patrons therein.
(c) "Adult peep show" means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", (as defined below), for observations by patrons therein by means of coin operated or manual operated viewing devices.
(d) "Adult only entertainment establishment" means a nightclub, bar, restaurant, or similar establishment which features:
(1) Person(s) who appear in a state of nudity or semi-nudity; or,
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or,
(3) Films, motion pictures, video cassettes, slides, or other photographic or motion picture reproduction which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(e) “Massage establishment” means an establishment or operation within the meaning of Ohio R.C. 4731.15 and 715.61.
(f) Specified Sexual Activities and Specified Anatomical Areas.
(1) "Specified sexual activities" means:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy; bondage, sadomasochism or bestiality;
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2) "Specified anatomical areas" means:
A. Less than completely and opaquely covered:
1. Human genitals or pubic region;
2. Buttock; and
3. Female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(g) "Establishment" means and includes any of the following:
(1) The opening or commencement of any adult entertainment business as a new business enterprise;
(2) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business;
(3) The addition of any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation any adult entertainment business.
(Ord. 2003-34. Passed 6-23-03.)
1314.40 LOCATION REGULATIONS.
(a) The boundaries of the site of the proposed location is within 1,000 feet of a residentially zoned district; or
(b) The boundary of the site of the proposed location is within 1,000 feet of a church or elementary, intermediate or high school, or college, junior college or university.
(c) There is already in existence, one or more regulated uses within 1,000 feet of the boundaries of the site of the proposed regulated use.
(Ord. 1989-23. Passed 5-8-89.)
1314.50 WAIVER PROVISIONS.
Application to establish any of the above-regulated uses shall be forwarded immediately by the Building Commissioner to the Planning Commission.
(a) The Planning Commission may waive the 1,000 feet separation regulation if the following findings are made:
(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
(2) That the proposed use will not enlarge or encourage the development of a "skid row" area.
(3) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation and will not interfere with any program of urban renewal.
(b) Prior to granting such regulated use, the Planning Commission shall give due notice of receipt of any application under consideration (notice of application) to all persons to whom any real property within 1,000 feet of the premises in question shall be assessed, and to the occupants of all single; two (2); three (3); and four (4) family buildings and to the managers of all multi-unit buildings over four (4) families (who shall be requested to post such notice in an appropriate location within the multi-unit building) and to all places within 1,000 feet, and to any neighborhood improvement in writing of their existence. Such notice shall be delivered personally or by mail addressed to the respective owners and if the tenant's name is not known, the term "Occupant" may be used.
(c) The notice of application shall inform the recipient of the applicant's name, the applicant's proposal, the local address and the lot number and subdivision name of the premises in question, and the section of the Zoning Ordinance under which the proposal is being processed. Such notice shall also invite the expression of comments, statements or opinions either in writing, in person or via telephone with a time period expiring not less than fourteen days from the mailing date of such notice.
(d) Subsequent to the deadline for response to the notice of application, a decision shall be made by the Planning Commission, taking into consideration the comments, statements and opinions expressed, to either approve, approve with conditions or deny the proposal in accordance with the standards set forth in this section. If no protests to the proposal were received by the Planning Commission response to the notice of application having been mailed and if the applicant accepts the decision of the Planning Commission this decision shall be deemed final and shall take immediate effect. If, however, a protest was received by the Planning Commission in response to the notice of application having been mailed, this decision shall not take effect until the expiration of the appeal period set forth below.
(e) A copy of the decision of the Planning Commission shall be mailed to the applicant and to all persons responding to the notice of application. Any person aggrieved by the decision by the Planning Commission may within fourteen calendar days after the mailing of such decision, appeal same to the Board of Zoning Appeals in accordance with the procedural regulations set forth in Chapter 1335. If an appeal is filed by other than the applicant the Planning Commission shall inform the applicant that an appeal has been filed and that the Commission's decision will not take effect pending a public hearing and decision by the Board of Zoning Appeals.
(f) The Board may waive the locational requirements upon appeal, of any of the regulated uses if the findings required in subsection (b) hereof can be made and after receiving a report and recommendation from the Planning Commission.
(g) In approving a permit for any regulated use the Planning Commission or the Board of Zoning Appeals may impose any such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated use as may in its judgment be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that the condition stipulated in connection wherewith will be fulfilled.
(h) When the decision of the Planning Commission becomes effective, whether because no protests to the proposal were received by the Commission in response to the notice of applications or because no appeal was taken to the Board of Zoning Appeal within the allotted fourteen (14) calendar days, the Commission shall immediately notify the Building Commissioner in writing indicating the Commission's approval, approval with conditions, in which case the conditions shall be set out in detail, or denial. If the decision of the Commission approves or approves with conditions, the requested waiver, the Building Commissioner shall, if all other applicable Building Code and Zoning Ordinance regulations have been compiled with, issue an occupancy permit subject to any conditions imposed by the Planning Commission.
(Ord. 2003-34. Passed 6-23-03.)
1315.10 INTENT.
Commercial-Manufacturing and Industrial Districts and their regulations are established in order to achieve, among others, the following purposes:
(a) To provide, in appropriate and convenient districts, sufficient areas for services, distribution and manufacture activities to achieve a strong and diverse economic base; and
(b) To provide locations for uses which are dependent upon significant truck traffic and rail service for the transportation of goods used in their operations.
(c) To provide Commercial-Manufacturing Districts for laboratories, wholesale business, services, storage and limited manufacturing; and
(d) To provide Industrial Districts for manufacturing and other services; and
(e) To prohibit dwellings of all types in Commercial-Manufacturing and Industrial Districts, thus protecting such areas from encroachment of residences, and at the same time preventing location of residences in areas of potential land use and environment conflicts; and
(f) To protect adjacent Resident Districts from objectionable influences inherent in industrial processes; and
(g) To regulate land development for Commercial-Manufacturing and Industrial uses in a manner that results in minimum disturbance to the natural environment, minimal degradation of air and water quality, and minimal impacts on the visual quality of the City, and
(h) To promote the most desirable use of land in accordance with a well-considered plan.
(Ord. 2003-34. Passed 6-23-03.)
1315.20 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Commercial-Manufacturing and Industrial Districts only for the uses provided in the following schedules and regulations.
(Ord. 1961-103. Passed 12-29-61.)
1315.21 PERMITTED BUILDINGS AND USES IN COMMERCIAL MANUFACTURING DISTRICT.
(a) Main Uses.
(1) Office uses: As permitted in Office Building District.
(2) Laboratories: research, experimental and testing.
(3) Wholesale business, services and storage establishments, such as:
A. Cleaning establishments: laundries, dyeing, carpet cleaning, dry cleaning and auto wash (provided the waiting line is entirely with the premises);
B. Food and drink preparation: bakeries, creameries, ice manufacturing, soft drink bottling;
C. Medical clinics;
D. All types of printing and publishing establishments;
E. Other shops: Contractors, plumbing, heating, painting, ornamental iron, upholstering, monument works, welding;
F. Warehouses: storage and wholesale establishments, but excluding truck terminals;
G. Storage of lumber and other rebuilding materials within enclosed buildings;
I. Truck sales;
J. Automobile and truck services and repair of all kinds, with the following exceptions:
i. No gasoline service stations shall be permitted.
ii. No person shall stand or park a semi-truck, commercial tractor, trailer, or semitrailer or any portion of a semi-truck, commercial tractor, trailer or semitrailer in a parking lot at any time except for the minimum period required in the usual course of business for making delivery of, loading and/or unloading merchandise for delivery, unless such parking is an accessory use customarily incident to a permitted main use.
(4) Product assembly and light manufacturing including the following:
A. Chemicals: blending and packaging only.
B. Food products: pasteurizing and extracting processes, bakery, bottling of soft drinks, cold storage and distribution;
C. Assembly: electrical products and machinery; plastic and metal extrusion and assembly, assembly of wood products, furniture, etc.;
D. Manufacturing of wood products: furniture, boxes crates, etc.;
(b) Similar Uses. Any other use not listed above or in any use classification of a subsequent district and determined as similar by the Commission if it conforms to the basic characteristics of the use classification; that such use does not create dangers to health and safety, and does not create offensive noise, vibration, smoke, odors, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in this use district; and that such use does not generate a greater amount of traffic than the uses permitted in this district.
(c) Accessory Buildings and Uses.
(1) Any accessory use customarily incident to a permitted main use.
(2) Off-street parking and loading as required and as provided in Chapter 1321 of this Zoning Ordinance.
(Ord. 2025-49. Passed 11-10-25.)
1315.22 PERMITTED BUILDINGS AND USES IN INDUSTRIAL DISTRICT.
(a) Main Uses.
(1) Uses permitted in a Commercial-Manufacturing District.
(2) Yards for storage of coal, lumber and other building materials.
(3) Manufacturing processes limited to cutting, grinding, assembling, extrusion, finishing, polishing and incidental stamping and welding limited to the following:
A. Parts and supplies for aircraft and automobiles and trucks;
B. Building materials, fabrications of parts, cement products;
C. Ceramics and porcelain products;
D. Heating and plumbing equipment;
E. Electrical equipment
(4) Metal finishing, treatment and processes: cleaning, grinding, rust proofing, heat treatment, enameling, japanning, galvanizing, plating, polishing, etc.
(5) Chemical processing.
(6) Repair establishments: automobile motors, body and paint, tires, electrical and household appliances
(7) Other uses as follows:
A. Railroad freight station;
B. Distribution station for gasoline and oil.
C. Parking for a semi-truck, commercial tractor, trailer or semitrailer or any portion of a semi-truck, commercial tractor, trailer or semitrailer.
(b) Accessory Building and Uses.
(1) Any accessory use customarily incident to a permitted use.
(2) Off-street parking and loading as required and as provided in Chapter 1321 of this Zoning Ordinance.
(Ord. 2025-49. Passed 11-10-22.)
1315.30 LOT AREA AND WIDTH REQUIREMENTS.
(a) In a Commercial-Manufacturing District each lot shall be not less than 20,000 square feet in area and shall be not less than one hundred feet in width at the building line.
(b) In an Industrial District each lot shall be not less than one acre in area and shall be not less than 200 feet in width at the building line.
(Ord. 2003-34. Passed 6-23-03.)
1315.40 LOT COVERAGE.
(a) The percentage of a lot covered by main and accessory buildings shall not exceed fifty percent (50%) in commercial-manufacturing and industrial districts.
(b) The percentage of gross lot area covered by impervious surfaces shall not exceed eighty percent (80%) in commercial-manufacturing and industrial districts.
(Ord. 2003-34. Passed 6-23-03.)
1315.50 YARD REGULATIONS.
(a) For every main and accessory building in Commercial-Manufacturing and Industrial Districts and unless otherwise indicated on the Zone Map, minimum yards shall be provided according to the following schedule and regulations:
District | Building or Use | Minimum Required Yard | |||||
Front Yards | Side Yard Each | Rear Yard | |||||
Euclid Avenue | Other Streets | Adjacent to: | Adjacent to: | ||||
Res. Dist. | All Other Dist. | Res. Dist. | All Other Dist. | ||||
Commercial Manufacturing | Off-street parking and loading Office, laboratories Other permitted uses | 80 80 80 | 10 50 50 | 10 10 75 | 0 10 10 | 10 50 50 | 10 10 10 |
Industrial | Off-street parking and loading Office, laboratories Other permitted uses | 80 80 200 | 10 50 50 | 10 75 75 | 0 10 10 | 10 50 50 | 10 10 10 |
(1) The commission may require a wall, solid fence or hedge, approximately five and one-half feet high along the side or rear lot line adjoining a Residential District.
(2) Where a permitted building adjoins another in a Commercial-Manufacturing District, or an Industrial District, there shall either be no side yard between such buildings or the buildings shall be separated so as the side yards shall be zero to twenty feet as may be determined by the Planning Commission. Such determination shall be made after a study and consideration of uses and building allocated on the adjoining parcel.
(3) All required yards shall be graded, kept open and shall be appropriately landscaped with ground cover and/or shrubs, and maintained.
(Ord. 2003-34. Passed 6-23-03.)
1315.60 HEIGHT REGULATIONS.
The height of any main or accessory building in Commercial-Manufacturing and Industrial Districts shall not exceed ninety feet except that chimneys, flagpoles, towers, water tanks and other mechanical appurtenances may be built to a height not exceeding 125 feet above the finished grade when erected upon or as an integral part of a building; provided, however, such height shall be not more than one-half the horizontal distance from such structure to any Residential District line.
(Ord. 1987-40. Passed 8-24-87.)
(Ord. 1987-40. Passed 8-24-87.)
1315.70 PERFORMANCE STANDARDS.
Main and accessory buildings and uses permitted in Commercial-Manufacturing and Industrial Districts shall conform to the following performance standards as a condition precedent to their occupancies and use;
(a) All service and manufacturing operations shall be conducted wholly within enclosed structures and all raw materials, fuel, machinery and equipment, including trucks, used in the operation shall be enclosed within a structure or screened by a substantially solid wall or fence of such nature and height as to conceal all operations and materials therein from the view of any observer standing the grade level at the present Residential District line or public street; and
(b) Storage, handling and use of flammable liquids, lumber and other materials shall comply with Chapter 1501 of the Codified Ordinances and shall be accessible to fire-fighting equipment; and
(c) Solid waste resulting from all aforesaid operations shall be disposed of, stored in buildings, or enclosed within a wall or fence. Such disposal, storage or enclosure shall comply with all applicable State and Federal laws and regulations. Solid wastes shall not be buried unless such method is approved by the Ohio EPA and a Permit to Install (PTI) has been issued. An environmental audit may be required by Planning Commission if the proposed improvements disturb land areas which may have been previously contaminated by on-site or liquid wastes; and,
(d) Liquid wastes or sewerage shall not be discharged into a reservoir, stream or other open body of water or into a storm or sanitary sewer unless treated or controlled so that the amount of solid substances, chemicals and pollutants shall not exceed the amount permitted by other codes of the State, County or City; and,
(e) Noxious, toxic or corrosive fumes or gases shall not be emitted which shall be injurious to the property, vegetation or health of the people residing in any adjacent Residential District; and
(f) Odorous gases or other odors matter and dust or other air borne material shall not be omitted in such quantities as to be offensive at the adjacent Residential District line; and
(g) Smokeless fuel shall be used for heating or other purposes; and
(h) Glare or heat from any process shall not be visible at the nearest Residential District; exterior lighting shall not produce a glare on public highways or adjacent Residential Districts; and
(i) Vibrations shall not be discernible to the human sense of feeling, except for not more than two minutes per hour from 7:00 a.m. to 7:00 p.m. at the nearest Residential District; and
(j) Noise shall be muffled so as to not become objectionable due to intermittence, beat frequency or shrillness, and may equal but not exceed the average intensity of street traffic noise at the nearest Residential District line.
(k) Radioactive or electrical disturbances. Radioactive or electrical disturbances shall not adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.
(l) Compliance with Federal and State environmental regulations. For any addition, alteration, or new construction where a zoning or building permit is required, the applicant may be asked to provide documentation that the existing facility and processes are in compliance with appropriate Federal and State Environmental Regulations prior to permit approval. Among those regulations for which documentation of compliance may be required include the following:
• Resource Conservation and Recovery Act (RCRA).
• Clean Water Act
• Clean Air Act
• Underground Storage Tanks (UST’s)
• Toxic Substances Control Act (TOSCA)
• Community Right to Know Act
(Ord. 2003-34. Passed 6-23-03.)