Wickliffe City Zoning Code
TITLE FIVE
General Regulations
1321.10 INTENT.
Off-street parking and loading requirements and regulations are established in order to achieve, among others, the following purposes:
(a) To relieve congestion on streets so that they can be utilized more fully for movement of traffic; and,
(b) To promote the safety and convenience of employees, guests and shoppers by locating parking areas so as to lessen car movements in areas of congestion; and,
(c) To promote the general convenience, welfare and prosperity of institutional, residential, retail business, recreational, commercial-manufacturing and industrial developments, which depend upon off-street parking and off-street loading facilities.
(Ord. 1961-103. Passed 12-29-61.)
1321.20 DETERMINATION OF NEED FOR OFF-STREET PARKING.
Accessory off-street parking facilities, including access driveways, shall be determined in conformance with the Schedule of Section 1321.31 for the various institutional, residential, retail business, recreational and industrial buildings and uses, and provided in conformance with the other provisions of this chapter as a condition precedent to the occupancy of such building or use. Facilities shall be provided for the entire building or use:
(a) Whenever a building is constructed or a new use established;
(b) Whenever the use of an existing building is changed to a use requiring more parking facilities;
(c) Whenever an existing building is altered and there is an increase in the number of dwelling units, seating capacity or floor areas of the building.
(Ord. 1961-103. Passed 12-29-61.)
1321.21 CONTINUATION OF PARKING FACILITIES.
All off-street parking facilities, or those required as accessory to a use of a proposed or altered building, shall continue unobstructed in operation, shall not be used for automobile service or repair and shall not be reduced below the required size as long as the main use remains, unless an equivalent number of spaces is provided for such use in another approved location.
In order to insure the continued use for automobile parking purposes of any areas established in compliance with these regulations, the Commission may require evidence in writing that the owner or owners of the land to be included in such automobile parking areas have agreed by covenant to continue the use of such land for off-street parking accessory to the residential, institutional, business or industrial use for which such parking areas are required, and such covenant shall be filed among the records of Lake County.
(Ord. 1961-103. Passed 12-29-61.)
(Ord. 1961-103. Passed 12-29-61.)
1321.30 STANDARDS AND DEFINITIONS.
For the purpose of determining accessory off-street parking requirements, definitions and standards shall be as follows:
(a) "Accessory parking space" means an open or enclosed area accessible from a street for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building or use. Except for one and two-family dwellings, each space shall be not less than nine feet wide and 180 square feet in area exclusive of all drives, curbs and turning space. The number of spaces shall be determined from an accurate plan of the area.
(b) "Gross floor area" means the area of all floors measured from the exterior faces of the building.
(c) "Functional floor area" means the total area of all floors devoted to owner or tenant occupancy less the building floor area devoted to non-public uses such as storage rooms, mechanic rooms, rest rooms, display areas, and maintenance closets.
(d) "Seat" means the number of seating units installed or indicated, or each twenty-four linear inches of benches, pews or space for loose chairs or similar seating facilities; spacing of rows shall be thirty inches on center.
(e) "Employees" means the maximum number of employees on any two successive shifts.
(f) "Required minimum parking spaces" means that where the computation results in a fractional unit, one additional off-street parking space shall be provided.
Driveways, parking area pavement, curbs and bumper guards shall be constructed in accord with standards established by the City Engineer.
(Ord. 2003-34. Passed 6-23-03.)
1321.31 SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.
Building or Use | District Institutional | Parking Space Required |
1. Civic: art gallery, library, museum places for public assembly | 1 space per each employee plus 1 space for each 4 seats in assembly rooms | |
2. Educational: primary and secondary schools, private and public | 1 space for each employee plus 1 space for each 4 seats in assembly rooms | |
3. Governmental: municipal, township, county and state buildings used for administrative functions | 1 space for each 250 square feet of office floor area plus 1 space for each 4 seats in assembly rooms | |
4. Religious: churches, temples | 1 space for each 4 seats in principal assembly rooms | |
5. Welfare: public and private, general and special hospitals, health centers, home for aging | 1 space per 2 beds 1 space per 150 sq. ft. floor area 1 space per each 3 guest rooms or apartment units, plus 1 space for each employee | |
Residential | ||
6. One and two-family dwellings | 1 enclosed space per dwelling unit | |
7. Rooming, rented rooms | 1 space per rental unit plus 1 space for dwelling unit of resident family manager. | |
8. Row houses or apartments | 2 spaces per dwelling unit of which 1 space per unit shall be enclosed | |
Office Building | ||
9. Medical and dental offices | 5 spaces per doctor and/or dentist | |
10. Other offices | 1 space per 200 sq. ft. of functional floor area; 1 space per 250 sq. ft. of functional floor area of upper floors | |
(Ord. 2003-34. Passed 6-23-03.) | ||
11. Motels, hotels | One space per guest room or unit plus one space per each two employees. For each guest room or unit that is designated as a stay exceeding a 30-day stay, one-half parking space must be added to the one space per guest room or unit. (For example, for every two guest rooms or units designated as exceeding 30 days, one additional parking space must be provided.) | |
(Ord. 2014-23. Passed 6-9-14.) | ||
12. Mortuary | 1 space per 30 sq. ft. of assembly rooms, or 1 space for each 4 seats, whichever requires the greater number, but in no case less than 20 spaces | |
Retail/Business | ||
13. Retail stores, banks, service establishments | 1 space per 200 sq. ft. of functional floor area plus 1 space per 250 sq. ft. of functional floor area on upper floors | |
14. Eating places, bars, taverns | 1 space per 50 sq. ft. of functional floor area, or 1 space per 2 seats, whichever requires the greater number of spaces | |
15. Club, lodge or other assembly hall | 1 space per 4 seats in building | |
16. Indoor theater, lodge hall, auditorium, arena, stadium, and other places of assembly | 1 space per 4 seats in building | |
17. Dance hall, skating rink, swimming pool | 1 space per 50 sq. ft. of area used for dancing, skating or swimming | |
18. Bowling alley | 6 spaces per bowling lane | |
19. Tennis club, indoor racquet courts | 2 spaces per court plus one for each 200 sq. ft. clubhouse floor area over 1,000 sq. ft. | |
20. Child Daycare | 1 space per employee on the largest shift plus a paved, unobstructed pick-up area with adequate stacking area as determined by the Planning Commission. | |
21. Gas station (self-service) | 1 space for each employee plus one parking space for each 50 sq. ft. of functional floor area devoted to cashier, office area and retail sales. | |
22. Automotive service and repair | 1 space per employee on the largest shift, plus two spaces for each service bay. | |
23. Automobile sales (new and used) | 2 spaces per each employee. | |
24. Car wash | 1 space for each 2 employees plus 10 stacking spaces per wash unit. | |
25. Furniture store | 1 space per 1,000 sq. ft. of gross floor area. | |
Industrial | ||
26. Executive offices, sales offices | 1 space per 200 sq. ft. floor area | |
27. Services and storage establishments, Laboratories, manufacturing plants, and other uses permitted in a Limited Industrial District | 1 space per 2 employees on the two largest successive shifts | |
Other Buildings and Uses | ||
28. For a specific building or use not scheduled above, the Commission shall apply the unit of measurement of the above schedule deemed to be most similar to the proposed building or use. | ||
(Ord. 2003-34. Passed 6-23-03.) | ||
1321.40 MODIFICATION OF SCHEDULE.
An existing building or use which does not conform to parking requirements as set forth in Section 1321.31 and where land is not available on the same lot or adjoining lot, the Commission may modify the location of parking facilities to permit such facilities within 400 feet walking distance of the building or use.
(Ord. 1961-103. Passed 12-29-61.)
1321.41 SEPARATE OR COMBINED USE OF FACILITIES.
(a) A building, or group of buildings, containing two or more uses, operating normally during the same hours, and which have different off-street parking requirements shall provide spaces for not less than the sum of the spaces required for each use. Combined use of parking facilities may be permitted where uses adjacent to Institutions, as set forth in the Schedule of Section 1321.31, may assume that up to, but not more than, fifty percent of their requirements may be shared in adjacent Institutional parking areas which normally have different hours of operation. However, where there is such a sharing of facilities by different uses and owners, there shall be a contract covering a period of time as may be required by the Commission, provided that should any of the uses be changed or the facilities discontinued, then the required spaces for the use remaining shall be provided elsewhere as a condition precedent to the continued use of such building or buildings.
(Ord. 2003-34. Passed 6-23-03.)
1321.42 COORDINATED PARKING PLANS.
Planning Commission may waive side yard setback requirements where adjacent uses provide a coordinated parking plan which addresses shared access and parking lot landscaping and, in the opinion of the Law Director, is supported by appropriate access and cross easements.
(Ord. 2003-34. Passed 6-23-03.)
1321.43 PARKING LOT LANDSCAPING AND PERIMETER BUFFERING.
(a) Intent. In order to mitigate visual impacts on adjacent uses, particularly residential uses, and to protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, any change in use; or any new, or substantially expanded use; shall provide parking lot landscaping and perimeter buffering in compliance with the requirements of this Section.
(b) Applicability. For the purposes of this Section, substantial expansion in use shall be defined as an increase of more than twenty percent (20%) in gross floor area or the addition of the equivalent of more than ten percent of the existing off-street parking spaces designated for the use.
(c) Standards. Parking lot landscaping and perimeter buffering for any outdoor parking areas shall be provided in accordance with Section 1321.43(f), and (g). Planning Commission may require additional landscaping and buffering or authorize variances from these requirements after consideration of site conditions, setbacks, line of sight, noise, nuisance or site aesthetics.
(1) Responsibility for installation shall be with the person in control of developing the project whether as owner, lessee, tenant, or otherwise (hereinafter referred to as "Owner".
(2) Locations. Perimeter buffering and landscaping shall be provided between the vehicle use area and the public right-of-way; between vehicular use areas and private street easements; in side and rear yards between non- residential and residential uses; and, in side and rear yards between multi- family uses and single family uses. Interior landscaping for vehicular use areas shall be provided in all parking areas.
(3) Unless specifically approved by Planning Commission, no structure shall be permitted in a required landscape area other than a wall, fence, or earth berm.
(d) Requirements for Submission. When required by these regulations, a “Parking Lot Landscaping and Buffering Plan” shall be prepared and included in drawings submitted for Planning Commission approval as part of the regular Site Plan Review process. The "Parking Lot Landscaping and Buffering Plan" shall be prepared at a reasonable scale and shall include the following information:
(1) Name of the applicant/owner.
(2) Name, address and phone number of the person or firm responsible for the preparation of the plan.
(3) All existing and proposed buildings and other structures, paved areas, planted areas, utility poles, fire hydrants, light standards, signs, fences and other permanent features to be added and or retained on the site.
(4) Material to be removed or retained.
(5) Existing and proposed streets, sidewalks, curbs, and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.
(6) Contour lines shall be shown if the grades are in excess of six percent (6%) slope.
(7) Proposed elevation at sufficient locations and existing elevations of the site to clearly show the drainage patterns.
(8) Tabular listings of existing plant material to be retained and proposed plant material within the buffer yard or landscape area with typical planting details for trees, shrubs and ground cover within the landscaped area.
(e) Approval. No site plan approval will be issued by the Planning Commission, and no occupancy permit will be issued by the Building Commissioner until the “Parking Lot Landscaping and Buffering Plan” has received final approval. Approval of the "Parking Lot Landscaping and Buffering Plan" is conditioned upon satisfaction of the following criteria:
(1) Landscaping and perimeter buffering material shall be fully installed on the site by completion of construction; or,
(2) If not feasible due to seasonal conditions, within one planting season after completion of construction. A guaranteed agreement regarding the postponed improvement must be secured with a letter of credit, cash escrow or other instrument in an amount equal to the cost of such installation.
(f) Perimeter Landscaping. Parking lots containing six (6) spaces or more shall provide perimeter landscaping meeting the following minimum requirements:
(l) Buffer area between the public right-of-way and the parking area, and between private street easements and the parking area, shall be of a size equivalent to six (6) square feet of area for every linear foot of roadway frontage. If site constraints prohibit the provision of this amount of buffer area, Planning Commission may approve a plan with a buffer area equal to the length of the roadway frontage, minus ingress and egress driveways, multiplied by six (6) feet. (Example: Parcel frontage is 150 feet. Driveway width equals 30 feet. Therefore, the frontage minus drive width is 120 feet times 6 feet, or 720 square feet of buffer area). Where it is not practical to provide a buffer area of at least six (6) feet in depth, Planning Commission may approve alternative buffers consisting of evergreen or deciduous hedges low masonry walls, bollards and other structures or plantings that provide a screen meeting the intent of these regulations.
(2) Perimeter landscaping shall be provided in side and rear yards between residential and non-residential uses, and in side and rear yards between multi-family and single family uses. These perimeter landscape areas shall consist of earth mounds, decorative fences or masonry walls, vegetative screens or combinations of these sufficient to screen views of vehicular use areas. Perimeter landscaping shall be designed to provide a minimum of 50% opacity upon installation and minimum of 70% opacity at maturity. Perimeter landscape buffering shall contain evergreen and deciduous plant materials as approved by Planning Commission in consideration of desired opacity and need for year round screening. Material shall be kept neat and trimmed throughout the entire year.
(3) Curbs or wheel stops shall be provided to prohibit bumpers and bodies of parked vehicles from over-hanging a perimeter buffer landscape area by more than two and one-half (2 ½) feet.
(4) In order to retain visibility along public rights-of-ways, trees shall have a clear trunk of at least five (5') feet above the ground. Shrubs and other landscape material shall not exceed three (3) feet unless approved by Planning Commission.
(g) Interior Landscaping. Interior landscaping which meets the following requirements shall be provided for parking areas containing more than 6,000 square feet of paved area or more than 20 vehicular parking spaces, whichever is less. Interior landscaping is required in addition to perimeter landscaping.
(1) For every ten (10) parking spaces or fraction thereof, the applicant shall provide not less than two hundred (200) square feet of interior landscaped parking lot areas containing at least one tree with a minimum caliper of two inches (2") and two shrubs.
(2) If interior parking lot landscaping requirements a create hardship in meeting the required parking for the use, each two hundred (200) square feet of area designated for landscaping may be counted as one (1) required parking space.
(3) In order to assure that landscape areas are properly dispersed and to break up large expanses of parking pavement, no individual landscape area shall be larger than five-hundred (500) square feet in size in vehicle use areas less than 30,000 square feet and no individual area shall be larger than two- thousand (2,000) square feet in vehicular use areas larger than thirty- thousand (30,000) square feet.
(4) Curbs or wheel stops shall be provided to prohibit bumpers and bodies of parked vehicles from over-hanging an interior landscape area by more than two and one-half (2 ½) feet
(5) In order to retain visibility, trees shall have a clear trunk of at least five (5') feet above the ground. Shrubs and other landscape material shall not exceed three (3) feet unless approved by Planning Commission.
(h) In its consideration of modifications from the requirements of these regulations, Planning Commission shall consider the following:
(1) Conditions which are unique to the applicant's land.
(2) The manner in which strict application of the provisions of these regulations deprive the applicant of a reasonable use of the land in a manner equivalent to that permitted other landowners in the same zoning district.
(3) The existence of unique conditions and circumstances that are not the result of actions of the applicant subsequent to the adoption of these regulations.
(4) Whether the requested modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
(5) Whether the applicant has provided for landscaping and buffering that achieves the spirit of these regulations.
(i) Landscaping materials used in conformance with the provisions of these regulations shall be healthy and in good condition, conform to the standards of the American Association of
Nurserymen, and be planted in accordance with industry standards. Materials may consist of the
following:
(1) Deciduous trees with a minimum caliper size of 2 ½ inches.
(2) Evergreen trees with a minimum height of four (4) feet at the time of planting and so chosen as to provide the desired opacity and effective growth.
(3) Shrubs and hedges shall be at least 24", at the time of planting.
(4) Grasses of the Fescue or Bluegrass family shall be planted in species normally grown as permanent lawns in Northeast Ohio. Swales and other areas subject to erosion shall be sodded, mulched, and temporarily seeded for immediate protection until complete coverage is otherwise achieved. Grass sod shall be clean and free of weeds and noxious pests or disease. Ground cover shall be planted in such a manner as to provide 90% coverage after two growing seasons.
(5) Rock stone and mulch are acceptable alternatives for ground cover when the use does not exceed fifty percent (50%) of the total square foot area of required landscaping.
(j) All landscaping material shall be installed and maintained according to accepted nursery industry standards. The property owner shall be responsible for its continued maintenance and shall keep it in a neat and orderly appearance, free of refuse and debris at all times.
(k) Unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever occurs first. Violation of these provisions shall be grounds for the Building Commissioner to refuse to issue building occupancy permits.
(l) Landscaping which has been required and installed in compliance with the provisions of these regulations may not be used, disturbed or changed for any purpose other than for maintenance and restoration. (Ord. 2003-34. Passed 6-23-03.)
1321.50 RESIDENTIAL OFF-STREET PARKING.
(a) Definitions.
(1) Wherever the terms defined in Chapter 1345 of the Planning and Zoning Code are used in this section, they shall have the meanings respectively subscribed to them in that chapter unless the context herein requires a different meaning.
(2) "Residential area" means that portion of the City zoned as residential districts under the Zoning Ordinance as the same may be amended from time to time.
(3) "Recreational vehicles" shall be defined as follows:
A. A travel trailer, i.e., a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation use, and permanently identified "travel trailer" by the manufacturer.
B. A pick-up camper, i.e., a structure designed primarily to be mounted on a pickup truck chassis and with sufficient equipment to render it suitable for use as temporary dwelling, for travel, recreational and vacation use;
C. A motorized home, i.e., a portable dwelling designed and constructed as an integral part of a self-propelled vehicle, and designed for travel, recreational and vacation use;
D. A folding tent trailer, i.e., a canvas folding structure, mounted on wheels and designed for travel, recreational and vacation use; and
E. Boats and boat trailers, including boats, floats and rafts, plus the normal equipment to transport the same on a street or highway.
(b) Parking and Recreational Vehicles.
(1) Any recreational vehicle may be parked or stored in a residential area subject to the regulations contained herein.
(2) Each of the following regulations shall be applicable to all recreational vehicles while parked or stored in a residential area of the City:
A. A recreational vehicle shall not have connections to water, gas, or sanitary sewers.
B. A recreational vehicle shall not be used for living, housekeeping or similar purposes.
C. A recreational vehicle parked or stored outside a garage or enclosed structure shall not be parked or stored in the front yard of the lot and shall be stored or parked at least five feet from the rear lot line of the lot.
D. A recreational vehicle parked outside of a garage or enclosed structure shall be licensed pursuant to the laws of the state of Ohio.
E. A recreational vehicle may be parked on any premises for loading or unloading purposes for a period of not more than twenty-four hours, so long as such parking does not obstruct pedestrian or vehicular traffic of adjoining or abutting properties.
(3) A. No person, being the owner or operator of a recreational vehicle, shall park or store such vehicle in a residential area of the City in violation of any of the regulations set forth in subsection (b)(2) hereof.
B. No person, being the owner and/or occupant of or having possession of real property in a residential area of the City, shall permit a recreational vehicle to be parked or stored thereon in violation of any of the regulations set forth in subsection (b)(2) hereof.
(c) Parking Surface. No person shall park or leave unattended or allow to remain parked or left unattended any vehicle wholly or partly within a front yard in a residential area, unless such vehicle is wholly within a driveway or designated parking area of a hard surface of concrete, asphalt or other standard hard construction material approved by the Building Commissioner, excluding any grass or dirt areas.
(d) Registered Owner Responsible. The registered owner of a vehicle found in violation of this section shall be held prima-facie responsible for any such violation.
(e) Exemption of Emergency Vehicles. The provisions of this section shall not apply to authorized public safety or emergency vehicles while in use for emergency purposes.
(f) Corner Lots. Corner lots with side driveways will be governed by the same regulations that pertain to those lots that have front driveways. For purposes of this section only, corner lots shall be considered as shaving frontage on both streets upon which the lot abuts.
(g) Obstructing View. Parking of any vehicle or object in the front or side designated parking area of a dwelling or place of business that creates a hazard to others by obstructing the view or ingress or egress from any abutting property is prohibited.
(h) Accessory Facilities. Accessory parking facilities shall be located on the same lot as the dwelling served.
(i) Truck Parking. Trucks and other vehicles not exceeding 10,000 pounds in gross vehicle weight (manufacturer's curb weight plus payload) may be parked on residential property in compliance with the provisions of this chapter provided the vehicles are for the use of residents of the property on which they are parked. Trucks and other vehicles are for the use of residents of the property on which they are parked. Trucks and other vehicles exceeding 10,000 pounds in gross vehicle weight (manufacturer's curb weight plus payload) must be parked in enclosed structures.
(j) Whoever violates any provision of this section is guilty of minor misdemeanor. Each day that a violation exists shall constitute a separate offense.
(Ord. 2003-34. Passed 6-23-03.)
1321.60 ACCESS DRIVES TO PARKING AREAS.
The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little was possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets. Whenever possible, the center line of the access driveways on the frontage street shall be at least thirty feet from the right-of-way line of the nearest intersecting street and spaced at not less than ninety-foot intervals measured from the center line of the driveways. Joint use of access drives serving more than one property is strongly encouraged. Entrances and exits shall be limited to three lanes. The width of such entrances and exits, measured at the setback line, shall conform to the following schedule:
Width (feet) | ||
Lanes | Minimum | Maximum |
One | 10 | 12 |
Two | 18 | 24 |
Three | 27 | 33 |
(Ord. 2003-34. Passed 6-23-03.)
1321.70 OFF-STREET LOADING FACILITIES.
Loading and/or unloading facilities shall be provided for all business, service, commercial and industrial buildings hereafter erected or altered for such uses. The facilities shall be maintained as long as such buildings are occupied, shall continue unobstructed and not be used for repair or servicing of motor vehicles. Space required and allocated for off-street parking shall not be allocated or used to satisfy the space requirements for off-street loading.
(Ord. 1961-103. Passed 12-29-61.)
1321.71 LOCATION OF LOADING SPACES.
All required loading spaces shall be located on the same lot as the use served and arranged so that a public street or sidewalk will not be occupied during the loading or unloading process. To the extent practical, loading spaces shall not be located in direct view of a frontage street and if so located shall be screened from view by mounds, vegetative or structural screens. Loading spaces shall not be located in any required yard or less than twenty feet from a Residential District. Such spaces may be open or enclosed.
(Ord. 2003-34. Passed 6-23-03.)
1321.72 SIZE OF LOADING SPACES.
(a) A required off-street loading space shall be at least twelve feet wide by at least twenty-five feet in length for buildings less than 15,000 square feet of gross floor area, and each required loading space for a building of 15,000 square feet or more of floor area shall be not less than twelve feet wide by fifty feet in length. Each space shall have a vertical clearance not less than twelve feet wide by fifty feet in length. Each space shall have a vertical clearance of at least fourteen feet. The above areas hall be exclusive of aisle and maneuvering space.
(b) Uses for which off-street loading facilities are otherwise required but which are located for buildings of less than 15,000 square feet of floor area shall be provided with a receiving platform or other facilities adjacent to a service drive or other open space on the same lot. (Ord. 1961-103. Passed 12-29-61.)
1321.73 SCHEDULE OF REQUIREMENTS.
Building or Use | Gross Floor Area Building (Square Feet) | Required Number of Spaces |
Retail stores, all types | 5,000 to 10,000 | 1 |
10,000 to 40,000 | 2 | |
40,000 to 100,000 | 3 | |
Each additional 50,000 | 1 additional space | |
All Commercial/Manufacturing and Industrial establishments | Up to 40,000 | 1 |
40,000 to 100,000 | 2 | |
Each additional 50,000 | 1 additional space | |
(Ord. 1961-103. Passed 12-29-61.)
1321.80 IMPROVEMENTS TO PARKING AND LOADING AREAS.
All parking areas and loading areas and access driveways except for one and two-family dwellings shall have an asphalt, concrete or other similar hard surface approved by the City Engineer. Parking areas shall be graded to provide for positive drainage so that injury will not be caused to adjacent properties nor will water drain across a public sidewalk. New parking areas shall be so designed as to limit the volume of storm water runoff to no more than that occurring prior to installation of such areas. Appropriate curbs shall be provided in order to define limits of paved areas and to prevent vehicles from projecting into required yards. In addition, wheel bumper guards may be used to define parking spaces. Parking areas shall be landscaped in compliance with the provisions of Section 1321.42. The maximum grade of the parking area shall not exceed four percent.
(Ord. 2003-34. Passed 6-23-03.)
1321.81 ILLUMINATION OF PARKING AND LOADING AREAS.
Parking and loading areas shall be illuminated whenever necessary to protect the public safety. Such illumination shall be so designed and located that the light sources are shielded from adjoining Residential Districts and streets, and shall not be of excessive brightness so as to cause a glare hazardous to pedestrians or drivers. (Ord 1961-103 Passed 12-29-61 )
1321.82 ACCESSIBLE PARKING SPACES.
(a) When parking spaces are provided for employees or visitors, accessible spaces shall be provided in close proximity to building entrances in conformance with the following table:
TOTAL SPACES IN LOT | MINIMUM NUMBER OF SPACES REQUIRED |
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2 percent of total |
1000 and over | 20 plus one for each 100 over 1,000 |
(b) The total number of spaces may be distributed among parking areas if greater accessibility is achieved.
(Ord. 2003-34. Passed 6-23-03.)
1321.90 APPROVAL OF PARKING AND LOADING PLANS.
Detailed drawings of off-street parking and loading areas (except for one and two-family dwellings) shall be submitted to the Planning Commission for approval. The drawings shall show each space, dimension of driveways, aisles, and other features enumerated in this chapter.
(Ord. 1961-103. Passed 12-29-61 )
1321.91 CHANGE IN USE OR ENLARGEMENT OF PREMISES.
In all districts, when a building, structure or premises has a change of use, addition of dwelling units, gross floor area, seating capacity or other units of measure specified herein for required parking or loading facilities which creates a need for an increase of more than fifteen percent (15%) in off-street parking or any whole unit of additional loading spaces as required herein, additional facilities shall be required to the extent of need created by the addition or enlargement. If the original structure or use is inadequately served by parking facilities relative to the standards contained herein, Planning Commission may also require the addition of parking spaces or loading areas necessary to bring the total required spaces into compliance with these regulations. In making such a determination, Planning Commission shall consider traffic flow, congestion, pedestrian or traffic hazards caused directly or indirectly by the deficiency. However, off-street parking need not exceed the total amount of off-street parking spaces required for the entire use if constructed new. (Ord. 2003-34. Passed 6-23-03.)
1323.01 RESIDENTIAL DISTRICTS.
(a) In Residential and Multiple-Family Districts fences may be erected subject to the following regulations:
(1) The fence shall not be over six feet (6) in height and shall be erected in the rear or side yard up to the front edge of the building. In front yards, fences shall be located behind the setback line.
(2) Fences eight feet (8') in height may be constructed by residential property owners when their property abuts commercial or industrial uses.
(3) The side of the fence closest to an adjacent property line and facing outward from the yard being fenced, shall be the smooth, finished side and all horizontal, diagonal or supporting members shall be on the interior side of the fence.
(4) In keeping with the other provisions of this Code, owners of adjacent lots may agree on the size, character, construction and location of boundary line fences and the proportion in which they shall bear the expense thereof.
(5) A snow fence or fence of similar type may be erected or placed in any yard during the period from November 1st to April 30th for the sole purpose of preventing the drifting of snow on highways, driveways, and sidewalks, but such fence shall not be used at any time as a temporary or permanent fence or enclosure, except during the construction of a swimming pool, or any other type of excavation where a temporary protective fence is required.
(6) Fences shall not be constructed in the front yard unless they are primarily of the decorative type such as picket, split rail, as opposed to functional such as chain link, and not in excess of three feet (3') in height.
(Ord. 2003-34. Passed 6-23-03.)
(7) A combination split-rail and mesh fence is permitted in real yards only. The mesh in such fences shall be vinyl-clad, nine-gauge wire with minimum two-inch and maximum four-inch openings.
(Ord. 2009-12. Passed 5-11-09.)
(8) A combination split rail and mesh fence is permitted in rear yards only. The mesh in such fences shall be vinyl clad 9 gauge wire with minimum two inch (2") and maximum of four inch openings.
(9) Wood fences shall be white, natural or earth tones. Both sides must be the same color. Exterior surfaces shall be maintained to present a neat, clean appearance free of graffiti, so as not to cause harm to, offend or detract from the value of adjacent properties.
(Ord. 2003-34. Passed 6-23-03.)
(Ord. 2003-34. Passed 6-23-03.)
(b) In commercial and industrial districts, property owners may erect an eight-foot (8') fence of at least eighty percent (80%) opacity where the property abuts residential areas, approximately one inch from the property line. Owners of commercial and industrial property may construct fences up to six feet (6') in height at any location on their property.
(Ord. 2009-12. Passed 5-11-09.)
1323.03 EXCEPTIONS.
(a) Shrubbery fences or other natural growth along property lines.
(b) Small ornamental lattice-type fences attached to, or adjoining a dwelling and forming a part of its decoration and/or landscaping.
(c) Fences serving as enclosures for swimming pools.
(Ord. 2003-34. Passed 6-23-03.)
1323.05 PROHIBITED FENCES AND/OR FENCING AREAS.
(a) No fences, regardless of type of character, shall be constructed, erected or maintained that may cause damage, in any degree, to the sidewalk, curb, gutter, berm, sewers, water lines, paving or other property of the City of Wickliffe, nor shall any fence or shrubbery of any character create a safety hazard for pedestrians or vehicular traffic.
(b) No fence shall be constructed, erected or maintained of barbed wire, electrically- charged wire, or of other material inherently dangerous to life or limb, except on lands whereon agriculture is the principal use of such lands and such proposed fence is a type normally used in husbandry or where the applicant has requested a variance before the Planning Commission based upon the need for security. The basis for security fencing must be adequately demonstrated by the applicant.
(c) Fences on corner lots shall be no closer than ten feet (10') to the right of way.
(d) Fence on Fence construction is prohibited. Fences on one property may not abut a fence on an adjacent property. However, parallel fences on adjacent properties may be constructed provided that there is at least four (4) feet between the fences, and a gate is included on the newly constructed fences to ensure property maintenance.
(Ord. 2025-28. Passed 6-23-25.)
1323.07 REQUIRED FENCES AND/OR FENCES AREAS.
(a) Swimming Pools.
(1) Every pool which is constructed either partially or wholly by means of an excavation or depression below grade shall be enclosed by a fence at least forty-two inches (42") and not more than forty-eight inches in height above the ground and shall be constructed so as to prevent access to such pool by small children; except that any pool constructed completely above grade which has a self contained fence or siding with a removable access, does not require a fence. If the pool is located in a completely fenced yard which meets the minimum requirements of this section, no additional fence is required.
(2) For the protection of life and limb of the general public, is shall be mandatory that a temporary fence of at least forty-two inches (42") be erected by the property owner or his agent, completely around the excavation of a swimming pool, and such fence shall remain in place until the completion of the permanent fence.
(Ord. 2003-34. Passed 6-23-03.)
1323.09 PERMIT REQUIRED.
(a) Prior to the construction of any fence, except those specifically exempted by this Chapter, a permit must be obtained by the owner or his agent from the Building Commissioner. The application for said permit shall be made in writing and upon printed forms furnished by the Building Commissioner. Such form shall include a sketch of the proposed fence giving its materials, height and location, as well as photographs of properties. Said Building Commissioner shall be the authority to determine whether or not such fence permit shall be issued.
(Ord. 2025-28. Passed 6-23-25.)
(b) In case of a fence to be constructed on a property line, either a written agreement between owners in regard to the location of the fence, or a survey locating the property line and extent and type of fence shall be provided. The survey shall be performed and stamped by a registered surveyor or engineer. In the case of single ownership, fence must be constructed so that the rails and posts, if any, will be placed on the owner’s property with the finished or exterior side facing adjoining properties. Fences not jointly owned, may be built in proximity to the property line providing the following conditions are met.
(1) The fence is built of relatively maintenance-free materials; or
(2) Fence is so constructed that it can be dismantled from its owner's side for the purpose of maintaining entirely within the owner’s property line.
(Ord. 2003-34. Passed 6-23-03.)
1323.11 PERMIT FEE ESTABLISHED.
Permit fee as prescribed elsewhere by ordinance.
(Ord. 2003-34. Passed 6-23-03.)
1323.13 APPEALS.
Rejection by the Building Commissioner may be appealed to the Board of Building and Zoning Code Appeals.
(Ord. 2003-34. Passed 6-23-03.)
(Ord. 2003-34. Passed 6-23-03.)
1325.01 SELF-STORAGE AND MINI-STORAGE REGULATIONS.
(a) Purpose. The purpose of this section is to promote the public health safety and welfare through the regulation of self-service and mini-storage facilities as permitted herein.
(b) Use of Land. The use of land, buildings, or other structures as a Self-Service Mini- Storage Facility must comply with the regulations and standards of this section and are required to obtain approval as a conditional use pursuant to Chapter 1331.
(c) Minimum Construction Distance. No structure used as a self-storage or mini- storage facility shall be built or erected within two thousand (2000) of any residential dwelling, hotel, motel, tourist house, school, hospital, nursing home, or any public administrative, or public safety building, and shall not present a nuisance or safety hazard to the general public. When the Planning Commission finds that there would be no adverse impact, a lesser set back distance may be established, but not less than five hundred feet.
(d) Inspections. The Fire Chief, the Fire Prevention Officer, and all Fire Fighters as directed by the Chief, shall have access to the individual self-service mini-storage units for the purpose of inspection to determine compliance with this section and with the Ohio Fire Code. Owners or operators of self-service mini-storage facilities and the lessees of each individual self- storage unit shall allow access to the individual units for this inspection. The Fire Chief is authorized to draft regulations establishing procedures for these inspections. The Fire Chief shall enforce this inspection procedure pursuant to any and all other applicable laws and ordinances.
(e) Lease Agreement. Owners or operators of self-service and mini-storage facilities must include language within the lease for the individual self-storage units advising the lessees of the regulations drafted pursuant to this section and shall further contain a provision authorizing inspection of the units by the Fire Department up to three times per calendar year.
(f) Penalty. Whoever violates any provision of this Section, and upon conviction thereof, shall be guilty of a misdemeanor. Each day that such violation continues shall constitute a separate offense.
(Ord. 2003-34. Passed 6-23-03.)
1327.01 TEMPORARY USES.
The following regulations are necessary to govern certain uses which are of a temporary nature. Such uses require temporary zoning permits. Application for temporary zoning permits shall be made to the Building Commissioner at least thirty (30) days before instigation of such use. The application for zoning permit shall include a graphic description of the property to be used, a description of the proposed use, a site plan with sufficient information to determine the yard, setback, parking and sanitary facility requirements for the proposed use, and the permit fee as established by Ordinance of Council.
The following are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the general regulations, sign regulations, and parking regulations applicable to the district in which they are located:
(a) Real Estate Offices: Real estate sales offices, which shall contain no living accommodations, shall be permitted within any district for any new subdivision for a period of six months, except that three (3) six month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of lots therein, or upon the expiration of the zoning permit, whichever occurs first.
(b) Temporary Building and Facilities: Temporary buildings, offices, construction trailers, equipment and storage facilities required in conjunction with construction activity may be permitted within any district for a period of six (6) months, except that three (3) month extensions may be granted if it can be shown that significant progress and sincere effort is being made to complete construction. Such uses shall be removed immediately upon completion of the construction, or upon expiration of the zoning permit, whichever occurs first.
(c) Temporary Circuses, Festivals and Carnivals. Temporary circuses, festivals, carnivals, tent shows, sideshows and artificial curiosity exhibits, with the approval of the Building Commissioner, may be permitted. Plans shall be submitted indicating the proposed stages of operation and the future uses or rehabilitation to be carried out on the site.
(d) Special Events. Special events, with the approval of the Building Commissioner, may be permitted. Plans shall be submitted indicating the proposed stages of operation of the special event to be carried out on the site.
(e) Temporary Commercial Sales. Property owners or resident business establishments may conduct temporary commercial sales, such as sidewalk sales, sales of plants, flowers, produce, trees, arts and craft and similar items, may be permitted according to the following:
(1) Industrial and Commercial Districts: Applications for temporary commercial sales on a lot located in an industrial or commercial district shall be submitted to the Building Commissioner for approval.
(2) Residential Districts: The sale of seasonal agricultural products grown or produced on the premises shall be permitted without obtaining a zoning certificate.
(3) Private Recreation/Institutional Districts:
A. Institution Sales Lasting Less Than Three Days: The Building Commissioner may authorize an institution to conduct a sales event provided that such event shall be limited in time to no more than three days.
B. Institution Sales Lasting Longer Than Three Days: The Building Commissioner may authorize an institution to conduct a sales event that lasts longer than three days. Application shall be made directly to the Building Commissioner. A site plan shall be submitted along with a written statement from the property owner giving his/her permission for such use if such event is conducted on property other than that which is owned by the institution.
1328.01 KEEPING/RAISING SMALL LIVESTOCK AND BEES REGULATIONS.
The regulations of this section are established to permit the keeping and raising of small livestock and bees in all districts in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
(a) Small Livestock. The keeping of chickens, ducks, rabbits, and similar farm animals, and cages, coops and enclosures for the keeping of such animals shall comply with the following requirements:
(1) A maximum of six (6) such animals may be kept on the property.
(2) Geese, turkeys and roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months.
(3) Coops and Cages. All such animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals, exclusive of areas used for storage of materials or vehicles.
A. The coops and cages housing such animals shall be located in the rear yard, a minimum of five (5) feet from a side or rear lot line.
B. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages shall not exceed fifteen (15) feet in height.
(4) Enclosures and Fences. Such animals shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the animals on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each such animal.
(5) Coops, cages and enclosures shall be maintained in a clean and sanitary condition at all times. Waste materials shall be disposed in a manner that will not cause odor or attract flies or vermin.
(6) Slaughtering of small livestock is prohibited, and no commercial activity shall be permitted as a result from the keeping of small livestock on the property.
(7) The restrictions of this section do not pertain to household pets or companion animals.
(b) Bees. The keeping of bees, and associated beehives, shall comply with the following regulations.
(1) No more than one (1) beehive shall be kept for each four thousand (4,000) square feet of lot area, up to a maximum of eight (8) beehives.
(2) Beehive Location and Setbacks.
A. Beehives shall be located in the rear yard, a minimum of five (5) feet from a side or rear lot line.
B. No beehive shall be kept closer than ten (10) feet to a dwelling or the permitted placement of a dwelling on an adjacent parcel.
C. The front of any beehive shall face towards the interior of the lot on which it is located and away from the property line of the residential property closest to the beehive.
(3) A solid fence or dense hedge, known as a "flyway barrier," at least six (6) feet in height shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines.
(4) A supply of fresh water shall be maintained in a location readily accessible to the beehives on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
(5) No Africanized bees may be kept on a property under the regulations of this section.
(6) Any person owning or possessing bees shall comply with all state laws, including the requirements in Ohio R.C. 909.02 for obtaining a certificate of registration from the director of agriculture.
(Ord. 2022-47. Passed 10-10-22.)