Wickliffe City Zoning Code
TITLE NINE
Other Zoning Regulations
APPENDIX Zone Map Changes Listed
EDITOR'S NOTE: The following listing contains references to all ordinances enacted by Council which have amended the Zone Map of the City, adopted by Section 1305.30 of this Planning and Zoning Code.
Ord. No. Date Description
1962-24 6-25-62 Original Willoughby Twp. Lots 3 and-4 in Tract 12 from R1-60 Residential to R1-50 Residential.
1962-26 6-25-62 Original Willoughby Twp. Lloyd Lots 11, 5, 6, 7 and 8 in Tract 12 from CM (Commercial-Manufacturing) to LB (Local Business).
1962-70 10-22-62 Two parcels being parts of Original Willoughby Twp. Lots 3 and 11 in Tract 12 from R1-75 Residential to R1-50 Residential.
1962-73 11-19-62 Two parcels being parts of Original Willoughby Twp. Lot 12 in Tract 11 from RMF (Multi-family Residential) to GB (General Business) with 140-foot minimum front yard; two parcels from RMF (Multi-family Residential) to P (Automobile Parking).
1962-74 11-19-62 Part of Original Willoughby Twp. Lots 9 and 12 of Tract 11 from LB (Local Business) to GB (General Business) with 140-foot minimum front yard.
1962-75 11-19-62 Part of Original Willoughby Twp. Lot 9 in Tract 11 from RMF (Multi-family Residential) to OB (Office Building); part of same lot from RMF (Multi-family Residential) to P (Automobile Parking).
1963-32 5-12-63 Part of Tract 11 (1.00 acre) of Lot 9, North middle from OB (Office Building) and P (Automobile Parking) to LB (Local Business).
1963-55 7-8-63 Sublots 5 and 6 in the Beechwood Drive Subdivision from R1-75 Residential to R1-60 Residential.
1963-65 8-12-63 Part of Original Willoughby Twp. Lots 4 and 5, Tract 8, on Lincoln Rd. from R1-75 Residential to R-1 50 Residential.
1963-90 12-9-63 Part of Original Willoughby Twp. Lot 12 in Tract 11 from GB (General Business) to RMF (Multi-family Residential).
1964-6 3-9-64 Part of Original Willoughby Twp. Lot 12 in Tract 11 from GB (General Business) and P (Automobile Parking) to GB (General Business).
1964-11 3-23-64 Five parcels being part of Original Willoughby Twp. Lloyd Lot in Tract 12 from OB (Office Building) to GB (General Business).
1964-14 4-13-64 Part of Original Willoughby Twp. Lots 9 and 12 in Tract 11 from P (Automobile Parking) to R2F (Two-family Residential); part of same lots from R1-50 Residential to R2F (Two-family Residential).
1964-44 6-22-64 Part of Original Willoughby Twp. Lot 2 of Tract 8 from OB (Office Building) to LB (Local Business).
1965-39 6-14-65 Part of Original Willoughby Twp. Lot 1, Tract 8, from CM (Commercial-Manufacturing) to GB (General Business).
1965-59 8-16-65 Part of Original Willoughby Twp. Lots 5 and 7, Tract 12, from R1- 60 Residential to R1-50 Residential.
1965-72 10-25-65 Certain sublots in Ridgehills Estates of part of Original Willoughby Twp. Lots 2 and 3, Tract 8, from R1-75 Residential to GB (General Business).
1965-90 12-13-65 (a) Part of Original Willoughby Twp. Lot 10, Tract 12, and Lot 12, Tract 11, from OB (Office Building) to LB (Local Business).
(b) Part of Original Willoughby Twp. Lot 10, Tract 12, and Lot 12, Tract 11, from P (Automobile Parking) and R1-50 Residential to P (Automobile Parking).
1966-28 4-25-66 Part of Lot 12, Tract 11, from GB (General Business) and RMF (Multi-Family Residential) to GB (General Business).
1966-93 12-27-66 0.284 acres (Lots 22 and 23 of proposed Harrison Subdivision on Arbor Rd.) from RMF (Multi-family Residential) to P (Automobile Parking).
1969-7 2-24-69 Two parcels in Ridgehills Estates Subdivision from R1-75 Residential to GB (General Business).
1969-8 2-24-69 18.4598 acres in Ridgehills Estates Subdivision from R1-75 Residential to RHR (High-Rise).
1969-44 6-23-69 Land near intersection of Bishop Rd. and Euclid Ave. from P (Automobile Parking), OB (Office Building) and LB (Local Business) to GB (General Business).
1969-7 11-10-69 Parcel 1 (0.817 acres at intersection of Arbor Rd. & Euclid Ave.) and Parcel 2 (0.98 acres on Euclid Ave.) from RMF (Multi-family Residential) to LB (Local Business).
1969-97 1-26-70 5 acres on Euclid Ave. from IR (Institutional-Recreation) to GB (General Business).
1969-101 1-26-70 4.503 acres at intersection of East 300th St. and Euclid Ave. from OB (Office Building), R1-75 Residential and I (Industrial) to GB (General Business).
1970-80 10-26-70 Parcel 1 (1.19 acres at intersection of Euclid Ave. and Wickliffe School House Lot), Parcel 2 (0.527 acres on Lincoln Rd.) and Parcel 3 (at intersection of Euclid Ave. and Lincoln Rd.) from OB (Office Building) to LB (Local Business).
1971-8 5-10-71 Parcel fronting 50 ft. on NE side of Rockefeller Rd. from R-150 Residential to CM (Commercial Manufacturing).
1971-32 7-12-71 Parcel 1 (2.27 acres at intersection of Euclid Ave. and easterly access line of Euclid Spur) and Parcel 2 (at same location) from IR (Institutional-Recreation) to OB (Office Building).
1971-50 11-22-71 Parcel 1 (at intersection of Euclid Ave. and Craneing Rd.) and Parcel 2 (on Craneing Rd.) from CM (Commercial-Manufacturing) and R1-50 Residential to LB (Local Business) and P (Automobile Parking).
1972-33 6-12-72 Parcel at intersection of Euclid Ave. and East 289th St. from CM (Commercial Manufacturing) to GB (General Business).
1972-66 1-8-73 Parcel containing 18.46 acres located adjacent to Bishop Road at the southerly corporation line of the City from RHR (High-Rise) to R1-75 (One-Family).
1973-34 9-10-73 2.360 acres on Euclid Ave. at intersection of easterly line of land conveyed to L.J. Trotter Ford Inc., from (I) Industrial to (GB) General Business.
1973-33 1-28-74 Parcel in the vicinity of A.J. Ward Jr. property and the easterly limited access line of the Euclid Spur from IR (Institutional and Recreational) to OB (Office Building).
1974-9 4-22-74 Part of Original Willoughby Township Lot No. 2 in Tract No. 8, in the vicinity of Euclid Ave. and Bishop of Cleve. lands containing 1.513 acres, from IR (Institutional and Recreational) to GB (General Business).
1974-74 3-10-75 Part of Original Willoughby Township Lot. No. 4 in Tract No. 8 in the vicinity of Maple St. and Euclid Ave. containing 1.067 acres, from OB (Office Building) to LB (Local Business).
1975-7 4-14-75 Part of Lot No. 11, Tract No. 11 adjacent to Euclid Ave., containing 5.293 acres, from I (Industrial) to GB (General Business).
1975-42 11-24-75 Part of Original Willoughby Township Tract No. 8, adjacent to Euclid Ave., from R1-75 (One Family 75) to IR (Institutional and Recreational).
1976-39 9-27-76 Part of Original Willoughby Township Lot No. 1 in Tract No. 8 in the vicinity of the New York, Chicago & St. Louis RR and Crane Subdivision, from GB (General Business) to I (Industrial).
1976-72 2-14-77 Part of Lot No. 11, Tract No. 11 adjacent to intersection of Euclid Ave. and Wickliffe/Willowick corp. line, containing 3.002 acres, from I (Industrial) to GB (General Business).
1977-9 4-26-77 Part of Original Willoughby Township Lot No. 10, Tract No. 12, at Euclid Ave. and F. Taddeo property, from R (R1-50 Residential) to P (Parking).
1977-33 6-27-77 Part of Original Willoughby Township Lot No. 11, Tract No. 11 adjacent to Euclid Ave., vicinity of L.J. Trotter Ford, Inc., from I (Industrial) to GB (General Business).
1977-50 9-26-77 Part of Original Willoughby Township Lot No. 1 in Tract No. 8 in the vicinity of the New York, Chicago & St. Louis RR and Crane Subdivision, from I(Industrial) to GB (General Business).
2023-34 8-21-23 Permanent Parcel Number 20-B-003-D-00-031-0 located at 1522 East 300th Street, from R1-50, Single-Family Residential District to GB, General Business District.
2024-37 6-24-24 Rezoning from Town Center to Residential Multi-Family one parcel located at the rear of Parcel 29-A-003-0-00-027-0 29553 Euclid Avenue.
2025-22 5-12-25 Rezoning from Institutional/Recreational (IR) to R1-75, one parcel located at part of 29-13-010-0-00-024-0, 2688 Bishop Road.
2025-30 6-23-25 Rezoning from General Business to Multi-Family, and a portion of R1-60 Residential to Multi-Family all being part of Parcel No. 29B-007-0-00-004-0, located at 29240 Euclid Avenue.
2025-47 11-24-25 Rezoning from Institutional/Recreational (IR) to R1-75, located at part of 29-B-010-0-00-012-0, 2690 Bishop Road.
LEGISLATION REQUIRING VOTER APPROVAL
Ord. No. Approved Description
1977-73 6-8-78 Part of Original Willoughby Township Lot No. 1, Tract No. 8, in the vicinity of Euclid Ave. and Crane Subdivision, containing about 8.60 acres, from CM (Commercial-Manufacturing ) to GB (General Business).
1977-77 6-8-78 Part of Original Willoughby Township Lot No. 2, Tract No. 8, in the vicinity of Continental Restaurant Systems, Inc. land, containing 0.597 acre, from IR (Institutional-Recreational) to GB (General Business).
1979-37 11-6-79 Part of Original Willoughby Township Lot No. 2, Tract No. 8 from IR (Institutional Recreational) to OB (Office Building).
1999-68 12-13-99 3.624 acres owned by Judith Ann-Wright Pavelecky from I-R (Institutional-Recreational) to R1-50 (Residential One-Family).
2007-05 3-12-07 0.929 acres of land containing a residential home from I-R (Institutional-Residential) to R-100 (Residential One-Family).
Res.2007-10 11-6-07 The Green Ridge Golf Course property from Private Recreation/Institutional to Public Open-Space District.
2007-67 9-24-07 0.316 acres of land containing a residential home from R-75 (Residential One-Family) to Public Open Space.
1341.10 AUTHORITY FOR AMENDMENTS.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, City Council may by ordinance amend, revise, rearrange, renumber or recodify this Planning and Zoning Code or amend, supplement, change or repeal the boundaries or classification of property according to the procedures set forth in this chapter and subject to the procedures provided by law.
(Ord. 2021-46. Passed 10-25-21.)
1341.20 INITIATION OF ZONING AMENDMENTS.
Amendments to the Planning and Zoning Code may be initiated in one of the following ways:
(a) By the filing of an application to the Planning Commission by at least one owner of property, by a lessee of property with written consent of at least one owner, or by a developer or purchaser with an option to purchase property withn the area proposed to be changed or affected by said amendment (hereinafter, an “Eligible Applicant”);
(b) By the adoption of a motion by the Planning Commission.
(c) By the passage of a resolution by City Council.
(Ord. 2021-46. Passed 10-25-21.)
1341.30 AMENDMENTS INITIATED BY PROPERTY OWNER(S).
An application for a zoning text or zoning map amendment initiated by an Eligible Applicant shall be submitted and reviewed according to the following:
(a) Discussion with Planning Commission. Prior to submitting an application for an amendment to the Planning and Zoning Code and/or the Zoning Map, the applicant shall notify the Building Commissioner of its desire to appear before the Planning Commission, and the Building Commissioner shall include applicant on the agenda for the first regular Planning Commission meeting occurring after receipt of such notice, and applicant shall appear before the Planning Commission to informally discuss the proposed amendment. However, no action shall be taken by the Planning Commission at such a meeting and no discussions, opinion, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval by the Planning Commission.
(b) Application Requirements. Applications for a zoning amendment shall contain at least the following information, unless otherwise instructed by the Planning Commission.
(1) The name, address, email and phone number of the applicant and the property owner if other than the applicant;
(2) A statement of the reason(s) for the proposed amendment;
(3) A statement on the ways in which the proposed amendment relates to any Comprehensive Plan;
(4) The payment of the application fee as established by Council;
(5) Additional materials required for zoning map amendment requests:
A. An accurate legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;
B. Present use and zoning district, and the proposed use and zoning district;
C. A vicinity map at a scale approved by the Building Commissioner and City Engineer showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Building Commissioner and City Engineer may require;
D. Existing topography at two-foot contour intervals of the property to be rezoned and extending at least 300 feet outside the proposed site, and including property lines, easements, street rights-of-ways, existing structures, trees and landscaping features existing thereon;
E. The last known names and addresses of the owners of all properties lying within 300 feet of any part of the property on which the zoning map amendment is requested, as shown upon the records of Lake County. Where the property within 300 feet is under the same ownership as the property proposed to be changed, the names and addresses of the owners of all property adjoining that within which the area proposed to be changed is situated, shall also be furnished;
(c) Referral to Planning Commission. After the filing of an application, the Building Commissioner shall transmit the application to the Planning Commission for its consideration and recommendation.
(d) Public Hearing and Notice by Planning Commission. Within forty-five days from the first regular meeting following receipt of the application, unless extended by the Planning Commission with written consent of the applicant or the consent of the applicant given at a meeting of the Planning Commission and reflected in the minutes thereof, the Planning Commission shall hold a public hearing. Notice of the public hearing shall be provided as follows:
(1) For map amendments, a written notice of the hearing shall be mailed by the Planning Commission, by first class mail or email, at least fifteen days prior to the date of the hearing, to all owners of property within 300 feet of the area proposed to be changed, using for this purpose the names and addresses of such owners as shown upon the records of Lake County or the list of property owners furnished by the applicant under subsection (b).
(2) The Commission shall further cause publication of notice to such hearing to be made at least once in a newspaper of general circulation, at least fifteen days prior to the date of the hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested.
At such public hearing, the Chairperson of the Planning Commission may establish such rules and procedures as the Chairperson deems necessary or appropriate for the orderly conduct of such hearing, which rules and procedures may include establishing time limits for each person offering public comment, a time limit for all public comments, a time limit for the applicant to speak and such other reasonable rules and procedures as the Chairperson determines.
(e) Recommendation by Planning Commission. The Planning Commission shall recommend one of the following:
(1) That the amendment be approved as requested.
(2) That the amendment be approved as modified by the Planning Commission as the Planning Commission may deem reasonable or necessary, or
(3) That the amendment be denied.
If no action has been taken by Planning Commission at the first regular meeting of the Planning Commission following the public hearing, unless extended by the Planning Commission with written consent of the applicant or the consent of the applicant given at a meeting of the Planning Commission and reflected in the minutes thereof, then the proposed amendment shall be deemed to have been denied by the Planning Commission.
The secretary of the Planning Commission shall forthwith transmit to the Clerk of Council either the recommendation of the Planning Commission, or the fact that the Commission has not made a recommendation on such application within its allotted time.
(f) Public Hearing and Notice by Council. Upon receipt of the recommendation from the Planning Commission, Council shall set a time for a public hearing on the proposed amendment. Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the City. Said notice shall be published at least fifteen days before the date of the required hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested. During such fifteen days, the text of the proposed ordinance or amendment, the maps or plans, if applicable, and the recommendations of the Planning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
(g) Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail or email, at least fifteen days before the day of the public hearing to all owners of property within 300 feet of such area proposed to be rezoned or redistricted to the names and addresses of owners as shown upon the records of Lake County, or the list of property owners furnished by the applicant. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (f) hereof. Failure of delivery of such notice shall not invalidate any such amendment.
(h) Action by Council. After the public hearing required by subsection (f) hereof, Council shall, after three readings at Council meetings occurring with at least fourteen days between each such meeting, either adopt or deny the recommendation of the Planning Commission or adopt such modification thereof. In the event Council adopts the recommendation of the Planning Commission, an affirmative vote by two-thirds of all members elected to Council shall be required. In the event the Planning Commission denies the proposed amendment and Council elects to overrule the recommendation of the Planning Commission, an affirmative vote by two-thirds of all members elected to Council shall be required. Wherein if Council fails to obtain such two-thirds vote, the recommendation of the Planning Commission to deny the proposed amendment shall be considered as approved and the proposed amendment shall be deemed denied.
(i) Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement, if such amendment to the proposal shall be germane to the subject matter thereof and is in accordance with the recommendation of the Planning Commission. Council approval, with modification of the recommendation of the Planning Commission shall not be considered as overruling such Planning Commission recommendation.
(Ord. 2021-46. Passed 10-25-21.)
1341.40 AMENDMENTS INITIATED BY PLANNING COMMISSION.
The Planning Commission on its own initiative may, by the passage of a motion, recommend to City Council changes in the Planning and Zoning Code and Zoning Map. Prior to any Planning Commission initiated rezoning or redistricting recommendation of any parcel of land, written notice shall be sent by the Planning Commission to the name and address of the owner of any such parcel proposed to be changed, as shown upon the records of Lake County. The written notice shall be sent by first class mail, or email at least fifteen days prior to the day of the Planning Commission meeting to consider such recommendation, and shall include a summary of the proposed amendment. No notice or hearing shall be required by the Planning Commission if the recommendation to be considered by the Planning Commission is to change the Zoning Code (text change). After Planning Commission has made a recommendation to City Council, Council shall follow the procedures for review and hearing of the proposed amendment as set forth in Section 1341.30(f) through 1341.30(i), inclusive.
(Ord. 2021-46. Passed 10-25-21.)
1341.50 AMENDMENTS INITIATED BY COUNCIL.
Amendments to the Planning and Zoning Code or Zoning Map initiated by the passage of a resolution of City Council shall comply with the following:
(a) Referral to Planning Commission. After the adoption of a resolution by Council, said resolution shall be referred to the Planning Commission for its consideration and recommendation.
(b) Public Hearing by Planning Commission. The Planning Commission shall hold a public hearing as set forth in Section 1341.30(d).
(c) Recommendation by Planning Commission. The Planning Commission shall recommend one of the following:
(1) That the amendment be granted as requested.
(2) That the amendment be granted as modified by the Planning Commission, or
(3) That the amendment be denied.
The Planning Commission shall be allowed a reasonable time for consideration and report. If the Planning Commission does not make a recommendation on a resolution passed by Council at the first regular meeting of Planning Commission following the public hearing, and the time for responding is not extended by Council, Council shall determine that the recommendation of the Planning Commission is that the amendment be denied.
(Ord. 2021-46. Passed 10-25-21.)
1341.60 SIMULTANEOUS APPROVAL OF A DEVELOPMENT PLAN.
A developer may submit a development plan at the time an application for an amendment is submitted. The Planning Commission and Council may review the two applications simultaneously, but shall consider each as a separate, independent application. A development plan shall be reviewed and shall be approved only if the application for rezoning is approved.
(Ord. 2021-46. Passed 10-25-21.)
1341.70 FACTORS TO CONSIDER WHEN REVIEWING PROPOSED AMENDMENTS.
(a) Zoning Text Amendments. When a proposed amendment would result in a change in the text of this Planning and Zoning Code but would not result in a change of zoning classification of any property on the zoning map, the Planning Commission and City Council shall consider the following items when formulating its decision:
(1) Whether such change is consistent with the intent and purposes of this Planning and Zoning Code;
(2) Which areas are most likely to be directly affected by such change and in what way they will be affected; and
(3) Whether the proposed amendment is made necessary because of changed or changing conditions in the areas of zoning districts affected or in the City generally, and, if so, the nature of such changed or changing conditions.
(b) Zoning Map Amendments. When a proposed amendment would result in a change of zoning classification of any property, the Planning Commission and City Council shall consider the following items when formulating its decision:
(1) The change in classification would:
A. Be consistent with any Comprehensive Plan of the City or other adopted plans and policies.
B. Be consistent with the intent and purposes of this Planning and Zoning Code.
C. Not single out a small area for different treatment from that afforded to the surrounding land which is similar in character.
D. Correct an error in the application of this Planning and Zoning Code as applied to the subject property.
(2) The proposed amendment is made necessary because of changed or changing conditions in the area affected.
(3) The uses that would be permitted on the property if it were reclassified would:
A. Be compatible with the uses permitted on other property in the immediate vicinity.
B. Not have an adverse environmental or health impact on the immediate surrounding area in terms of acceptable air, noise, light, or water quality standards.
(Ord. 2021-46. Passed 10-25-21.)
1341.80 CURRENT RECORD OF TEXT AND MAP.
The Building Commissioner shall maintain a permanent and current record of the Zoning Ordinances showing all amendments to the text and map.
(Ord. 2021-46. Passed 10-25-21.)
1343.10 COMPLIANCE WITH THIS ZONING ORDINANCE.
All public officials of the City of Wickliffe, Ohio, vested with the duty and authority to issue legal documents, shall not issue permits or certificates for any building or use that would result in conflict with provisions of this Zoning Ordinance. However, should such a permit or certificate in conflict with the provisions of this Zoning Ordinance be issued, it shall be deemed null and void, unless it would operate to the prejudice of an owner who has acted in good faith in reliance thereon.
(Ord. 1961-103. Passed 12-29-61.)
(Ord. 1961-103. Passed 12-29-61.)
1343.20 RELATION TO OTHER REGULATIONS.
In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.
(a) Except as specifically herein provided, the provisions of this Zoning Ordinance shall not annul or in any way interfere with existing deed or plat restrictions, codes, laws, rules, regulations or permits previously adopted or issued.
(b) Where this Zoning Ordinance is more restrictive as to the use of buildings or land, and/or limits the height or bulk of buildings, or requires larger areas and yards than are required by other deed or plat restrictions, codes, laws, ordinances, rules or regulations, this Zoning Ordinance shall govern; and conversely, other regulations shall govern where they are more restrictive in nature than this Zoning Ordinance.
(c) This Zoning Ordinance shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land, easements or other agreements between parties.
(Ord. 1961-103. Passed 12-29-61.)
1343.30 SEPARABILITY.
If any provision, or the application of any provision, of this Zoning Ordinance or amendments thereto is declared to be invalid by a judicial decision of a court of competent jurisdiction, the effect of such determination shall be limited to that provision or provisions expressly stated to be invalid, and such determination shall not affect, impair or nullify this Zoning Ordinance as amended as a whole or any other part thereof.
(Ord. 1961-103. Passed 12-29-61)
1343.40 BUILDINGS UNDER CONSTRUCTION.
Buildings for which permits have been issued as of the effective date of this Zoning Ordinance may be completed if construction is commenced within ninety days after such effective date and if completed within two years, notwithstanding the fact that such construction may not in all respects be in compliance with the provisions hereof.
(Ord. 1961-103. Passed 12-29-61.)
1345.10 INTENT.
The following terms shall have, throughout this text, the meaning given herein:
(a) The word "shall" is to be interpreted as mandatory and not directory. The word "may" is permissive.
(b) The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for" or "occupied for".
(c) All words used in the singular include the plural, and all words used in the present tense include the future tense, unless the context clearly indicates the contrary.
(d) The term "such as" shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative.
(e) The word "City" means the City of Wickliffe, Ohio. The term "Commission" means the City Planning Commission of Wickliffe. The term “Board” means the Board of Zoning Appeals of Wickliffe. The term "legislative body" means the City Council of Wickliffe. (Ord. 1961-103. Passed 12-29-61.)
1345.20 AREAS.
(a) "Area of buildings" means the area at the ground level of the main building and all accessory buildings (excluding porches, terraces and steps) measured from the outside surface of exterior walls.
(b) "Area of lot" means the total horizontal area within the boundary lines of a zoning lot.
(Ord. 1961-103. Passed 12-29-61.)
(Ord. 1961-103. Passed 12-29-61.)
1345.21 AUTOMOTIVE: GARAGES, PARKING AREAS, SERVICE STATIONS, SALE OF USED MOTOR VEHICLES.
(a) "Private garage" means an accessory building or part of the main building, used for the parking or temporary storage of occupants' passenger automobiles, and in which no occupation, business or service may be conducted for remuneration.
(b) "Storage garage" means an accessory building or part of the main building, other than private garage, used for the parking or temporary storage of automobiles or trucks, and in which no occupation, business or service may be conducted for remuneration.
(c) "Repair garage" means a main or accessory building in which general repair work is performed or is designed to be used for performance of work on motor vehicles.
(d) "Service garage" means a repair garage accessory to an automobile salesroom.
(e) "Accessory parking area" means an open or enclosed area, other than a street or driveway, accessory to a dwelling or other building, and used only for the parking of passenger automobiles for occupants, their guests or customers, of such building.
(f) "Public parking area" means an open or enclosed area, other than an accessory parking area, used only for parking of passenger automobiles and pick-up trucks not exceeding one-half ton capacity, with or without a fee.
(g) "Gasoline service station" means a building and land, including pumps, tanks and equipment, for retail sale of gasoline, lubricants, batteries, tires and other automobile accessories, and retail sales of food, candy, cigarettes, cigars, ice and beverages (provided no alcoholic beverages are sold) and limited to performing minor services, installations and repairs.
(h) "Sale of used motor vehicles" means the sale of used motor vehicles where more than one vehicle is for sale on the same parcel of land. (Ord. 1983-30. Passed 5-9-83.)
1345.22 BUILDINGS AND STRUCTURES.
(a) "Structure" means that which is constructed, located more or less permanently on the ground or permanently attached to something located on the ground; and
(1) Includes: buildings, barriers, bridges, bulkheads, chimneys, crane-runways, coal bunkers, fences, outdoor seating facilities, pipe racks, platforms, pools, tanks, tents, towers, transformer substations, sheds, signs, stacks and walls, satellite dish earth stations, solar panels, windmill generators, porches, decks and patios; but
(2) Excludes: trailers and other vehicles whether on wheels or other supports.
(b) "Building" means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines, and used as a shelter or enclosure for persons, animals and/or property. This term shall be used synonymously with "structure" unless otherwise noted, and shall be construed as if followed by the words "part or parts thereof".
(c) "Main building" means the building occupied by the principal use or activity on, or intended for the premises, all parts of which building are connected in a substantial manner by common walls and a continuous roof.
(d) "Accessory building" means a subordinate building detached from, but located on the same zoning lot as the main building, the use of which is customarily incident to that of the main building or use.
(e) "Building line" (synonymous with setback line) means a line established by this Zoning Ordinance, generally parallel with and measured from a front lot line, defining the limits of a front yard in which no building or structure above ground may be located, except as otherwise provided herein.
(f) "Completely enclosed building" means a building separated on all sides from the adjacent open space or from other buildings, enclosed by a permanent roof and by exterior walls or party walls, pierced only by windows and doors.
(g) "Detached building" means a building surrounded by open space.
(h) "Basement" means a story or space with a floor level more than two feet below adjoining ground, but having less than half its clear height below adjoining ground.
(i) "Cellar" means a space having half or more than half of its clear height below adjoining ground.
(j) "Porch" means an unenclosed covered entrance or exit to a building with a separate roof and large enough to serve as an outdoor seating space.
(k) "Deck" means a flat floored area more than eight inches above grade, located near or adjoining a building or above-ground swimming pool, with or without a roof.
(l) "Patio" means a recreation area located near or adjoining a building paved with concrete, or covered with supported wood flooring both no more than eight inches above grade line, adapted to outdoor living, with or without a roof.
(Ord. 1988-21. Passed 4-11-88.)
1345.23 DWELLINGS AND OTHER LIVING ACCOMMODATIONS.
(a) "Dwelling unit" means a space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for bathing and toilet facilities, all used by only one family.
(b) "Dwelling" means a building designed or occupied exclusively for nontransient residential use, including one-family, two-family or multi-family buildings.
(c) "One-family dwelling" means a building consisting of one dwelling unit only, detached or separated from other dwelling units by open spaces.
(d) "Two-family dwelling" means a building consisting of two dwelling units which are either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances, including duplexes and flats.
(e) "Multi-family dwelling" means a building consisting of three or more dwelling units with varying arrangements of entrances and party walls, including apartment house and row house.
(1) "Row house" means a multi-family dwelling comprised of dwelling units attached in a row or group, having party walls, and each unit having at least one separate outside entrance.
(2) "Apartment building" means a multi-family dwelling comprised of three or more dwelling units (apartments) arranged side by side and/or one above the other, and each having a separate entrance or entrances connected to a common outside entrance or entrances.
(f) "House trailer" means a self-propelled or nonself-propelled vehicle so designed, constructed or added to by means of accessories in such a manner as will permit the use and occupancy therein for human habitation, whether resting on wheels, jacks or other foundations and used or so constructed as to permit its being used as a conveyance upon the public highways.
(g) "Hotel or motel" means a building containing living and sleeping accommodations (excluding cooking facilities within rental unit) for transient occupancy for compensation; and to allow accessory uses separately in the building, such as sale, serving and consumption of food and beverages, recreational facilities and meeting, lecturing and occasional retail sales rooms. Rental of living and sleeping rooms for business of buying or selling of any type of new or used products, merchandise or any service is prohibited.
(Ord. 1983-31. Passed 5- 9-83.)
1345.24 FAMILY.
"Family" means either an individual, two or more persons who live together in one dwelling unit and maintain a common household, related by blood, marriage or adoption; or not more than three persons not related by blood, marriage or adoption.
(Ord. 1961-103. Passed 12-29-61.)
1345.25 GRADES.
(a) "Established street grade" means the elevation established by the City, at the roadway center line or curb in front of the lot.
(b) "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(c) "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(Ord. 1961-103. Passed 12-29-61.)
1345.26 HEIGHT OF BUILDING.
"Height of building" means the vertical distance measured from the highest point of the coping of a flat roof, or the vertical distance measured from the mean level between the eaves and ridge of a pitched roof; each of which is measured to the average finished grade across the front of the building.
(Ord. 1961-103. Passed 12-29-61.)
1345.27 HOME OCCUPATIONS AND PROFESSIONAL OFFICES.
(a) "Home occupation" means a gainful occupation incidental and secondary to the use of the dwelling for residential purposes, conducted wholly within a dwelling, only by members of the resident family as set forth in Section 1309.23(e).
(b) "Home professional office" means an office, secondary to and located in the dwelling occupied by a person practicing the recognized professions as set forth in Section 1309.23(d).
(Ord. 1961-103. Passed 12-29-61.)
1345.28 LOADING SPACE.
"Loading space" means an open or enclosed space, other than a street, used for the temporary parking of a commercial vehicle being loaded or unloaded.
(Ord. 1961-103. Passed 12-29-61.)
1345.29 LOT.
(a) "Lot of record" means land designated as a separate parcel on a plat, map or deed in the records of Lake County, Ohio,
(b) "Zoning lot" means a tract of land abutting a street, occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces as are required by this Zoning Ordinance. A zoning lot may or may not coincide with a lot of record, and may comprise more than one contiguous parcels. Unless the context clearly indicates the contrary, the term "lot" is used synonymously with "zoning lot" throughout this Zoning Ordinance.
(c) "Corner lot" means a lot abutting on two streets at their intersections, where the interior angle of intersection is not more than 135 degrees.
(d) "Interior lot" means a lot other than a corner lot or through lot.
(e) "Through lot" means a lot which has two street lines opposite each other, and which are parallel, or within forty-five degrees of being parallel, to each other.
(f) "Lot line" means the boundary of a lot separating it from a public street or adjoining public or private land.
(g) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street, except when lot lines abutting streets are of equal length, the front lot line shall be considered on the street having the longest frontage within the same block. Unless the context clearly indicates the contrary, the term "front lot line" is synonymous with "street line".
(h) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line.
(i) "Side lot line" means a lot line which is neither a front nor rear lot line.
(j) "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.
(k) "Lot width" means the horizontal distance of a lot measured along the building line at a right angle to the mean lot depth line. (Ord. 1961-103. Passed 12-29-61.)
1345.30 NONCONFORMING BUILDING, LOT AND USE.
(a) "Nonconforming building" means a building existing lawfully at the time this Zoning Ordinance, or an amendment thereto, became effective but which does not conform to the area, height or bulk of building regulation or yard regulations of the district in which it is located.
(b) "Nonconforming lot" means a lot existing lawfully at the time this Zoning Ordinance, or an amendment thereto, became effective but which does not conform to the lot area, width or access requirements of the district in which it is located.
(c) "Nonconforming use" means the use of a building or land existing lawfully at the time this Zoning Ordinance, or an amendment thereto, became effective, but which does not conform to the use regulations, off-street parking and loading requirements or performance standards of the district in which it is located.
(Ord. 1961-103. Passed 12-29-61.)
1345.31 OCCUPANCY CERTIFICATE.
"Occupancy Certificate" means an official statement asserting that a given building, other structure or parcel of land is in compliance with the provisions of all existing ordinances, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon.
(Ord. 1961-103. Passed 12-29-61.)
1345.32 PERFORMANCE STANDARD.
"Performance standard" means a criterion established to control enclosure, dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
(Ord. 1961-103. Passed 12-29-61.)
1345.33 SIGN.
"Sign" means a structure or part thereof, or any device attached to a structure or painted or represented directly or indirectly on a structure, which shall display or include any letter, work, model, banner, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement.
(Ord. 1961-103. Passed 12-29-61.)
1345.34 STREET.
(a) "Street" means an existing public way shown upon a plat heretofore approved by official action and duly filed and recorded and affording the principal means of access to abutting property.
(b) "Alley" means a street providing service to the rear or side of a lot abutting also on other streets.
(Ord. 1961-103. Passed 12-29-61.)
1345.35 USE.
(a) "Use" means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied; or any occupation, business, activity or operation carried on in a building or other structure or on land.
(b) "Main use" means the principal purpose of, or activity in a building, other structure or land.
(c) "Accessory use" means a use, located on the same zoning lot with the main use of building or land, but incidental to the main use of main building or land.
(d) "Conditional use" means an uncommon or infrequent use which may be permitted in specific districts, subject to the compliance with certain standards and explicit conditions, and the granting of a Conditional Use Permit.
(Ord. 1961-103. Passed 12-29-61.)
1345.36 VARIANCE.
"Variance" means an adjustment of this Zoning Ordinance, permitted in instances where a literal application of these provisions would result in undue hardship as a result of some peculiar or unique condition or circumstance pertaining only to the zoning lot in question. (Ord. 1961-103. Passed 12-29-61.)
1345.37 YARDS AND COURTS.
(a) "Yard" means that portion of the open area on a zoning lot extending between a building and the nearest lot line, open and unobstructed from the ground upward except for projections as permitted in this Zoning Ordinance.
(b) "Front yard" means the yard extending from the front wall of the building to the front lot line across the full width of the lot. It shall be measured from the existing right-of-way line or from a planned right-of-way line established on a duly adopted street plan or by ordinance.
(c) "Rear yard" means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot.
(d) "Side yard" means the yard extending between a side lot line and the nearest wall of the building, and from the front yard to the rear yard; provided, that for a corner lot, the side yard extends from the front yard to the rear lot line on the street side.
(e) "Required yard" means the minimum yard required between a lot line and a building line in order to comply with the regulations of the district in which the zoning lot is located.
(f) "Court" means an open space other than a yard, bounded on two or more sides by exterior walls of the building, or bounded by exterior walls of a building and lot lines.
(Ord. 1975-46. Passed 11-24-75.)