Willoughby City Zoning Code
CHAPTER 1169
Supplemental Regulations Pertaining to All Districts
1169.01 FRONT YARDS ON PARTIALLY BUILT-UP BLOCKS.
For any undeveloped lot located between two successive intersecting streets occupied by buildings prior to the effective date of this Zoning Code, the required minimum front yard setback shall be the average of the aggregate setbacks of buildings conforming in type and use for the district and located within 100 feet of either side of the undeveloped lot. In no event, however, shall the resulting front yard setback be less than two-thirds of the front yard depth requirements of Section 1131.06(a) .
(Ord. 1997-117. Passed 9-16-97; Ord. 1999-169. Passed 10-19-99.)
1169.02 TEMPORARY STRUCTURES.
Offices, storage buildings, signs and other temporary structures for use by contractors shall be permitted in any district, provided a building permit has been obtained for the principal work. Such structures shall be removed within thirty days after completion of work on the premises or if construction is not pursued diligently.
(Ord. 1997-117. Passed 9-16-97.)
1169.03 TEMPORARY LIVING SPACE.
Temporary living space, such as basements, sheds, garages, vehicles, recreational vehicles, and other nondwelling structures, shall not be located on lots or occupied for dwelling purposes. Manufactured homes shall only be located on a lot in a Manufactured Home Park District. Any such structure existing prior to the effective date of this Planning and Zoning Code, or amendment thereto, and now a nonconforming use, shall not be expanded by adding units or further expanding the site as recorded on the property maps dated May 18, 1953. A dwelling, however may be temporarily occupied on or above the ground floor before it is completed, provided that:
(a) The exterior of the dwelling is enclosed, the exterior surface, cornice and trim completed, the excavations backfilled and the yard rough graded;
(b) The plumbing, heating, and electrical wiring is installed, enclosed and complies with all the requirements of the Building Code; and
(c) The walls and ceilings of the rooms which are to be occupied are covered with the basic wall material.
If the Building and Zoning Inspector finds the dwelling complies with the above requirements, he may issue a temporary certificate of occupancy for a period not to exceed six months.
(Ord. 1997-117. Passed 9-16-97.)
(Ord. 1997-117. Passed 9-16-97.)
1169.04 TEMPORARY RETAIL ACTIVITIES.
Temporary retail activities, such as sales of plants, flowers, arts and crafts, and temporary inventory reduction or liquidation sales shall be permitted in compliance with the following regulations.
(a) Residential Districts: In Residential Districts, the Building and Zoning Inspector may authorize a permitted or conditional use to conduct a temporary retail activity including carnivals and festivals on private property so long as such activity is limited in duration to no more than three days. Any such activity or festival that is intended to last for a longer duration shall be approved by the Planning Commission as a conditional use.
(b) Business, Commercial and Industrial Districts. In Business, Commercial and Industrial Districts, temporary retail activities shall comply with the following:
(1) Temporary retail activities which extend for a period no longer than three days shall be authorized by the Building and Zoning Inspector.
(2) Temporary retail activities which extend for more than four days but no longer than sixty days shall be approved by an administrative board comprised of the Mayor, Building Commissioner, and City Engineer.
(3) Temporary retail activities which extend for a period longer than sixty days shall be approved by the Planning Commission as a conditional use. Regardless of the duration of the temporary retail activity, in all cases the owner of the property on which the activity is to be conducted shall sign the permit application.
(c) Activities On Public Property. A temporary retail activity may be conducted on property which is publicly owned so long as the owner of such public property files with the application for such event a written consent to the activities proposed on its property. However, such activities shall not be conducted in the public right-of-way unless the appropriate license is obtained from the City.
(Ord. 1997-117. Passed 9-16-97.)
1169.05 EXCEPTIONS TO HEIGHT LIMITATIONS.
Principal buildings shall be erected, altered, moved or maintained in accordance with the maximum height regulations established for each district, except that radio or television antennae, chimneys, and other permitted accessory mechanical appurtenances located upon and constituted as an integral part of the principal building may be erected to a height not to exceed fifteen feet above the rooftop, except that such appurtenances shall not exceed a height of thirty-five feet above grade if located less than one-half mile from the perimeter of the airport.
(Ord. 1997-117. Passed 9-16-97.)
1169.06 VISIBILITY AT INTERSECTIONS.
On every corner lot there shall be no material impairment to visibility (whether by the location of structures including fences, landscaping or other means) between a height of two and one-half feet and a height of eight feet above the natural grade, within the triangle formed by the right-of-way lines of two intersecting streets, and a line drawn between two points, one on each such right-of-way line, each twenty-five feet from the point of intersection of such right-of-way lines.
Figure 5. Visibility Triangle
(Ord. 1997-117. Passed 9-16-97.)
1169.07 ARCHITECTURAL PROJECTIONS.
The following building features may project into required front and side yards of a building in accordance with Schedule 1169.07. Schedule 1169.07 sets forth the maximum distance which a building feature shall be permitted to project into a required front or side yard, and the minimum distance which a building feature shall be permitted to be located from a side lot line.
Architectural Projections
Projecting Features | Maximum Projection Into | Minimum Distance from Side Lot Line | Other Regulations | |
Front Yard | Side Yard | |||
(a) Belt courses, cornices, gutters, solid overhangs and chimneys balconies and bay windows. | 4 feet | 3 feet | 3.5 feet | Minimum distance from side lot line shall be increased 2 inches for each foot the feature exceeds 10 feet in length. |
(b) Fire-escapes and exterior stairways leading from a second floor of a converted building. | none | 4 feet | 4 feet | Shall be approved by the Planning Commission. |
(c) Solid shading device(1). | 4 feet | 3 feet | 2.5 feet | Minimum distance from side lot line shall be increased 1 inch for each foot the feature exceeds 10 feet in length. |
(d) Open shading device having more than 75% of its horizontal surface open | 12 feet | 10 feet | 2.5 feet | |
(1) Carports or other similar open structures used for vehicle storage shall comply with the regulations for garages for the district in which the structure is located. Breezeways and covered connections between a garage and a principal building, shall be considered part of the principal building and shall comply with the regulations for principal buildings for the district in which the structure is located. | ||||
(Ord. 1997-117. Passed 9-16-97.)
1169.08 SWIMMING POOLS AND HOT TUBS.
For the purpose of this Planning and Zoning Code, outdoor swimming pools and hot tubs shall be regulated according to the following:
(a) Every swimming pool (including existing pools and except those three feet or more in height above the surrounding ground and with retractable steps or ladders) shall be completely enclosed by a fence of sturdy construction not less than forty-five inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds eighteen inches, unless such pool is in use or is under the immediate observation of a responsible person. No part of any such fence shall be located in the front yard.
(b) Hot tubs shall either be secured with a locked cover or shall be entirely enclosed by a fence or wall of at least forty-five inches in height, measured from the level of the ground where located, and equipped with a self latching gate.
(c) This chapter and requirements contained herein shall be in addition to, and not in place of, any requirements of any other ordinance of the City pertaining to pool, swimming pool or hot tub construction and the location and/or construction of protective fencing.
(Ord. 1997-117. Passed 9-16-97; Ord. 2001-30. Passed 2-20-01.)
1169.09 ANTENNAS AND SATELLITE EARTH STATIONS. (REPEALED)
1169.10 PROHIBITED USES.
(a) The following uses are prohibited from locating in any district within the City.
(1) Commercial incineration.
(2) Distillation of bones, fat rendering, glue manufacture or refuse.
(3) Explosives or fireworks, manufacture or storage.
(4) Slaughterhouses, stock yards.
(5) Tanning, curing or storage of raw hides or skins.
(6) Trailer camps, tourist camps or cabin plot.
(7) Fish houses, live poultry sales; poultry killing where the main or principal business is the killing of poultry.
(8) Landfill operations.
(9) The crushing of raw or manufactured materials such as concrete, stone, glass, asphalt, aggregate or other similar materials.
(b) Any other use not specifically listed in the district regulations as either a permitted principal, conditional, or accessory use shall be a prohibited use in the appropriate zoning district and shall only be permitted upon rezoning of the land in question or the amendment of this Code as provided in Chapter 1115 or upon a finding that a use is substantially similar as provided in Section 1109.10.
(Ord. 1997-117. Passed 9-16-97.)