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Willoughby City Zoning Code

CHAPTER 1141

Business Districts

1141.01 PURPOSES.

   Business Districts and their regulations are established in order to achieve, among others, the following purposes:
   (a)   To provide in appropriate and convenient districts, sufficient areas for business activities, the exchange of goods and services;
   (b)   To protect residential neighborhoods adjacent to business uses by restricting the types of business, particularly at the common boundaries, which would create congestion, noise or other objectionable influences;
   (c)   To protect and stabilize both residential and business developments from congestion by requiring off-street parking facilities;
   (d)   To provide a Limited Residential Business (L-RB) District for the residential areas along Euclid Avenue near downtown that are undergoing change, in order to ensure that future non-residential development is compatible with the existing character of the area.
   (e)   To provide Office Building Districts (O-B) to promote accessible and visible office parks where offices are clustered with minimal intrusion from non-office uses;
   (f)   To provide a Downtown Business District (D-B) to preserve the downtown as a core for retail sales and to provide opportunities for supplemental housing that supports the downtown retail and, more specifically, is consistent with the evaluations or surveys of buildings that have been conducted by the City. It is the further purpose of this district to promote and enhance the existing compact pedestrian orientation of the Downtown by permitting buildings close to the street and to one another and modifying the parking regulations.
   (g)   To provide Retail Business Districts (R-B) for certain retail and personal service establishments in areas adjacent to residential neighborhoods that are not located at major intersections or on major streets, and to ensure that these areas are developed in a manner appropriate for locations abutting residential areas;
   (h)   To provide General Business Districts (G-B) for commercial services and activities in locations that are adequately served by major streets and other facilities and to encourage the grouping of businesses in shopping centers.
   (i)   To provide the Lakeshore Gateway District (L-G) for allowing and fostering an appropriate mix of commercial, retail and residential development and redevelopment opportunities in the north end of Willoughby.
   (j)   To promote the most desirable and beneficial use of the land in conformity with the Comprehensive Plan.
(Ord. 2020-21. Passed 2-18-20.)

1141.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, or maintained, in whole or in part, in Business Districts only for the uses permitted herein.
   (a)   Permitted Use Schedule Summary. Schedule 1141.03 enumerates those uses that may be located in a Business District as a matter of right as a principal use, uses that may be located in a given district upon obtaining review and approval as a conditional use, and uses that are considered to be accessory to a principal or conditional use.
      (1)   A use listed in Schedule 1141.03 shall be permitted as a principal use by right in a district when denoted by the letter "P" provided that all requirements of other City Ordinances and this Planning and Zoning Code have been met.
      (2)   A use listed in Schedule 1141.03 denoted by the letter "PS", is a use permitted by right as a principal use, provided that all requirements of other City Ordinances and this Planning and Zoning Code have been met, including the supplemental use-specific regulations set forth in Chapter 1155.
      (3)   A use listed in Schedule 1141.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1155 have been met. Conditional uses are subject to all other application regulations in this Code.
      (4)   A use listed in Schedule 1141.03 shall be permitted as an accessory use in a district when denoted by the letter "A". Such accessory uses are further regulated in subsequent sections, and shall be permitted as a subordinate building or use if it is clearly incident to and if located on the same zoning lot as the principal building or use.
      (5)   Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1115 or upon a finding that a use is substantially similar as provided in Section 1109.10.
   (b)   Compliance with Standards. Although a use may be indicated as a permitted principal, permitted conditional or permitted accessory use in a particular Business District, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.
   (c)   Reference to Use-Specific Regulations. The numbers contained in Schedule 1141.03 in the "Use-Specific Regulations Reference" column are references to additional standards and requirements that apply to the use type listed. The standards referenced apply in all zoning districts where the use is a use permitted by right or a conditional use, unless otherwise expressly stated.
      (Ord. 2020-21. Passed 2-18-20.)

1141.03 SCHEDULE OF PERMITTED USES.

LAND USE CATEGORY
Limited Residential Business L-RB
Office Building O-B
Downtown Business D-B
Retail Business R-B
General Business G-B
Lakeshore Gateway L-G
Use-Specific Regulations Reference
(1) RESIDENTIAL
(a) One Family Dwelling
P
PS
PS
(b) Attached one-family dwellings
PS
C
(c) Multi-family
C
PS
C
(d) Senior Citizen Housing
PS
C
(e) Work/Live units
C
1155.04(aaa)
(2) OFFICES
(a) Sales Office with only samples of products
P
P
P
P
(b) Offices; Administrative, Professional and Business
C
P
P/C
P
P
P
LAND USE CATEGORY
Limited Residential Business L-RB
Office Building O-B
Downtown Business D-B
Retail Business R-B
General Business G-B
Lakeshore Gateway L-G
Use-Specific Regulations Reference
(c) Medical Clinics/Urgent Care
C
P
C
(d) Research and Testing Laboratories
C
P
(3) RETAIL/SERVICES
(a) Retail in completely enclosed buildings
P
P
P
P
(b) Retail sales (controlled substances)
C
C
C
(c) Retail sales (electronic cigarettes and vaping devices)
C
C
C
(d) Retail sales (adult use cannabis dispensary)
C
C
(e) Limited Retail in an office building
C
(f) Financial institutions
P/C
P
P
P
(g) Automated Teller Machines
PS
PS
PS
PS
(h) Personal Services in completely enclosed buildings
P
P
P
P
(i) Restaurants
C
PS
PS
PS
PS
(j) Outdoor Dining
C
C
C
C
C
(k) Brew-Pub
C
C
C
(l) Micro-Brewery, Micro-Distillery, Micro-Winery
C
(m) Dance Floor/Entertainment in association with a permitted use
C
C
C
(n) Motels and Hotels
P
(o) Business Equipment and Supplies
P
(p) Funeral Home
C
C
C
C
LAND USE CATEGORY
Limited Residential Business L-RB
Office Building O-B
Downtown Business D-B
Retail Business R-B
General Business G-B
Lakeshore Gateway L-G
Use-Specific Regulations Reference
(q) Pet Shops
P
P
P
(r) Veterinary Offices and Animal Hospitals and Clinics
C
(s) Outdoor Storage and Display in association with a permitted use
C
(t) Drive in/Drive Thru Facility in association with a permitted use
C
C
C
(u) Bed and Breakfast
C
C
(v) Inn
C
(4) AUTO ORIENTED
(a) Gasoline Station
PS
C
(b) Car Wash
C
C
(c) Automobile Service Station
C
C
(d) Car Sales Agency
C
(e) Automobile/Truck Rental Agency
C
(f) Parking lots for noncommercial vehicles as principal use
C
C
C
(g) Parking garages as principal use
C
C
C
(5) ENTERTAINMENT/
RECREATION
(a) Indoor/Sports/Fitness Facility
C
C
P
C
LAND USE CATEGORY
Limited Residential Business L-RB
Office Building O-B
Downtown Business D-B
Retail Business R-B
General Business G-B
Lakeshore Gateway L-G
Use-Specific Regulations Reference
(b) Studios for instruction
C(a)
C
P
C
(c) Commercial Recreation, Indoor
C
C
C
C
(d) Commercial Recreation, Outdoor
C
(e) Theater
C
(f) Assembly Hall, meeting place, party center
C
C
C
(6) COMMUNITY SERVICES AND FACILITIES
(a) Libraries, Museums
C
C
C
P
P
P
(b) Places of Worship, public and private schools
C
C
C
P
P
C
(c) Public Safety Facility
C
C
C
C
C
C
(d) Child Day Care Center
C
C
C
C
C
(e) Adult Day Care Facility
C
C
C
C
(f) Hospital
C
(g) Assisted Living Facility
C
C
C
(h) Nursing homes
C
C
C
C
C
(i) Vocational, Trade or Technical School
C
(7) SIMILAR USES
C
C
C
C
(8) ACCESSORY USES
(a) Accessory parking garages and off-street parking areas
A
A
A
A
A
A
(b) Accessory building
A
A
A
A
A
A
 
LAND USE CATEGORY
Limited Residential Business L-RB
Office Building O-B
Downtown Business D-B
Retail Business R-B
General Business G-B
Lakeshore Gateway L-G
Use-Specific Regulations Reference
(c) Signs
A
A
A
A
A
A
(d) Trash receptacles
A
A
A
A
A
A
(e) Any accessory use that is incidental to the main use if planned and developed integrally with the main buildings, and having no injurious effect on the adjoining residential districts
A
P = Principal Use permitted by right S = Permitted with additional use-specific standards
C = Conditional Use A = Accessory Use
Blank Cell means the use is not permitted
(a) Except that when a studio for instruction occupies space above the first floor of a building such use shall be considered a permitted use.
(Ord. 2020-21. Passed 2-18-20; Ord. 2024-41. Passed 4-16-24; Ord. 2024-42. Passed 4-16-24; Ord. 2025-62. Passed 6-10-25.)

1141.04 LOT REQUIREMENTS.

   The minimum lot area, width and required open space of lots in Business Districts are specified in Schedule 1141.04.
 
L-RD
O-B
D-B
R-B
G-B
L-G(1)
(a) Minimum Lot Area
15,000 square feet
1 acre
none
1 acre
1 acre
none
(b) Minimum Lot Width
200 feet
200 feet
none
200 feet
200 feet
none
(c) Minimum Landscaped Open Space(2)
40%
25%
0
20%
20%
10%
NOTES TO SCHEDULE 1141.04:
(1) See Section 1141.13 for requirements pertaining to residential development.
(2) See also Section 1141.09 for landscaping requirements.
(Ord. 2020-21. Passed 2-18-20.)

1141.05 PRINCIPAL BUILDING YARD REQUIREMENTS.

   Every permitted use of land and structures shall be located on a lot in such a manner so as to create and preserve a front yard adjacent to each street on which such lot abuts, a side yard or yards and a rear yard conforming to the requirements of Schedule 1141.05. Each yard shall be unobstructed by a principal use or principal building, except as otherwise provided in this Code.
   (a)   No structure shall be erected in the front yard except as set forth in Section 1141.06 for parking, Section 1155.04(v) for gasoline pumps, Chapter 1163 for signs and screening and landscaping as required in Chapter 1179.
   (b)   Buildings having a height greater than thirty-five feet shall provide an additional ten feet of side and rear yard for every twelve feet of building height greater than thirty-five feet.
Schedule 1141.05
Minimum Required Front, Rear and Side Yards
 
Minimum Depth (in feet)
L-RB
O-B
D-B
R-B
G-B
L-G(1)
(a) Front yard(2)
40
40
0
40
40
20
(b) Side/Rear yard when yard abuts a non-residential district
20
20
0(3)
10
10
5
(c) Side/Rear yard when yard abuts a residential district(4)
40
40
20
40
40
20
NOTES TO SCHEDULE 1141.05:
(1)See Section 1141.13 for requirements pertaining to residential development.
(2) On corner lots, the minimum depth of the front yard adjacent to the side street shall be 40 feet, or the depth set forth in the table, whichever is the lesser.
(3) A building not sharing a common wall with an adjacent building shall maintain the minimum separation specified in the Building Code.
(4) Plus additional setback for buildings having a height greater than 35 feet as specified in Section 1141.05(b).
(Ord. 2020-21. Passed 2-18-20.)

1141.06 PARKING SETBACK REQUIREMENTS.

   Off-street parking and loading areas may be located within required front, rear and side yards provided such parking areas comply with the minimum setbacks, measured from the street right-of-way or property line, as specified in Schedule 1141.06.
Schedule 1141.06
Minimum Parking Setback Requirements
 
Minimum Depth (in feet)
L-RB
O-B
D-B
R-B
G-B
L-G
(a) Front yard
40
20
0
20
20
5
(b) Side/Rear yard when yard abuts a non-residential district
15(1)
15(1)
0
5(1)
5(1)
0
(c) Side/Rear yard when yard abuts a residential district
20
20
10
15
15
10
NOTES TO SCHEDULE 1141.06
(1) Elimination of the rear and side yard setbacks may be approved as a conditional use when property owners enter into a joint agreement and the on-site circulation and parking between the two or more lots are properly designed.
(Ord. 2020-21. Passed 2-18-20.)

1141.07 HEIGHT REGULATIONS.

   Except for appurtenances defined and regulated in Section 1169.05, the height of a building in any Business District shall not exceed thirty-five feet unless otherwise indicated below or on the Zoning Map.
   (a)   Principal buildings in the O-B District shall be permitted to be constructed to a height not exceeding sixty feet.
   (b)   Residential buildings in the D-B District may exceed the 35-foot maximum height limit in compliance with Section 1141.13(b)(5).
   (c)   The Planning Commission may grant conditional use approval for a building having a height greater than permitted in this section, according to the conditional use procedures set forth in Section 1109.05, with the further limitation that no building in the D-B District shall exceed a maximum height of fifty (50) feet.
(Ord. 2020-21. Passed 2-18-20.)

1141.08 ACCESSORY USE REGULATIONS.

   Accessory uses, buildings and structures permitted in any Business District shall conform to the regulations of this section.
   (a)   Accessory Buildings. Accessory buildings shall conform to all lot and yard regulations and development plan review and approval requirements of the zoning district in which the parcel or lot is located. The height of accessory buildings shall not exceed twenty feet, unless otherwise specified in this Code.
   (b)   Waste Receptacles. All solid waste products resulting from any permitted principal, conditional or accessory use shall either be disposed of, stored in buildings or completely enclosed in containers. Such building, container or dumpster may be located in a side or rear yard and shall comply with the minimum parking setbacks established in Schedule 1141.06.
   (c)   Fences and Walls. Fences and walls may be erected in any Business District provided they comply with the regulations of Section 1179.03.
   (d)   Off-Street Parking and Loading Regulations. Off-street parking and loading areas shall conform to the minimum parking setback requirements specified in Schedule 1141.06 and shall otherwise conform to the regulations of Chapter 1161.
   (e)   Signs. Signs shall be in compliance with the regulations specified in Chapter 1163. (Ord. 2020-21. Passed 2-18-20.)

1141.09 LANDSCAPING AND SCREENING REQUIREMENTS.

   Visual screening and landscape buffers shall be provided in accordance with the provisions set forth in Section 1179.03.
(Ord. 2020-21. Passed 2-18-20.)

1141.10 FIRST FLOOR OCCUPANCY IN DOWNTOWN BUSINESS DISTRICT CORE.

   In order to preserve the downtown as a pedestrian-oriented core for retail sales, it is essential to maintain an environment with first floor, street-level land uses that generate pedestrian activity, which contributes to a vibrant downtown. For that reason, uses in the D-B Downtown Business District, Sub-District A shall comply with the following:
   (a)   For the purposes of this Section, first floor space means the tenant space that is at street level.
   (b)   In the D-B Sub-District A, which is the Traditional Commercial Core along Erie Street, any use noted in Section 1141.03 Schedule of Permitted Uses as P/C in the D-B District requires a conditional use permit for a first floor location. Such use is allowed by right above the ground floor.
   (c)   In all other D-B Sub-Districts, a use noted in Section 1141.03 Schedule of Permitted Uses as P/C in the D-B District shall be allowed by right on the first floor as well as above the first floor.
   (d)   In reviewing a request for conditional use permit for non-retail first floor occupancy in the D-B Sub-District A, the Planning Commission shall determine that allowing the requested non-retail use is the only alternative to an on-going vacancy, as supported by the following:
      (1)   The applicant provides evidence that the tenant space has been vacant for more than six [6] months.
      (2)   The applicant has worked cooperatively with the City's Community Development Department during the six [6] month period to fill the first floor space with a use permitted by right.
   (e)   This section does not apply to residential uses, which are regulated in Section 1141.13 .
      (Ord. 2020-21. Passed 2-18-20.)

1141.11 CONVERSION OF RESIDENTIAL BUILDINGS.

   The conversion of any building into a dwelling, or the conversion of any dwelling so as to increase the number of dwelling units, or the conversion of any residential building to accommodate a business use shall be permitted only within a district in which a new building of similar occupancy would be permitted under this Planning and Zoning Code, and only when the resulting occupancy will comply with the requirements governing new construction, for the entire building, in such district.
(Ord. 2020-21. Passed 2-18-20.)

1141.12 DEVELOPMENT PLAN REVIEW.

   (a)   Any new construction of a permitted principal, conditional, or accessory use, or any existing or previously approved development which proposes to expand the floor area, or any change in use which requires a modification in the amount of parking or the site's circulation requires the submission and approval of a development plan pursuant to Section 1109.04.
   (b)   All development shall comply with the design standards and guidelines set forth in Chapter 1181.
(Ord. 2020-21. Passed 2-18-20.)

1141.13 RESIDENTIAL DEVELOPMENT/USE STANDARDS IN BUSINESS DISTRICTS.

   (a)   Residential Development in the Limited Residential Business (L-RB) District. All residential development in the L-RB District shall comply with the provisions of this Chapter.
   (b)   Residential Development in the Downtown Business (D-B) District. For the purposes of regulating residential development in the D-B District in a manner consistent with purposes of this Chapter, the Downtown Business District is divided into five (5) sub-districts, as designated on the official zoning map for the City of Willoughby. All residential developments in the D-B District shall comply with the provisions of this Chapter unless standards or provisions are otherwise specifically altered by the provisions of the sub-districts below:
      (1)   Sub-District A, Traditional Commercial Core along Erie Street. Residential dwelling units shall only be permitted above the first floor of any existing or proposed building.
      (2)   Sub-District B, Adjacent to Single Family Zoning Districts. Residential dwelling units are permitted on any and all floors.
      (3)   Sub-District C, Adjacent to Single Family Zoning Districts and Comprises Historic Buildings to be Preserved with Design Flexibility. Residential dwelling units are permitted on any and all floors. However, buildings in this sub-district are designated to be "preserved with flexibility." The Design Review Board and the Planning Commission shall work with applicant to balance the historic preservation objectives with the functional and economic needs of the development and the benefits of the renovation to the vitality of downtown.
      (4)   Sub-District D, Historic Buildings to be Preserved. Residential dwelling units are permitted on any and all floors. However, when considering residential use of existing buildings, the Planning Commission will rely on the recommendations of the Design Review Board pursuant to the authority and procedures in Chapter 1347.
         A.   For the buildings designated to be "preserved in their original state," (sub-district D-1) the authority and procedures of Chapter 1347 shall be utilized in order to give maximum assurance that these building will be so preserved.
         B.   For buildings designated to be "preserved with design flexibility, " (sub-district D-2) the Design Review Board and the Planning Commission shall work with the applicant to balance the historic preservation objectives with the functional and economic needs of the development and the benefits of the renovation to the vitality of downtown.
      (5)   Sub-District E, All Other Locations. Residential dwelling units are permitted on any and all floors of a building and new construction may occur to a maximum height of thirty-five (35) feet , subject further to any modifications under 1141.07.
   (c)   Residential Development in the Lakeshore Gateway District. All residential development in the Lakeshore Gateway District shall comply with the following provisions.
      (1)   One-Family Dwelling. A lot-of-record that was owned separately from adjoining lots on the effective date of this Planning and Zoning Code may be developed with a one-family dwelling in compliance with the following standards:
         A.   Minimum Front Yard: twenty (20) feet, except as otherwise required in Section 1131.08.
         B.   Minimum Side Yard: five (5) feet.
         C.   Minimum rear yard: ten (10) feet.
         D.   All other requirements set forth for one-family dwellings in the R-50 District in Chapter 1131 that are not addressed in this Section 1141.13.
      (2)   Multi-family Development. Multi-family development may be permitted as a conditional use in compliance with the following:
         A.   The density shall not exceed eight (8) dwelling units per acre.
         B.   Lot coverage shall not exceed sixty percent (60%).
         C.   Multi-family buildings shall comply with the building setback and parking setback requirements set forth in Sections 1141.05 and 1141.06 respectively.
         D.   The minimum distance between buildings on the same lot shall be ten (10) feet.
         E.   Multi-family buildings shall comply with all other requirements for multi-family dwellings set forth in the R-MF Low -Rise District in Chapter 1135 that are not addressed in this Section 1141.13.
            (Ord. 2020-21. Passed 2-18-20.)