Willoughby Hills City Zoning Code

TITLE ELEVEN

Supplemental Development Standards

1153.01 PURPOSE.

Off-street parking regulations are established to achieve, among others, the following:

(a) To relieve congestion so streets can be utilized more fully for movement of vehicular traffic;

(b) To promote the safety and convenience of pedestrians and shoppers by separating parking areas and extensive car movements in the vicinity of pedestrian ways;

(d) To promote the general convenience, welfare and prosperity of residential, business, service and manufacturing developments which depend on off-street parking facilities; and,

(e) To provide regulations and standards for the development of accessory off-street parking and loading facilities in accordance with objectives of the Master Plan and codes of the City.

(Ord. 2006-35. Passed 5-25-06.)

1153.02 PARKING FACILITIES REQUIRED.

Accessory off-street parking facilities, including access driveways, shall be provided prior to the occupancy of a building or use. Facilities shall be provided for the entire building or use in accordance with the regulations contained in this Chapter whenever:

(a) A building is constructed or a new use is established.

(b) The use of an existing building is changed to a use requiring more off-street parking facilities.

(c) An existing building is altered and there is an increase in seating capacity, floor area of the building, or number of employees.

(Ord. 2006-35. Passed 5-25-06.)

1153.03 UNITS OF MEASURE.

In computing the number of parking spaces required by this Planning and Zoning Code, the following rules shall apply:

(a) Floor Area. Where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used, unless specifically noted otherwise.

(b) Seats. Where seating capacity is the standard for determining parking spaces, the capacity shall mean the number of seating units installed or indicated, or one seat for each 24 lineal inches of benches or pews. When fixed seats are not indicated, the capacity shall be determined as being one seat for each 20 square feet of floor area of the assembly room.

(c) Employees. Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees on any two successive shifts.

(d) Fractional Numbers. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.

(e) Parking for Mixed Uses. Where a building or group of buildings contains two (2) or more uses, normally operating during the same hours, the number of parking spaces for each use shall be computed separately and the total spaces provided shall not be less than the sum of the spaces required for each use, except as otherwise provided for in this Chapter.

(Ord. 2006-35. Passed 5-25-06.)

1153.04 OFF-STREET PARKING STANDARDS.

The number of off-street parking spaces for each facility or use shall be determined by application of the standards set forth in Schedule 1153.04. For a use not specified in this Schedule, the Planning and Zoning Commission shall apply the standard for a specified use that the Commission determines to be most similar to the proposed use.

Schedule 1153.04

Required Off-Street Parking Spaces

Principal Building or Use	Minimum Spaces Required (1)
(a) Residential Uses:
(1) Single-family detached dwelling	2 enclosed parking spaces per dwelling unit
(2) Single-family attached dwelling (townhouse)	2 parking spaces per dwelling unit, 1 enclosed
(3) Two-family dwelling	2 parking spaces per dwelling unit 1 enclosed
(4) Upper floor apartments in Commercial Districts	1 space per dwelling unit
(5) Multi-family dwelling	2 spaces per dwelling unit, plus parking for visitors at the rate of 1 space for every 4 dwelling units
(6) Congregate care facilities, nursing home	1 space per 2 beds of maximum capacity
(7) Adult care facility and residential facility	1 space per 2 beds of maximum capacity
(b) Community/Educational Facilities
(1) Auditorium, assembly hall, membership, club, conference center	1 space for every 4 seats in assembly hall, plus 1 space per 50 square feet in dining room
(2) Church or other place of worship	1 space for every 4 seats in principal meeting room
(3) Elementary, junior high	2 spaces per classroom plus 1 space for every 4 seats in the largest auditorium or assembly room
(4) High school	1 space for every teacher, employee and administrator, plus 1 space per 7 students, plus 1 space for every 4 seats in the largest auditorium or sports arena
(5) Kindergarten, nursery school, child or adult day care center	2 spaces per classroom but not less than 6 spaces for the building
(6) Library, cultural institution, or similar public building	1 space per 250 square feet of floor area
(7) School, commercial, business, or trade	1 space for every 3 students
(8) Studios for instruction	1 space for every 3 students
(c) Office, Professional Services
(1) Banks, financial institutions	1 space per 250 square feet of floor area
(2) Business, professional and administrative offices (excluding medical and dental)	1 space per 300 square feet of floor area

Principal Building or Use	Minimum Spaces Required (1)
(c) Office, Professional Services (CONT.)
(3) Hospital	1 ½ space for every 2 beds
(4) Scientific research, development, training and testing facilities	1 space per 400 square feet of floor area
(5) Medical, dental office and/or clinic, including urgent care clinic	1 space per 200 square feet of floor area
(d) Restaurants/Retail/Personal Services
(1) Beauty, barber and nail shops	2 spaces per beauty, barber or nail chair
(2) Commercial plant nursery, greenhouse	1 space per 400 square feet of sales floor area
(3) Funeral home	1 space per 50 square feet of floor area of sitting or service rooms, plus one space for each vehicle maintained on the premises
(4) Hotel, motel, bed and breakfast establishment	1 1/4 space per guest room or unit
(5) Hotel retail shop, dining room or meeting room	1 space per 125 square feet of floor area
(6) Restaurant (including bars/taverns)--Table Service	1 space per 50 square feet of floor area, or 1 space for every 2 seats, whichever is greater
(7) Retail store	1 space per 250 square feet of floor area
(8) Service establishment, business	1 space per 250 square feet of floor area
(9) Service establishment, personal (except as otherwise regulated in this Section)	1 space per 250 square feet of floor area
(10) Veterinary office, animal hospital, and kennel	1 space per 400 square feet of floor area
(11) All other commercial uses	1 space per 250 square feet of floor area
(e) Entertainment-Recreation
(1) Bowling alley	4 spaces per bowling lane, plus 1 space per 100 square feet of floor area used for a restaurant or lounge
(2) Commercial recreation, indoor (theaters, sports arenas, dance halls)	1 space for every 4 seats, plus 1 space per 50 square feet of floor area used for a restaurant

Principal Building or Use	Minimum Spaces Required (1)
(e) Entertainment-Recreation (CONT.)
(3) Commercial recreation, outdoor	1 space per 250 square feet of recreation area
(4) Golf course	6 spaces per hole, plus 1 space per every 2 seats in restaurant area
(5) Health club	1 space per 200 square feet of exercise area, including locker and equipment rooms
(6) Miniature golf	2 spaces per hole
(7) Skating rink	1 space per 100 square feet of floor area (including lounging and spectator area)
(8) Swimming pools (not associated with residences)	1 space for every 5 persons based on pool capacity
(9) Tennis courts	4 spaces per court
(f) Automotive Uses
(1) Automotive service station	2 spaces per service bay
(2) Car wash	1 space for every employee
(3) Gasoline station/pumps	1 space per employee
(4) Sales, service, repair and/or storage of farm implement, construction equipment, recreation vehicles, or other large equipment	1 space per 400 square feet of floor area of sales room, plus 2 spaces for each service bay
(5) Vehicle repair garage, motor vehicle body shop	2 spaces per service bay
(g) Warehousing and Manufacturing Uses
(1) Distribution, warehouse facility, and wholesale business	1 space per 800 square feet of floor area
(2) Light manufacturing, assembly	1 space per 400 square feet of floor area
(3) Self-storage facility, indoor	1 space per 400 square feet of floor area
(4) Transport and truck terminal	1 space for every 2 employees
(5) All other industrial uses	1 space per 400 square feet of floor area
(1) A minimum of five (5) spaces is required for each facility other than a single-family detached dwelling, single-family attached dwelling or two-family dwelling.

(Ord. 2006-35. Passed 5-25-06.)

1153.05 ALLOWANCE FOR SHARED PARKING.

Parking spaces that are designed and developed to comply with the requirements for one building or use shall not be counted as fulfilling the parking requirement of another building or use except as specifically permitted in this Section. The Planning and Zoning Commission may approve a development plan with a reduction in the number of parking spaces required if it can be shown that the lesser number of spaces is appropriate and consistent with these regulations and when it is determined that:

(a) In a project with more than one use or a single-use project for which the different components of the use have varying peak demands, the uses can be adequately accommodated with a lesser number of parking spaces than that which is required based on the sum of the various uses computed separately.

(b) The required parking spaces for a proposed use can be accommodated on an adjacent or nearby site in compliance with Section 1153.07 (d), Location of Required Parking Spaces, provided that binding, recorded agreements are made between the business owners and property owners of uses that are not normally open, used or operated during the same hours to ensure the perpetual joint use and maintenance of such shared parking areas and the continuance of such upon transfer of ownership. The binding agreement shall specify the parking spaces that shall be shared. In such case, not more than 50 percent of the required parking spaces shall be shared. (Ord. 2006-35. Passed 5-25-06.)

1153.06 DEFERRED CONSTRUCTION OF REQUIRED SPACES.

If the number of parking spaces required in Schedule 1153.04 is substantially larger than the number anticipated by the applicant and the applicant provides sufficient evidence that supports the reduced parking needs, a development plan may be approved with an allowance for the construction of a lesser number of parking spaces provided that:

(a) The total number of spaces initially constructed shall not be less than 70 percent of the spaces required by Schedule 1153.04, Required Off-street Parking Spaces.

(b) Suitable area(s) are reserved for the construction of the balance of the total number of spaces otherwise required by Schedule 1153.04. Such suitable areas shall be illustrated on the development plan in locations and with landscaping in full compliance with this Planning and Zoning Code. Such areas shall not be counted towards any open space requirement set forth in this Planning and Zoning Code.

(c) The Planning and Zoning Commission, upon reevaluation of the project's parking needs, may at any time direct that some or all of the parking spaces identified in subsection (b) be constructed.

(d) Any additional parking shall be provided according to the approved development plan. (Ord. 2006-35. Passed 5-25-06.)

1153.07 LOCATION OF REQUIRED PARKING SPACES.

In addition to specific requirements contained in each district regulation, the location of off-street parking facilities shall further be regulated according to the following provisions:

(a) Single-Family Detached and Two-family Dwellings. Off-street parking spaces required for dwelling units shall be located on the same lot as the dwelling unit served.

(b) Single-Family Attached Dwelling/Townhouses. One (1) of the two (2) required off-street parking spaces required for a dwelling unit shall be located on the same lot as the dwelling unit served.

(c) Multi-Family, High-Rise and Upper Floor Apartment Dwellings. All required off-street parking spaces shall be located on the same zoning lot and within 400 feet walking distance of the entrance to the building for which the parking spaces are intended to serve. Required guest parking in a multi-family development shall be equally distributed throughout the development.

(d) All Districts. All required off-street parking spaces shall be located on the same lot as the use served, unless otherwise stated in this Chapter. If the parking spaces required in Schedule 1153.04 cannot reasonably be provided on the same lot on which the principal use is conducted, the Planning and Zoning Commission may permit such spaces to be provided on other off-street property, provided that such spaces shall be within 400 feet walking distance, measured along the route of public access to the property, of a public entrance to such principal use and use of the off-street parking spaces are secured according to Section 1153.05 (b). (Ord. 2006-35. Passed 5-25-06.

(e) Access. All required off-street parking spaces shall have direct access to an aisle or driveway without the need to move any other vehicle, except as otherwise specifically permitted in this Chapter. Insofar as practical the Planning and Zoning Commission may recommend more restrictive access drive location requirements than specified in Schedule 1153.11. Consultation with the City Engineer, and safety officials as well as review of traffic studies may be used to overrule Section 1137.06(a)(3).

(Ord. 2014-48. Passed 7-10-14.)

(f) Parking in Designated Areas Only. Any vehicle customarily or seasonally parked on any lot shall be so parked only in parking areas specifically constructed for such purposes, and shall not be parked on tree lawns, sidewalks, lawns or other areas required by this Code to be landscaped.

(g) Areas Computed as Parking Spaces. Areas that may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or driveway, except as specifically permitted below:

(1) For a single family attached dwelling/townhouse or a two-family dwelling, a driveway in the front or side yard shall be permitted to compute as a eligible parking space up to a maximum of one (1) parking space per dwelling unit.

(2) In a multi-family development, any dwelling unit that has its own separate and individual private driveway shall be permitted to compute as eligible those parking spaces located in the private driveway, up to a maximum of two parking spaces per dwelling unit.

(Ord. 2006-35. Passed 5-25-06.)

1153.08 OFF-STREET WAITING SPACES FOR DRIVE-THRU FACILITIES.

Drive-thru establishments and other establishments which, by their nature, create lines of customers waiting to be served within automobiles shall provide off-street waiting areas, on the same lot as the use, in addition to the required number of parking spaces specified in Schedule 1153.04, in accordance with the following:

(a) Minimum Number of Waiting Spaces:

(a) Establishments serving and/or selling food and/or drinks:	Six 6 waiting spaces per drive-thru window as measured from the order board or station
(b) Automatic car wash facilities where a chain conveyor or other similar method is used to move the vehicle through the structure:	Five 5 waiting spaces
(c) Facilities with service windows or service entrances such as banks, ticket booths, drive-up ATM machines and other similar facilities:	Four waiting spaces for the first drive-thru window or stall and two (2) waiting spaces for each additional window or stall
(d) Self-serve car wash facilities:	Four (4) waiting spaces per stall
(e) Gasoline stations:	Two (2) waiting spaces per accessible side of a gasoline pump island
(f) All other uses	Three (3) waiting spaces for each window or stall

(b) Vehicles Prohibited within the Public Right-of-Way. In any case, vehicles shall not be permitted to wait within the public right-of-way for service at such drive-in or drive-thru facilities.

(c) Waiting Space Dimensions. Each off-street waiting space shall have an area not less than 144 square feet (measuring 8 feet by 18 feet) exclusive of access drives and parking aisles and shall not interfere with parking or circulation.

(Ord. 2006-35. Passed 5-25-06.)

1153.09 PARKING SPACES FOR PERSONS WITH DISABILITIES.

In accordance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities.

(Ord. 2006-35. Passed 5-25-06.)

1153.10 PARKING DESIGN STANDARDS.

Off-street parking area shall be designed and constructed in accordance with the following minimum dimensions set forth in Schedule 1153.10, based on the angle of the spaces. Figure 1153.10 illustrates the requirements for each angle scenario.

Schedule 1153.10

Minimum Dimensions for Parking Areas

	45o	60o	90o	PARALLEL
(a) Width of Parking Space	9 ft.	9 ft.	9 ft.	9 ft.
(b) Length of Parking Space	20 ft.	20 ft.	20 ft.	23 ft.
(c) Width of Parking Aisle*	18 ft.	20 ft.	22 ft.	12 ft.
(d) Width of Double-Loaded Parking Module when Spaces Interlock	58 ft.	60 ft.	62 ft.	30 ft.
(e) Width of Circulation Aisle	17 ft.	14 ft.	14 ft.	14 ft.
Note to Schedule 1153.10: *Parking aisles having a width less than 22 feet shall be one-way aisles.

Figure 1153.10

Illustration of Minimum Parking Design Standards

Notes to Figure 1153.10 :

(a) Width of parking space (d) Width of double-loaded parking module when spaces interlock

(b) Length of parking space. (e) Width of circulation aisle

(Ord. 2006-35. Passed 5-25-06.)

1153.11 REGULATIONS FOR ACCESS DRIVES.

All accessory parking spaces shall have vehicular access to a street or alley. Access drives to major streets shall be designed in the interest of public safety and located so that vehicles can safely enter and leave the facility. The location, width, and number of entrance and exit access drives to accessory parking spaces shall be in accordance with the following:

(a) Location. The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets.

(1) Access driveways shall be located at least fifty (50) feet from the right-of-way line of the nearest intersecting street.

(2) No access drive shall be within 300 feet, measured along the road centerlines from the outermost freeway ramp right-of-way to the first access drive. (Ord. 2006-35. Passed 5-25-06.)

(3) The minimum distance between non-residential access drives, on adjacent parcels, shall be as set forth in Schedule 1153.11 below, as measured from centerline to centerline. The Planning and Zoning Commission may grant an exception to the regulation in Schedule 1153.11 when the Commission determines that reduced spacing will not impair public safety or the management of traffic on abutting roadways. In granting this exception, the Planning and Zoning Commission may require the property owner to enter into a recorded agreement with the City that pre-existing access points to the site will be closed and eliminated after the completion of a joint access driveway with an adjacent parcel. When the Planning and Zoning Commission determines that limited access drives are appropriate due to traffic studies or recommendations of the City Engineer or safety forces, minimum spacing may be increased or waived in lieu of cross access connections on neighboring commercial lots. See Section 1137.06(a) Cross Access Connection Between Adjacent Commercial Uses.

(Ord. 2014-48. Passed 7-10-14.)

Schedule 1153.11

Minimum Spacing between Non-residential Access Drives

Posted Speed Limit (MPH)

Minimum Spacing (in feet)

125

155

185

225

45+

300

(b) Number of Drives.

(1) Each parcel shall have not more than two access drives from each abutting street unless otherwise permitted below.

(2) One additional access drive may be permitted for lots that have 200 or more feet of frontage on one street.

(3) The Planning Commission may permit an additional access drive for lots that have more than 500 feet of frontage when the Commission determines that such additional drive will improve public safety and/or the management of traffic.

(4) Insofar as practical, the use of common drives by two (2) or more uses shall be encouraged to reduce the number of such highway access points.

(1) The width of such entrance and exit lanes shall be not less than nine (9) feet or more than 12 feet per lane and shall not exceed a total of 36 feet.

(2) Entrances and exits shall be limited to two (2) lanes, except where one driveway provides the sole access to the property and serves as both an entrance and exit, and then it shall be limited to three (3) lanes.

(d) Radius. The radius of the edge of the access drive apron shall be at least 30 feet so that a vehicle may enter from or exit onto the curb lane without obstructing vehicles in other traffic lanes.

(Ord. 2006-35. Passed 5-25-06.)

1153.12 OFF-STREET LOADING REQUIREMENTS.

Off-street loading spaces when provided, shall be maintained for business, commercial and industrial buildings in compliance with the following regulations:

(a) All loading spaces shall be located on the same lot as the use served and no part of any required setback, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes.

(b) Off-street loading spaces shall not be used, designed, intended or constructed to be used, in a manner so as to obstruct or interfere with the free use of any street, alley or adjoining property.

(c) Access to truck loading and unloading space shall be provided directly from any public street or alley or from a right-of-way that will not interfere with public convenience and that will permit the orderly and safe movement of trucks.

(d) Streets, sidewalks, alleys or other public rights-of-way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.

(e) Off-street loading facilities shall be located in compliance with the principal building setback requirements.

(f) Loading spaces shall not be used for repairing or servicing or motor vehicles.

(g) Off-street loading spaces shall be in addition to and not considered as meeting a part of the requirements for off-street parking spaces.

(h) Each off-street loading space shall have the minimum dimensions of 12 feet in width, 50 feet in depth and 15 feet in height.

(Ord. 2006-35. Passed 5-25-06.)

1153.13 IMPROVEMENT AND MAINTENANCE STANDARDS.

All driveways, parking areas, curbs, and bumper guards shall be constructed in accordance with standards established by the City Engineer and the following:

(a) Paving. All parking and loading areas and access drives, with the exception of driveways accessing single-family detached dwellings, shall be bituminous, concrete or a similar hard surface approved by the City Engineer. Such paving material and base materials related thereto, shall be capable of supporting all anticipated loads without damage. The owner shall, at his/her own expense, maintain the surface in a smooth and dust-free condition and repair any disintegration of the surface by patching or sealing when such disintegration takes place.

(b) Drainage. Parking areas shall be graded, drained and provided with adequate drainage facilities so that adjacent properties and rights-of-way, including public sidewalks, shall not be subject to flooding by run-off water from the proposed parking area.

(c) Illumination in Open Areas. Parking areas shall be illuminated whenever necessary to protect the public safety. Light sources shall be designed and located in compliance with the regulations set forth in Chapter 1157, General Use Regulations.

(d) Curbs and Wheel/Bumper Guards. Appropriate bumper guards or barrier curbs shall be provided in order to define parking spaces, access drives or limits of paved areas, contain the cars on sloping surfaces, and to prevent bumper overhang or other encroachment into required yards, walkways, aisles or spaces.

(e) Marking. Any off-street parking area for five (5) or more parking spaces shall indicate the location of each parking space, the location of spaces for persons with disabilities, and the location and direction or movement along the aisles and access drives providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface.

(f) Signs. Signs shall be provided in accordance with Chapter 1151, Sign Regulations.

(g) Maintenance. A parking area or loading space shall be maintained in a manner to keep it as free as practicable from rubbish, paper and other loose particles, and snow and ice shall be promptly removed by the operator. All adjacent sidewalks shall be kept free from dirt, ice, sleet and snow and in a safe condition for use by pedestrians. All signs, markers or any other methods used to indicate direction of traffic movement and location of parking and/or loading spaces shall be maintained in a neat and legible condition. Any walls, trees and shrubbery, as well as surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes.

(h) Storage. All off-street parking areas for nonresidential uses shall not be used for the continuous storage of a vehicle for more than 48 hours, except where expressly permitted in this Planning and Zoning Code as accessory to the principal use of the lot.

(i) Driveways. In the R-1 and the R-2 zoning districts, common driveways, that is driveways which provide access to more than one dwelling unit, may be permitted pursuant to the following:

(1) In a conservation development proposed pursuant to Chapter 1143 and in a single-family attached dwelling development in the R-2 zoning district, the length of such common driveway shall not exceed 200 hundred feet from its point of intersection with the public/private street, and it shall not serve more than four (4) dwelling units. The common driveway shall be constructed in accordance with the construction standards for public streets set forth for in Title Five, Subdivision Regulations.

(2) In all other instances, common driveways shall provide access to no more than two (2) dwelling units.

(Ord. 2006-35. Passed 5-25-06.)

1153.14 PARKING LOT LANDSCAPING AND SCREENING.

All screening and buffering of parking areas shall be in conformance with the regulations set forth in Chapter 1155, Landscaping and Screening Regulations.

(Ord. 2006-35. Passed 5-25-06.)

1153.15 DEVELOPMENT PLAN REVIEW.

Detailed drawings showing the features of off-street parking and loading areas shall be submitted for development plan review as required by Chapter 1111, Development Plan Review Procedures.

(Ord. 2006-35. Passed 5-25-06.)

1155.01 PURPOSE.

The preservation of existing trees and vegetation, as well as the planting of new trees and vegetation, can significantly add to the quality of the physical environment of the City of Willoughby Hills. The regulations contained below are designed to provide for the health, safety, and welfare of the residents of the City:

(a) To promote the proper utilization of landscaping and screening as a buffer between certain land uses and to minimize the possibility of nuisances including potential noise, glare and visual clutter of parking and service areas.

(b) To protect, preserve and promote the aesthetic appeal, character and value of the City of Willoughby Hills neighborhoods.

(d) To soften the appearance of building masses and paved areas and reduce generation of heat and storm water run-off.

(e) To protecting, preserving, and promoting the aesthetic character valued by the residents of the City of Willoughby Hills.

(Ord. 2006-35. Passed 5-25-06.)

1155.02 SCOPE OF APPLICATION.

(a) The provisions of this Chapter shall apply to:

(1) All new development on vacant land that requires the submission of a development plan and issuance of a zoning certificate or building permit. The required landscaping shall be so indicated on plans submitted as part of the application.

(2) The entire site of existing development when substantial expansion or alteration is conducted. An alteration or expansion of an existing property is substantial when:

A. The expansion of the square footage of an existing building or structure exceeds twenty-five percent (25%) of the gross floor area of the existing building.

B. The expansion of the square footage of the vehicular use area exceeds twenty-five percent (25%) of the total existing vehicular use area.

C. The land area of the development site is increased by twenty percent (20%) or more.

(3) The portion of a developed site devoted to the expansion or alteration of an existing building, structure or vehicular use area when such site is not governed by subsection 1155.02(a)(2) above. The minimum landscaping and screening required by this Chapter shall be provided to the extent of the alteration or expansion, but not for the entire property of which the alteration or expansion is a part.

(b) Single-family and two-family residences shall be exempt from the requirements of this Chapter except those regulations in Section 1155.09.

(c) The requirements of this Chapter are minimum landscaping requirements, and nothing herein shall preclude a developer and the City from agreeing to more extensive landscaping. (Ord. 2006- 35. Passed 5-25-06.)

1155.03 DEFINITIONS.

Terms related to required landscaping and screening shall have the following meanings:

(a) Berm. An earthen mound, located on private property, designed to provide visual interest, screen undesirable views, and/or decrease noise. This definition shall not include any portion of the public right-of-way.

(b) Caliper. The American Association of Nurseryman standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six (6) inches above the ground up to and including four (4) inch caliper size, and twelve (12) inches above the ground for a caliper size greater than four (4) inches.

(c) Diameter-at-breast-height (DBH). The diameter of a tree trunk measured in inches at a height 4.5 feet above ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point below the split.

(d) Large Tree. A living tree with a DBH measurement at maturity of at least six (6) inches or more.

(e) Shade Tree. A tree with foliage that usually sheds annually and is planted primarily for its high crown of foliage or overhead canopy.

(f) Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.

(g) Small Tree. A living tree with a DBH measurement at maturity of at least four (4) inches. (Ord. 2006-35. Passed 5-25-06.)

1155.04 STREET TREE PLANTING REQUIREMENTS.

In all zoning districts, developers shall plant and maintain shade trees along public streets in compliance with the following:

(a) Species. Trees shall be limited to species characterized as hardy, long-lived shade trees. Suggested species are listed in Schedule 1155.11. The Zoning Administrator or the Planning and Zoning Commission may approve other species.

(b) Location Requirements.

(1) One tree shall be provided for every thirty (30) linear feet of frontage, or fraction thereof, along each road.

(2) Trees are to be planted within three (3) feet of the rights-of-way of the road or roads within and abutting the development or at the discretion of the City, within the right-of-way of such roads.

(3) Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet.

(4) Trees shall be planted an adequate distance from intersections so that at full maturity such planting shall comply with Section 1157.11 , Visibility at Intersections, to ensure the unobstructed visibility of motorists and pedestrians.

(1) The developer shall provide the Zoning Administrator with a state inspection certificate and a certificate for tree species authenticity for each tree within five (5) days of planting.

(2) All nursery tags shall remain on planted trees until removed by the Zoning Administrator.

(d) Maintenance. The developer shall be required to maintain the trees for two (2) years after the trees are planted and to replace any tree that dies within such two year guarantee period.

(1) Upon completion of the street tree planting, the landscape contractor shall contact Zoning Administrator.

(2) The two-year guarantee period shall begin after the approval from the Zoning Administrator.

(3) A final inspection shall be made at the end of the guarantee period.

(4) The developer shall notify the Zoning Administrator within five (5) business days of the end of the guarantee period to schedule the final inspection.

(5) All trees not exhibiting a healthy, vigorous growing condition, as determined by the City’s inspection, shall be replaced at the expense of the developer or builder.

(6) If the City determines that replacement of a tree is required, such replacement shall occur within thirty (30) days of the date the City’s inspection report is submitted to the developer. The two-year guarantee period shall begin anew for each replacement tree.

(7) In order to secure the guarantee, the developer shall deposit an amount equal to fifty percent (50%) of the total cost of providing and installing the street trees as determined by the Zoning Administrator. The deposit shall be in the form of a bond, with the developer as principal and with a surety company authorized to do business in the State of Ohio; a certified check; or an irrevocable letter of credit. The deposit shall be in a form acceptable to the City Attorney. (Ord. 2006-35. Passed 5-25-06.)

1155.05 LANDSCAPING ALONG THE STREET FRONTAGE.

All areas within the required front or corner building and/or parking setback, excluding driveway openings, shall be landscaped as required below. The following minimum plant materials shall be provided and maintained on all lots or developments except lots devoted to singe-family detached and two-family dwellings.

(a) Three (3) large deciduous trees shall be provided for every one-hundred (100) linear feet of lot frontage or fraction thereof, not including drive entrances.

(b) Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet.

(c) Twenty shrubs shall be provided for every one-hundred (100) linear feet of lot frontage or fraction thereof, not including drive entrances.

(d) All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment.

(e) Trees and shrubs may be aggregated appropriately.

(Ord. 2006-35. Passed 5-25-06.)

1155.06 SCREENING AND LANDSCAPING OF PARKING LOTS.

(a) Landscaping on the Interior of Parking Lots: Interior landscaping of parking lots shall be provided in accordance with the following requirements.

(1) For any parking area designed to accommodate five (5) or more vehicles, a minimum of five percent (5%) of the parking lot shall be planted as landscaped island areas, developed and reasonably distributed throughout the parking lot to define major circulation aisles and driving lanes and provide visual and climatic relief from broad expanses of pavement.

(2) Interior landscaped areas shall be dispersed so as to define aisles and break up the expanse of paving and limit unbroken rows of parking to a maximum of one-hundred (100) feet. Each interior landscaped area shall be no less than one-hundred (100) square feet. The minimum width for each area shall be ten (10) feet;

(3) Within the landscaped islands, there shall be provided one shade tree for every ten (10) parking spaces. Each landscape island shall have at least one (1) shade tree.

(4) Shrubs or low, spreading plant materials shall be planted within the required landscaped islands in such a way that there is no impairment to the visibility of motorists or pedestrians.

(5) If the specific application of the interior landscape requirements will seriously limit functions of the building site, the Zoning Administrator shall have authority to permit consolidation and relocation of these landscaped areas on the building site.

(6) Landscaped areas along the perimeter of the parking area, or in any part of a setback or yard, shall not be counted as interior parking lot landscaped areas. Except perimeter plantings may be used to satisfy the requirements in this section when parking facilities are less than forty-two (42) feet in width and accommodate twenty (20) or fewer vehicles.

(7) For the purpose of this Section, the area of a parking lot shall be the total vehicular surface area within the perimeter of the parking lot, including the landscaped islands, parking spaces and all circulation aisles except those with no parking spaces or landscaped islands located on either side. See Figure 1, Parking Lot Interior Calculation.

Figure 1. Parking Lot Interior Calculation.

(b) Perimeter Landscaping Requirements. In addition to the requirements of subsections 1155.06(a) and 1155.06(c) hereof, perimeter landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right of way. A landscaped strip at least ten (10) feet in width shall be located between the parking area and the abutting property lines. One (1) large deciduous or two (2) small deciduous trees for each forty (40) lineal feet shall be planted in the landscaping strip. However, this does not mean that shade trees must be located forty (40) feet on center or be spaced forty (40) feet apart. This ten (10) foot wide strip shall be landscaped open space free of any wall, fence, embankment and/or walkway. Such wall, fence, etc. may exist or be constructed on the edge of such landscape strip. The requirements of this section shall not apply where planting is required for screening pursuant to Section 1155.07 .

(c) Street Frontage Planting Requirements. In addition to the requirements of subsections 1155.06(a) and 1155.06(b) hereof, when a parking lot is located adjacent to a public right-of-way, screening shall be provided to reduce the visual impact of the parking lot utilizing one of the following methods. The requirements of this sub-section shall not apply where planting is required for screening pursuant to subsection 1155.07(c)(5).

(1) Landscaped setbacks. Provide at least a ten (10) foot wide landscaped area exclusive of that required for sidewalks or utility easements, as specified in the Zoning Code, between the right-of-way and the parking lot, to be planted with one (1) large deciduous or two (2) small deciduous trees for each forty lineal (40) feet of frontage. This landscaped strip shall contain at least a three (3) foot high evergreen hedge, masonry wall or ornamental fence, such wall, fence, etc. shall be constructed on the edge of such landscape strip closest to the parking lot.

(2) Grade changes. In cases where substantial grading is necessary that results in a parking lot lower in elevation than the surrounding or adjacent right-of-way, the resulting embankment should be planted with low shrubs and shade or ornamental trees. A minimum of ten (10) feet of landscaping should be provided between the right-of-way and the parking lot.

(3) Landscape berms. Create at least a two (2) foot high berm with slopes not to exceed twenty-five percent (25%) for lawn areas. Berms planted with ground cover and shrubs can be steeper; however, no slope should exceed forty percent (40%).

(4) Woodland preservation. In cases where quality woodland exists, preserve existing trees between the parking lot and the right-of-way. Provide additional evergreen shrubs if needed to achieve an effective visual buffer. The vegetation should be saved.

(d) Landscaping Design Criteria.

(1) The primary landscaping materials used in parking lots shall be trees that provide shade or are capable of providing shade at maturity. Shrubbery, hedges, and other live planting material may be used to complement the tree planting scheme or landscape design but shall not be the sole components of the landscaping. Avoid tall shrubs or low branching trees that will restrict visibility. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.

(2) In large parking lots, separate pedestrian walkways should be provided to allow safe movement within the lots. These walkways should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. These plantings will aid in the identification of walkway locations within the lot and also aid in providing shade for the pedestrian. The following guidelines apply to the development of walkways within large parking lots.

A. One walkway can serve as a collector for up to four bays of parked cars.

B. The walkways shall be a minimum of four (4) feet wide, allowing an additional thirty (30) inches on each side for overhanging of automobiles.

C. All walkways shall be raised to a standard sidewalk height and shall be constructed of different paving material than the parking lot.

(e) Accessways. Necessary accessways shall be permitted to traverse the required landscaping area. The width of such accessways shall not be subtracted from the linear dimensions used to determine the minimum number of trees required in this Section.

(f) Vehicular Encroachment. A vehicle shall not encroach upon any landscaped area.

(g) Vehicular Use Areas. Vehicular use areas, other than parking spaces or parking lots, for all land uses require two (2) square feet of landscaped area for each 100 square feet of pavement or fraction thereof. (Ord. 2006-35. Passed 5-25-06.)

1155.07 BUFFERING AND SCREENING BETWEEN DISTRICTS AND USES.

(a) Intent. The intent of this section is to establish provisions for a visual screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise and other objectionable activities conducted on a given lot.

(b) Screening. Screening, as required by the provisions of this Code, shall be of such nature and density that will screen the activities on the lot from view from the normal level of a first story window on an abutting lot.

(1) A lot in any Commercial, Research and Office, or Industrial District abuts a Residential district;

(2) A lot in a Multi-family Zoning District abuts a Single-Family Residential District;

(3) A lot in a Residential District is devoted to a non-residential conditional use;

(4) Required by the Conditional Use Regulations in Chapter 1147;

(5) When any wall of a non-residential building in a Commercial, Research and Office, or Industrial District faces or is across the street from a Residential district, screening shall be installed along the full length of such street frontage. No screening shall be required when the Commercial, Research and Office, or Industrial District lot is used for residential purposes.

(d) Width of Buffer Yard. The width of the buffer yard shall be equal to the most restrictive parking set back set forth in the applicable zoning district.

(e) Location. The buffer yard shall be located entirely within the higher intensity zoning district or use and abutting the zoning district line or lot line of lower intensity use. However, the buffer yard may be placed in the lower intensity zoning district or partially within both zoning districts if both sides of the zoning district line and the entire buffer yard width are within common ownership and a permanent easement is provided over any portion of the buffer yard not within the higher intensity zoning district.

(f) Buffer Yard Abutting an Adjacent Jurisdiction. When property lines abut an adjacent jurisdiction, the Planning and Zoning Commission shall determine the specific screening and buffering requirements along that property line after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the City of Willoughby Hills.

(g) Screening. When the natural vegetation within the required buffer yard does not form a solid, continuous, visual screen or does not have a minimum height of six (6) feet along the entire length of the common boundary at the time of occupancy, screening shall be installed in compliance with the following:

(1) Screening Materials. Screening design and development shall be compatible with the existing and proposed land use and development character of the surrounding land and structures. Screening within the buffer yard shall consist of one or more or combination thereof of the following:

A. A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within three (3) years after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center, and the planting pattern shall be staggered. Shrubbery shall be more closely spaced.

B. Non-living opaque structures such as a solid masonry wall that is compatible with the principal structure or a solid wood fence together with a landscaped area at least fifteen (15) feet wide. For solid fences, fences shall be designed, constructed, and finished so that the supporting members face the property owner of the fence and they shall be maintained in good condition, be structurally sound, and attractively finished at all times.

C. An ornamental fence with openings through which light and air may pass together with a landscaped area at least fifteen (15) feet wide. A chain link fence shall not be permitted.

D. A landscaped mound or berm at least ten (10) feet wide, with no more than a 3:1 slope.

(2) Location. The location of the wall, fence, or vegetation shall be placed within the buffer yard to maximize the screening effect, as determined by the Zoning Administrator or the Planning and Zoning Commission.

(3) Installation of Screening. Screening shall be continuous and in place at the time of occupancy. If vehicular or pedestrian access through the screen is necessary, the screening function shall be preserved.

(4) Height of Screening. The height of screening shall be in accordance with the following:

A. Visual screening by walls, fences, or mounds in combination with vegetation, fences or walls shall be a minimum of six (6) feet high measured from the natural grade, except as set forth in subsection B. below.

B. Whenever the required screening is located within a front yard or within twenty-five (25) feet of a parking lot, drive, or driveway entrance, the required screening shall not exceed a height of three (3) feet.

C. When used alone, vegetation shall be a minimum of six (6) feet high, as measured from the natural grade, in order to accomplish the desired screening effect. The required height shall be achieved no later than two (2) years after the initial installation.

(h) Modifications to Buffering and Screening Requirements. Buffer yards required by this Chapter shall be applied equally to all similarly situated properties. The Planning and Zoning Commission is empowered to modify the above buffering and screening requirements if, and only if:

(1) Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent as this Section.

(2) Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening and buffering effect.

(3) The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site.

(4) The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity.

(5) A written request is received from the owners of the abutting residential district property that the screening as required herein should be waived or varied based on stated purposes.

(6) It can be clearly demonstrated that it is highly improbable that the abutting property will be developed for residential purposes due to circumstances, which have taken place since the adoption of the Master Plan and this Code.

(Ord. 2006-35. Passed 5-25-06.)

1155.08 SCREENING OF ACCESSORY USES.

Screening of accessory uses shall be provided according to the following:

(a) Trash Collection Areas. Trash and/or garbage collection areas shall be enclosed on at least four (4) sides by a solid wall or fence and a solid gate at least one (1) foot higher than the highest refuse container in the collection area if such area is not within an enclosed building or structure. Such solid wall or solid fence shall be situated so as to screen the view of the collection area from adjacent roads and properties. Such wall or fence shall be constructed of wood, brick, decorative concrete, block, stone or shrubs.

(b) Ground-mounted Mechanical Equipment. Ground mounted mechanical equipment shall be screened with evergreen shrubbery so that within two (2) years the equipment is completely obscured from view.

(c) Outdoor Storage and Loading Areas. Permitted accessory loading areas, outdoor storage of goods, supplies, equipment or vehicles used in the operation of an establishment, where permitted, shall be enclosed with a solid fence or wall, including solid gates. The wall or fence shall have a height tall enough to conceal all operations and materials therein from the view of any observer standing at the grade level of an abutting lot or a public street. The Zoning District Chapter may contain additional regulations governing outdoor storage.

(d) Height of Screening. Screening shall be a minimum of six (6) feet in height placed adjacent to the waste receptacles, storage or loading areas so as to effect screening from any adjacent streets and any adjoining properties.

(Ord. 2006-35. Passed 5-25-06.)

1155.09 RESIDENTIAL LANDSCAPING.

(a) Intent. This section is intended to maintain or improve the unique character of residential neighborhoods and streets and to contribute to the general welfare through the planting of trees.

(b) Application. This section shall apply to all new developments and to alterations to existing buildings that will increase the number of dwelling units. Existing trees may fulfill these minimum requirements.

(1) Single-Family Detached and Two-Family Lots: One large deciduous or evergreen tree per forty (40) feet of lot frontage or fraction thereof, to be planted in the front yard setback area when the lawn is installed.

(2) Single-Family Attached Dwelling/Townhouses. One large deciduous or evergreen tree per unit to be planted between the building and the public street or private road and planted when the lawn is installed; or in the case of a conversion, trees shall be planted within six months of the issuance of a building permit, unless an extension is given by the Zoning Administrator due to adverse weather conditions.

(Ord. 2006-35. Passed 5-25-06.)

1155.10 GENERAL REQUIREMENTS, INSTALLATION, AND MAINTENANCE.

Areas within the setback and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.

(a) Installation.

(1) Each tree at the time of installation shall have a minimum caliper of 2 inches and a clear trunk height of at least six (6) feet, unless otherwise specified.

(2) When a small tree is permitted by this Chapter, such tree shall have a minimum caliper of 1.5 inches and a clear trunk height of at least five (5) feet at the time of installation.

(3) If installation of plantings is not completed in a planting season, then landscaping must be installed during the next planting season.

(b) Performance Guarantee. No landscape plan required by this Code shall be approved and no zoning certificate issued until the owner of the lot and/or building in question has posted a performance guarantee with the City conditioned upon satisfactory installation of the approved landscaping in the owner's landscape plan. Such guarantee shall be in the form of a performance, surety bond, certified check or any other such type of guarantee approved by the City Attorney. The financial guarantee shall cover the estimated cost of all required landscaping, installation of such landscaping and any other landscaping obligations on the part of the owner.

(c) Planting Arrangement. Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.

(d) Screening. All screening and buffer yards shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

(e) Parking. Vehicle parking shall not be permitted in landscaped areas.

(f) Pedestrian Movement. Materials shall not be placed where they will prevent pedestrian movement unless so planted for that or similar purpose.

(g) Maintenance. The owner of landscaping required by this Code shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. When necessary, plant materials shall be replaced, and replacement material shall conform to the original intent of the landscape plan.

(h) Acceptable Trees. Acceptable trees, for the requirements of this Chapter, include, but are not limited to those identified as suitable for the intended use in Schedule 1155.11, Recommended Tree Species.

(Ord. 2006-35. Passed 5-25-06.)

1155.11 RECOMMENDED TREE SPECIES.

Acceptable trees include, but are not limited to, those identified as suitable for the use intended in the schedule below.

(a) Schedule 1155.11 - Recommended Trees:

Schedule 1155.11

Recommended Tree Species

Species Name

Suitability

(a)

Autumn Blaze Maple

(b)

Bald Cypress

(c)

Bird Cherry

(d)

Bur Oak

(e)

Catalpa (Only Dwarf Varieties)

(f)

Celebration Maple

(g)

Cleveland Select Pear

P, T

(h)

Common Thornless Honeylocust

P, T

(i)

Crabapple

P, T

(j)

Flowering Cherry

P, T

(k)

Ginkgo

(l)

Hawthorn

(m)

Hybrid Elms (Elms resistant to Dutch Elm Disease)

(n)

Japanese Tree Lilac

(o)

Kentucky Coffeetree

P, T

(p)

Little Leaf Linden

(q)

Shingle Oak

P, T

(r)

Swamp White Oak

(s)

Turkish Filbert

P = Parking Lot Trees

T = Tree Lawn

(b) Evergreen trees should only be used for landscaping and screening purposes on private property and shall not be permitted in any public street right-of-way. Evergreen trees shall only be planted in planting areas with sufficient space to permit the trees to grow to maturity.

(Ord. 2006-35. Passed 5-25-06.)

1155.12 APPROVAL PROCESS FOR REQUIRED LANDSCAPING, FENCES, AND WALLS.

(a) The location of proposed landscaping, fences or walls required to fulfill the standards and criteria of this Chapter shall be reviewed and approved as part of a development plan pursuant to Chapter 1111.

(b) However, when a fence or wall is proposed at a separate time from any other development for new construction, additions or site renovation, a fence or wall may be approved administratively by the Zoning Administrator when the Zoning Administrator determines that the proposal:

(1) Complies with the requirements of this Chapter;

(2) Is consistent with any previously approved plan;

(3) Is compatible with the current site development if there is no approved plan; and

(4) Will have a minimal adverse impact to the surrounding areas.

(Ord. 2006-35. Passed 5-25-06.)

1155.13 FLEXIBILITY.

The standards and criteria in this Chapter establish the City’s objectives and levels of landscaping intensity expected. However, in applying these standards during the development plan review, the Planning and Zoning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.

(Ord. 2006-35. Passed 5-25-06.)

1157.01 PROHIBITED USES.

Any use not specifically listed as either permitted by right or a conditional use, in the zoning districts established in Section 1105.01, shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Planning and Zoning Code and/or the Official Zoning Map as provided in Chapter 1119 or upon a finding by the Planning and Zoning Commission that a use is substantially similar to a specified permitted or conditional use.

(Ord. 2006-35. Passed 5-25-06.)

1157.02 SUPPLEMENTARY HEIGHT REGULATIONS.

Principal or accessory buildings shall be erected, altered, moved or maintained only in accordance with the maximum height of building regulations as established in Title Seven, except that the following structures may be permitted above the aforesaid limitation:

(a) Chimneys, church spires, cupolas, domes, belfries, clock and radio towers, solar collector panels, water tanks, radio or television antennae, monuments, elevator bulkheads and other permitted mechanical appurtenances located upon or constructed as an integral part of the main building may exceed the above height regulations.

(b) Cornices and parapet walls, solely for ornament and without windows, may extend not more than three feet above the height limit.

(Ord. 2006-35. Passed 5-25-06.)

1157.03 TEMPORARY BUILDINGS AND ENCLOSURES AND OUTDOOR SALES ACTIVITIES.

(a) Structures for Construction Operations. Temporary structures for construction operations may be permitted in any district if such structures are deemed necessary, provided:

(1) A temporary special permit is issued by the Zoning Administrator, for a period not to exceed eighteen months;

(2) The use of such structures shall be limited to offices; buildings for the storage of lumber, equipment and other building material;

(3) All temporary structures shall be located at least one hundred (100) feet from the nearest occupied residential dwelling, where feasible;

(4) A temporary structure for the construction office may be placed on the site no sooner than two weeks before the start of grading or construction;

(5) All temporary structures for construction operations shall be removed within thirty (30) days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.

(b) Subdivision and Apartment Sales and Rental Offices. Subdivision and apartment sales and rental offices may be permitted, providing a temporary special permit is issued by the Zoning Administrator. The temporary permit may be for a period not to exceed two (2) years. In addition:

(1) Such an office shall be incidental to and located within the subdivision which it serves;

(2) Such an office shall continue only until the sale or lease of all dwelling units in the development has been completed, but in no event shall the time exceed two (2) years from the issuance of a special temporary permit.

(c) Temporary Outdoor Sales Activities. Temporary outdoor merchandising activities directed at the general public may be allowed as an accessory use in certain commercial zoning districts and on the premises of permitted and conditional uses subject to the requirements of this section. It is the intent of this section to provide for temporary outdoor sales which are distinguished from permanent outside business activities that are permitted or conditional uses in a zoning district.

(1) Definition. Temporary outdoor sales activities include sidewalk sales, inventory reduction or liquidation sales, seasonal merchandise sales, and transient produce merchant sales. Seasonal merchandise sales include the sale of plants (also vegetables), flowers, shrubs, trees, mulch, fertilizer, weed killer products, soil, peat moss, lime, small decorative stones, landscape timbers, railroad ties, pumpkins, salt (for ice removal) and similar products, and Christmas trees.

A. Temporary outdoor sales activities shall not include carnivals, festivals, promotional events or any City-sponsored function, which may or may not include outdoor sales of food and/or merchandise related to such events.

B. A transient produce merchant sale involves the selling of products of the farm or garden occupied and cultivated by that person on property other than that which the produce is grown.

(2) Standards. The following shall apply to all proposed temporary outdoor sales activities allowed by this section in addition to other applicable building and safety code requirements as determined by the Building Inspector, Fire Department and/or City Engineer.

A. Sidewalk sales, inventory reduction sales, liquidation sales, damaged goods sales, and transient produce merchant sales shall not exceed a maximum of seven (7) consecutive calendar days, per event. Two (2) such outdoor sales events per calendar year shall be permitted, per property and shall be allowed in a B-2, and B-3 District.

B. Seasonal merchandise sales shall not exceed a total of one hundred (120) calendar days per year, per property. Only four (4) seasonal sales activities per calendar year, per property, shall be permitted. Seasonal merchandise sales shall be permitted in a B-2, and B-3 District. Seasonal merchandise, such as mulch, peat moss, soil, fertilizer, decorative stones, lime, sale and other similar goods as well as landscape timbers, railroad ties, bicycles, lawn mowers, tractors, wheel barrows, snow blowers, leaf blowers and other large lawn equipment items which are stored, displayed and/or sold outdoors shall be located on hard-surfaced walkways immediately adjacent to the principal building.

C. All sales activities including any temporary structures, tents and stands shall not be located within a required setback or public right of way and must be in an area that is paved and the activity does not interfere with parking, sight distance, traffic circulation or emergency vehicle access and will not reduce the required number of parking spaces required to serve principal use(s) on the site.

D. Temporary sales on unpaved, landscaped areas are prohibited.

E. Temporary outdoor sales activities within all temporary structures, tents, stands, under canopies or awnings and in all unroofed areas shall be limited to ten percent (10%) of the enclosed gross floor area of the principal building on the lot associated with the temporary outdoor sales activity. Existing fenced-in outdoor storage areas and permanent accessory structures shall be excluded from the ten percent (10%) calculation.

(3) General Requirements.

A. The temporary outdoor sales activity shall be clearly accessory to the permitted or conditional use(s) approved for the site. Only merchandise which is normally sold, or stocked by the occupant(s) on the subject premises shall be sold, provided that seasonal merchandise, and licensed transient produce merchant activities and itinerant vendors as defined by this section or Chapter 1103 may be allowed.

B. The required number of off-street parking spaces for the principal use(s) shall be provided for the duration of the sale. Determination of compliance with this requirement shall be made by the Zoning Administrator.

C. Signage related to the temporary outdoor sales activities shall be in compliance with the temporary sign regulations in Chapter 1151. The erection and removal of such signage shall be the responsibility of the applicant and/or owner of the property.

(Ord. 2006-35. Passed 5-25-06.)

1157.04 FAMILY DAY CARE HOME.

This Zoning Ordinance recognizes that the availability of safe and affordable, good quality child day care is important to the well being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods. According to ORC 5104.054, any type “B” family day-care home, whether certified or not certified by the county director of human services, shall be considered to be a residential use of property for purposes of municipal, county, and City zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type “B” family day-care home is a permanent residence of the provider where childcare is provided for 1 to 6 children and where no more than three children are under two years of age. For the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Type “B” family day-care homes are a permitted accessory use in residential districts, and do not require a zoning certificate or a certificate of zoning compliance.

(Ord. 2006-35. Passed 5-25-06.)

1157.05 HOME OCCUPATIONS.

The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

(a) No customary home occupation shall be permitted or carried on unless the customary home occupation complies with all of the following regulations:

(1) Customary home occupations shall comply with all local, State or Federal statutes, ordinances and/or regulations pertinent to the activity pursued; and

(2) The dwelling housing the customary home occupation shall be otherwise lawful and conform to all safety, fire, housing and building codes; and

(3) The customary home occupation shall be conducted wholly within the principal building and shall be incidental and subordinate to the use of the dwelling for residential purposes. Not more than twenty-five percent (25%) of the net floor area of the living area of any dwelling shall be used in the conduct of a customary home occupation; and

(4) No customary home occupations shall engage in any activity resulting in or creating noise, vibration, odors, glare, smoke pollution, electronic interference or other nuisance or safety hazard to any person or adjacent or nearby property or residence; and

(5) The customary home occupation shall not generate vehicular or pedestrian traffic abnormal to the neighborhood; and

(6) Trucks or other mobile equipment shall not be parked or stored in open yards. Any need for parking generated by the conduct of such home occupation shall be met on the driveway or parking area on the premises, but shall not be permitted in the public right-of-way; and

(7) Vehicles used for deliveries to or from a home occupation shall comply with the weight limits established for through traffic; and

(8) No more than a total of two vehicles for employees, patrons or customers of a customary home occupation may be permitted on the site of a customary home occupation at any one time. Vehicles used for the personal use (that is not used in conjunction with the customary home occupation) of the proprietor or owner of the customary home occupation shall not be included within the limitation of this subsection; and

(9) There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes; and

(10) The residential character of the dwelling exterior shall not be changed and there shall be no display that will indicate from the exterior that the building or premises are being used in part for any purpose other than that of a residential dwelling; and

(11) The customary home occupation shall not require or involve the posting of any sign upon the premises publishing or advertising such customary home occupation unless otherwise permitted by the Codified Ordinances and/or this Planning and Zoning Code; and

(12) Only goods produced or processed on the premises may be sold on the premises; and

(13) All storage of materials, goods, supplies or equipment related to the operation of a customary home occupation shall be inside the principal building; and

(14) There shall be no storage of materials hazardous to adjacent nearby property or persons; and

(15) No customary home occupation shall be permitted to employ more than one employee whose regular place of employment is at the residence or on the premises of the customary home occupation and who is not a family member occupying the dwelling unit; the name of such employee shall be registered with the office of the Zoning Administrator; and

(16) One automobile, truck or van used primarily for the customary home occupation shall be permitted to be parked or stored on the premises provided it complies with Section 1157.07 , and all other requirements of this Planning and Zoning Code.

(b) A home occupation shall be permitted only after a zoning certificate has been issued by the Zoning Administrator. Those uses which are questionable shall be reviewed by the Planning and Zoning Commission to assure that they are in character with this section and will not constitute an objectionable use of the residentially zoned property due to potential noise, increased pedestrian and vehicular traffic, or any other conditions that might interfere with the general welfare of the surrounding residential area.

(c) When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be terminated by the Zoning Administrator. Such termination may be appealed to the Board of Zoning Appeals. An undesirable condition may be identified as abnormal traffic, objectionable noise or any other condition not conducive to a residential neighborhood situation.

(Ord. 2006-35. Passed 5-25-06.)

1157.06 SWIMMING POOLS.

In addition to the requirements for accessory buildings and uses in Title Seven, the following provisions shall apply for swimming pools:

(a) Private Outdoor Swimming Pools. A private swimming pool is any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one (1) foot. No such swimming pools, exclusive of portable swimming pools with a diameter less than twelve (12) feet or with an area of less than one hundred (100) square feet, shall be allowed in any commercial or residential district except as an accessory use and unless it complies with the following additional requirements:

(1) The pool is intended and is to be used solely by the occupants and guests of the principal use of the property on which it is located;

(2) It shall be setback, including any walks or paved areas or accessory structures adjacent thereto, as specified in the applicable zoning district or ten (10) feet, whichever is greater; (Ord. 2006-35. Passed 5-25-06.)

(3) The pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access from the street or from adjacent properties. Such fences or wall shall be at least four (4) feet in height and maintained in good condition, with a gate and lock.

(Ord. 2007-60. Passed 7-13-07.)

(4) Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.

(5) The construction and operation of a pool shall meet all other applicable City regulations.

(b) Public, Community or Club Swimming Pool. A public, community or club swimming pool is any pool constructed by the City, an association of property owners, or by a private club for use by the general public or by members of the association or club and their families. Public, community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:

(1) The pool is intended solely for the use of the general public or the members and families and guests of members of the association of club under whose ownership or jurisdiction the pool is operated;

(2) The pool and accessory structures thereto, including the unenclosed areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which it is located;

(3) The pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties. Such fence or wall shall be six (6) feet in height and maintained in good condition, with a gate and lock.

(4) Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.

(5) The construction and operation of a pool shall meet all other applicable City regulations. (Ord. 2006-35. Passed 5-25-06.)

1157.07 ADDITIONAL REGULATIONS REGARDING MOTOR VEHICLES IN RESIDENTIAL ZONING DISTRICTS.

(a) Driveways in residential districts may be used for the parking of private motor vehicles owned by the occupants of the dwelling and their visitors.

(b) The parking of one (1) commercial vehicle per dwelling unit shall be permitted provided said vehicle:

(1) Does not exceed 10,000 pounds gross vehicle weight;

(2) Is operated by an occupant of the dwelling unit; and

(3) Such automobile, truck or van is either stored and/or parked in a permitted enclosed permanent structure or stored and/or parked behind the rear building line, properly screened year-round with foliage or natural vegetation as approved by the Zoning Administrator, such that the vehicle is not visible from any street or abutting residential property and meets the side and rear setback requirements of associated District.

(1) No more than two vehicles may be displayed for sale on any residential lot, within any 12-month period of time.

(2) Vehicles for sale may be displayed for a maximum of 28 days per calendar year per residential lot.

(3) Any vehicle for sale shall be properly registered, licensed and operable.

(4) Any display of a vehicle for sale shall be located outside of the right of way and must be located on an improved parking surface or, if necessary for safety, two wheels may be permitted on a portion of the front yard to allow for access of emergency vehicles.

(5) A maximum of two "For Sale" signs, to be displayed on or in the vehicle, are permitted. No additional signs or advertising devices are permitted.

(6) Enforcement and Penalty shall be in accordance with Section 1107.99 (a) of the Codified Ordinances of the City of Willoughby Hills

(7) For the purposes of this Section, vehicles are defined as automobiles, trucks, sport utility vehicles, boats, motorcycles, recreational vehicles, all-terrain vehicles, personal watercraft, snow mobiles, trailers, tractors and campers. (Ord. 2009-17. Passed 4-23-09.)

1157.08 LOT REGULATIONS.

(a) Required Setbacks to be Maintained. The required setbacks surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required setback for any other existing building on the same or on an adjacent lot. A setback shall not be reduced in any manner to less than the required dimensions for the zoning district in which it is located, and a setback of less than the required dimensions shall not be further reduced in any manner unless otherwise permitted in this Code. Every required setback shall be open and unobstructed from the ground, except for accessory structures as set forth in Title Seven, and as per the parking setbacks in Title Seven.

(b) When one or more buildings, or parts thereof, are constructed or enlarged so as to cross one or more lot lines in the same ownership, all such lots shall be joined into one lot provided all other zoning and subdivision regulations are met.

(c) Required Lot Area to be Maintained. A parcel of land may be subdivided into two or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the zoning district in which it is located. A nonconforming lot of record that is owned separately from adjoining lots on the effective date of this Code, or as amended, shall not be reduced in any manner that would increase its nonconforming situation.

(d) No single-family dwelling or two-family dwelling shall be constructed on a lot upon which a principal building already exists. New multi-family apartments and townhouse complexes may be erected with more than one principal building to the lot or parcel. Commercial, industrial or institutional buildings may be erected with more than one principal building on a lot or parcel providing they are all under the same ownership. (Ord. 2006-35. Passed 5-25-06.)

1157.09 REQUIREMENTS FOR OWNERS ASSOCIATIONS.

As part of a development where a homeowners association, community association, condominium association or similar legal entity/agency shall be created to be responsible for the maintenance and control of common areas, including the required open space, private streets, facilities, common drives, etc. The City Attorney shall determine that, based on documents submitted with the development plan, the association’s or agency’s bylaws or code of regulations specify the following requirements:

(a) Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;

(b) Membership in the Association shall be mandatory for all purchasers of lots in the development or units in a condominium.

(d) The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments.

(e) The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified.

(f) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without (1) an affirmative vote of seventy-five (75) percent of its members, (2) having established a successor entity to take over said property pursuant to the City’s Planning and Zoning Code; and (3) the approval of the City Council.

(g) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to enter to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses, townhouse units, and vacant building lots. (Ord. 2006-35. Passed 5-25-06.)

1157.10 PERFORMANCE STANDARDS.

No land or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area. All uses, except those in Industrial Districts whose performance standards are set forth in Section 1141.10, shall comply with the following performance standards:

(a) Americans with Disabilities Act. All uses shall comply with all applicable requirements of the Americans with Disabilities Act, and all other applicable federal, state, and county regulations.

(b) Lighting and Glare. All exterior lighting and conditions that generate glare shall comply with the requirements of Section 1157.12 , Exterior Lighting Regulations.

(c) Heat. No use shall generate heat that is perceptible without the aid of instruments at any point beyond the lot occupied by the use.

(d) Noise. No person shall cause or permit noise to intrude into the property of another person that exceeds the levels listed in Schedule 1157.10(d)(4), between the hours of 7:00 am. and 10:00 p.m. and Schedule 1157.10(d)(5), between the hours of 10:00 p.m. and 7:00 a.m.

(1) Between the hours of 7:00 am. and 10:00 p.m., the noise in Schedule 1157.10 (4) may be exceeded by no more than:

A. 5 dBA for a total of 15 minutes in any 1-hour period,

B. 10 dBA for a total of 5 minutes in any 1-hour period, or

C. 15 dBA for a total of 30 seconds in any 1-hour period.

(2) Between the hours of 10:00 p.m. and 7:00 a.m., the noise limits in Schedule 1157.10 (5) may be exceeded by no more than:

A. 5 dBA for a total of 10 minutes in any 1-hour period or

B. 10 dBA for a total of 3 minutes in any 1-hour period.

(3) Impulsive sound (such as sounds with a duration of less than 1 second, such as from punch presses) shall not exceed the levels of Schedule 1157.10 (4) (daytime) or Schedule 1157.10 (5) (nighttime) by more than 5 dBA, as measured with the sound level meter on the slow response setting.

(4) Daytime Noise Limits.

Schedule 1157.10 (d)(4)

Daytime Noise Limits

Noise Source

Receiving Property

Residential

Business

Industrial

Commercial

60 dBA

65 dBA

Manufacturing

60 dBA

65 dBA

70 dBA

Residential

60 dBA

65 dBA

(5) Nighttime Noise Limits.

Schedule 1157.10 (d)(5)

Nighttime Noise Limits

Noise Source

Receiving Property

Residential

Business

Industrial

Commercial

50 dBA

60 dBA

65 dBA

Manufacturing

50 dBA

65 dBA

70 dBA

Residential

60 dBA

65 dBA

(e) Vibration. Vibrations, which are perceptible without the aid of instruments, shall not be permitted beyond the lot occupied by the use generating such vibration.

(f) Smoke. No use shall emit smoke for longer than eight (8) minutes in any hour which is of a shade darker than Number 3 on the Standard Ringelmann Chart as issued by the U.S. Bureau of Mines.

(g) Odors. No use shall emit malodorous gas or matter that is discernible on any adjoining lot or property.

(h) Air Pollution. No use shall emit fly ash, dust, vapors or other substances that are harmful to health, animals, vegetation or other property or which can cause excessive soiling.

(i) Fire Hazards. Flammable or explosive materials shall only be permitted in structures having incombustible exterior walls.

(j) Storage Handling. Storage handling and use of flammable liquids shall comply with regulations as set forth in Bulletin No. 30-L of the National Fire Protective Association. Storage of other materials in yards or structures shall comply with other fire protective codes of the City of Willoughby Hills and all parts shall be accessible to firefighting equipment.

(k) Solid Waste. Solid waste, including empty packing crates and other excess materials, shall not be allowed to accumulate on a lot and shall be disposed of on a regular basis.

(l) Liquid Waste. If liquid wastes are disposed of in containers, they shall be appropriate containers, and the wastes shall be removed from the site on a regular basis. Liquid waste or sewerage shall not be discharged into a reservoir, stream, or other open body of water or into a storm or sanitary sewer except as allowed by other codes of the City of Willoughby Hills, County, State or similar jurisdictional authority.

(m) Noxious, Toxic or Corrosive Fumes. Noxious, toxic or corrosive fumes or gasses shall not be emitted which shall be injurious to the property, vegetation or health of the people residing in any adjacent residential district.

(n) Radioactive or Electrical Disturbances. Radioactive emissions or electrical discharges shall be confined to the use and lot from which they originate and shall not occur across any lot line.

(o) Infectious and Medical Waste Materials. The storage, incineration or disposal of infectious or medical waste materials in such a manner or in such quantities as to produce a public nuisance or a hazard to the public health and welfare of the community shall not be permitted.

(Ord. 2006-35. Passed 5-25-06.)

1157.11 V ISIBILITY AT INTERSECTIONS.

Sight Triangles. In any zoning district, on any corner lot, no fence, structure or planting shall be erected or maintained between 2.5 feet and eight (8) feet, above the rights-of-way lines, within a clear sight triangle formed by the right-of-way lines of two intersecting streets, and a line drawn between two points, each measuring twenty (20) feet from the intersection of the right-of-way lines. See Figure 1 below.

Figure 1

Visibility at Intersection of Public Streets

(Ord. 2006-35. Passed 5-25-06.)

1157.12 EXTERIOR LIGHTING REGULATIONS.

(a) A lighting plan is required for all uses that are required to file a development plan and shall be approved according to the procedures set forth in Chapter 1111. All existing uses on which exterior lighting is installed or changed shall conform to these standards. The lighting plan shall demonstrate compliance with the exterior lighting standards of this Section, and shall include the following items:

(1) A site plan showing location of all exterior light fixtures, controllers and transformers.

(2) Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, north arrow and scale.

(3) Specifications and drawings or photographs for all exterior light fixture types, poles, conduit and appurtenant construction.

(4) Lamp wattage of all proposed luminaries.

(5) Information that indicates a minimum light level of one-half (0.5) foot candles at grade in all vehicular use areas and connecting pedestrian paths.

(6) Cut sheets for all proposed exterior light fixtures and poles.

(7) Any other information and data reasonably necessary to evaluate the required lighting plan.

(b) General Requirements.

(1) All outdoor lighting fixtures regulated according to this Section, including but not limited to those used for parking areas, buildings, building overhangs, canopies, signs, displays and landscaping, shall be full-cutoff type fixtures.

A. Full-cutoff fixtures shall be installed and maintained so that the shielding is effective as shown in Figure 2 below.

Figure 2.

Full Cut-Off Type Fixture

B. Automobile-oriented uses such as gasoline stations, service stations and drive-through facilities shall install recessed ceiling fixtures in any canopy.

C. Signs that are wholly illuminated from within and freestanding signs that are externally illuminated with an exposed incandescent lamp not exceeding twenty-five (25) watts shall not require shielding.

(2) Light trespass over a property line shall be limited to no more than one quarter (0.25) horizontal foot-candle at the property line. All on-site lighting of buildings, lawns, parking areas and signs shall be designed so as not to shine onto any adjacent residential property or building, or to cause glare onto any public street or vehicle thereon.

(3) Measurement.

A. Light levels shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.

B. Measurements shall be taken at the property line, along a horizontal plane at a height of three-and-one-half (3.5) feet above the ground.

(4) All non-essential outdoor lighting fixtures, including parking, sign, display and aesthetic lighting, shall be turned off after business hours. Only that lighting needed for safety or security may remain lit after close of business, in which case the lighting shall be reduced to the minimum level necessary.

(5) Maximum Height of Light Poles. The total height of exterior lighting poles shall not exceed the following height regulations. Height shall be measured from the average grade surrounding each light pole:

Districts:

Maximum Height:

R-1, R-2

20 feet

M-1, M-2, B-1

25 feet

B-2, B-3, E, I

28 feet

(1) Decorative outdoor lighting fixtures with bulbs of less than twenty-five (25) watts, installed seasonally, are exempt from the requirements of this Chapter.

(2) Temporary construction or emergency lighting is exempt from the requirements of this Section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.

(3) All outdoor lighting fixtures existing and legally installed prior to May 25, 2006 shall be exempt from the requirements of this Section. When existing lighting fixtures become inoperative, their replacements shall be subject to the provisions of this Section.

(4) Nothing in this Section shall apply to lighting required by the FAA or any other federal regulatory authority.

(Ord. 2006-35. Passed 5-25-06.)

1157.13 DRIVEWAY APRONS AND ENTRANCES.

The installation of driveway entrances or aprons shall follow the guidelines provided by the Building Department, which have been set forth by the City Engineer. An application for a driveway entranceway or apron shall be submitted with a site plan indicating the proposed location. The Zoning Administrator will review the application and site plan to determine and confirm that the information provided is adequate and compliant with all applicable city Ordinances and Building Codes. The Zoning Administrator will forward copies of the application and the site plan to the Police and Fire Chiefs if he determines that moving traffic, parking, and visibility of such entranceway or apron to roadway traffic and pedestrians may cause concern for the public’s life, health, safety, and welfare. If such planned location is found acceptable, a permit to proceed with work will be issued. If such application is found to endanger the public’s safety or interfere with reasonable flow of vehicular or pedestrian traffic, the Zoning Administrator shall deny such application. (Ord. 2006-35. Passed 5-25-06.)

1157.14 DUMPING.

In the interest of public health and welfare, the dumping of garbage, organic or animal or human refuse, including metallic and flammable rubbish, but excluding ashes, stone and earth, on the ground is specifically prohibited in all districts, except for the purposes of residential, non-commercial composting or gardening in compliance with accepted composting practices and regulations. Applications to bury garbage, organic or animal or human refuse which does not originate on the property, on any land in the City shall be referred to the Board of Building and Zoning Appeals and can be approved only after public hearing and due consideration of the effect of the water supply in adjoining properties, geology of the underlying strata and effect on properties fronting on roads or highways converging on the burying ground over which such refuse would be hauled.

(Ord. 2006-35. Passed 5-25-06.)

1161.01 PURPOSE.

These regulations are established to provide for the construction and use of wireless telecommunication towers and facilities as permitted uses and conditional uses depending on the specific land areas of the City in which they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996, Public Law 104-104, and the interests of the City in regulating wireless telecommunication towers and related facilities. Specifically, these regulations are intended to achieve the following purposes:

(a) To protect property values;

(b) To regulate a commercial use so as to provide for orderly and safe development within the City;

(d) To minimize any adverse effects on residential properties, parks, open spaces and the non-intensive commercial zoning districts;

(e) To promote collocation of wireless telecommunication facilities in order to decrease the number of towers in the City;

(f) To maintain the aesthetic appearance of the City; and

(g) To maintain, where possible, the integrity of this Planning and Zoning Code.

(Ord. 2006-35. Passed 5-25-06.)

1161.02 DEFINITIONS.

(a) Collocation: The use of a wireless telecommunications facility by more than one wireless telecommunications provider or by one provider for more than one type of telecommunication technology.

(b) Lattice Tower: A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure, which often tapers from the foundation to the top.

(c) Monopole: A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

(d) Radio Operator, Amateur: An individual that participates in the non-commercial hobby of amateur radio, as defined by the rules of the Federal Communications Commission.

(e) Technically Suitable: The location of a wireless telecommunication antenna that reasonably serves the purpose for which it is intended within the band with of frequencies for which the owner or operator of the antenna has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City.

(f) Telecommunications: The technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical, optical or electromagnetic systems.

(g) Wireless Telecommunications Antenna: The physical device through which electromagnetic, wireless telecommunications signals authorized by the FCC are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

(h) Wireless Telecommunications Facility: A facility consisting of the equipment and structures involved in the commercial activity of receiving or transmitting telecommunications or radio signals from other communications sources.

(i) Wireless Telecommunications Tower: A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.

(Ord. 2006-35. Passed 5-25-06.)

1161.03 PERMITTED LOCATIONS.

A wireless telecommunications tower or facility is permitted in the following areas when in compliance with these regulations and approved by the Planning and Zoning Commission according to the procedures set forth in Chapter 1111, Development Plan Review. Efforts shall be made to locate in the order of priority listed below. If a location other than the most preferred location is proposed, the applicant shall demonstrate to the Planning and Zoning Commission that a technically suitable, higher priority location is not available and that the proposed location is needed to meet the reasonable service requirements of the applicant.

(a) New wireless antennas may collocate on existing telecommunication towers or on existing structures, which have been constructed for other purposes, such as but not limited to water towers, church towers, electric transmission towers, chimneys, and cooling towers, provided the antenna does not exceed twenty (20) feet above the highest point of the structure and the transmission and receiving equipment, where feasible, is stored inside the existing building or structure or on the roof in an enclosure. The foregoing does not preclude the use of small PCS base stations and repeaters on the sides of buildings, utility poles, or in ground mounted pedestals.

(b) New wireless telecommunication towers may be located on public owned land and/or public right-of-ways in the following priority:

(1) City owned property;

(2) County owned property; and

(3) State owned property.

(c) A wireless telecommunication tower may be located in a I-1 zoning district, when located a distance at least two (2) times the height of the tower from a residential district.

(d) A wireless telecommunication tower may be located within a recorded electric high tension power line easement, provided that the tower shall not exceed the height of the existing high tension power line towers by more than ten (10) feet and the wireless telecommunication tower shall be located within forty (40) feet of such existing high tension power line towers.

(e) A Wireless Communications Tower shall be permitted in any interstate highway right-of-way and shall be set back from any dwelling unit a distance of 110 percent (110 %) of the height of the tower.

(Ord. 2006-35. Passed 5-25-06.)

1161.04 LOCATIONS REQUIRING CONDITIONAL USE APPROVAL.

(a) A wireless telecommunications tower or facility may be considered in the following areas as a conditional use when approved by the Planning and Zoning Commission according to the procedures set forth in the specified Sections of Chapter 1115, Conditional Use Certificates: 1115.01 - Purpose; 1115.02 - Preapplication Meeting; 1115.03 - Submission of Application; 1115.04 - Conditional Use Application Procedures; 1115.05 - Review of Conditional Use Application; 1115.07 - Action by Planning and Zoning commission; 1115.08 - Terms and Duration of conditional Use Certificate; 1115.09 - Reapplication and 1115.10 - Similar Uses.

(b) The Public Hearing and Notice by Planning and Zoning Commission for a wireless telecommunications tower or facility shall be as follows: The Planning and Zoning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given by first class mail to the applicant and to the Willoughby Hills property owners within two thousand six hundred and forty (2,640) feet of the property on which the use is proposed. The cost of postage is to be paid by the applicant. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given on the City's website and social media accounts. All notices shall be made at least fourteen (14) days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.

(c) When considering an application, the Planning and Zoning Commission shall determine that the application demonstrates compliance with the standards set forth in Section 1161.05 as well as the standards set forth in Chapter 1147, Conditional Use Regulations, and the applicant has demonstrated that more preferred locations are not technically suitable. Efforts shall be made to locate the towers in the order of priority listed.

(1) New wireless telecommunication towers can be located in B-2, B-3, E, and I-1 districts when said tower is two hundred (200) feet from residential property and shall be subject to the regulations set forth in this Chapter.

(2) New wireless telecommunication facility that includes a tower shall not be permitted in a single-family or multi-family residential district with the exception of placement on any property with an institutional use (e.g. church, park, library, municipal government, hospital, school, utility) located in these districts. However, antennas, attached to existing buildings or structures are permitted. In applying for a permit in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone.

(Ord. 2017-10. Passed 4-27-17; Ord. 2025-002. Passed 2-13-25.)

1161.05 STANDARDS APPLICABLE FOR CONDITIONAL USE APPLICATIONS.

A wireless telecommunication facility that is proposed in a location that requires conditional use approval shall comply with the following:

(a) A wireless telecommunication facility shall be permitted in a location set forth in Section 1161.04 only to the extent that a technically suitable location is not available in an area identified in Section 1161.03. The applicant shall demonstrate that a technically suitable location in an area identified in Section 1161.03 is not available because:

(1) A technically suitable location does not exist in any area set forth in subsection 1161.03. The applicant shall provide documentation that supports the applicant’s claim that no such technically suitable location exists; or

(2) If another tower, building or structure set forth in subsection 1161.03 is technically suitable then the applicant shall show that reasonable efforts have been made to:

A. Request co-location on the existing tower(s), building(s) or structure(s) and that each co-location request was rejected by the owner of the tower, building or structure; or

B. Request all owners of properties that are determined to be technically suitable locations to permit construction of a wireless telecommunication tower, within reasonable terms, and demonstrate that each request was rejected.

(b) As a condition of approving the conditional use permit to construct and operate a wireless telecommunication tower in the City, the owner/operator of the wireless telecommunication tower shall be required to allow co-location until said tower has reached full antenna capacity. In no event shall the owner/operator agree to allow fewer than two additional antenna platforms. Agreement to this provision shall be included in the applicant’s lease with the landowner, if different from the owner/operator of such tower. Written documentation shall be presented to the Planning and Zoning Commission showing that the owner of the property on which such tower is to be located has agreed to the terms of this subsection as well as all other applicable requirements, regulations and standards set forth in this Chapter.

(c) Any wireless telecommunication tower proposed as a conditional use shall be located a minimum of one-half mile from any other wireless telecommunication tower proposed or previously approved as a conditional use.

(Ord. 2006-35. Passed 5-25-06.)

1161.06 STANDARDS APPLICABLE TO ALL WIRELESS TELECOMMUNICATION FACILITIES.

All wireless telecommunication towers and facilities shall comply with the following standards and conditions.

(a) Towers shall be of monopole design with no guy wires. The Planning and Zoning Commission may approve a lattice-type structure when the applicant demonstrates that such a structure provides greater ability to collocate additional antenna. Towers and antennas shall be designed to meet all applicable building code requirements.

(b) When reasonably possible, wireless telecommunication towers should be constructed with “stealth” design technology. Examples of stealth technology include architecturally screened roof mounted antennas, antennas integrated into architectural elements, the design of the tower to look like a light pole, power pole and trees, or other structures that may blend into the surrounding area.

(c) Unless otherwise provided for in this Chapter, a wireless telecommunication facility shall comply with the setback and yard requirements applicable to buildings in the underlying zone in which it is located. A wireless telecommunication tower shall be placed upon the lot in such a way as to minimize the visual impact on adjoining roads and properties. In no event shall any portion of a wireless telecommunication facility be located in front of the principal use or building on the lot, if any.

(d) Recognizing that the Federal Aviation Administration (FAA) may impose greater restrictions, a wireless telecommunication tower shall in no event be more than two hundred (200) feet in height as measured from the average ground level at the base of the tower. The applicant of a proposed tower shall demonstrate that the proposed tower is the minimum height necessary to accommodate the antenna and is no higher than existing towers housing similar antenna.

(e) Any accessory structure related to the wireless telecommunication facility shall comply with the district regulations in which the tower is located.

(f) Underground equipment shelters are encouraged and may be requested by the Planning and Zoning Commission.

(g) Outdoor storage of any supplies, vehicles, or equipment related to the use of the facility is prohibited.

(h) Existing vegetation, inclusive of trees and shrubs, shall be preserved to the maximum extent possible.

(i) A buffer area of two hundred (200) feet shall be placed between the wireless telecommunication facilities and the public right-of-way.

(j) The base of the tower and all related facilities shall be completely enclosed with a secure fence having a minimum height of eight (8) feet. Such fence shall be equipped with a locked gate.

(k) A landscaped buffer area of not less than fifteen (15) feet in depth shall be located around the required fence. The buffer area shall be continuously maintained and promptly restored when necessary and shall consist of at least one of the following:

(1) A row of hardy evergreen trees tightly spaced and deciduous trees planted twelve(12) feet on center with a 2.5-inch caliper. The initial evergreen plantings shall be no less than six (6) feet tall and planted a maximum of five (5) feet on center.

(2) Other appropriate landscaping that achieves the screening objective, as approved by the Planning and Zoning Commission.

(l) The communication tower and equipment shelter shall comply with all natural resource protection standards established in the Planning and Zoning Code and/or other applicable sections in the Codified Ordinances of the City of Willoughby Hills, including those for flood plains, wetlands and steep slopes.

(m) The tower shall be painted a non-contrasting gray or similar color as approved by the Architectural Board of Review minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the FAA.

(n) The tower shall be equipped with an appropriate anti-climbing device or shall have all climbing pegs from the lower twenty (20) feet of the tower removed and separately secured from the public.

(o) Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures shall not be attached to the antenna or tower. Lighting for security purposes shall be permitted at the base of the wireless telecommunication tower with a prior approval of the Architectural Review Board and the Planning and Zoning Commission.

(p) “No Trespassing” signs and a warning sign shall be posted on the required fence in clearly visible locations. The warning sign shall include phone numbers for the police, fire and county emergency management facilities, and a local or toll-free telephone number of whom to contact in the event of an emergency. The warning sign shall be twelve (12) inches by twelve (12) inches. No other signs or advertising shall be located anywhere on the facility or site.

(q) Signage, as required by the Federal Communications Commission or any other regulating agency, shall be displayed at the Wireless Telecommunications Facility.

(r) After issuance of a building permit to construct a Wireless Telecommunication Facility, the applicant shall commence construction within six (6) months and shall complete construction within one (1) year or the permit shall expire.

(s) All utility lines from the utility source to the Wireless Telecommunication Facility shall be underground.

(t) The owner of the antenna and/or tower shall annually file a declaration with the Zoning Administrator as to the continuing operation of every facility installed subject to this Chapter.

(u) As capacity permits, all Wireless Telecommunications Facilities shall be made available to the City, County, State, or Federal Government for antennas and equipment that serves the public interest. The owner of the facility may not levy unreasonable rental fees for said usage.

(Ord. 2006-35. Passed 5-25-06.)

1161.07 ABANDONED TELECOMMUNICATIONS FACILITIES.

(a) In the event the use of a wireless telecommunications tower ceases for a period of six months, whether the tower has had no antenna mounted upon it or the antenna(s) mounted thereon is not operated, the facility shall be considered abandoned. The owner/operator shall agree to remove the nonfunctioning facility within one hundred eighty (180) days after receipt of a notice from the Zoning Administrator to do so. If reactivation or dismantling does not occur within 180 days, the municipality will remove or will contract to have the facility removed, and assess he owner/operator the costs associated with such removal. Prior to receiving a zoning certificate, the owner/operator shall:

(1) Sign a written consent to annual inspection of the wireless telecommunication facility by the City Engineering Department or other representatives as appointed by the municipality; and,

(2) Be required as a condition to the issuance of a zoning certificate to post a performance guarantee of not less than two hundred dollars ($200.00) per vertical foot. Said bond shall insure that any abandoned obsolete or destroyed wireless telecommunication antenna or tower shall be removed within the mandatory 180 days. Any co-locator shall also execute such a bond to insure that the bond will be in place during the period of time that the co-locator occupies the tower. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond.

(b) In the event that more than one wireless telecommunication service provider is using a wireless telecommunications tower, the tower shall not be considered abandoned until all such users cease using the tower, as provided in this Section.

(c) The site shall be restored to its original state within six (6) months following the date that the wireless telecommunications tower or facility is no longer operational.

(Ord. 2006-35. Passed 5-25-06.)

1161.08 APPROVAL REQUIRED.

(a) All wireless telecommunications towers and facilities shall comply with the procedures for development plan review set forth in Chapter 1111.

(b) In addition to the submission requirements for development plans and conditional use certificates, the applicant shall submit the following additional items:

(1) Name, address and telephone number of the owner or lessee of the parcel of land on which the telecommunications facility is to be situated.

(2) The legal description, including County Auditor’s parcel identification number, city lot number, and address upon which the telecommunications facility is to be situated.

(3) The names, addresses and telephone numbers of all owners of other telecommunications facilities within a 2,500 foot radius of the proposed new tower or antenna, including City-owned property.

(4) Detailed description of the wireless telecommunications towers or facility’s capacity including the number and types of antenna that it can accommodate.

(5) Demonstration that the wireless telecommunications tower must be located where it is proposed in order to service the applicant’s service area, including an explanation of why a tower at this proposed site is technically necessary.

(6) When the telecommunications tower is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility.

(7) Documentation certifying that the wireless telecommunication facility complies with all current Federal Communications Commission (FCC) regulations for non-ionizing electromagnetic radiation (NIER).

(8) A vicinity map (at a scale of 1’ = 1,000’) indicating within a two-mile radius of the proposed site the location of all wireless telecommunications towers and facilities and electrical utility high-tension wires.

(9) A list of names and phone numbers of whom to contact in an emergency. This list shall be kept current at all times.

(10) A list of any and all hazards that are within the secured area.

(11) When the proposed facility is to include a new tower, a plot plan, including all building uses within 500 feet, shall be required at a scale not less than one-inch equal to a 1000 feet (1 inch = 1000 feet). Aerial photos and/or renderings may augment the plot plan.

(c) Prior to receiving approval for a new Wireless Telecommunications Facility, the applicant shall demonstrate to the City that such facility is needed to meet the reasonable service requirements of the applicant. This assessment shall include consideration of alternative sites and the operational implications of such alternatives with respect to, but not limited to, height, opportunities for co-location, impact on residents and impact on service levels. The City may retain consultants to review the information, with the reasonable costs for such consultation being borne by the applicant.

(d) When the applicant requests a building permit, the following items shall be provided:

(1) A report prepared by a licensed professional engineer shall be included with the submitted application and shall contain the height, design and proof of compliance with nationally-accepted structural standards published by the American National Standards Institute/Electronic Industry Association section 222-F, as amended.

(2) A soil report complying with the standards of ANSI/EIA 222-F (Annex I: Geotechnical Investigations for Towers), as amended, shall be submitted to the Building Inspector to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

(3) Wireless telecommunications towers and antennas shall be designed to withstand sustained winds at the minimum wind speed listed for Lake County in the TIA/EIA-222-F standards.

(4) The ANSI/EIA section 222-F (Annex H: Commentary on Ice Design Criteria for Communications Structures) shall be consulted for ice load specifications.

(5) Elevations of existing and proposed structures showing width, depth, and height of the telecommunications facility as well as the specifications of the antenna and support structure shall be presented.

(6) The applicant shall present documentation that the tower is designed in accordance with the standards established in the Section 1161.06 .

(7) The applicant shall demonstrate that the proposed tower complies with all Federal Aviation Administration regulations concerning safety.

(8) The applicant shall demonstrate that the proposed tower complies with all Federal Communications Commission regulations addressing radio frequency emissions standards.

(9) All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to 200 feet above the finished grade. Although the initial capacity may be for one antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for three (3) providers when constructed to the maximum allowable height.

(Ord. 2006-35. Passed 5-25-06.)

1161.09 DESIGN REVIEW.

(a) Upon approval by the Planning and Zoning Commission, the permit application must be reviewed and approved by the Architectural Board of Review. In addition to the submission requirements in Section 1111.07, Final Development Plan Submission Requirements, the applicant shall provide the following information:

(1) The location of any electrical or signal transmitting wires or cables to be used;

(2) The specific antenna support structure device which is to be used;

(3) The proposed method of screening the antenna support structure to make it as inconspicuous as possible and help it blend into the surrounding area, where feasible;

(4) Elevation drawings illustrating the placement, height, color and material of the antenna and its support structure; and

(b) If the information provided in sub-section (a) above does not clearly convey placement alternatives on the site, the Architectural Board of Review may require an independent evaluation of signal access for a minimum of the three most feasible, alternated locations on the site. The evaluation shall be prepared by a consultant approved by the Architectural Board of Review and paid for by the applicant.

(1) There is no other location on the site for the proposed antenna support structure which would resulting a less conspicuous or more aesthetically pleasing installation while still providing reasonable signal access;

(2) The antenna and its support structure is the smallest possible for the frequency used and optimally located to allow reasonable signal access;

(3) Apart from the tower or monopole structure, the facility appurtenances shall be aesthetically and architecturally compatible with the architecture of the surrounding environment;

(4) The color of the structure blends with the surrounding environmental characteristics; and

(5) A landscape plan shall be reasonably designed to enhance the aesthetic quality of the tower, location and to adequately screen the site from the view of drivers and pedestrians to the greatest extent possible.

(Ord. 2006-35. Passed 5-25-06.)

1161.10 EXEMPTION OF CERTAIN CITY PROPERTY.

Not withstanding the provisions of this Chapter, a Wireless Telecommunication Facility may be permitted on any property owned or controlled by the City and currently used for public services, and such Facility shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as may be required by the City Council.

(Ord. 2006-35. Passed 5-25-06.)

1163.01 PURPOSE.

The City of Willoughby Hills has determined that permitting adult oriented businesses, as defined in this Section, in proximity to residential, institutional, and non-adult oriented retail uses would have a detrimental effect on such adjacent uses. It has been demonstrated that adult oriented businesses, as defined in this Section, have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-adult oriented businesses. The provisions of this Chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. Therefore, in order to prevent potential deterioration in Willoughby Hills’ retail areas; and to avoid potential adverse impacts on residential and institutional uses particularly those where children are present, and thereby protecting the public health, safety and welfare, adult oriented businesses, as defined in this Section, shall be permitted only in the I-1 District subject to the following requirements.

(Ord. 2006-35. Passed 5-25-06.)

1163.02 FINDINGS.

The City Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities, including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.

(Ord. 2006-35. Passed 5-25-06.)

1163.03 DEFINITIONS.

(a) “Adult arcade” means any place to which the public is permitted or invited where either or both:

(1) Motion picture machines, projectors, video or laser disc players, or other video or image-producing devices are available, run via coin, token or any form of consideration, to show images to five or fewer persons at one time; and

(2) Where the images shown and/or live entertainment presented are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

(b) “Adult bookstore,” “adult novelty store” or adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, videodisks, CD-ROM disks, or video reproductions, slides or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or

(2) Instruments, devices or paraphernalia, other than prophylactics, that are designed for use in connection with “specified sexual activities.”

(1) Persons who appear in a “state of nudity” or “state of semi-nudity”; or

(2) Live entertainment characterized by the depiction or description of “specified anatomical areas” or by “specified sexual activities”; or

(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators or similar entertainment; or

(4) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

(d) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, videodisks, CD-ROM disks, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

(e) “Adult theater” means a theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a “state of nudity” or “semi-nudity” or live performances which are characterized by the by the depiction or description of “specified anatomical areas,” by “specified sexual activities,” or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment.

(f) “Nude model studio” means any place where a person who appears in a “state of nudity” or “semi-nudity” or “who displays specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.

(g) “Nudity,” “state of nudity” or “nude” means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume or covering that gives the appearance of or simulates any of these anatomical areas.

(h) “Semi-nudity,” “state of semi-nudity” or “semi-nude” means exposing to view with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.

(i) “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.

(j) “Adult oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio or sexual encounter center.

(k) “Specified anatomical areas” means any of the following:

(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

(l) “Specified sexual activities” means any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy;

(3) Excretory functions as part of or in connection with any of the activities set forth in subsection (l) (l) or (2) above.

(Ord. 2006-35. Passed 5-25-06.)

1163.04 LOCATION REGULATIONS.

(a) Subject to any other applicable regulations in the Codified Ordinances of the City of Willoughby Hills, other provisions of this Planning and Zoning Code, and any State law or regulation, an adult oriented business may be located only in accordance with the following restrictions:

(1) An adult oriented business may only be located as a conditional use in an I-1 District.

(2) No adult oriented business shall be established within 500 feet of any residential zoning district boundary.

(3) No adult oriented business shall be established within a radius of 1,000 feet of any lot containing a school, library, or teaching facility, whether public or private, governmental or commercial, which school, library, or teaching facility is attended by persons under 18 years of age.

(4) No adult oriented business shall be established within a radius of 1,000 feet of any lot containing a park or recreational facility attended by persons under 18 years of age.

(5) No adult oriented business shall be established within a radius of 1,000 feet of any lot containing another adult oriented business.

(6) No adult oriented business shall be established within a radius of 1,000 feet of any lot containing a church, synagogue, or permanently established place of religious services, which is attended by persons under 18 years of age.

(b) For the purposes of subsection (a) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult oriented business is conducted, to the nearest property line of the premises of a place of worship, public library or public or private elementary or secondary school.

(c) For the purposes of subsection (a) hereof, the distance between any two adult oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.

(d) A conditional use permit for an adult oriented business shall not be rendered invalid by the subsequent location of a place of worship, public or private elementary or secondary school, public park or public library within 1,000 feet of the adult oriented business.

(e) No person shall establish, operate or cause the establishment or operation of any adult oriented business in violation of the provisions of this Chapter, any other provisions of the Codified Ordinances of the City of Willoughby Hills, and any State statute or regulation.

(f) Nothing in this Section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.

(Ord. 2006-35. Passed 5-25-06.)

1163.05 SEVERABILITY.

If any section, subsection or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected.

(Ord. 2006-35. Passed 5-25-06.)

1167.01 PURPOSE.

The purpose of the Protected Areas Regulations is to provide standards which regulate development on hillsides and areas adjacent to watercourses and wetlands while conserving and promoting the public health, safety and general welfare by minimizing stormwater run-off, soil erosion, and other building and development problems unique to development on hillsides, in riparian areas, and adjacent to wetlands. Further, these regulations are designed to preserve, enhance, and promote the appearance and resources of hillsides, riparian areas, and areas adjacent to wetlands, and to retain the sense of image and identity that the hillside, riparian areas, and areas adjacent to wetlands impart to the City and its residents. These regulations also recognize the unique and sensitive nature of hillsides, riparian areas, and areas adjacent to wetlands within the community and the need to specifically address development thereon.

These regulations are designed to achieve, among others, the following objectives:

(a) To protect the general public, and private property owners, from risks to human life and safety, and potential property damage that could be caused by increased hillside instability.

(b) To assure access to properties within the Protected Areas by Emergency Vehicles involved in the protection of persons and property.

(d) To preserve and protect the valuable hydrologic systems, fragile hillsides, and valuable flora and fauna; while restricting the proliferation of invasive species in the Protected Areas.

(e) To maintain the ability of riparian areas and wetlands to:

(1) Reduce flood impacts by absorbing peak flows, slow the velocity of floodwaters, and regulate base flow.

(2) Stabilize the banks of watercourses to reduce woody debris from fallen or damaged trees, mitigate streambank erosion, and mitigate the downstream transport of sediments eroded from watercourse banks.

(3) Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.

(f) To maintain the ability of areas adjacent to wetlands to protect the flood control, erosion control, and water quality protection functions of wetlands by minimizing the effects of fluctuations in stormwater flow; urban pollutants; disposal of fill or dredged materials; and other impacts of land use change surrounding wetlands that can reduce wetland functions.

(g) To regulate, subject to the best available technology and practice, development in Protected Areas while conserving and promoting the public health, safety, convenience, and general welfare by minimizing problems due to flooding, water runoff, and soil erosion incurred to meet development needs.

(h) To use the best-accepted design, landscape architecture, building architecture, civil engineering, and hydrological engineering to preserve, enhance, and promote the existing and future appearance and resources in Protected Areas.

(i) To preserve and enhance the beauty of Protected Areas by encouraging the retention of natural topographical features such as drainage swales, streams, wetlands, slope ridge lines, rock outcroppings, vistas from and of hillsides, trees and other natural plant formations and to retain the sense of identity and image that the Protected Areas provide the Municipality. (Ord. 2008-15. Passed 6-12-08.)

1167.02 DEFINITIONS.

Only for the purposes of this Chapter, the following terms shall have the meaning herein indicated:

(a) “Areas Adjacent to Wetlands” means land next to the jurisdictional boundary of wetlands that, if appropriately sized, helps to protect the ability of wetlands to limit erosion, reduce flood size flows, and or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.

(b) "Cut" means a portion of land surface or areas from which the earth has been removed, or will be removed, by excavation; the depth below the original ground surface or excavating surface.

(c) “Develop” or “Development” means construction of a building or structure, subdivision of land, or the grading, excavating, removing or destroying of any natural vegetation, or removing any topsoil, unless otherwise excluded from the application of this Chapter by the provisions of Section 1167.04 (b).

(d) "Earth moving" means any excavating, cutting or filling, or any stockpiling of soils.

(e) "Erosion" means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.

(f) "Excavating" means removing of soil or other materials, by any means whatsoever, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.

(g) "Fill" means depositing of soil, rock or other materials by other than natural means.

(h) "Finish grade" means the final grade or elevation of the ground surface after grading is completed.

(i) “Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland waters, or;

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

(j) "Grade" means the degree of rise or descent of a sloping surface.

(k) "Grading" means any excavating, cutting or filling, stockpiling of land or earth or combination thereof, including the conditions resulting from any of the above.

(l) “Protected Areas” includes land in all zoning districts in the Municipality located in an area defined by the criteria set forth in Section 1167.03.

(m) “Hillside Areas” includes land in all zoning districts in the Municipality with slopes having a natural gradient within the limits set forth in Exhibit “A”, which is incorporated herein by reference.

(n) "Hillside control measures" means all of the planning work and control that is required and specified by this Chapter.

(o) "Impervious surface" means roads, buildings and structures, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.

(p) “Jurisdictional Boundary” means the outer extent of a wetland as determined by generally accepted wetland delineation methods accepted to the U.S Army Corps of Engineers at the time of application of this chapter.

(q) "Natural ground surface" means the ground surface in its original state before any grading, excavating or filling.

(r) "Natural vegetation" means plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.

(s) “Ohio Environmental Protection Agency” is referred to in this chapter as “Ohio EPA.”

(t) “Ohio EPA Category 2 Wetlands” means those wetlands classified as Category 2 wetlands under OAC 3745-1-54, in accordance with generally accepted wetland assessment methods accepted to the U.S Army Corps of Engineers and Ohio EPA at the time of application of this chapter.

(u) “Ohio EPA Category 3 Wetlands” mean those wetlands classified as Category 3 wetlands under OAC 3745-1-54, in accordance with generally accepted wetland assessment methods accepted to the U.S Army Corps of Engineers and Ohio EPA at the time of application of this chapter.

(v) “Ordinary high water mark” means the point of the bank or shore to which the presence and action of surface water is so continuous as to leave a zone marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the drainage channel limits of a watercourse.

(w) “Owner/developer/builder” means an individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.

(x) “Riparian Area” means land adjacent to watercourses that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.

(y) "Run-off" means the part of precipitation that flows over land without filtering into the soil.

(z) “Silviculture” means art, science and practice of establishing, tending and reproducing forest stands of desired characteristics based on knowledge of species characteristics and environmental requirements. This definition is provided by the Ohio Department of Natural Resources – Division of Forestry that is accepted and utilized by the USDA – Nature Resources Conservation Service and the Ohio State University.

(aa) "Undisturbed" means that portion of the parcel to be developed that will not be re-graded, have any vegetation removed from or have any impervious surface construction or cover as specified in this Chapter.

(ab) “Watercourse” means any natural brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

(ac) “Wetland” means those lands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40CFR 232, as amended).

(Ord. 2008-15. Passed 6-12-08.)

1167.03 PROTECTED AREAS MAP AND CRITERIA.

(a) The City Engineer, in consultation with such other professionals as hydrological and geological engineers, botanists, biologists, and landscape architects as he may deem necessary, shall create a map identifying the Protected Areas. Said map shall be reviewed by the Planning and Zoning Commission and approved by City Council and shall become a part of this regulation after public hearing and notice. Copies of the Protected Areas Map shall be made available for reference to property owners and the general public and is set forth as Exhibit “B.” Said map shall be published as a convenient reference document and the information contained therein shall be believed to be accurate; however, the City shall not certify the accuracy of the map and shall assume no liability or responsibility for discrepancies between the map and the criteria for the Protected Areas as set forth in Section 1167.03. In the event of a discrepancy between the Protected Areas Map and the criteria set forth in Section 1167.03, the criteria shall control.

(b) Protected areas shall be those lands within the City of Willoughby Hills that contain one or more of the following characteristics as determined by the City Engineer:

(1) The lands have exhibited evidence of unstable soil conditions;

(2) The lands have a natural gradient within the limits set forth in Exhibit “A.”

(3) The lands are adjacent to wetlands. Minimum areas adjacent to wetlands shall be measured outward from the jurisdictional boundary of each wetland as follows:

A. A minimum of 120 feet surrounding all Ohio EPA Category 3 wetlands.

B. A minimum of 75 feet surrounding all Ohio EPA Category 2 wetlands.

(4) The lands are adjacent to watercourses. Minimum areas adjacent to watercourses shall be measured from the ordinary high water mark of each watercourse as follows:

A. A minimum of 120 feet on either side of a watercourse draining an area greater than 20 square miles.

B. A minimum of 75 feet on either side of a watercourse draining an area of ½ square mile and up to 20 square miles.

C. A minimum of 25 feet on either side of a watercourse draining an area less than ½ square mile and having a defined bed and bank as determined by the City Engineer.

D. The minimum areas adjacent to watercourses detailed in Section 1167.03 (b)(4)A. to C. shall extend as follows:

1. Where the 100-year floodplain is wider than a minimum riparian area, the minimum riparian area shall be extended to the outer edge of the 100-year floodplain.

2. Where a wetland is identified within a minimum riparian area, the minimum riparian area shall be extended to the outermost boundary of the wetland. If the wetland is either Ohio EPA Category 2 or 3, the minimum riparian area shall be extended the distance detailed in 1167.03(b)(3)A or B above. (Ord. 2008-15. Passed 6-12-08.)

1167.04 APPLICABILITY.

(a) No person, whether as owner, developer, builder, or occupant shall make changes to any land located within a Protected Area by grading, excavating, removing, or destroying any natural vegetation, or removing any topsoil without first having obtained a permit authorizing such activity as provided herein.

(b) No person shall place soil, rock, debris, or any other material into a protected area or watercourse that may readily slough, slip, or erode into a water resource unless approved by the City.

(c) Unstable soils prone to slipping or landsliding shall not be graded, excavated, filled, or have loads imposed upon them, unless the proposed work has been reviewed by the City Engineer and a permit, if deemed necessary, is obtained under the provisions of this regulation.

(d) This Chapter shall not be interpreted to prohibit landscaping, gardening, maintenance, or silviculture; or to prohibit small scale planting of ornamental flowers or shrubs or the removal of diseased, dead, or damaged trees or trees which are a threat to the health and safety of the owner of the property. However, such activity shall be carried out in the conformance with the standards of Vegetation and Re- vegetation in this Chapter.

(Ord. 2008-15. Passed 6-12-08.)

1167.05 PERMIT PROCEDURES.

Applications for Protected Area Permits shall be submitted to the Zoning Administrator along with three (3) additional copies of the application and accompanying documents to the City Engineer. The Zoning Administrator shall review the application to ensure compliance with the requirements of this Chapter.

For good cause stated in writing, the City Engineer may recommend waiver of all or part of the requirements contained herein. The City Planning and Zoning Commission is authorized to waive the applicant's compliance with any provision(s) of this Chapter if the Planning and Zoning Commission determines that compliance is unnecessary to the preservation of the integrity of the Protected Area and/or the preservation of the objectives stated herein at Section 1167.01, Purpose. In connection with such review, the Zoning Administrator, the City Engineer, and/or the City Planning and Zoning Commission is authorized to consult and obtain opinions from such other professionals as hydrological and geotechnical engineers, botanists, biologists, and landscape architects as they may deem necessary.

No Protected Area permit shall be issued until the application, together with the report of the Zoning Administrator and the City Engineer, has been reviewed and approved by the Planning and Zoning Commission. Upon the filing of a request for a permit with the City Zoning Administrator to grade, excavate, clear, remove vegetation or topsoil, build, or subdivide in a Protected Area, the applicant shall provide the following:

(a) Preconstruction Regulations.

(1) Preconstruction Record.

A. Video Record. A video recording shall be filed with the City Zoning Administrator prior to any building, grading, or clearing activity on the Protected Area; the video recording shall show pre-development conditions of the Protected Area sufficient to insure compliance with these regulations.

B. Maps. Maps and data, either separately or combined, should be provided as follows:

1. Vicinity Map. A print, showing thereon the location of the proposed development and its relationship to adjacent streets and all community facilities which serve or influence it; the minimum scale for the vicinity map shall be one (1) inch equals one thousand (1,000) feet.

2. Property Line Map. A drawing, prepared by a Registered Surveyor showing bearings and distances of the parcel to be developed, location, width and purpose of easements, the name, width and location of abutting streets including location of pavements and sidewalks, structures on the parcel and within one hundred (100) feet on adjoining property; the minimum scale for the property line map shall be one (1) inch equals fifty (50) feet.

3. Topographic Map. A drawing, showing contours at two (2) foot intervals based on the County datum plane. It shall show approximate direction and gradient of ground slope on immediately adjacent land; and show watercourses, 100-year floodplains, wetlands, wooded areas, isolated trees and other significant features. In addition to those requirements, this drawing will clearly indicate the limits of the Protected Area; the minimum scale for the topographic map shall be one (1) inch equals fifty (50) feet.

4. Subsurface Map. A drawing showing subsurface conditions of the tract, including soil types; the minimum scale for the subsurface map shall be one (1) inch equals fifty (50) feet.

(2) Grading Plans. All proposed grading plans shall be of a minimum scale of one (1) inch equals thirty (30) feet and shall show the following:

A. A contour map with two (2) foot intervals and suitable cross sections and profiles of areas including, but not limited to, streets, driveways, buildings, utilities, pools, septic systems or where grading construction is proposed, along with quantities of cut and fill volumes.

B. Notes and details of existing terrain, including the natural topography of the Protected Area to be developed, the location and size of all structures, the finish grade of all improvement locations, and the dimensions, elevations and contours of any proposed earth moving. Subdivision grading plans shall include road profiles and cross-sections showing all significant changes in cross slopes and the proposed and natural grade at the centerline and right- of-way line of all streets and the proposed building setback lines.

C. A time schedule showing anticipated starting and completion dates of each stage of the project.

(3) Geotechnical Report. A geotechnical report by a qualified geotechnical engineer, that addresses all factors pertinent to site stability, both present and future, will be required by the City, and shall include the following:

A. Present Stability Evaluation. An evaluation of the present stability of the site, based on field exploration that includes test borings, followed by lab testing and stability analysis.

B. Future Stability Evaluation. An evaluation of the effect of the planned development on stability based on the findings in subsection (a)(3)A. hereof.

C. Recommended Strategies. Detailed strategies to ensure that existing or potential instabilities will be mitigated.

(4) Construction Plans. Plans, specifications, or drawings, prepared by a registered architect or a structural engineer, shall be submitted for any structure that is proposed to be constructed or otherwise placed in the Protected Area. This shall apply if any portion of the structure is proposed to be placed in the Protected Area.

(b) Performance Regulations for Activities in Protected Areas.

(1) Earth Moving Controls. The following minimum standards shall apply to earth moving:

A. Minimum alterations. Earth moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas.

B. Erosion control. Controls creating the lowest possible potential for airborne or waterborne transportation of soil shall be used. These erosion controls shall be installed prior to disturbance of existing vegetation or earth moving activity. Erosion controls shall be maintained and modified as necessary to ensure their proper operation; the owner(s), or any subsequent owner(s), of the premises shall be responsible for such maintenance, with such responsibility noted of record with the office of the Lake County Recorder.

C. Compaction. All fill shall be stabilized in conformance with generally accepted engineering standards, with a minimum compaction of ninety percent (90%) of maximum density. The City may require compaction tests by a qualified geotechnical engineer; the expense for such tests shall be the responsibility of the owner, developer, builder and/or occupant.

D. Prompt completion. All earth moving shall be accomplished in the shortest practical period of time. In no event shall the existing vegetation be destroyed, removed or disturbed more than fifteen (15) days prior to the initiation of earth moving.

E. Cut and fill. Cut and fill slopes shall be no steeper than three (3) horizontal to one (1) vertical; fill slopes shall neither be located on natural slopes steeper than 3:1 nor where fill slope toes out within twelve (12) feet horizontal of the top of an existing or planned cut slope. No unnecessary cuts and/or fills shall be allowed.

F. Hillside Buffer areas. Hillside buffer areas consisting of undisturbed land shall exist around the perimeter of the parcel according to the following:

1. For building sites not requiring plat approval:

Width of Parcel at Building Line (Ft.)	Side Lot Line Buffer Area Required (Ft.)*	Rear Lot Line Buffer Area Required (Ft.)
Less than 125	15	Regardless of width of parcel at building line, 25% of average lot depth or 50 feet, whichever is greater
At least 125 but less than 150	20
At least 150 but less than 200	40
200 feet or greater	50
* Side lot line buffer area excludes the area within 50 feet of the Right-of-Way, if such area is necessary to be used for driveway and/or utility purposes.

2. For building sites requiring plat approval under Title Five, Subdivision Regulations, of the Planning and Zoning Code:

a. Buffer area. An undisturbed buffer area of one hundred (100) feet wide around entire boundary of the proposed subdivision, with the exception of areas required to be disturbed for entrance roads, easements or utilities, which disturbance shall be no more than minimally necessary for such purpose(s).

b. For sublots within a subdivision, the area from the right-of- way to a distance fifty (50) feet from the right-of-way may be disturbed to allow for the placement of the roadway, utilities, and to provide grading for such.

c. Within a subdivision, the requirement of subsection (b)(1)F.1. hereof relative to required side lot line buffer areas is waived for sublots which contain the one hundred (100) foot side lot line buffer area required by subsection (b)(1)F.2.a. hereof along the entire length of the side lot line(s).

d. Within a subdivision, the requirement of subsection (b)(1)F.1. hereof relative to rear lot line buffer areas is waived for sublots which contain the one hundred (100) foot rear lot line buffer area required by subsection (b)(1)F.2.a. hereof along the entire length of the rear lot line.

(2) Hydrological Controls. The following standards shall apply to hydrologic controls:

A. Watercourses, Riparian Areas, and Wetlands. Watercourses, riparian areas, and wetlands shall not be disturbed except as detailed in Section 1167.05 (c).

B. Controlled run-off. Run-off shall be collected and transported over land through sheet flow, in a pipe or other approved manner to a storm sewer system, if available, or, otherwise to the bottom of a ravine or steep slope in a non-erosive manner. If required by the City Engineer, in accordance with generally accepted engineering principles, storm water detention facilities shall be installed. If run-off cannot be transported or collected as required herein, the applicant shall provide another manner of collection or transportation to the satisfaction of the City Engineer.

C. Interceptor ditches. Where required, interceptor ditches shall be established above steep slopes in such a way as not to saturate or erode soil; the intercepted water shall be conveyed in a pipe or other approved manner to a storm sewer system or to the bottom of a ravine or steep slope. If intercepted water cannot be conveyed in a manner required herein, the applicant shall provide another manner of conveyance to the satisfaction of the City Engineer.

D. Early completion. A drainage system shall be completed and operational at the earliest possible time during construction.

E. Hydrological control plan. A hydrological control plan, prepared by a registered professional civil engineer or landscape architect shall be submitted with the following information:

1. Inventory. A reasonably detailed description of:

a. The direction of flow within the local drainage basin;

b. All natural drainage channels directed toward and away from the hillside area within fifty (50) feet of its perimeter;

c. Other natural drainage ways which may affect or be affected by the proposal;

d. An assessment of watercourse type, including ephemeral, intermittent, or perennial;

e. The Ohio EPA aquatic life use designation or stream classification for headwater streams;

f. The Ohio EPA category, per the Ohio Rapid Assessment Method for Wetlands (ORAM), of any wetlands.

2. Special notations. Special notations shall be included high-lighting details of the terrain, existing natural surface drainage and areas subject to seepage or spring flow;

3. Proposed facilities. The location of all surface and sub-surface drainage devices and protective measures to be installed as part of the proposed development, together with a statement concerning existing active erosion occurring at the outlet of existing or proposed systems.

(3) Vegetation and Re-vegetation. The following standards shall apply to vegetation and re-vegetation:

A. Exposure. The smallest area of land possible shall be exposed at any given time during development and shall be exposed for as short a time as possible; where required to prevent erosion or where exposed land will remain for time periods exceeding fifteen (15) days, temporary cover shall be used during development; for land disturbances exceeding one acre, the project shall be designed and completed in phases so as to minimize the exposure of large areas of land.

B. Re-vegetation. Areas disturbed during development shall be landscaped, using native plantings with deep root systems whenever possible. Trees removed during development shall be replaced with native Ohio tree saplings that are typical to the site.

(4) Landscape Plan. A landscape plan, prepared by a professional registered landscape architect shall be submitted, and shall include the following:

A. Existing inventory. A site plan inventory describing the location and types of vegetation on the hillside or riparian area shall be submitted; such plan shall show the types and location of vegetation.

B. Re-vegetation. A site plan describing the type and location of proposed revegetation of disturbed areas;

C. Method. A detailed description of any slope, stabilization, and revegetation proposals.

(c) Performance Regulations for Activities in Riparian Areas and Areas Adjacent to Wetlands. Per Section 1167.05 (b)(2)A. of this regulation, watercourses, wetlands, riparian areas, and areas adjacent to wetlands shall not be disturbed during development activities, with the following exceptions:

(1) Crossings. The City Engineer may permit crossings of watercourses or wetlands through riparian areas and areas adjacent to wetlands with roads, driveways, easements, bridges, culverts, utility service lines, or other means, provided he determines that such crossings are necessary for site development, minimize disturbance in riparian areas and areas adjacent to wetlands, and mitigate any necessary disturbances.

(2) Streambank Stabilization Projects. The City Engineer may permit streambank stabilization projects along watercourses and within riparian areas, provided he determines that such measures are necessary, ecologically compatible, and substantially use natural materials and native plants to the maximum extent possible.

(3) Landscaping. The removal of natural vegetation within a riparian area or area adjacent to wetlands and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the City Engineer. Landscaping Plans shall be designed to maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian area or area adjacent to wetlands to the maximum extent practicable.

(d) If any activities proposed in riparian areas or areas adjacent to wetlands will involve work below the ordinary high water mark of a watercourse, proof of compliance with applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit shall be provided to the City Engineer and the Zoning Administrator. If required, this 404 permit may be a Nationwide Permit, including Ohio State Certification Special Conditions and Limitations or an Individual Permit, including Ohio 401 Water Quality Certification.

(Ord. 2008-15. Passed 6-12-08.)

1167.06 RETAINING WALLS.

Where required by topographic conditions or by generally accepted engineering principles, retaining walls shall be used to stabilize the hillside area, prevent unnatural erosion, protect and preserve the integrity of abutting roadways and to retain fill or cut slopes; such improvements shall require the prior approval of the City Engineer.

(Ord. 2008-15. Passed 6-12-08.)

1167.07 DRIVEWAYS.

The maximum grade of a driveway, measured from the edge of the roadway (as defined in Section 301.33 of the Traffic Code), shall not exceed ten percent (10%). Notwithstanding anything contained herein to the contrary, the maximum grade of the driveway shall not exceed ten percent (10%) for the first one hundred (100) feet from the edge of the roadway, and a maximum grade of fifteen percent (15%) thereafter, if the City Engineer determines that the integrity of the Protected Area, and the objectives contained in Section 1167.01 (“Purpose”), would be contradicted by compliance with the ten percent (10%) maximum grade and would be enhanced by the use of the alternate grade stated herein. Each driveway shall provide sufficient space and distance such that motor vehicles can enter the roadway in a forward motion.

Driveways are not permitted within Riparian Areas or areas adjacent to wetlands except as necessary for a crossing. Such crossings shall be in compliance with the criteria in Section 1167.05(c) and (d) of this regulation.

(Ord. 2008-15. Passed 6-12-08.)

1167.08 ADMINISTRATION AND APPEALS.

(a) The City Zoning Administrator and City Engineer shall review applications for Protected Area permits. In connection with such review, they are authorized to consult and obtain opinions from such other professionals as hydrological and geotechnical engineers, botanists, biologists, and landscape architects as they may deem necessary.

(b) No Protected Area permit shall be issued until the application has been reviewed and approved by the Planning and Zoning Commission. Any permit for activity within a Protected Area shall be denied if the proposal does not comply with the requirements contained in this Chapter, or if the proposal is so designed, or will be so located, constructed, or maintained as to endanger the public health, safety and welfare based upon generally accepted engineering principles.

(c) Based on site conditions and the extent of the proposed development activity, the City Zoning Administrator and City Engineer may advise applicants for permits in Protected Areas of their right to request variances from side, front, or rear lot setbacks in order to minimize development in the Protected Area. If granting such a variance, the Board of Building and Zoning Appeals, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this Zoning Code.

(d) Appeals shall be to the City's Board of Building and Zoning Appeals and shall be governed by the provisions of Chapter 1117, Appeals and Variances, of the Planning and Zoning Code.

(e) In determining whether there is difficulty with respect to the use of a property or practical difficulty with respect to maintaining the Protected Area as established in this regulation, such as to justify the granting of a variance, the Board of Building and Zoning Appeals shall consider the potential harm or reduction in functions to areas adjacent to watercourses and wetlands that may be caused by a proposed structure or use. In making this determination, Board of Building and Zoning Appeals may consider the following:

(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of Chapter 1169 - Flood Hazard Precautions may be used as guidance when granting variances in the 100-year floodplain.

(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the Protected Area. This determination shall be based on sufficient technical and scientific data.

(3) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the Protected Area as established in this regulation, placed on the landowner by this regulation and the availability of alternatives to the proposed structure or use.

(4) Soil-disturbing activities permitted in Protected Area through variances should be designed and executed to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and control sediment.

(5) In Protected Areas, the presence of significant impervious cover, or smooth vegetation such as lawns, compromise the benefits of protecting these Areas in the City of Willoughby Hills. Variances should not be granted for asphalt or concrete paving in the Protected Area. Variances may be granted for gravel driveways when necessary.

(6) Whether a property, otherwise buildable under the ordinances of the City of Willoughby Hills, will be made unbuildable because of this regulation.

(7) In order to maintain the Protected Area to the maximum extent practicable, the Board of Building and Zoning Appeals may consider granting variances to other area or setback requirements imposed on a property by the City’s Codified Ordinances. These may include, but are not limited to, parking requirements, requirements for the shape, size, or design of buildings, or front, rear, and side lot setbacks.

(8) In granting a variance under this regulation, the Board of Building and Zoning Appeals, for good cause, may impose such conditions that it deems necessary to maintain the purposes of this regulation and to mitigate any necessary impacts in the Protected Area permitted by variance. In determining appropriate mitigation, the Board of Building and Zoning Appeals shall consult with the City Engineer and may consult with other agencies including the Lake County Soil and Water Conservation District, and the Chagrin River Watershed Partners, Inc.

(f) Compliance with the provisions of this Chapter 1167, Protected Area Regulations, does not relieve the applicant from compliance with other applicable provisions of the City's Codified Ordinances. In the event of conflict between the provisions of this Chapter and any other provision of the City's Codified Ordinances, the more restrictive provision shall control.

(Ord. 2008-15. Passed 6-12-08.)

1167.09 SCHEDULE OF FEES AND DEPOSITS.

(a) At the time of filing the application for a Protected Area permit, there shall be paid to the Director of Finance a filing fee in the amount of fifty dollars ($50.00). There shall also, at such time, be deposited with the Director of Finance and thereafter maintained on deposit the amount of one thousand dollars ($1,000) or such larger or lesser amount as may be determined by the Zoning Administrator based on his estimate of the costs to be incurred by the City in reviewing the application for permit and to insure payment by the applicant of expenses incurred by the City in the processing of the application and all pertinent papers connected therewith.

(b) The cost and expense of any investigation which may be necessary by the Zoning Administrator, City Engineer, hydrological and geotechnical engineers, botanists, biologists, landscape architects, and the Law Director and such other City officials to determine whether the proposed application is in accordance with law, the cost of any and all notices required, and all other necessary expenses shall be paid by the applicant.

(c) The actual expenditures shall be paid by the applicant upon demand of the Director of Finance. The unexpended balance of the deposit shall be refunded to the applicant upon completion of all administrative proceedings involved in connection therewith. No filing fee shall be refunded or returned. No permits shall be issued until any amounts required to be paid by the applicant have been paid. (Ord. 2008-15. Passed 6-12-08.)

1167.99 PENALTY.

(a) Civil. In addition to any other penalty provided herein, in the event that work performed does not conform with the provisions of the Protected Area permit, a written notice to comply shall be served upon the architect, owner, developer, builder, contractor and/or occupant. Such notice shall set forth the nature of the correction required and the time within which correction shall be made. Failure to comply with such notice shall result in the issuance of a stop work order applicable to all activity except that necessary for correction of the violation. Upon correction of the violation, the stop work order shall be voided and all permitted activity may resume.

If the Zoning Administrator concludes that the issuance of additional corrective notices would be futile, any bonds or cash deposits posted with the City shall be forfeited, whereupon such security shall be used for completion of the Protected Area permit as approved. Any additional costs incurred by the City may be certified to Council for certification to the County Auditor for placement as a lien up on the property under authority of Ohio R.C. 715.47.

(b) Criminal. The owner or owners of any land or part thereof, where anything in violation of this chapter shall be placed or shall exist and any developer, architect, owner, developer, builder, contractor, and/or occupant, and all persons or corporations who violate any provisions of this chapter or fail to comply herewith or who build or otherwise develop in violation of the provisions of this chapter shall, for each and every violation or noncompliance, be fined not more than two hundred fifty dollars ($250.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(c) In addition to any other penalties provided herein, in the event of noncompliance with the provisions of this chapter, the Law Director shall be authorized to institute an appropriation action at law if the Zoning Administrator, alone or in consultation with other professionals, determines that a real and present emergency exists that is detrimental to the public health, safety or general welfare.

(Ord. 2008-15. Passed 6-12-08.)

1169.01 PURPOSE: METHODS OF REDUCING FLOOD LOSSES.

(a) Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard;

(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) Ensure that potential buyers are aware that property is in an area of special flood hazard; and,

(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(b) Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter includes methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water hazards, or which result in damaging increases in flood heights or velocities;

(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(4) Controlling filling, grading, dredging and other development which may increase flood damage; and,

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert waters or which may increase flood hazards in other areas. (Ord. 2006-35. Passed 5-25-06.)

1169.02 DEFINITIONS.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application, and only for the purposes of this Chapter, the following terms shall have the meaning herein indicated:

(a) “Accessory structure” means a structure on the same lot width, and of a nature customarily incidental and subordinate to, the principal structure.

(b) “Appeal” means a request for a review of the interpretation of the Building Inspector of any provision of this chapter or a request for a variance.

(c) “Area of shallow flooding” means a designated AO or AH zone on a community’s Flood Insurance Rate Map (FIRM) with a one (1) percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(d) “Area of special flood hazard” means the land in the flood plain within a community subject to a one (1) percent or greater annual chance of flooding in any given year. Areas of special flood hazard are designated by the Federal Management Agency as Zone A, AE, AH, AO, A1-30 and A99.

(e) “Base flood” means the flood having a one (1) percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one hundred-year (100-year) flood.

(f) “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

(g) “Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

(h) “Federal Emergency Management Agency” (FEMA) means the agency with the overall responsibility for administering the National Flood Insurance Program.

(i) “Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters, or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

(j) “Flood Insurance Rate Map” (FIRM) means an official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(k) “Flood insurance study” means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries and the water surface elevations of the base flood.

(l) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. For the Chagrin River, the allowable rise is one-half foot, for the Euclid Creek North and South Tributaries, the allowable rise is one foot.

(m) “Historic structure” means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

(3) Individually listed on the State of Ohio’s inventory of historic places with the Ohio Historic Preservation Office; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

A. By an approved state program as determined by the Secretary of the Interior

B. Directly by the Secretary of the Interior in states without approved programs.

(n) “Lowest floor” means the lowest floor of the lowest enclosed area (including a basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided that such enclosure is built in accordance with the applicable design requirements specified in Chapter 1169, Flood Hazard Precautions, for enclosures below the lowest floor.

(o) “Manufactured home” means a residential dwelling built in an off-site manufacturing facility in accordance with the Federal Manufactured Home Safety and Construction Standards. The term manufactured home does not include a recreational vehicle.

(p) “Manufactured home park” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent. This definition excludes any manufactured home park as defined in ORC 3733.01, over which the Ohio Public Health Council has exclusive rule making power.

(q) “Manufactured home subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale. This definition excludes any manufactured home park as defined in ORC 3733.01, over which the Ohio Public Health Council has exclusive rule making power.

(r) “Market value” means the most recent appraisal for adjusted assessed value of the existing structure as prepared by the County’s Auditor’s office for tax assessment purposes. Should this amount be in question, the permit applicant can submit an independent appraisal by a qualified appraiser to substitute for the “market value.”

(s) “New Construction” means structures for which the “start of construction” commenced on or after the initial effective date of Willoughby Hills’ Flood Insurance Rate Map, and includes any subsequent improvements to such structures.

(t) “Recreational vehicle” means a vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self-propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

(u) “Start of construction” means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, filling, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of a building.

(v) “Structure” means a walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

(w) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Substantial damage also means flood related damage sustained by a structure on two (2) separate occasions during the 10-year period for which the cost of repairs at the time of each such flood event, on the average equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred.

(x) “Substantial improvements” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,“ regardless of the actual repair work performed. The term does not, however, include:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or,

(2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure;” or,

(3) Any improvement to a structure that is considered new construction.

(y) “Variance” is a grant of relief from the standards of this Chapter consistent with the variance conditions herein.

(z) “Violation” means the failure of a structure or other development to be fully compliant with this ordinance.

(Ord. 2006-35. Passed 5-25-06.)

1169.03 APPLICATION, COMPLIANCE AND PENALTY.

(a) Land to which this Chapter Applies. This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Willoughby Hills as identified by the Federal Emergency Management Agency, including any additional flood hazard areas annexed by the City of Willoughby Hills that are not identified on the effective Flood Insurance Rate Map.

(Ord. 2006-35. Passed 5-25-06.)

(b) Basis for Establishing Areas of Special Flood Hazard. The areas of special flood hazard have been identified by FEMA in a scientific and engineering study entitled "Flood Insurance Study Lake County, Ohio and Incorporated Areas" effective February 3, 2010. This study, with accompanying "Flood Insurance Rate Map Lake County, Ohio and Incorporated Areas" effective February 3, 2010 and any revisions thereto is hereby adopted by reference and declared to be part of this Chapter. The Flood Insurance Study is on file at the City of Willoughby Hills, 35405 Chardon Road, Willoughby Hills, Ohio. (Ord. 2009-77. Passed 10- 22-09.)

(c) Compliance. Unless specifically exempted from filing for a development permit as stated in Section 1169.04 (b), no structure or land shall hereafter be located, erected, constructed, re-constructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this Chapter and all other applicable regulations which apply to uses within the jurisdiction of this Chapter.

(d) Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another chapter, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e) Interpretation. In the interpretation and application of this chapter, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under State statutes. Where a provision of this chapter may be in conflict with a State law, such State law shall take precedence over this Chapter.

(f) Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Willoughby Hills, any officers or employee thereof, or the Federal Emergency Management agency,

for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(g) Violations and Penalties. Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor of the third degree. Any person who violates this ordinance or fails to comply with any of its requirements (including violations of conditions of and safeguards established in connection with conditions) shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned as provided by the laws of the City of Willoughby Hills. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Willoughby Hills from taking such other lawful actions as is necessary to prevent or remedy any violations. The City of Willoughby Hills shall prosecute any violation of this ordinance in accordance with the penalties stated herein.

(h) Severability. Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 2006-35. Passed 5-25-06.)

1169.04 DEVELOPMENT PERMIT PROCEDURES; DUTIES OF ADMINISTRATOR; APPEAL AND VARIANCE PROCEDURES.

(a) Establishment of Development Permit. A development permit shall be obtained from the Building Inspector before construction or development begins within any area of special flood hazard established in Section 1169.03 (b). Application for a development permit shall be made on forms furnished by the Building Inspector and may include, but not be limited to: site specific topographic plans drawn to scale showing the nature, location, dimension and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(1) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in special flood hazard areas where base flood elevation data are utilized;

(2) Elevation in relation to mean sea level to which any proposed nonresidential structure will be floodproofed in accordance with Section 1169.05(b)(2) where base flood elevation data are utilized;

(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 1169.05(b)(2) where base flood elevation data are utilized;

(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished;

(5) Certification by a registered professional engineer, architect, or surveyor of the structure’s as-built lowest floor or floodproofed elevation; and,

(6) Certification by a registered professional engineer or architect of the construction cost of the improvement.

(b) Exemption from Filing a Development Permit. An application for a development permit shall not be required for painting activities. An application shall also not be required for other maintenance work such as roofing, basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than twenty-five hundred dollars ($2,500). Any proposed action exempt from filing for a Development Permit is also exempt from the standards of this ordinance.

(c) Designation of the Flood Damage Prevention Administrator. The Building Inspector is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions.

(d) Duties and Responsibilities of the Building Inspector. The Building Inspector’s duties and responsibilities shall include but are not limited to:

(1) Permit Review.

A. Review all development permit applications to determine that the permit requirements of this Chapter have been satisfied.

B. Review all development permit applications to assure that all necessary permits have been received from those Federal, State or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.

C. Review all development permit applications to determine if the proposed development is located within a designated floodway. Floodways are delineated in the Flood Boundary and Floodway Map or the Flood Insurance Rate Map of the Flood Insurance Study. Floodways may also be delineated in other sources of flood information. If the proposed development is located within a designated floodway, assure that the encroachment provisions of Section 1169.05 (c)(1) is met.

D. Inspect all development projects before, during, and after construction to ensure proper elevation of the structure and to ensure compliance with all provisions of this ordinance.

(2) Use of Other Base Flood Elevation and Floodway Data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1169.03 (b) are designated as Zone A on the Community’s Flood Insurance Rate Map. Within those areas, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 1169.05 (b)(1), Section 1169.05 (b)(2) and Section 1169.05 (c).

(3) Information to be Obtained and Maintained. Where base flood elevation data are utilized within areas of special flood hazard on the Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply:

A. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and record whether or not such structures contain an enclosure below the lowest floor;

B. For all new or substantially-improved floodproofed non-residential structures:

1. Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and

2. Maintain the floodproofing certifications required in Section 1169.04 (a) (3) hereof.

C. Maintain for public inspection all records pertaining to the provisions of this Chapter including base flood elevation data, Flood Insurance Rate Maps, variance documentation, Conditional Letter of Map Revision, Letters of Map Revision, Letters of Map Amendment, and as-built elevations.

(4) Alteration of Watercourses.

A. Notify adjacent communities, the Ohio Department of Natural Resources, Division of Water and the U.S. Army Corps of Engineers prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. A watercourse shall be considered to be altered if any change occurs within its banks.

B. Maintain engineering documentation required in Section 1169.04 (a)(4) that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished.

C. Require that necessary maintenance will be provided for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.

(5) Interpretation of Flood Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Where a map boundary and elevations disagree, the elevations delineated in the flood elevation profile shall prevail. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1169.04 (e) hereof.

(e) Variance Procedure.

(1) Appeal Board.

A. The Board of Building and Zoning Appeals (BZA) as established by Charter Section 5.3 shall hear and decide appeals and requests for variances from the requirements of this Chapter.

B. The BZA shall hear and decide appeals when it is alleged that is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration or this Chapter.

C. Those aggrieved by the decision of the BZA, or any interested party, may appeal such decision to the Court of Common Pleas of Lake County, Ohio, as provided in Ohio R.C. Chapter 2506.

D. In passing upon such applications, the BZA shall consider and make findings of fact on all elevations, all relevant factors, standards specified in other sections of this Chapter, and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

6. The necessity to the facility of a waterfront location, where applicable;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

E. Upon consideration of the factors of Section 1169.04 (e) (1) D. hereof and the purposes of this chapter, the BZA may attach such conditions to the granting of the variances as it deems necessary to further the purposes of this chapter.

F. The Flood Plain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(f) Conditions for Variances.

(1) Variances may only be issued where due to physical characteristics of the property compliance with the requirements of this Chapter creates an exceptional hardship. Increased cost or inconvenience of meeting the requirements of this ordinance do not constitute an exception hardship.

(2) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in Section 1169.04 (e)(1)D. hereof have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(3) Variances may be issued for the repair, restoration, reconstruction or rehabilitation of historic structures upon a determination that the proposed repair, restoration, reconstruction, or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(6) Variances shall only be issued upon:

A. A showing of good and sufficient cause;

B. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 1169.04 (e)(1)D. hereof, or conflict with existing local laws or ordinances; and

D. A determination that the structure or other development is protected by methods to minimize flood damages.

(7) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 2006-35. Passed 5-25-06.)

1169.05 PROVISIONS FOR FLOOD HAZARD REDUCTION.

(a) General Standards. The following standards apply in all areas of special flood hazards including those where base flood elevation data have been provided. Where a structure, including its foundation members, is elevated on fill to a minimum of 18 inches above the base flood level, the requirements for Section 1169.05 (a)(1), Anchoring, and Section 1169.05 (a)(2), Construction materials and methods, are satisfied.

(1) Anchoring.

A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors.

B. All manufactured homes not otherwise regulated by the Ohio Revised Code pertaining to manufactured home parks shall be anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors.

(2) Construction Materials and Methods.

A. All new construction and substantial improvements shall be constructed with materials resistant to flood damage.

B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage

C. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(3) Utilities. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code.

A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;

B. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

C. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

D. An individual “off-lot” discharge of a home sewage system will not be permitted unless a National Pollutant Discharge Elimination System (NPDES) permit is obtained from the Ohio Environmental Protection Agency and written authorization is received from the Lake County Health District.

(4) Subdivision Proposals.

A. All subdivision proposals, including manufactured home subdivisions, shall be consistent with the need to minimize flood damage;

B. All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

C. All subdivisions proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage; and

D. All subdivision proposals, including manufactured home subdivisions, shall meet the specific standards of Section 1169.05 (b) and 1169.05 (c).

(5) Standards in Areas of Special Flood Hazard without Base Flood Elevation Data. In all areas of special flood hazard identified as Zone A on the Flood Insurance Rate Map where base flood elevation data are not available from any source, new construction and substantial improvement of any residential, commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated to at least two feet above the highest adjacent natural grade.

(b) Specific Standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 1169.03 (b), Section 1169.04 (d)(2), or Section 1169.05 (a)(5), the following provisions are required:

(1) Residential Construction.

A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of 18 inches above the base flood elevation.

(2) Nonresidential Construction.

A. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to a minimum of 18 inches above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall;

1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water to the level of the base flood elevation. In order to be eligible for lower flood insurance rates, the structure should be floodproofed to a minimum of 18 inches above the base flood elevation;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this subsection. Such certification shall be provided to the official as set forth in Section 1169.04 (a)(3).

(3) Accessory Structures.

A. A relief to the elevation or dry floodproofing standards may be granted for accessory structures such as sheds or detached garages containing 600 square feet or less in gross floor area. Such structures shall meet the encroachment provisions of Section 1169.05 (c)(1) hereof, and the following additional standards:

1. They shall not be used for human habitation;

2. They shall be constructed of flood resistant materials;

3. They shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters;

4. They shall be firmly anchored to prevent flotation;

5. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to a minimum of 18 inches above the level of base flood elevation; and

6. They shall meet the opening requirements of Section 1169.05 (b)(5).

(4) Manufactured homes and Recreational vehicles. The following standards shall apply to all new and substantially-improved manufactured homes not subject to the manufactured home requirements of Ohio R.C. 3733.01.

A. Manufactured homes shall be anchored in accordance with Section 1169.05 (a)(1)B. hereof.

B. Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of 18 inches above the base flood elevation. These standards also apply to recreational vehicles that are either (1) located on sites for 180 days or more, or (2) are not fully licensed and ready for highway use.

(5) Enclosures Below the Lowest Floor. The following standards apply to all new and substantially-improved residential and non-residential nonbasement structures which are elevated to a minimum of 18 inches above the base flood elevation using pilings, columns, or posts, or solid foundation perimeter walls with opening sufficient to allow unimpeded movement of flood waters. These structures may enclose the area below the base flood elevation provided the following conditions are met:

A. Fully enclosed areas below the lowest floor that are useable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

B. Design for meeting this requirement must:

1. Be certified by a registered professional engineer or architect; or

2. Shall meet or exceed the following criteria:

a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

b. The bottom of all openings shall be no higher than one foot above grade; and

c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(6) Subdivisions and Large Developments. In all areas of special flood hazard where base flood elevation data have not been provided in accordance with Section 1169.03(b), “Basis for establishing the areas of special flood hazard,” or Section 1169.04(d)(2), “Use of other base flood elevation and floodway data,” the following standards apply to all subdivision proposals, including manufactured home subdivisions, and other proposed developments containing at least 50 lots or 5 acres (whichever is less):

A. The applicant shall provide base flood elevation data performed in accordance with standard engineering practices;

B. If Section 1169.05 (b)(6)A., is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provision of 1169.05(a), General Standards, and Section 1169.05 (b), Specific Standards.

(c) Floodways. The Flood Insurance Study referenced in Section 1169.03 (b), Basis for Establishing the Areas of Special Flood Hazard, identifies a segment within areas of flood hazard known as a floodway. Floodways may also be delineated in other sources of flood information as specified in Section 1169.04 (d)(2), Use of Other Base Flood Elevation and Floodway Data. The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris potential projectiles, and erosion potential. The following provisions apply within all delineated floodway areas:

(1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a hydrologic and hydraulic analysis performed in accordance with standard engineering practices demonstrates that the proposed encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) If Section 1169.05 (c)(1) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

(3) Any encroachment within the floodway that would result in an increase in base flood elevation can only be granted upon the prior approval by the Federal Emergency Management Agency. Such requests must be submitted by the Building Inspector to the Federal Emergency Management Agency and must meet the requirements of the National Flood Insurance Program.

(Ord. 2006-35. Passed 5-25-06.)

CODIFIED ORDINANCES OF WILLOUGHBY HILLS

Willoughby Hills City Zoning Code

TITLE ELEVEN

Supplemental Development Standards

1153.01 PURPOSE.

Off-street parking regulations are established to achieve, among others, the following:

(a) To relieve congestion so streets can be utilized more fully for movement of vehicular traffic;

(b) To promote the safety and convenience of pedestrians and shoppers by separating parking areas and extensive car movements in the vicinity of pedestrian ways;

(d) To promote the general convenience, welfare and prosperity of residential, business, service and manufacturing developments which depend on off-street parking facilities; and,

(e) To provide regulations and standards for the development of accessory off-street parking and loading facilities in accordance with objectives of the Master Plan and codes of the City.

(Ord. 2006-35. Passed 5-25-06.)

1153.02 PARKING FACILITIES REQUIRED.

(a) A building is constructed or a new use is established.

(b) The use of an existing building is changed to a use requiring more off-street parking facilities.

(c) An existing building is altered and there is an increase in seating capacity, floor area of the building, or number of employees.

(Ord. 2006-35. Passed 5-25-06.)

1153.03 UNITS OF MEASURE.

In computing the number of parking spaces required by this Planning and Zoning Code, the following rules shall apply:

(a) Floor Area. Where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used, unless specifically noted otherwise.

(c) Employees. Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees on any two successive shifts.

(d) Fractional Numbers. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.

(Ord. 2006-35. Passed 5-25-06.)

1153.04 OFF-STREET PARKING STANDARDS.

Schedule 1153.04

Required Off-Street Parking Spaces

Principal Building or Use	Minimum Spaces Required (1)
(a) Residential Uses:
(1) Single-family detached dwelling	2 enclosed parking spaces per dwelling unit
(2) Single-family attached dwelling (townhouse)	2 parking spaces per dwelling unit, 1 enclosed
(3) Two-family dwelling	2 parking spaces per dwelling unit 1 enclosed
(4) Upper floor apartments in Commercial Districts	1 space per dwelling unit
(5) Multi-family dwelling	2 spaces per dwelling unit, plus parking for visitors at the rate of 1 space for every 4 dwelling units
(6) Congregate care facilities, nursing home	1 space per 2 beds of maximum capacity
(7) Adult care facility and residential facility	1 space per 2 beds of maximum capacity
(b) Community/Educational Facilities
(1) Auditorium, assembly hall, membership, club, conference center	1 space for every 4 seats in assembly hall, plus 1 space per 50 square feet in dining room
(2) Church or other place of worship	1 space for every 4 seats in principal meeting room
(3) Elementary, junior high	2 spaces per classroom plus 1 space for every 4 seats in the largest auditorium or assembly room
(4) High school	1 space for every teacher, employee and administrator, plus 1 space per 7 students, plus 1 space for every 4 seats in the largest auditorium or sports arena
(5) Kindergarten, nursery school, child or adult day care center	2 spaces per classroom but not less than 6 spaces for the building
(6) Library, cultural institution, or similar public building	1 space per 250 square feet of floor area
(7) School, commercial, business, or trade	1 space for every 3 students
(8) Studios for instruction	1 space for every 3 students
(c) Office, Professional Services
(1) Banks, financial institutions	1 space per 250 square feet of floor area
(2) Business, professional and administrative offices (excluding medical and dental)	1 space per 300 square feet of floor area

Principal Building or Use	Minimum Spaces Required (1)
(c) Office, Professional Services (CONT.)
(3) Hospital	1 ½ space for every 2 beds
(4) Scientific research, development, training and testing facilities	1 space per 400 square feet of floor area
(5) Medical, dental office and/or clinic, including urgent care clinic	1 space per 200 square feet of floor area
(d) Restaurants/Retail/Personal Services
(1) Beauty, barber and nail shops	2 spaces per beauty, barber or nail chair
(2) Commercial plant nursery, greenhouse	1 space per 400 square feet of sales floor area
(3) Funeral home	1 space per 50 square feet of floor area of sitting or service rooms, plus one space for each vehicle maintained on the premises
(4) Hotel, motel, bed and breakfast establishment	1 1/4 space per guest room or unit
(5) Hotel retail shop, dining room or meeting room	1 space per 125 square feet of floor area
(6) Restaurant (including bars/taverns)--Table Service	1 space per 50 square feet of floor area, or 1 space for every 2 seats, whichever is greater
(7) Retail store	1 space per 250 square feet of floor area
(8) Service establishment, business	1 space per 250 square feet of floor area
(9) Service establishment, personal (except as otherwise regulated in this Section)	1 space per 250 square feet of floor area
(10) Veterinary office, animal hospital, and kennel	1 space per 400 square feet of floor area
(11) All other commercial uses	1 space per 250 square feet of floor area
(e) Entertainment-Recreation
(1) Bowling alley	4 spaces per bowling lane, plus 1 space per 100 square feet of floor area used for a restaurant or lounge
(2) Commercial recreation, indoor (theaters, sports arenas, dance halls)	1 space for every 4 seats, plus 1 space per 50 square feet of floor area used for a restaurant

Principal Building or Use	Minimum Spaces Required (1)
(e) Entertainment-Recreation (CONT.)
(3) Commercial recreation, outdoor	1 space per 250 square feet of recreation area
(4) Golf course	6 spaces per hole, plus 1 space per every 2 seats in restaurant area
(5) Health club	1 space per 200 square feet of exercise area, including locker and equipment rooms
(6) Miniature golf	2 spaces per hole
(7) Skating rink	1 space per 100 square feet of floor area (including lounging and spectator area)
(8) Swimming pools (not associated with residences)	1 space for every 5 persons based on pool capacity
(9) Tennis courts	4 spaces per court
(f) Automotive Uses
(1) Automotive service station	2 spaces per service bay
(2) Car wash	1 space for every employee
(3) Gasoline station/pumps	1 space per employee
(4) Sales, service, repair and/or storage of farm implement, construction equipment, recreation vehicles, or other large equipment	1 space per 400 square feet of floor area of sales room, plus 2 spaces for each service bay
(5) Vehicle repair garage, motor vehicle body shop	2 spaces per service bay
(g) Warehousing and Manufacturing Uses
(1) Distribution, warehouse facility, and wholesale business	1 space per 800 square feet of floor area
(2) Light manufacturing, assembly	1 space per 400 square feet of floor area
(3) Self-storage facility, indoor	1 space per 400 square feet of floor area
(4) Transport and truck terminal	1 space for every 2 employees
(5) All other industrial uses	1 space per 400 square feet of floor area
(1) A minimum of five (5) spaces is required for each facility other than a single-family detached dwelling, single-family attached dwelling or two-family dwelling.

(Ord. 2006-35. Passed 5-25-06.)

1153.05 ALLOWANCE FOR SHARED PARKING.

1153.06 DEFERRED CONSTRUCTION OF REQUIRED SPACES.

(a) The total number of spaces initially constructed shall not be less than 70 percent of the spaces required by Schedule 1153.04, Required Off-street Parking Spaces.

(c) The Planning and Zoning Commission, upon reevaluation of the project's parking needs, may at any time direct that some or all of the parking spaces identified in subsection (b) be constructed.

(d) Any additional parking shall be provided according to the approved development plan. (Ord. 2006-35. Passed 5-25-06.)

1153.07 LOCATION OF REQUIRED PARKING SPACES.

In addition to specific requirements contained in each district regulation, the location of off-street parking facilities shall further be regulated according to the following provisions:

(a) Single-Family Detached and Two-family Dwellings. Off-street parking spaces required for dwelling units shall be located on the same lot as the dwelling unit served.

(b) Single-Family Attached Dwelling/Townhouses. One (1) of the two (2) required off-street parking spaces required for a dwelling unit shall be located on the same lot as the dwelling unit served.

(Ord. 2014-48. Passed 7-10-14.)

(Ord. 2006-35. Passed 5-25-06.)

1153.08 OFF-STREET WAITING SPACES FOR DRIVE-THRU FACILITIES.

(a) Minimum Number of Waiting Spaces:

(a) Establishments serving and/or selling food and/or drinks:	Six 6 waiting spaces per drive-thru window as measured from the order board or station
(b) Automatic car wash facilities where a chain conveyor or other similar method is used to move the vehicle through the structure:	Five 5 waiting spaces
(c) Facilities with service windows or service entrances such as banks, ticket booths, drive-up ATM machines and other similar facilities:	Four waiting spaces for the first drive-thru window or stall and two (2) waiting spaces for each additional window or stall
(d) Self-serve car wash facilities:	Four (4) waiting spaces per stall
(e) Gasoline stations:	Two (2) waiting spaces per accessible side of a gasoline pump island
(f) All other uses	Three (3) waiting spaces for each window or stall

(b) Vehicles Prohibited within the Public Right-of-Way. In any case, vehicles shall not be permitted to wait within the public right-of-way for service at such drive-in or drive-thru facilities.

(Ord. 2006-35. Passed 5-25-06.)

1153.09 PARKING SPACES FOR PERSONS WITH DISABILITIES.

(Ord. 2006-35. Passed 5-25-06.)

1153.10 PARKING DESIGN STANDARDS.

Schedule 1153.10

Minimum Dimensions for Parking Areas

	45o	60o	90o	PARALLEL
(a) Width of Parking Space	9 ft.	9 ft.	9 ft.	9 ft.
(b) Length of Parking Space	20 ft.	20 ft.	20 ft.	23 ft.
(c) Width of Parking Aisle*	18 ft.	20 ft.	22 ft.	12 ft.
(d) Width of Double-Loaded Parking Module when Spaces Interlock	58 ft.	60 ft.	62 ft.	30 ft.
(e) Width of Circulation Aisle	17 ft.	14 ft.	14 ft.	14 ft.
Note to Schedule 1153.10: *Parking aisles having a width less than 22 feet shall be one-way aisles.