In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this Zoning Code for a particular building shall not be diminished and shall not be included as a part of the required lot or yard areas of any other buildings. The lot or yard areas of buildings existing at the time of passage of this Zoning Code shall not be diminished below the requirement herein provided for buildings hereafter erected and such required areas shall not be included as a part of the required areas of any building hereafter erected. This Zoning Code does not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinances or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor shall this Zoning Code interfere with or abrogate or annul any easements, covenants or other agreements between parties; however, where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or by such easements, covenants or agreements, the provisions of this Zoning Code shall control.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01.)

   (EDITOR’S NOTE: For provisions regarding enforcement of the Zoning Code, see Section 167.02 of these Codified Ordinances.)

   No permit shall be issued under authority of the Building Code and/or Zoning Code while any ordinance or other measure is pending before Council or the Planning Commission, under which ordinance or measure, if adopted, any work, use, construction, alteration, installation or repair covered by such permit(s) would be prohibited. However, no permit(s) shall be withheld for a total period of more than ninety days after application therefor by reasons of the pendency of any one or more of such ordinances or measures.

(Ord. 668. Passed 12-18-50; Ord. 2001-37. Passed 7-10-01; Ord. 2003-57. Passed 11-5-03.)

   Nothing contained in this Zoning Code shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within thirty days of the date of such permit, and the ground story framework of which, including the second tier of beams, has been completed within six months of the date of such permits, and which entire building shall be completed according to such plans, as filed, within two years from the date of the passage of this Zoning Code. Nothing in this Zoning

   Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this Zoning Code or prevent a change of such existing use under the limitations provided in Section 1163.02. Nothing in this Zoning Code shall prevent the restoration of a wall declared unsafe by the Building Inspector.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01.)

   (a)   Council may, by ordinance, from time to time on its own motion, or on petition, amend the regulations established in this Zoning Code. Every such proposed amendment shall, after it has been introduced, be referred by Council to the Planning Commission for report. The Commission shall conduct a public hearing on such proposed amendment, and notice of such hearing shall be published in a newspaper having a general circulation in the City at least ten days prior to the date of such public hearing. The hearing before the Commission on proposed amendments may be continued from time to time without further notice.

   (b)   The Commission may approve or suggest changes in the proposed amendment, and shall submit its report to Council. The form of the report shall be as determined by the Commission. Any such amendment that has failed to receive the approval of the Commission shall not be passed by Council except by five votes of Council. Amendments proposed by the Commission under authority conferred by the City Charter on that body shall be subject to the same procedure as outlined above, except that such amendments need not be introduced by Council before the hearing of the Commission.

(Ord. 58-76. Passed 3-18-59; Ord. 2001-37. Passed 7-10-01; Ord. 2009-8. Passed 3-3-09; Ord. 2009-17. Passed 5-5-09.)

   The sections, subsections, districts and building lines forming part of or established by this Zoning Code and the several parts, provisions and regulations thereof are hereby declared to be independent sections, subsections, districts, building lines, parts, provisions and regulations, and the holding of any such section, subsection, district, building line, part, provision or regulation thereof to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, district, building line, part, provision or regulation thereof.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01.)

   Unless otherwise provided in this Zoning Code, the owner or owners of any building or premises or part thereof, where anything in violation of this Zoning Code is placed or exists, and any architect, builder or contractor who may be employed to assist in the commission of any such violation, and all persons or corporations who violate any of the provisions of this Zoning Code or fail to comply therewith, or any requirements thereof, or who build in violation of any detailed statement of plans submitted and approved thereunder, shall, for each and every violation or noncompliance, be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01.)

   As used in this Zoning Code, words, terms and phrases shall have the meanings given them in this chapter. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word “lot” includes the word “plot” and the word “building” includes the word “structure”.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   An “accessory use or building” is a use or building customarily incident to and located on the same lot with another use or building.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   An “apartment” is a room or suite of rooms in an apartment house which room or suite is arranged, intended or designed to be occupied as the residence of a single family, individual or group of individuals.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   (EDITOR'S NOTE: Section 1133.04 was repealed by Ordinance 2012-11, passed March 20, 2012.)

   (EDITOR'S NOTE: Section 1133.05 was repealed by Ordinance 2012-11, passed March 20, 2012.)

   (a)   A “dwelling” is a building arranged, intended or designed to be occupied by not more than two families living independently of each other and doing their own cooking upon the premises.

   (b)   A "single-family dwelling" is a dwelling arrangement, intended or designed to be occupied by a single family and having an area of not less than 7,200 cubic feet, exclusive of a basement or utility roam.

   (c)   A "two-family dwelling" is a detached dwelling arranged, intended or designed to be occupied by two families, one of which has its principal living rooms on the first floor and the other of which has its principal living rooms on the second floor, each having an area of not less than 1,000 square feet, exclusive of a basement, utility room or attached garage.

(Ord. 92-26. Passed 6-16-92; Ord. 2001-37. Passed 7-10-01; Ord. 2012-11. Passed 3-20-12.)

   A “family” is any number of individuals living and cooking together on the premises of a single housekeeping unit.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   (a)   The “established grade” is the elevation of the street curb as fixed by the City.

   (b)   The “natural grade” is the elevation of the undisturbed natural surface of the ground adjoining the building.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   The “height of a building” is the vertical distance measured at the center line of its principal front from the established grade or from the natural grade, if higher than the established grade, to the level of the highest point in the coping of flat roofs or to the deck line of a mansard roof or the mean height of the highest gable of a pitched roof or to half the height of a hipped roof. Where no roof beams exist or there are structures wholly or partly above the roof the height shall be measured to the level of the highest point of the building.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   A “lot” is a parcel of land occupied by one building and the accessory buildings or uses customarily incident to its including such open spaces as are required by this Zoning Code and such open spaces as are arranged and designed to be used in connection with such building.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   A “nonconforming use” is one that does not comply with the regulations of the use district in which it is situated.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   “Public notice” of a hearing of proceeding means ten days notice of the time and place thereof printed in a newspaper of general circulation in the City.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   (EDITOR'S NOTE: Section 1133.13 was repealed by Ordinance 2012-11, passed March 20, 2012.)

   (EDITOR'S NOTE: Section 1133.14 was repealed by Ordinance 2012-11, passed March 20, 2012.)

   The “street line” is the dividing line between the street and the lot.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   (a)   A “front yard” is an open unoccupied space on the same lot with a building between the front line of the building and the front line of the lot.

   (b)   A “rear yard” is an open unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot.

   (c)   A “side yard” is an open unoccupied space on the same lot with a building situated between the building and the line of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a sideline.

   (d)   The “least dimension of a yard” is the least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean distance between them.

(Ord. 66-18. Passed 7-21-66; Ord. 2001-37. Passed 7-10-01.)

   Chapter 1135 of the Codified Ordinances of the City of Willowick in its current form, and the current Willowick Zoning Map, which establish the zoning use districts; and Chapter 1137, Ul Single Family House District; Chapter 1139, U2 Two Family House District; Chapter 1141, U2A Expressway Residence District; Chapter 1143, U2B Erieside Apartment District; Chapter 1145, U2C Vine Eastlake Apartment District; Chapter 1147, U2D Lakefront Apartment District; Chapter 1149, U3 Apartment House District; Chapter 1151, U3A Shopping Center District; Chapter 1153, U3B Small Coordinated Group Retail Store Distract; Chapter 1154, Class U3C Small Coordinated Group Office-Commercial District Boundaries; Chapter 1155, U4 Local Retail Store Distract; Chapter 1157, U5 Commercial District; and Chapter 1159, U8A Light Industry District of the City of Willowick, are hereby repealed in their entirety.

(Ord. 2012-9. Passed 3-20-12.)

   (a)   For the purpose of regulating and restricting the location of single family housing, multi family housing, mixed use, apartment housing, retail use, and industrial use, the City is hereby divided into classes of use districts as follows:

      Single Family District

      Multi Family District

      Mixed Use District

      Apartment District

      Retail District

      Industrial District

   (b)   Zone Map. The use districts as set forth in Section 1135.02 (a) shall be officially identified and shown on the Willowick Zoning Map, a copy of which is attached to the page next following and incorporated herein; and which is located at Willowick City Hall and the Willowick Building Department, respectively.

   The classification of uses, the permitted, prohibited, and accessory uses, and the regulations particular to each class shall be found in the following chapters of this Zoning Code:

      Single Family District Chapter 1137

      Multi Family District Chapter 1139

      Mixed Use District Chapter 1141

      Apartment District Chapter 1143

      Retail District Chapter 1145

      Industrial District Chapter 1147

(Ord. 2012-9. Passed 3-20-12.)

   The classification of uses as identified in Section 1135.02 represents a ranking of the use districts within the City of Willowick, with the Single Family District, Chapter 1137, being the lowest use, and the Industrial District, Chapter 1147, being the highest use. As such, subject to the procedure outlined in Chapter 1161, no use district may be utilized to a higher use. Use districts may, however, be utilized to a lesser use.

(Ord. 2012-9. Passed 3-20-12.)

   In a Single Family District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, for a Multi Family District, Mixed Use District, Apartment District, Retail District, or Industrial District. In a Single Family District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, other than for a Single Family District use. In any part of a Single Family District, no building shall be used and no building shall be erected which is arranged, intended or designed to be used, as a semi-detached single family or double house.

(Ord. 2012-12. Passed 3-20-12.)

   An accessory use customarily incident to a Single Family District use shall also be permitted in a Single Family District provided such accessory use is located upon the same lot with the building or use to which it is accessory in a Single Family District. A private garage permitted as an accessory use shall not provide storage for more than one motor vehicle for each 2,000 square feet of the lot area. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use. The placing of a "for sale" or "for rent" sign shall, however, be permitted as an accessory use. A store, trade or business shall not be permitted as an accessory use except that the office of a physician or surgeon may be located in the dwelling used by such physician or surgeon as his private residence, and except that any person carrying on a customary home occupation may do so in a dwelling used by him as his private residence, provided that no person other than members of his own household are employed in such occupation, and provided further that no window display or signboard is used to advertise such occupation. In a dwelling occupied as a private residence, one or more rooms may be rented or table board furnished provided no window display or signboard is used to advertise such use.

(Ord. 2012-12. Passed 3-20-12.)

   The purpose and intent of the Multi Family District is to promote the general health, safety, and welfare of the citizenry by:

   (a)   Allowing for the development of this District to best utilize the property by encouraging multi family units to allow for greater density in the use area;

   (b)   Utilizing the unique environment offered by Lake Erie in the use area to achieve the economic development objectives consistent with the recommendations of the Master Plan;

   (c)   Encouraging adjustment to lot sizes, setbacks, lot coverage, green space, parking and other development and design standards in order to achieve a better site design;

   (d)   Ensuring the natural topographic features, and natural resources in the District are protected during the development; and

   (e)   Ensuring that development occurs in a unified, harmonious, and timely manner in accordance with an approved development plan.

(Ord. 2012-13. Passed 3-20-12.)

   The Multi Family District shall be described by and included within the following boundaries, as shown on the Zoning Map, which, together with all accompanying notations, references, rules and designations, is hereby adopted and made a part of this Planning and Zoning Code, thereby having the same force and effect as if fully described herein in writing:

   (a)   Bound on the West by the Vine Street Extension, bound on the South by Lakeshore Boulevard, bound on the East Permanent Parcel Number 28-A-044-D-00-009-0 on Lakeshore Boulevard, and bound on the North by Lake Erie.

   (b)   Bound on the North by Lakeshore Boulevard; bound on the East by Permanent Parcel Number 28-A-044-B-00-049-0, located at 31702 Lakeshore Boulevard, and the Cody Park Apartment complex; bound on the South by Orchard Drive, and the following parcels: PPN 28- A-044-B-00-042-0 located at 224 East 315th Street, PPN 28-A-044-B-00-040-0 located at 232 East 315th Street, PPN 28-A-044-B-00-024-0 located at 236 East 315th Street, PPN 28-A-044-B-00-023-0 located at 240 East 315th Street; PPN 28-A-044-B-00-036-0 located at 31316 Lakeshore Boulevard, PPN 28-A-044-B-00-035-0, PPN 28-A-044-B-00-034-0, 28-A-044- B-00-033-0, PPN 28-A-044-B-00-032, and 28-A-044-G-00-005-0 located at 31220 Lakeshore Boulevard; and bound by the West by PPN 28-A-044-G-00-005-0 located at 31220 Lakeshore Boulevard.

   The Multi Family District shall have the following main and accessory uses:

   (a)   Main Uses Permitted. Multi Family housing defined as follows:

(Ord. 2012-13. Passed 3-20-12; Ord. 2016-24. Passed 4-19-16.)

   (a)   No structure identified in Section 1139.03(a)(1) and (2) in the Multi Family District shall exceed the height of two stories, but in no case shall the height of a two story building exceed twenty-five feet from grade, exclusive of a peak style roof.

   (b)   No structure identified in Section 1139.03(a)(3), (4) and (5) in the Multi Family District shall exceed the height of three stories, but in no case shall the height of a three story building exceed thirty-five feet from grade, exclusive of a peak style roof.

(Ord. 2012-13. Passed 3-20-12.)

   No Multi Family District structure identified in Section 1139.03 shall be set back less than twenty feet from the right of way.

(Ord. 2012-13. Passed 3-20-12.)

   (a)   In the Multi Family Unit District there shall be provided on each lot, side yards of at least the total distance set forth in column one of the following chart, which total distances shall be divided, between the two sides of the lot, in conformity to the provisions of column two of the following chart, provided, however, that in no case shall the distance between houses or other residence structures be less than twelve feet, except in the case of corner lots, where the distance shall be not less than ten feet:

 

 

 

 

   (b)   In the Multi Family Unit District, each type of dwelling unit identified in Section 1139.03 (a) shall be considered one unit for the purposes of side yard restrictions identified in Section 1139.06(a).

(Ord. 2012-13. Passed 3-20-12.)

   (a)   In the Multi Family Unit District there shall be provided for each lot, a rear yard of at least thirty percent of the depth of the lot, but such dimension need not be more than thirty feet.

   (b)   In the Multi Family Unit District, each type of dwelling unit identified in Section 1139.03 (a) shall be considered one unit for the purposes of rear yard restrictions identified in Section 1139.07(a).

(Ord. 2012-13. Passed 3-20-12.)

   The Planning Commission shall have the authority to waive or adjust the standards set forth for setbacks, side yard distances and rear yard distances set forth in Chapter 1139 if it determines, after public hearing, that due to unique circumstances, the minimum distances outlined in the chapter, cannot practically be achieved, and that the adjustments made to the construction of the dwelling units identified in Section 1139.03 (a) as they relate to other dwelling units in the District will not have a material adverse impact on the City.

(Ord. 2012-13. Passed 3-20-12.)

   (a)   Any person or entity owning property within the boundaries identified in Section 1139.02(a) through (i) who desires to construct multi family units in the Multi Family District shall make application to the Willowick Building Department. The Building Department shall forthwith forward the request for development to the Planning Commission for the approval of the concept and development.

   (b)   The developer shall submit a preliminary plan of development within thirty days of referral by the Building Department to the Planning Commission. The developer shall submit the following to the Planning Commission prior to appearing at a Planning Commission meeting:

      (1)   The proposed location and design of public and private streets, including the location of existing utilities to be maintained or changed and the utilities to be installed;

      (2)   The proposed location of all structures, setbacks and parking areas, identified by type, size, height and use;

      (3)   The proposed assignment and use of private and public land, if applicable;

      (4)   The proposed means to prevent lakefront erosion to the development;

      (5)   The proposed landscape treatment, including the proposed grading plan;

      (6)   The proposed plan for traffic circulation with the estimate of traffic volume to be generated by the development, including the location and character of proposed entrances and exits from the development area;

      (7)   The proposed forms of covenants running with the land, deed restriction, including those with respect to the use of common land, covenants, restriction or easements proposed to be recorded and covenants proposed for maintenance;

      (8)   Cost estimates for the completion of the development, including all public and private improvements in the development area; and

      (9)   Any request for adjustments to the regulations, standards or criteria set forth in Chapter 1139 and other applicable regulations set forth in the Building and Zoning Codes.

(Ord. 2012-13. Passed 3-20-12.)

   (a)   After the submission of the Preliminary Development Plan as outlined in Section 1139.09, the Planning Commission shall schedule a public hearing at which time the Commission shall consider the preliminary plan for concept approval. Notice to the public shall be given for such hearing by publication in a newspaper having a general circulation in the City at least ten days prior to the date for such public hearing. The hearing before the Planning Commission on the Preliminary Development Plan approval may be continued from time to time without further notice.

   (b)   After consideration of the preliminary plan submitted, and the input from any comments by the public, the Planning Commission shall vote to determine whether to recommend the approval to City Council of the Preliminary Development Plan. The approval of the Preliminary Development Plan shall be pursuant to the affirmative vote of a minimum of four members of the Planning Commission.

   (c)   Upon the recommendation of the approval of the Preliminary Development Plan, the Planning Commission, within ten days of the public hearing, shall issue its recommendation of the Preliminary Development Plan to the Clerk of Council. The Clerk of Council shall cause the recommendation for approval to be placed upon the Agenda of City Council at the next regularly scheduled Council Meeting.

   (d)   In the event that City Council approves the Preliminary Development Plan by a vote of four members of City Council, the Clerk of Council shall so advise the Planning Commission so that the matter may receive further consideration pursuant to Section 1139.11.

(Ord. 2012-13. Passed 3-20-12.)

   (a)   After the approval of the Preliminary Development Plan by City Council as outlined in Section 1139.10(d), the developer shall submit a Final Development Plan to the Planning Commission within sixty days of said approval. The Chief Building Inspector, or his designee, and the City Engineer shall review the Final Development Plan to ensure compliance with all applicable zoning and other ordinances and shall report the status of compliance to the Planning Commission. The Chiefs of the Divisions of Police and Fire shall review the Final Development Plan to ensure compliance with all applicable ordinances relating to safety and shall report the status of compliance to the Planning Commission.

   (b)   Upon receipt of the Final Development Plan from the developer, the Planning Commission shall schedule the matter for a public hearing at the next regularly scheduled Planning Commission meeting, or a Special Planning Commission Meeting, but said public meeting shall not be scheduled less than thirty days after the Final Development Plan was submitted to the Planning Commission.

   (c)   The Final Development Plan shall contain the following information:

      (1)   Proposed public and private street system, including detailed plans and specification for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, and other utilities, shade trees and other necessary engineering considerations in accordance with the Building Code and other applicable City codes;

      (2)   Plat of the development area showing street rights-of-way, private and common land and easements in accordance with the requirements of all of the City codes, which shall be in the proper form for recording;

      (3)   Plan of the area containing the accurate location of each existing structure to be retained, if any, and detailed plans and specifications for each proposed structure, a rendering of each proposed structure which shall include elevation views from each direction, relationship to street system, methods of waste disposal, pedestrian walks, common land, landscaping and finished grades, all of which shall comply with the standards of the Building Code and other applicable City codes;

      (4)   Detailed plans for structures or other means to prevent further erosion in the development area;

      (5)   Detailed landscape plans for public and private lands in the development area;

      (6)   Final forms of covenants running with the land, deed restrictions, including the use of common land, covenants, restrictions or easements to be recorded and covenants, if any, for maintenance;

      (7)   Estimated project cost including estimates for all public and private improvements; and

      (8)   Construction schedule and land disposition program.

(Ord. 2012-13. Passed 3-20-12.)

   (a)   After the submission of the Final Development Plan, the Planning Commission shall schedule a public hearing at which time the Commission shall consider the final Development Plan for the recommendation of approval to City Council. The public hearing shall be noticed pursuant to the method set forth in Section 1139.10. The public hearing on the Final Development Plan may be continued from time to time without further notice.

   (b)   After consideration of the Final Development Plan submitted, and the input from any comments by the public, the Planning Commission shall vote to determine whether to recommend to City Council the approval of the Final Development Plan. The approval of the Final Development Plan shall be pursuant to the affirmative vote of a minimum of four members of the Planning Commission.

   (c)   Upon the recommendation of the approval of the Final Development Plan, the Planning Commission, within ten (10) days of the public hearing, shall issue its recommendation for approval of the Final Development Plan to City Council. The Clerk of Council shall cause the recommendation for approval to be placed on the agenda of the City Council at the next regularly scheduled meeting.

   (d)   In the event that City Council approves the Final Development Plan, the Clerk of Council shall notify the developer of such action by regular U.S. mail. Within fifteen days thereafter, the developer shall post a surety bond or cash bond with the Clerk of Council conditioned upon the requirement that the developer shall within one year, or a longer period of time upon the affirmative vote of four members of Council, commence construction of the development. In the event that the developer fails to commence construction within the applicable time period, the principal of the bond shall be forfeited as liquidated damages.

   (e)   The bond to be posted by the developer shall be as follows:

      Up to $500,000.00                $5,000.00

      $500,000.00 to $1,000,000.00          $10,000.00

      Above $1,000,000.00                $25,000.00

   (f)   In lieu of a surety bond, the developer may deposit a cash bond in the like required amount. The bond shall be released upon the completion of three-quarters (3/4) of the development.

(Ord. 2012-13. Passed 3-20-12.)

   The purpose and intent of the Mixed Use District is to promote the general health, safety, and welfare of the citizenry by:

   (a)   Allowing for the development of the District with a mixed use of residential, retail, and professional establishments to encourage economic development compatible with the existing character of the City and its Zoning Code;

   (b)   Utilizing the unique environment offered by Lake Erie to achieve the economic development objectives consistent with the recommendations of the Master Plan;

   (c)   Encouraging a site specific flexibility for lot sizes, setbacks, lot coverage, green space parking and other development and design standards in order to achieve better site design, better relationships between different uses, and extended preservation of open spaces and natural topography;

   (d)   Preserving public open spaces, where feasible, along the lake shore;

   (e)   Ensuring that the natural topographic features, and the natural resources in the District are protected during development;

   (f)   Encouraging walking, bicycling and social interaction, where feasible, by providing safe and attractive amenities, including, but not limited to, benches, public sidewalks, walkways and bicycle paths which link to residential and commercial areas to open spaces, access to Lake Erie, natural area corridors, parks and other land uses within the District; and

   (g)   Ensuring that development occurs in a unified and timely manner in accordance with an approved development plan.

(Ord. 2012-14. Passed 3-20-12.)

   The Mixed Use District shall be described by and include within the area bound on the East by the Vine Street Extension, bound on the South by Lakeshore Boulevard, bound on the West by the Willow Beach Allotment boundary, and bound on the North by Lake Erie, as shown on the Zoning Map, which together with all accompanying notations, references, rules and designations, is hereby adopted and made a part of this Planning and Zoning Code, thereby having the same force and effect as if fully described herein in writing.

(Ord. 2012-14. Passed 3-20-12.)

   The Mixed Use District shall have the following main uses, accessory uses, and prohibited uses:

      (1)   Single family dwellings, multi-family dwellings with not more than three units per building, senior housing, and municipal. The Planning Commission shall have the authority to waive the maximum three unit standard set forth herein if it determines, after public hearing, that due to unique circumstances, the maximum three unit multi-family dwelling cannot be practically achieved, and that the allowance of more than three units per multi-family dwelling will not have a material adverse impact on adjacent property or on the City as a whole.

      (2)   Retail establishments.

      (3)   Parks. Public and private parks, playgrounds, playfields, golf courses, tennis courts, swimming pools, commercial recreation, recreation center buildings, or other similar recreational uses.

      (4)   Bed and breakfast facilities.

      (1)   Parking areas for the use of guests of the occupants of the dwelling units and customers of establishments permitted in subsection (a) herein.

      (2)   Building service facilities:

         A.   Facilities for the disposal of garbage and rubbish complying with the provisions of the Building Code.

         B.   Facilities shall be provided accessory to any retail establishment and service vehicles within an enclosed service area separate from the pedestrian circulation in the development area and separated from garage areas.

      (1)   Gated communities.

      (2)   Apartment dwellings, defined as buildings consisting of more than three (3) units per building.

      (3)   Commercial and Industrial establishments and/or buildings.

      (4)   Retail establishment which is not conducive to those uses permitted in Section 1141.03(a).

      (5)   Sale of used or pre-owned motor vehicles or other vehicles, automobile refueling or repair stations, car washes, rental of motor vehicles, and the storage or sale of trailers.

      (6)   Alarm dealers or installers.

      (7)   Ambulance services.

      (8)   Retail furniture or appliance and/or furniture or appliance repair services.

      (9)   Thrift stores, pawn shops/brokers, flea markets or other similar services.

      (10)   General contractor, subcontractor or other similar businesses, and any business which utilizes outside storage.

      (11)   Equipment rental, hall rental or other rental establishments.

      (12)   Internet cafes and other gaming establishments.

      (13)   Tattoo parlors.

      (14)   Convenience stores or drive through establishments of any type.

      (15)   Abortion clinics or birth centers.

      (16)   Bars/taverns and liquor sales establishments which do not comply with the description included in Section 1141.03(a)(3).

      (17)   Schools of any type, day care or day camp facilities.

      (18)   Gun stores or shooting ranges.

      (19)   Veterinary services, kennels or other similar facilities.

      (20)   Motels, hotels, or mobile home parks.

      (21)   Physical or mental rehabilitation facilities.

      (22)   Tobacco, cash checking or cash advance services.

      (23)   Billiard and pool rooms, bowling alleys.

      (24)   Funeral/mortuary homes.

      (25)   Satellite sales services.

      (26)   Commercial/Industrial uses.

      (27)   Adult oriented material businesses.

      (28)   Lumberyards and building supply businesses.

      (29)   Dry cleaning and similar establishments.

      (30)   Any other use not specifically allowed by Section 1141.03(a).

(Ord. 2012-14. Passed 3-20-12.)

   (a)   The minimum area for development in the Mixed Use District shall be five contiguous acres.

   (b)   The Planning Commission shall have the authority to waive the standard set forth in Section 1141.04(a) if it determines, after public hearing, that due to unique circumstances, the minimum area cannot be practically achieved, and the development of the property at less than the minimum area will not have a material adverse impact on adjacent property or on the City as a whole. Unique circumstances shall be defined as follows:

      (1)   The development plan is adjacent to, and thus becomes, an extension of an existing or separately proposed development; or

      (2)   Due to existing uses, natural features or ownership patterns there is little likelihood that contiguous land area can be acquired and consolidated to achieve the requisite five contiguous acres.

(Ord. 2012-14. Passed 3-20-12.)

   (a)   Any person or entity owning an area meeting the requirements of Section 1141.04 who desires to construct a development in the Mixed Use District shall make application to the City of Willowick Building Department. The Building Department shall forthwith forward the request for development to the Planning Commission for the approval of the concept for the development.

   (b)   The developer shall submit a preliminary plan of development within thirty days of referral by the Building Department to the Planning Commission. The developer shall submit the following to the Planning Commission prior to appearing at a Planning Commission meeting:

      (1)   The proposed location and design of public and private streets, including the location of existing utilities to be maintained or changed and the utilities to be installed;

      (2)   The proposed location of all structures, setbacks and parking areas, identified by type, size, height and use;

      (3)   The proposed assignment and use of private land and public land;

      (4)   The proposed means to prevent lakefront erosion to the development;

      (5)   The proposed landscape treatment including the proposed grading plan;

      (6)   The proposed plan for traffic circulation with the estimate of traffic volume to be generated by the development, including the location and character of proposed entrances and exits from the development area;

      (7)   The proposed forms of covenants running with the land, deed restrictions including those with respect to the use of common land, covenants, restrictions or easements proposed to be recorded and covenants proposed for maintenance;

      (8)   Cost estimates for the completion of the development including all public and private improvements in the development area; and

      (9)   Any request for adjustments to the regulations, standards or criteria set forth in Chapter 1141 and other applicable regulations set forth in the Building and Zoning Codes.

(Ord. 2012-14. Passed 3-20-12; Ord. 2014-2. Passed 1-7-14.)

   (a)   After the submission of the Preliminary Development Plan, the Planning Commission shall schedule a public hearing at which time the Commission shall consider the preliminary plan for concept approval. Notice to the public shall be given for such hearing by publication in a newspaper having a general circulation in the City at least ten days prior to the date of such public hearing. The hearing before the Planning Commission on the Preliminary Development Plan approval may be continued from time to time without further notice.

   (b)   After consideration of the preliminary plan submitted, and the input from any comments by the public, the Planning Commission shall vote to determine whether to recommend the approval to City Council of the Preliminary Development Plan. The approval of the Preliminary Development shall be pursuant to the affirmative vote of a minimum of four members of the Planning Commission.

   (c)   Upon the recommendation of the approval of the Preliminary Development Plan, the Planning Commission, within ten days of the public hearing, shall issue its recommendation of the Preliminary Development Plan to the Clerk of Council. The Clerk of Council shall cause the recommendation for approval to be placed upon the agenda of City Council at the next regularly scheduled Council meeting.

   (d)   In the event that City Council approves the Preliminary Development Plan by the vote of four members of City Council, the Clerk of Council shall so advise the Planning Commission so that the matter may receive further consideration pursuant to Section 1141.07.

(Ord. 2012-14. Passed 3-20-12.)

   (a)   After the approval of the Preliminary Development Plan by City Council as outlined in Section 1141.06(d), the developer shall submit a Final Development Plan to the Planning Commission within sixty days of said approval. The Chief Building Inspector, or his designee, and the City Engineer shall review the Final Development Plan to ensure compliance with all applicable zoning and other ordinances and shall report the status of compliance to the Planning Commission. The Chiefs of the Divisions of Police and Fire shall review the Final Development Plan to ensure compliance with all applicable ordinances relating to safety and shall report the status of compliance to the Planning Commission.

   (b)   Upon receipt of the Final Development Plan from the developer, the Planning Commission shall schedule the matter for a public hearing at the next regularly scheduled Planning Commission meeting, or a Special Planning Commission meeting, but said public meeting shall not be scheduled less than thirty days after the Final Development Plan was submitted to the Planning Commission.

   (c)   The Final Development Plan shall contain the following information:

      (1)   Proposed public and private street system, including detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, and other utilities, shade trees and other necessary engineering considerations in accordance with the Building Code and other applicable City codes;

      (2)   Plat of the development area showing street rights of way, private and common land and easements in accordance with the requirements of all of the City codes, which shall be in the proper form for recording;

      (3)   Plan of the area containing the accurate location of each existing structure to be retained, if any, and detailed plans and specifications for each proposed structure, a rendering of each proposed structure which shall include elevation views from each direction, relationship to street system, including driveways, parking and loading areas, illumination facilities, methods of waste disposal, pedestrian walks, common land, landscaping and finished grades, all of which shall comply with the standards of the Building Code and other applicable City codes;

      (4)   Detailed plans for structures or other means to prevent further erosion in the development area;

      (5)   Detailed landscape plans for public and private lands in the development area;

      (6)   Final forms of covenants running with the land, deed restrictions, including the use of common land, covenants, restrictions or easements to be recorded and covenants, if any, for maintenance;

      (7)   Estimated project cost including estimates for all public and private improvements; and

      (8)   Construction schedule and land disposition program.

(Ord. 2012-14. Passed 3-20-12.)

   (a)   After the submission of the Final Development Plan, the Planning Commission shall schedule a public hearing at which time the Commission shall consider the Final Development Plan for the recommendation of approval to City Council. The public hearing shall be noticed pursuant to the method set forth in Section 1141.07(b). The public hearing on the Final Development Plan may be continued from time to time without further notice.

   (b)   After consideration of the Final Development Plan submitted, and the input from any comments by the public, the Planning Commission shall vote to determine whether to recommend to City Council the approval of the Final Development Plan. The approval of the Final Development Plan shall be pursuant to the affirmative vote of a minimum of four members of the Planning Commission.

   (c)   Upon the recommendation of the approval of the Final Development Plan, the Planning Commission, within ten days of the public hearing, shall issue its recommendation for approval of the Final Development Plan to City Council. The Clerk of Council shall cause the recommendation for approval to be placed on the Agenda of the City Council at the next regularly scheduled meeting.

   (d)   In the event that City Council approves the Final Development Plan, the Clerk of Council shall notify the developer of such action by regular U.S. mail. Within fifteen days thereafter, the developer shall post a surety bond or cash bond with the Clerk of Council conditioned upon the requirement that the developer shall within one (1) year, or a longer period of time upon the affirmative vote of four (4) members of Council, commence construction of the development. In the event that the developer fails to commence construction within the applicable time period, the principal of the bond shall be forfeited as liquidated damages.

   (e)   The bond to be posted by the developer shall be as follows:

   Estimated Cost of Development          Amount of Bond

      Up to $500,000.00                $5,000.00

      $500,000.00 to $1,000,000.00          $10,000.00

      Above $1,000,000.00                $25,000.00

   (f)   In lieu of surety bond, the developer may deposit a cash bond in like required amount. The bond shall be released upon the completion of three-quarters (3/4) of the development.

(Ord. 2012-14. Passed 3-20-12.)

   The Final Development Plan shall comply with the development standards set forth herein.

      (4)   The development area shall be located to take advantage of the topography, water, natural features and superior views of the shoreline existing in the development area and shall be designed and arranged so that the distance between buildings and the various parts thereof and between buildings and the boundaries of the development area will enhance privacy, use and enjoyment of the maximum number of units within the buildings.

      (5)   The Planning Commission shall have the authority to reasonably determine the layout of the Landscape Plan and appearance to support the principles of this subsection.

      (1)   There shall be provided on each lot side yards of at least the total distance set forth in column one of the following charts. In no case shall the distance between single family homes be less than twelve feet, except in the case of corner lots, where the distance shall be no less than ten feet:

 

      (2)   The Planning Commission shall have the authority to waive the standard set forth in Section 1141.09(g) if it determines, after public hearing, that due to unique circumstances, the minimum distances outlined in this subsection, cannot practically be achieved, and that the adjustments made to the development in this subsection will not have a material adverse impact on the City.

      (1)   A ten-foot-wide landscaped area planted with trees and/or shrubs, a minimum of six feet high, extending to, but not in front of, the building setback line, which will act as an effective screen in both winter and summer seasons.

      (2)   A five-foot masonry wall, of brick or split face block, and/or a decorative wood or vinyl fence, extending to, but not in front of, the building setback line.

      (3)   Earth mounding planted with trees and/or shrubs, extending to, but not in front of, the building setback line. The combined height of mounding and plants shall be a minimum of five feet and shall comply with the following setback requirements:

         A.   All off-street parking areas shall be set back from an existing or proposed public right-of-way a distance of at least twenty feet.

         B.   All off-street parking areas and roadways shall be set back from all other boundaries of not less than twenty feet.

   (n)   The Planning Commission shall have the authority to adjust the setback requirements contained in subsections (k), (l), and (m) hereof if it determines, after public hearing, that due to unique circumstances, the minimum setbacks cannot be practically achieved, and that the modification of the setbacks will not have a material adverse impact on the City.

   (o)   The following development and design standards shall apply to all new construction or rehabilitation of retail buildings or premises in the Mixed Use District within the City and shall be shown in the Preliminary Plan and Final Development Plans:

         A.   The preservation and promotion of pedestrian access to Lake Erie and public spaces around the lakefront or incorporating it into designs is highly recommended.

         B.   The creation of connections will make it easy for people to navigate and connect to adjoining municipalities.

         C.   Commercial design projects will emphasize the following concepts:

            1.   Think Pedestrian First.

               a.   Willowick's commercial districts shall be designed and developed to provide for a safe and inviting pedestrian experience.

               b.   Buildings should be designed to promote walkability or rehabilitated to recapture the qualities of existing buildings and their original pedestrian orientation.

               c.   Business entrances shall engage the street and provide a clear entry sequence.

               d.   Sidewalk areas should be wide enough to accommodate pedestrian activity while also allowing space for amenities such as landscaping, benches, transit waiting areas and refuse containers.

               e.   Design elements shall include:

                  i.   Windows at street level;

                  ii.   Landscape planters;

                  iii.   Signage to scale (blade and pendant);

                  iv.   Emphasis of window displays;

                  v.   Entry promotes four-season activity;

                  vi.   Limited head-in parking;

                  vii.   Limited curb-cuts and vehicle access;

                  viii.   Lighting building facades;

                  ix.   Building is to scale with adjacent buildings or properties;

                  x.   Consistent setbacks to sidewalks with adjacent properties;

                  xi.   Promoting safe outdoor dining experiences;

                  xii.   Emphasis on transitions/connections to Lakefront Park;

                  xiii.   Promoting business and retail use;

                  xiv.   Preservation of green space.

            2.   Lakefront Connectivity.

               a.   Development or rehabilitation projects in the retail district should include a lakefront element of design including boats or beach themed signage and sidewalk patterns encouraging pedestrian traffic to the park.

            3.   Continuity of Design.

            4.   Quality of Design.

               a.   The retail district should have well designed buildings of high-quality materials, thoughtful detailing and have potential for effective reuse.

               b.   Four-sided design is encouraged to be utilized and make aesthetically pleasing building elevations.

               c.   Building rehabilitation and new construction shall include the appropriate high-quality treatment of all visible elevations.

               d.   Design, construction methods and materials used in rehabilitation work should be appropriate to the period of construction of a building and should include built-in longevity.

               e.   Fundamental Concepts:

                  i.   Building materials for new and rehabilitated structures should complement and be compatible with existing historic buildings.

                  ii.   Unacceptable building materials include stucco or EIFS, split face concrete masonry units, jumbo brick and vinyl siding.

                  iii.   Design that is contextual and brings visual interest to the streetscape should be encouraged.

                  iv.   The Secretary of the Interior's Standards for Rehabilitation should be used to guide the rehabilitation of historic buildings. Demolition of historic buildings is discouraged.

                  v.   Design elements shall include:

                     (a)   Maintaining or reinstating bulkheads, storefronts, transoms, doors, windows, cornices, and parapets.

                     (b)   Maintaining unused secondary door locations in storefronts.

                     (c)   Maintaining or reinstating original interior ceiling lights. Ceilings shall not be dropped in front of window openings or transoms. Where necessary, dropped ceilings shall be held off the storefront walls.

                     (d)   New construction and additions shall provide a transition, such as a setback or graduated height increase, to buffer visual effect and feeling when adjacent to a historic building.

                     (e)   Appropriate, traditional, quality building materials shall be used for repair, rehabilitation, and new construction.

            1.   General Design Standards. All buildings and structures shall have an equal level of finish on all sides, and shall utilize not more than two primary building materials and not more than two accent materials.

            2.   Color Schemes. Building colors shall be earth-toned (i.e. brown, gray, and variations of brown and gray). Bright, chromatic colors are not permitted. All structures shall utilize a single coordinated color scheme with one predominant color and not more than three colors to accent, de-mark or otherwise provide interest to the structure.

            3.   Architectural Features. The use of long, unbroken building facades shall be avoided. Exterior building facades shall exhibit the use of recesses, fenestration, pilasters, or other architectural features deemed appropriate by the Plan Review Board to provide character. In addition, major building entrances shall be clearly de-marked through the use of architectural features. The use of false building facades is not permitted unless the features present a quality, finished appearance from all sides and are consistent with the purpose of the district.

            4.   Mechanical Equipment and Utilities. All utilities serving the site, including electric, telephone and all supporting equipment thereto, including meters, transformers, etc., shall be placed underground or within the main building. Where meters, transformers or other equipment cannot be located within the main building, no such equipment shall be visible from any adjacent property or from any street right-of-way. Any proposed mechanical equipment shall be integrated into the building design and shall be concealed from view from adjacent properties and from street right-of-ways.

      (3)   The Planning Commission shall have the authority to waive the standards set forth in this section if it determines at the time of formal review, that due to unique circumstances, the standards set forth herein cannot practically be achieved, and the waiver of each such specific standard will not have a material adverse impact on the City, or adjoining properties.

         (Ord. 2012-14. Passed 3-20-12; Ord. 2023-9. Passed 3-21-23.)

   A developer, having obtained final approval of a Final Development Plan, may accomplish the development of the project area in progressive stages as approved by the Planning Commission, but in no event shall physical work on an approved Final Development Plan be commenced more than two years after the approval of the Final Development Plan.

(Ord. 2012-14. Passed 3-20-12.)

   (a)   At any time after the approval of the Preliminary Plan or the Final Development Plan, the owner(s) may request a material amendment to the approved plan, in which case the request for said amendment shall be filed with the Clerk of City Council and referred by City Council to the Planning Commission.

   (b)   The proposed material amendment shall then be subject to the same procedures or approval as the original application.

(Ord. 2012-14. Passed 3-20-12.)

   It is the intent of Council to reclassify each of the Apartment Districts, originally encompassed in the Planning and Zoning Code by the following Chapters: 1141, U2A Expressway Residence District; 1143, U2B, Erieside Apartment District; U2C Vine Eastlake Apartment District; and U2D Lakefront Apartment District into one uniform Apartment District, with exception of U2D Lakefront Apartment District which shall be eliminated, and to be hereafter referred to as the Apartment District. The Apartment District will serve to promote the general health, safety, and welfare of the citizenry by:

   (a)   Allowing for uniform rules and regulation, to the best extent possible, within the various areas throughout the City where the apartments exist; and

   (b)   Recognizing the changes that have taken place throughout the City subsequent to when previous apartment districts were established.

(Ord. 2012-15. Passed 3-20-12.)

   The Apartment District shall be contained in two distinct areas throughout the City as identified and shown on the Zoning Map, and shall be described and bound as follows:

   (a)   The current Willowick Towers which fronts on North Marginal Road; and

   (b)   The current Springcrest Apartments which fronts on Vine Street and is at eastern most portion of the City.

(Ord. 2012-15. Passed 3-20-12.)

   The Apartment District shall have the following main and accessory uses:

   (a)   Units containing separate living units for four or more families. Two or more buildings on one parcel of land in one ownership may have joint services or facilities.

   (b)   Any accessory use customarily incident to the aforesaid permitted use, provide that such accessory use is located upon the same lot with the building or use to which it is accessory.

(Ord. 2012-15. Passed 3-20-12; Ord. 2016-26. Passed 4-19-16.)

   Off-street parking space shall be provided at the minimum rate of three spaces per for each living unit.

(Ord. 2012-15. Passed 3-20-12.)

   All principal buildings and structures in the Apartment District shall be set back at least thirty five feet from any street right of way and at least fifty feet from any adjoining lot in a Single Family District or Multi Family District.

(Ord. 2012-15. Passed 3-20-12.)

   All areas in the Apartment District used for motor vehicle access and parking shall be paved and shall be a minimum of ten feet from any adjoining lot in a Single Family District or Multi Family District. All open area not used for access drives, parking, buildings and services shall be completely and permanently landscaped and the entire site maintained in good and suitable condition.

(Ord. 2012-15. Passed 3-20-12.)

   (a)   In the Apartment District area identified in Section 1143.02(a), the maximum number of units per floor of the building(s) shall be fourteen (14) units.

   (b)   In the Apartment District area identified in Section 1143.02(b), the maximum number of units per floor of the building(s) shall be fourteen (14) units.

(Ord. 2012-15. Passed 3-20-12.)

   In the Apartment District, no building(s) containing the dwelling units shall be constructed with a gross floor area in excess of one-half of the lot area.

(Ord. 2012-15. Passed 3-20-12.)

   (a)   In the Apartment District area identified in Section 1143.02(a), no structure shall exceed five stories or sixty feet, whichever height is greater.

   (b)   In the Apartment District area identified in Section 1143.02(b), no structure shall exceed two stories or thirty feet, whichever height is greater.

(Ord. 2012-15. Passed 3-20-12.)

   In each apartment dwelling unit, each unit shall have a minimum main floor area of 550 square feet for any efficiency or one bedroom unit, 610 square feet for a two bedroom unit, and 700 square feet for a three or four bedroom unit.

(Ord. 2012-15. Passed 3-20-12.)

   In the Apartment District:

   (a)   The least dimension of any front yard shall be fifty feet.

   (b)   The least dimension of any side yard shall be ten feet.

   (c)   The combined least dimensions of any side yard shall be twenty feet.

   (d)   The minimum lot width for any lot shall be sixty feet.

(Ord. 2012-15. Passed 3-20-12.)

   There shall be a minimum yard area of 700 square feet provided for each living unit, exclusive of parking space or garage space exclusive of space occupied by the main building.

(Ord. 2012-15. Passed 3-20-12.)

   (a)   Prior to the preparation of final plans for any project in an Apartment District and the issuance of building permits for the construction or alteration of buildings therein, there shall be filed with the Chief Building Inspector plans and other data which shall provide for an integrated and harmonious design of buildings, adequate and properly arranged facilities for off-street parking space entirely off the public right of way of any public street, adequate and properly arranged facilities for internal traffic circulation, landscaping and screen planting, public water, sewer and storm water drainage and other facilities as may be necessary for the preservation of the public health, safety, welfare, convenience and comfort.

   (b)   If the Chief Building Inspector finds that such preliminary plans and other data comply with the requirements of this chapter, it shall approve such preliminary plans and authorize the preparation of the final construction plans in accordance with such approved preliminary plans. The final construction plans shall be submitted to the Chief Building Inspector for approval and shall be approved if they are in compliance with such approved preliminary plans, all requirements of this chapter and all applicable requirements of the Codified Ordinances. Upon such approval by the Chief Building Inspector, the required building permits shall be issued upon the payment of the standard fees.

(Ord. 2012-15. Passed 3-20-12.)

   It is the intent of Council to reclassify each of the Business Districts, originally encompassed in the Planning and Zoning Code by the following Chapters: 1151, U3A Shopping Center District; 1154, U3C Small Coordinated Group Office -Commercial District Boundaries; 1155, U4 Local Retail Store District; and 1157, U5 Commercial District into one uniform district to be hereafter referred to as the Retail District. The Retail District will serve to promote the general health, safety, and welfare of the citizenry by:

   (a)   Allowing for uniform rules and regulations, to the best extent possible, within the various areas throughout the City where business may be conducted;

   (b)   Recognizing the changes that have taken place throughout the City since the time the previous business districts were established; and

   (c)   Ensuring that future business establishments will have a clear recognition and understanding of the rules and regulations going forward.

(Ord. 2012-16. Passed 3-20-12.)

   The Retail District shall be contained in five distinct areas throughout the City as identified and shown on the Zoning Map, and shall be described and bound as follows:

   The Retail District shall have the following main uses, accessory uses, and prohibited uses:

      (1)   Retail establishments.

      (2)   Offices. Professional, administrative, medical, public, semi-public and civil offices and other civil establishments.

      (3)   Professional business and service establishments. Professional, craftsman, artisan business uses and personal services when recommended by the Planning Commission and approved by City Council.

      (4)   Dining facilities, full service and drive through restaurants, ice cream parlors, pizza or other specialty food establishments.

      (5)   Grocery stores.

      (6)   School facilities.

      (7)   Health club facilities.

      (8)   Motor vehicle fueling stations.

      (9)   Maximum of four entertainment device arcade(s) per three square mile(s).

      (10)   Mechanical amusement devices and game rooms.

      (1)   Parking areas for the use of customers of the establishments permitted in Section 1145.03(a).

      (2)   Building service facilities:

         A.   Facilities for the disposal of garbage and rubbish complying with the provisions of the Building Code.

         B.   Facilities shall be provided within an enclosed service area, separate from any pedestrian or vehicular traffic, for any accessory service needs to any retail establishment.

      (1)   Retail establishments not conducive to those uses permitted in Section 1145.03(a).

      (2)   Abortion clinics.

      (3)   Motels, hotels, or mobile home parks.

      (4)   Adult oriented material businesses.

      (5)   Sale of motor vehicles.

(Ord. 2012-16. Passed 3-20-12; Ord. 2014-44. Passed 10-21-14; Ord. 2021-39. Passed 10-5-21; Ord. 2023-32. Passed 7-18-23; Ord. 2023-54. Passed 12-5-23.)

   (a)   No structure within the areas contained in Sections 1145.02(a), (d) or (e) shall exceed three stories or thirty-five feet, whichever height is greater, exclusive of a peak style roof.

   (b)   No structure within the areas contained in Sections 1145.02(b) or (c) shall exceed five stories or fifty-five feet, whichever height is greater, exclusive of a peak style roof.

(Ord. 2012-16. Passed 3-20-12.)

   (a)   Within the Retail District areas identified in Section 1145.02(b) and (c), it is the intention of this section to secure the safety of pedestrians and vehicles by proper traffic routing and parking, and for the safe loading and unloading at the establishments within these areas.

      (1)   No permit shall be issued for the construction or alteration of any building within the areas unless the application for such permit includes data showing there is provided space sufficient for the parking of motor vehicles of the employees, patrons, licensees, clients, guests, tenants or other occupants for users thereof, and for proper loading and unloading.

      (2)   There shall be provided parking space, and loading and unloading space on or adjoining the premises sufficient in capacity to provide two and one-half square feet of parking space and loading and unloading space for each one square foot of floor space on the ground floor of all buildings within these areas.

      (3)   Adequate access driveways to parking spaces and loading and unloading spaces shall be provided and shall have a concrete apron no less than fifty feet from the curb line, and shall be kept open and unobstructed. All parking spaces, loading and unloading spaces, and the driveways leading thereto shall be smoothly graded with a blacktop or concrete surface, adequately drained, and shall be constructed in such a manner so that the surface water shall not discharge over or onto public sidewalks or streets or onto other premises. Lighting for such spaces and driveways shall be reflected away from adjacent residential areas.

      (4)   The application shall include a diagram of locations of the places of ingress and egress to ensure that the places of ingress and egress do not unreasonable interfere with the flow of vehicular traffic, or endanger the safety of pedestrians and other passengers traveling on the street and highways adjoining the areas within this District.

   (b)   Within the Retail District areas identified in Section 1145.02(a), (d) and (e), no permit shall be issued for the construction, alteration or occupancy of any building unless the application for such permit includes data showing there is provided space sufficient for the parking of motor vehicles of patrons, licensees, clients, guests, tenants or other occupants thereof.

      (1)   A building occupied by one use shall provide the off-street parking spaces as required for the specific use.

      (2)   A building or group of buildings, occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spaces required for each use, provided, however, if a business development is comprised of twelve thousand square feet or more of building area, the required spaces may be computed for the total area of the building(s), as set forth in Section 1145.05(b)(5).

      (3)   A restaurant shall provide one space per 100 square feet of floor area or one space for each two seats, whichever requires the greater number.

      (4)   A retail store, bank or office shall provide one space per 250 square feet floor area on the ground floor, and one space per 400 square feet floor area on the upper floor(s).

      (5)   For all other establishments, there shall be provided one space per 200 square feet of gross floor area for each floor of the building.

(Ord. 2012-16. Passed 3-20-12.)

   The following provisions apply in the Retail District areas identified in Section 1145.02(b) and (c) only:

      (1)   No person shall refuse or fail to comply with any order, signal or direction of any member of the Police or Fire Departments given or made in connection with the control of traffic or pedestrians.

      (2)   No operator of a vehicle and no pedestrian shall disobey the instructions of any traffic control device placed in accordance with this section, unless otherwise directed by a police officer.

      (3)   No person shall operate that vehicle at a speed in excess of fifteen miles per hour, or at a speed greater or less than is reasonable or proper, having due regard to the traffic or surface conditions, or in such a manner to permit the vehicle to stop within the assured clear distance ahead.

      (4)   No operator of a motor vehicle shall overtake or pass another vehicle proceeding in the same direction unless the other vehicle has come to a stop other than in obedience to a traffic control device.

      (5)   No person shall operate a motor vehicle in violation of Sections 333.01, 333.02, 333.025, or 333.08 of the Codified Ordinances of the City of Willowick.

      (6)   Right-of-way.

         A.   An operator of a motor vehicle shall yield the right of way at a stop sign to all vehicles not required to stop, and shall yield the right of way at an intersection or at a place where the lines of traffic cross, to a vehicle approaching from the right in the absence of a stop sign, except that vehicles proceeding from parking areas into traffic lanes shall yield the right of way to vehicles in such lanes.

         B.   An operator of a motor vehicle leaving a parking space shall yield the right of way to all other vehicles being operated in a lawful manner.

         C.   Pedestrians shall have the right-of-way at all times and at all places.

      (7)   In the case of a collision with another vehicle or other property, the operator of a motor vehicle shall stop, and upon request of another person affected thereby, give such person their name and address, and the name and address of the owner of the motor vehicle. In the event that no other person affected thereby is present, the operator shall immediately stop and take reasonable steps to locate and notify the owner of the other property and give their name and address, and the name and address of the owner of the motor vehicle. In the event that the owner of the property affected thereby is not able to be located within twenty four (24) hours, the operator of the motor vehicle shall contact the Willowick Police Department of all facts regarding the incident.

      (8)   No person operating or being in charge of a motor vehicle shall permit the vehicle to stand unattended without stopping the engine, removing the key from the ignition and effectively setting the brake.

      (9)   Parking.

         A.   No person operating a motor vehicle shall stop, stand or park such vehicle immediately in from of or near at the rear of any building, except while loading or unloading passengers or parcels, in which event the motor vehicle shall be parked parallel to the building line or curb, except trucks loading or unloading at the rear of the building.

         B.   Except as provided herein, no person shall park a motor vehicle in any place other than those places marked as designated parking spaces.

         C.   No person shall park a motor vehicle within ten feet of a fire hydrant.

         D.   No person shall stop, stand or park a vehicle on or across a crosswalk or sidewalk, within twenty feet of a crosswalk, within twenty feet of a stop sign or other traffic control device located at the side of the portion of a shopping center traversed by vehicles, or within ten feet of a doorway or other access or entrance to the rear of a building except a vehicle loading or unloading. The Police Chief is empowered and authorized to designate or approve the marking of no parking areas prescribed by this section by signs or painted line or curbs.

         E.   No person who is not handicapped, or operating a motor vehicle to transport a handicapped person, shall stop, stand or park any motor vehicle at parking locations which are designated for handicapped persons. Handicapped person means any person who has lost the use of at least one leg or at least one arm; who is blind, deaf or so severely restricted as to be unable to move about without the aid of crutches or a wheelchair, or whose mobility is restricted by permanent cardiovascular, pulmonary or other condition.

   (b)   The Police Chief shall be empowered and authorized to designate or approve the erection of stop signs at such locations as he or she deems necessary for the safe and efficient movement of motor vehicles and pedestrians. He or she shall be further empowered and authorized to approve the placing of appropriate devices, lines or marks upon the roadways, parking areas and sidewalks to indicate crosswalks, walkways and safety islands at such places as he or she deems necessary.

   (c)   It shall be the duty of the Police Department to enforce the provisions of this section. In the event of a fire or other emergency, members of the Fire Department shall be authorized to direct traffic and otherwise assist the Police Department.

   (d)   Any person violating any provision of this section shall be subject to the following penalties:

      (1)   For a violation of Section 1145.06 (a)(1), (2), (3), (4), (6), or (8),a fine in an amount not to exceed one hundred fifty dollars ($150.00).

      (2)   For a violation of Section 1145.06(a)(9)(A) through (D), a fine in the amount of twenty-five dollars ($25.00). In the event that the fine is not received by the Police Department within five days of the violation, the fine shall be fifty dollars ($50.00).

      (3)   For a violation of Section 1145.06 (a)(9)(E), a fine in an amount not to exceed two hundred fifty dollars ($250.00).

      (4)   For a violation of Section 1145.06(a)(5), the penalties as set forth in Chapter 333 of the Codified Ordinances of the City of Willowick.

(Ord. 2012-16. Passed 3-20-12.)

   Each building within the area designated in Section 1145.02(b) and (c) shall be architecturally similar in design and of brick or stone construction on all sides. No sign shall be erected without the approval of the design and construction by the Chief Building Inspector. The outside storage of trash is prohibited.

(Ord. 2012-16. Passed 3-20-12.)

   The owner of a lot in a Retail District which is being utilized for that use shall provide a six foot fence and a ten foot wide green belt, as provided in Section 1163.12, along those sides which abut lots in a Single Family or Multi Family District.

(Ord. 2012-16. Passed 3-20-12.)

   The Plan Review Board shall approve a preliminary plan under Section 1145.03(a) and (b) upon the finding that the plan meets the requirements and standards of the Zoning Code and other applicable provisions of the Codified Ordinances. Final project plans shall also be submitted to and approved by the Plan Review Board before any construction is stated if it finds that the plans meet the requirements and standards of the Zoning Code and other applicable provisions of the Codified Ordinances.

(Ord. 2012-16. Passed 3-20-12; Ord. 2021-52. Passed 12-21-21.)

   No building or premises, parking lot or garage or any portion thereof shall be used by any vendor of goods, wares, merchandise or services for the conduct of such vendor's business unless the same is conducted in or on the premises of a permanent building or structure licensed by the City for that purpose. The Chief Building Inspector may recommend the issuance of a temporary permit authorizing business or fund raising activities to be conducted within the areas normally designated for vehicular and/or pedestrian traffic and/or parking. Such permission shall not exceed three weeks, and shall be upon such other terms and conditions as the Building Inspector may require. The temporary permit shall not be effective until such time as City Council affirms the recommendation of the Chief Building Inspector, or modifies same.

(Ord. 2012-16. Passed 3-20-12.)

   The following development and design standards shall apply to all new construction or rehabilitation of buildings or premises in the Retail District within the City and shall be shown in the Preliminary Plan and final project plans:

      (1)   The preservation and promotion of pedestrian access to Lake Erie and public spaces around the lakefront or incorporating it into designs is highly recommended.

      (2)   The creation of connections will make it easy for people to navigate and connect to adjoining municipalities.

      (3)   Commercial design projects will emphasize the following concepts:

         A.   Think Pedestrian First.

            1.   Willowick's commercial districts shall be designed and developed to provide for a safe and inviting pedestrian experience.

            2.   Buildings should be designed to promote walkability or rehabilitated to recapture the qualities of existing buildings and their original pedestrian orientation.

            3.   Business entrances shall engage the street and provide a clear entry sequence.

            4.   Sidewalk areas should be wide enough to accommodate pedestrian activity while also allowing space for amenities such as landscaping, benches, transit waiting areas and refuse containers.

            5.   Design elements shall include:

               a.   Windows at street level;

               b.   Landscape planters;

               c.   Signage to scale (blade and pendant);

               d.   Emphasis of window displays;

               e.   Entry promotes four-season activity;

               f.   Limited head-in parking;

               g.   Limited curb-cuts and vehicle access;

               h.   Lighting building facades;

               i.   Building is to scale with adjacent buildings or properties;

               j.   Consistent setbacks to sidewalks with adjacent properties;

               k.   Promoting safe outdoor dining experiences;

               l.   Emphasis on transitions/connections to Lakefront Park;

               m.   Promoting business and retail use;

               n.   Preservation of green space.

         B.   Lakefront Connectivity.

            l.   Development or rehabilitation projects in the retail district should include a lakefront element of design including boats or beach themed signage and sidewalk patterns encouraging pedestrian traffic to the park.

         C.   Continuity of Design.

         D.   Quality of Design.

            1.   The retail district should have well designed buildings of high-quality materials, thoughtful detailing and have potential for effective reuse.

            2.   Four-sided design is encouraged to utilize and make aesthetically pleasing building elevations.

            3.   Building rehabilitation and new construction shall include the appropriate high-quality treatment of all visible elevations.

            4.   Design, construction methods and materials used in rehabilitation work should be appropriate to the period of construction of a building and should include built-in longevity.

            5.   Fundamental Concepts.

               a.   Building materials for new and rehabilitated structures should complement and be compatible with existing historic buildings.

               b.   Unacceptable building materials include stucco or EIFS, split face concrete masonry units, jumbo brick and vinyl siding.

               c.   Design that is contextual and brings visual interest to the streetscape should be encouraged.

               d.   The Secretary of the Interior's Standards for Rehabilitation should be used to guide the rehabilitation of historic buildings. Demolition of historic buildings is discouraged.

               e.   Design elements shall include:

                  i.   Maintaining or reinstating bulkheads, storefronts, transoms, doors, windows, cornices and parapets.

                  ii.   Maintaining unused secondary door locations in storefronts.

                  iii.   Maintaining or reinstating original interior ceiling lights. Ceilings shall not be dropped in front of window openings or transoms. Where necessary, dropped ceilings shall be held off the storefront walls.

                  iv.   New construction and additions shall provide a transition, such as a setback or graduated height increase, to buffer visual effect and feeling when adjacent to a historic building.

                  v.   Appropriate, traditional, quality building materials shall be used for repair, rehabilitation, and new construction.

   The Plan Review Board and the Planning Commission shall have the authority to waive the standards set forth in Section 1145.04 and 1145.11 if it determines at the time of formal review, that due to unique circumstances, the standards set forth herein cannot practically be achieved, and the waiver of each specific standard will not have a material adverse impact on the City, or adjoining properties.

(Ord. 2012-16. Passed 3-20-12; Ord. 2023-10. Passed 3-21-23.)

   There is hereby established an Industrial District within the City. This use district is intended to permit most compounding, assembly or treatment of articles or materials with the exception of nuisance industries and heavy manufacturing or processing of raw materials.

(Ord. 2012-17. Passed 3-20-12.)

   The following building and uses are permitted in an Industrial District:

   (a)   The manufacture, compounding, processing, packing or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries and food products except the rendering or refining of fats and oils.

   (b)   The manufacture, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials: ferrous or nonferrous metals, bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi precious metals or stones, shell, rubber, tobacco, wood (excluding saw mills), tars and paint involving a boiling process.

   (c)   The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired on by electricity or gas.

   (d)   The manufacture and maintenance of billboards and commercial advertising structures.

   (e)   Foundry casting light weight nonferrous metal not causing noxious fumes or odors.

   (f)   Machine shop or other metal working shop, excluding drop hammer and other noise making machine operated tools.

(Ord. 2012-17. Passed 3-20-12.)

      (1)   All business, service, storage and manufacturing operations shall be conducted, and all materials used in their operations shall be contained wholly within enclosed buildings, classified as fireproof, or enclosed by a solid wall or fence of such a nature and height as to conceal completely all operations thereof, and all materials therein from an observer's view, if that observer is standing at the grade level on an adjacent residential premises or public street, except for materials permitted in storage yards which may be stored within an open yard if not contiguous or within 100 feet of a Single Family, Multi Family, Mixed Use, Apartment or Retail District;

      (2)   Storage of all materials in yards or buildings must comply with fire protection standards in effect at the time;

      (3)   Waste products resulting from all aforesaid operations shall be disposed of, stored in buildings or enclosed within a solid type wall or fence;

      (4)   All operations shall be of a type that will not disseminate dust, smoke, fumes, gas, glare, noxious odors or possess other characteristics equally as objectionable.

      (5)   No noise and vibrations shall be produced at the boundary of the district adjoining a Single Family, Multi Family, Mixed Use, Apartment or Retail District.

(Ord. 2012-17. Passed 3-20-12.)

   For every building there shall be a setback of not less than fifty feet from the street right of way. Except for necessary drives and walks, a front yard shall be planted in grass or other suitable ground cover, including shrubs and/or trees.

(Ord. 2012-17. Passed 3-20-12.)

   (a)   Asphalt manufacture or refining.

   (b)   Paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacture.

   (c)   Petroleum products manufacture or wholesale storage of petroleum.

   (d)   Quarry or stone mill.

   (e)   Wool pulling or scouring.

   (f)   Acetylene gas manufacture or bulk storage.

   (g)   Ammonia, bleaching powder or chlorine manufacture.

   (h)   Chemical manufacture.

   (i)   Concrete or cement manufacture.

   (j)   Iron or steel foundry.

   (k)   Rolling mills.

   (l)   Any other trade, industry or use that will be injurious, hazardous, noxious or offensive to an extent equal to or greater that those enumerated.

   (m)   Any industry or use creating noise and/or vibrations at the boundary of the district adjoining a residential district or public street exceeding the average intensity of street traffic noise at any point along the boundary.

   (n)   Sale of motor vehicles

(Ord. 2012-17. Passed 3-20-12; Ord. 2023-34. Passed 7-18-23; Ord. 2023-53. Passed 12-5-23.)

   The owner of a lot in an Industrial District which is being used for a Retail District or Industrial District use shall provide a six foot fence and a ten foot wide green belt as provided in Section 1163.13 along those side or rear lines of the lot abutting a Single Family, Multi Family or Apartment District.

(Ord. 2012-17. Passed 3-20-12.)

   (a)   The provisions of this chapter shall apply to uses, structures and lots that were legally existing as of the effective date of March 20, 2012, but that become nonconforming as the result of the application of this Code to them or from reclassification of the property under any subsequent amendments to this Code.

   (b)   It is the general policy of the City to allow nonconforming uses, structures, or lots to continue to exist and to be put to productive use. However, it is also the general policy of the City to bring as many aspects of such nonconformities into conformance with this Code as is reasonably practicable, all subject to the limitations of this chapter. The limitations of this chapter are intended to recognize the interests of property owners in continuing to use their property but to reasonably control expansions, re-establishment of discontinued uses, and the re-establishment of nonconforming buildings and structures that have been substantially destroyed.

   (c)   Nonconformities shall be allowed to continue in accordance with the requirements of this chapter.

(Ord. 2013-69. Passed 12-17-13.)

   Repairs and normal maintenance required to keep nonconforming uses and structures in a safe condition shall be permitted, provided that no alternations shall be made except those allowed by this chapter or required by law or ordinance.

(Ord. 2013-69. Passed 12-17-13.)

   Nonconforming uses shall be subject to the following standards:

   (a)   Enlargement. A nonconforming use may be enlarged, increased or extended beyond the area it occupied as of March 20, 2012, provided that the Board of Zoning Appeals finds all of the following:

      (1)   The enlargement will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets;

      (2)   The enlargement will cause no greater adverse impacts on surrounding properties than did the original nonconforming use;

      (3)   All increases and enlargements do not exceed 25% of the area that the nonconforming use occupied as of March 20, 2012.

   (b)   Relocation. No nonconforming use shall be moved in whole or in part from its structure as of March 20, 2012, to any other part of such parcel, building, structure, or to another lot except in compliance with this Code.

   (c)   Discontinuance and Abandonment.

      (1)   If a nonconforming use is voluntarily discontinued for a period of six consecutive months or more, any use of the property thereafter shall be in conformance with regulations and provisions set by this Code for the district in which such property is located;

      (2)   Discontinuance of a nonconforming use may be indicated by non-use and the removal of either stock-in-trade or substantially all equipment, fittings, or furniture needed to operate the use.

   (d)   Damage or Destruction. If any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50% of its fair market value prior to the destruction, such use shall not be restored except in conformance with this Code. The determination of such reduced value shall be made by the Board of Zoning Appeals, which may, if necessary, consult with a City-appointed appraiser.

   (e)   Change in Use/Substitution.

      (1)   The Board of Zoning Appeals may permit a nonconforming use to be changed to a second nonconforming use, provided that the new use shall be of the same general character or of a character less intensive than the original nonconforming use, and provided the new use will result in equal or less impact on the surrounding community and district.

      (2)   A nonconforming use that changes to a conforming use or to a second nonconforming use as set forth in subsection (1) above may not thereafter revert to the original nonconforming use.

   (f)   Accessory Uses. No use that is accessory to a principal nonconforming use shall continue after such principal nonconforming use ceases or terminates.

   (g)   Nonconforming as to Parking.

      (1)   Nonconformity as to off-street parking or loading shall not render a use subject to the conditions of this section;

      (2)   A use that is nonconforming as to off-street parking or loading shall not be changed to another use requiring more off-street parking or loading unless the additional required parking or loading is provided;

      (3)   The Board of Zoning Appeals may permit a nonconforming use to provide off-street parking or loading on a lot other than the lot on which the use is located.

(Ord. 2013-69. Passed 12-17-13.)

   Nonconforming structures shall be subject to the following standards:

   (a)   Enlargement. The extension of a building which is nonconforming due to side yard setback shall be allowed so long as the extension is not closer to the side property line and the extension does not exceed 25% of the existing building length on the same side. A nonconforming structure may otherwise be enlarged, increased, or extended beyond the area it occupied as of the effective date of March 20, 2012, provided the Board of Zoning Appeals finds all of the following:

      (1)   The enlargement will not create a new nonconformity or increases the degree of existing nonconformity (e.g., if a structure is nonconforming as to rear yard setback as of the effective date of this Code, it cannot be subsequently enlarged such that it becomes nonconforming as to height or encroaches further into the required rear yard setback);

      (2)   The enlargement will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets;

      (3)   The enlarged structure will cause no greater adverse impacts on surrounding properties than did the original nonconforming structure; and

      (4)   That over the life of the structure, all increases and enlargements do not exceed 25% of the area that the nonconforming structure occupied as of the effective date of this Code.

   (b)   Damage or Destruction.

      (1)   If any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 50% of its fair market value prior to the damage or destruction, such structure shall not be restored except in conformance with this Code. The determination of such reduced value shall be made by the Board of Zoning Appeals, which may, if necessary, consult with a City-appointed appraiser.

      (2)   If a nonconforming structure is damaged or destroyed, by any means, to the extent of 50% or less of its fair market value prior to the damage or destruction, no repairs or restoration shall be made unless commenced within six months and completed within 24 months of the date of the damage or destructive event. The determination of such reduced value shall be made by the Board of Zoning Appeals which may, if necessary, consult with a City-appointed appraiser.

   (c)   Relocation. Nonconforming structures shall not be moved for any reason or for any distance except to be brought into compliance with this Code.

(Ord. 2013-69. Passed 12-17-13.)

   (a)   Development Permitted. Regardless of the size of a lot of record that legally existed as of March 20, 2012, and subject to subsection (b) below, such lot may be developed for any use permitted in the district in which the lot is located, provided that where setback, width, open space, density, or other requirements made development impractical, the Board of Zoning Appeals may permit development to occur after granting specific variances.

   (b)   Consolidation Required. If two or more lots or parcels are contiguous, in single and common ownership, and are of record as of March 20, 2012, or amendments thereto, and if all or part of the lots or parcels with no principal structures thereon do not meet the minimum lot area requirements set forth in the applicable district regulations of this Code, then the lands involved shall be considered to be a single, undivided parcel for the purposes of this Code. No portion of such parcel shall be used or sold in a manner that renders compliance with the lot area requirements set forth in this Code less feasible, nor shall any division of any parcel be made that creates a lot with a width or area less than the requirements set forth in this Code.

(Ord. 2013-69. Passed 12-17-13.)

   In a Single Family District, no building or structure shall be erected to a height in excess of two and one-half stories or in excess of thirty-five feet, except that no church, school or library building shall be erected to a height in excess of four stories or in excess of fifty feet.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   (a)   The provisions of Section 1163.01 shall not apply to restrict the height of a church spire, belfry, clock tower, wireless tower, chimney flue, water tank, elevator bulkhead or stage tower or scenery loft.

   (b)   The Board of Zoning Appeals may, after public notice and hearing and subject to such conditions and safeguards as the Board of Zoning Appeals may prescribe to protect the appropriate use of neighboring property, permit the erection of a building or portion of a building covering not more than twenty-five percent of the area of the lot to a height in excess of the limits prescribed in the preceding section, which permission shall be confirmed by resolution of Council before becoming effective.

   (c)   Nothing in this Zoning Code shall prevent the erection above the height limit of a parapet wall or cornice solely for ornament and without windows extending above such height limit not more than three feet.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   (a)   Amateur radio antennas shall be subject to the following constraints:

      (1)   The location of an antenna shall be permitted only in a rear yard in compliance with this chapter.

      (2)   A permit for installation shall be required and all abutting property owners shall be notified.

      (3)   Applications shall be submitted to the Chief Building Inspector with complete plans and specifications of the manufacturer to establish that the tower on the proper foundation will withstand a wind load of at least eighty- five miles per hour. If guy wires are used, they shall be sufficiently visible to prevent accident or injury to any person.

      (4)   The height of the antenna shall not exceed fifty-five feet (16.8 meters).

      (5)   The attachment of any ancillary equipment, such as satellite dishes, shall not be permitted.

   (b)   All other broadcasting or similar type towers not subject to Chapter 1181 or 1345 of these Codified Ordinances shall be subject to the following constraints:

      (1)   The location of broadcasting or similar towers shall be in areas appropriately zoned for the purpose and shall be a distance from any building or property line equal to 110 percent of their height or more.

      (2)   A permit for installation shall be required and all abutting property owners shall be notified. Approval by the Planning Commission shall be required.

      (3)   Applications shall be submitted to the Chief Building Inspector with complete plans and specifications of the manufacturer to establish that the tower or the proper foundation will withstand a wind load of at least eighty- five miles per hour. If guy wires are used, they shall be sufficiently visible to prevent accident or injury to any person.

      (4)   Height limitations are subject to the approval of the Planning Commission, taking into consideration the effect on aesthetics and the health, safety and welfare of the residents of the City.

      (5)   The attachment of any ancillary equipment other than the approved original intent of the towers shall not be permitted.

      (6)   The transmitting towers shall comply with all required Federal Communications Commission (FCC) and Nonionizing Electromagnetic Radiation (NIER) Standards.

(Ord. 99-33. Passed 10-5-99; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   (a)   In a Single Family District, no dwelling or premises shall be erected or altered to accommodate or make provision for more than one family for each 7,500 square feet of the area of the lot if any interior lot or for each 6,000 square feet if a corner lot.

   (b)   No permit shall be issued for the erection or alteration of a building in a district permitting non-residential use unless there shall be first filed with the application for such permit, plans to the extent necessary and other data clearly showing that there is or will be provided space sufficient in extent for off-street parking of motor vehicles of the employees, patrons, licensees, clients, guests, tenants or other occupants or users thereof, and for off-street loading and unloading. For the purposes of this section, off-street parking space and loading and unloading space shall be such space as is entirely off the right-of- way of any public street:

   Each such building shall have off-street parking space and loading and unloading space on or adjoining its premises within such district sufficient in capacity to provide three and one-half square feet of parking space and loading and unloading space for each one square foot of floor space on the ground floor of such building or any floor above the ground floor, unless the Board of Zoning Appeals, upon which power and jurisdiction for such purpose is hereby conferred, shall, upon application made to it by the person applying for such permit, find and determine that a lesser area will be sufficient to provide parking, loading and unloading space adequate for the public health and safety, having regard to the use made of the premises and the availability of other areas for parking, loading and unloading.

   Adequate access driveways to parking spaces and loading and unloading spaces shall be provided and kept open and unobstructed. All parking spaces, loading and unloading spaces and the driveways leading thereto shall be smoothly graded, hard surfaced and adequately drained; shall be constructed in such a manner so that the surface water shall not discharge over or onto public sidewalks or streets or onto other premises; and the lighting therefor shall be reflected away from adjacent residence areas.

   (c)   In any district permitting nonresidential use, no single building may be erected having a floor area less than 1,500 square feet per floor or story, except as otherwise specifically permitted by the provisions of this Zoning Code.

(Ord. 69-68. Passed 3-2-70; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   In a Single Family, Multi Family or Apartment District, every dwelling or apartment house erected shall have access to a public street, and if located in the rear of other buildings with no immediate street frontage, an easement for access shall be provided over an unoccupied strip of land at least twenty-four feet in width and such reserve strip may not form a part of any yard or lot areas required by this Zoning Code.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   In a Single Family District no dwelling shall be erected on a lot having an average width of less than fifty feet unless such lot was separately owned at the time of the passage of Ordinance 4 or unless such lot is a numbered lot in a subdivision that was on record in the office of the County Recorder at the time of the passage of Ordinance 4.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   (a)   In a Single Family District, for every building erected there shall be a side yard along each lot line other than a front line or rear line. Each single-family dwelling and each two-family dwelling shall be deemed a separate building and shall have side yards as above prescribed, except that two single-family dwellings may be attached as a double house and be considered a single building in any area other than an area within a portion of a Single Family District.

   (b)   In a Single Family District there shall be provided on each lot side yards of at least the total distance set forth in column one of the following chart, which total distances shall be divided, between the two sides of the lot, in conformity to the provisions of column two of the following chart, provided, however, that in no case shall the distance between houses or other residence structures be less than twelve feet, except in the case of corner lots, where the distance shall be not less than ten feet:

 

(Ord. 56-14. Passed 1-16-57; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   In a Single Family or Apartment District, every building erected shall have a rear yard. Such rear yard shall not be less than thirty percent of the depth of the lot, but need not be more than forty feet, provided that the rear yard is no less than one-half of the height of the building. Forty percent of the area of such yard may be occupied by a one-story detached garage not more than fifteen feet in height, nor more than 576 square feet as provided in Section 1337.01 of this Code of Ordinance. On a corner lot the rear line of which is identical with the side line of an interior lot, no such detached garage shall be erected within thirty feet of any street line or within three feet of the side or rear lot line, or ten feet from any dwelling or residence structure. No detached garage shall be in excess of one-story unless a subdivision plan provides otherwise. A detached garage shall be located as determined by the Building Inspector, unless located by the City Board of Zoning Appeals.

(Ord. 98-35. Passed 10-20-98; Ord. 2001-37. Passed 7-10-01; Ord. 2009-87. Passed 11-17-09; Ord. 2010-23. Passed 6-1-10; Ord. 2012-19. Passed 3-20-12; Ord. 2018-40. Passed 11-20-18.)

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   (a)   The area required in a side or rear yard shall be open from the established grade or from the natural grade if higher than the established grade to the sky, unobstructed except for the ordinary projections of window sill, belt courses, cornices and other ornamental features to the extent of not more than four inches, except that within five feet of the street wall, a cornice may project not over three feet into such yard, and provided that if the building is not over two and one-half stories in height, the cornice may project not more than two and one-half feet into such yard.

   (b)   A corner of a yard may be cut off between the walls of the same building provided that the length of the wall of such cut-off does not exceed seven feet.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12; Ord. 2018-40. Passed 11-20-18.)

   For the purpose of regulating front yards, for the purpose of further regulating side yards of corner buildings and for the purpose of regulating the alignment of buildings near street frontages, building lines as set forth on the building maps which are on file in the office of the Chief Building Inspector and are hereby declared to be part hereof, are hereby established. The map designations and the map designation rules, which accompany said map, are hereby declared part thereof. Between a building line and the street line no building or portion of a building extending above the established grade may be erected. In a Single Family District a one story unclosed porch may, however, be constructed between the building line and the street line. On a corner lot between the building line and the street line and within the triangular space included between the street lines for a distance of twenty-five feet from their point of intersection, no fence or other structure more than three feet in height above the plane of the established grade shall hereafter be erected, and no shrubs or foliage shall be maintained that in the judgment of the Chief Building Inspector will materially obstruct the view by a driver of a vehicle approaching the intersection and within seventy-five feet of the center of such intersection of approaching cross traffic within seventy-five feet of the center of such intersection. Where a building line is shown on the building line map as an existing alignment line, the alignment of the buildings existing along such frontage shall determine the building line. In a Retail or Industrial District where a building line is required along both the front and side line of a corner lot, and the building thereon as constructed faces the front of the lot, the building line along such line for a distance of 150 feet back from the building line at the corner shall be located fifteen feet back from the street line in all cases where a greater distance is prescribed on the building line map. On any street frontage in a Single Family, Multi Family, Mixed Use, Apartment or Industrial District, where a building line is required along both the front and side line of a corner lot and the building thereon as constructed faces the front of the lot, the building line along such line for a distance of 150 feet back from the building line at the corner shall be located fifteen feet back from the street line in all cases where a greater distance is prescribed on the building line map. On any street front in a Single Family, Multi Family, Mixed Use, Apartment or Industrial District, where no building line is designated on the building line map, the location of the building line shall be as follows:

   (a)   On a street frontage on either side of a street between two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance of the building line back from the street line shall be not less than thirty feet back from the street line. Where in any portion of such street frontage there are lots of markedly less depth than the normal, the Board of Zoning Appeals in defining and applying this building line regulation may, when in its opinion the general purpose and intent of this section will be better served thereby, divide such street frontage into sections for the application of the above thirty foot building line requirement. For the purpose of this subsection, the term “lot” shall include unimproved parcels in separate ownership and unimproved lots or parcels in subdivision of land.

   (b)   In a Single Family, Multi Family, Mixed Use, Apartment or Industrial District, along the side line of a corner lot the distance of the building line back from the street line shall be not less than fifteen feet.

(Ord. 4. Passed 4-7-24; Ord. 2001-37. Passed 7-10-01.)

   (c)   The front building line shall be the front edge of building or porch, whichever is nearer front property line. The front building line on Lake Shore Boulevard and Sagamore Road shall be fifty feet from the property line.

(Ord. 12. Passed 5-19-24; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   (a)   No person shall park or leave unattended or permit to remain parked or unattended a motor vehicle (as defined in Section 301.20 of the Traffic Code) wholly or partly within a front yard in a Single Family or Multi Family District, unless such vehicle is wholly within a driveway, or unless a permit therefor has been obtained from the Chief Building Inspector. Applications for such permits shall be made in writing and shall be accompanied by a written statement of the applicant, which statement shall set forth the facts qualifying the applicant for the issuance of a permit. Such application and data shall be referred by the Chief Building Inspector to the Board of Zoning Appeals, which may require additional data from the applicant reasonably related to its determinations to be made hereunder. The Board of Zoning Appeals shall approve such application if it finds that:

      (1)   There is insufficient room in the garage, driveway and rear yard areas of the residence for which the permit is sought to park all motor vehicles owned, leased or used in the course of employment by those persons residing in such residence; provided that if no access is available to such rear yard area other than through a front yard, the requirement of insufficient room in such rear yard shall not be applicable;

      (2)   The parking of motor vehicles within the front yard of the residence for which the permit is sought will not interfere with the access to light and open air of the other surrounding property owners, nor adversely affect the appearance or character of the neighboring property; and

      (3)   The parking of motor vehicles within the front yard of the residence for which the permit is sought will not cause interference with the work of the personnel of the Fire and Police Divisions or with public safety or emergency vehicles.

   (b)   Any permit granted by the Board of Zoning Appeals shall set forth the specific number of motor vehicles to be parked in the front or side yard of the property, the period the permit is granted for, and such other conditions as the Board of Zoning Appeals may require to protect the aesthetics, safety, welfare and integrity of the surrounding properties.

   (c)   Whoever violates the provisions of subsection 1163.105(a) shall pay a fine in the amount of twenty-five dollars ($25.00). In the event that said fine is not paid within five days of the issuance of the violation, whoever violates the provisions of subsection 1163.105(a) shall pay a fine in the amount of fifty dollars ($50.00).

(Ord. 92-28. Passed 5-5-92; Ord. 2001-37. Passed 7-10-01; Ord. 2007-23. Passed 4-17-07.)

   (d)   Any person who is denied a permit under subsection (a) hereof may appeal to the Board of Zoning Appeals. If the Board finds that the application has been submitted in accordance with the requirements of this section and that the requirements set forth in subsections (a)(1), (2) and (3) are met, the Board shall recommend the granting of such permit and shall refer the matter to Council. Upon consideration of the matter and standards set forth in this section, Council may order the granting of such permit by the affirmative vote of not less than a majority of its members, whereupon the Chief Building Inspector shall issue a permit in accordance with such order. In considering such appeal and such recommendation, the Board and Council may require additional data from the applicant reasonably related to the factors to be considered in taking action thereon.

   (e)    Not withstanding the foregoing, the Police Division may, upon request, issue a permit for the parking of a motor vehicle or vehicles within a front yard in a Single Family or Multi Family District for a temporary period not to exceed one week where because of special circumstances such temporary parking is necessary, will not interfere with the access to light and open air of other surrounding property owners and will not cause interference with the work of the personnel of the Fire and Police Divisions or with public safety or emergency vehicles.

(Ord. 72-12. Passed 9-5-72; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   There be and hereby is established a setback line of eighty feet measured from the southerly side of Lake Shore Boulevard as dedicated at the time of passage of Ordinance 574 for all of the property on the southerly side of Lake Shore Boulevard from East 324th Street westwardly to the so-called Voth property, being the property fully described in Ordinance 572 .

   No buildings or structures of any kind shall be erected, installed or used between the southerly side of Lake Shore Boulevard and the eighty foot setback line.

(Ord. 574. Passed 1-24-49; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   The following regulations shall apply whenever the side or rear line of a lot subject within the Retail or Industrial District adjoins the side or rear line of a lot in a Single Family, Multi Family or Apartment District:

   (a)   A continuous and obscuring fence, approved by the Chief Building Inspector, six feet in height, measured from the surface of the ground, and a ten-foot wide green belt shall be provided by the owner of the commercial or industrial establishment along those side or rear lines of a lot abutting a Single Family, Multi Family or Apartment District.

   (b)   A preliminary site development plan shall be prepared showing the proposed location of the fence and proposed landscaping treatment as set forth in subsections (d) and (e) hereof.

   (c)   Within fifteen days after receiving approval of the site development plan, the proponent of the proposed development shall post a surety bond in an amount as determined by the Director of Law, with the Clerk of Council, indicating that the proponent of the development will have, upon obtaining an occupancy permit, completed construction of the screening devices as set forth in subsection (a) hereof, and failing to do so, that the City shall be paid the principal of the bond as and for liquidating damages for failure to perform. In lieu of posting a surety bond, the proponent of the development may deposit a cash bond in like amount.

   (d)   The fence required by subsection (a) hereof shall comply with the following provisions:

      (1)   No fence shall project beyond the minimum front yard building line of the principal buildings or structures as required in a Retail or Industrial District.

      (2)   All fences shall further comply with the requirements of Chapter 1165 of these Codified Ordinances governing the type, height and permit provisions for fences.

      (3)   The location of fences shall be subject to the review and approval of the Chief Building Inspector.

   (e)   Green belts shall be planted in accordance with the spacing and suggested plant material outlined below. Work shall commence and be completed on such planting strip prior to the issuance of an occupancy permit by the Chief Building Inspector, and such planting strip thereafter be maintained by the owner of the retail or industrial establishment with permanent plant material.

         A.   Plant material shall not be planted closer than four feet from the property line.

         B.   Where plant materials are planted in two or more rows, plantings shall be staggered.

         A.   Evergreen trees:

            Hemlock

            Pine

            Spruce

            Fir

         B.   Tree-like shrubs:

            Mountain Ash

            Dogwood

            Red Bud

            Hornbeam

            Hawthorne

            Flowering Fruit Trees

         C.   Large deciduous shrubs:

            Honeysuckle

            Forsythia

            Lilac

            Buckthorn

            Russian Olive

            Vibernum

            Wiegelia

            Cotton Easter

         D.   Large deciduous trees:

            Oak

            Birch

            Honey Locust

            Gum

            Sycamore

            Hard Maple

            Ash

         A.   Box Elder

         B.   Elms

         C.    Poplars

         D.   Willows

      (4)   The placement of the ten-foot wide green belt in relationship to the location of the fence shall be subject to the review and approval of the Chief Building Inspector.

(Ord. 75-61. Passed 2-2-76; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)

   (a)   All required parking areas and driveways shall have a smoothly graded concrete or asphalt surface and adequate drainage; gravel and/or aggregate shall not be permitted.

   (b)   The required parking area for a one-family, two-family or multi-family residential building shall not be provided in the front yard, except as provided for under Section 1163.105.

   (c)   The location of all parking areas and driveways shall be submitted to the Plan Review Board for approval in all districts except Single Family or Multi Family Districts, and the Building Inspector shall be authorized to approve the location of all parking areas and driveways.

   (d)   The requirements of this section shall apply to all new driveways and parking areas installed or constructed on or after January 1, 1995. Gravel/loose aggregate for driveway/parking area is strictly prohibited.

(Ord. 2003-3. Passed 2-4-03; Ord. 2012-19. Passed 3-20-12.)

   This chapter may be known as the “Fence Ordinance” of the City, and any reference to the “Fence Ordinance” of the City in any action taken by Council or any board, commission or office of the City shall be deemed to constitute a reference to this chapter unless the context otherwise indicates.

(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   (a)   No fence shall be constructed in any Single Family, Multi Family, Mixed Use, Apartment, Retail and Industrial District, unless approved by the Chief Building Inspector pursuant to the application procedure set forth in Section 1165.03.

   (b)   No fence shall hereafter be erected, altered, relocated or reconstructed in a Single Family or Multi Family District unless information is first presented to the Chief Building Inspector showing the location, dimensions, materials and the manner of construction of the fence, and the Chief Building Inspector has issued a permit for the same. No person shall commence any such work unless a permit has first been obtained.

   (c)   No fence permit shall be granted if, in the opinion of the Chief Building Inspector the construction, alteration, relocation or reconstruction of the proposed fence will constitute a nuisance, fire hazard, public safety hazard or traffic hazard, impair the light or movement of air in a manner tending to cause an unhealthy condition or adversely affect the reasonable use of neighboring properties.

   (d)   A fee shall be charged for each fence permit issued as provided in Section 1337.01(a)(7).

Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   (a)   No fence in any Single Family, Multi Family, Mixed Use, Apartment, Retail and Industrial District shall exceed six feet in height above the existing grade line with an allowable deviance of no more than three inches to allow for clearance and/or uneven terrain.

   (b)   In the event that an appeal is taken to the Board of Zoning Appeals based upon a denial for failure to comply with the requirements of subsection (a) hereof, notice of such appeal shall be forwarded by the applicant to all owners of the properties abutting the rear and side yards of the property, or their written consent to the construction of such fence shall be submitted to the Board of Zoning Appeals. Notice shall be deemed provided upon mailing. It shall be the responsibility of the applicant to supply the Board of Zoning Appeals with evidence sufficient to establish the identity of the owners of the abutting property and proof of the notice called for herein.

(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   (a)   No electrically charged fence shall be constructed in the City.

   (b)   No barbed wire shall be used on any fence, and chain-link or mesh wire fences shall be constructed without barbs and/or unfinished and sharp edges at either the top or the bottom of the fence.

   (c)   Solid type fences shall be prohibited with the exception of any style fence with a minimum of a one-quarter inch opening between picket panels.

(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2007-24. Passed 4-17-07; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   No more than one fence shall be permitted to be constructed on a property line.

(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   (a)   Abutting property owners may agree to construct a joint fence on the property line.

   (b)   For purposes of this Zoning Code and other provisions of these Codified Ordinances, each abutting property owner shall be responsible for constructing and maintaining such fence in compliance with this Zoning Code as aforesaid and each such owner shall be subject to the penalties for noncompliance therewith.

(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   (a)   No fence shall be allowed in a front yard, except an ornamental fence in the Single Family, Multi Family, Mixed Use, Apartment, Retail and Industrial Districts. “Ornamental fence” means a continuous structure or device intended primarily for ornamentation and not for enclosing an area, to be no more than three and one-half feet in height, running from front corner to front corner of the house, consisting of a post or posts interconnected by a top rail and one center rail and connected between the top rails and center rails with all types of material so as to emit air through eighty percent of the area of the fence, and which is situated in its entirety within twelve feet of the front line of a building or the ground level projection thereof, and between lines constituting the forward extension of lines of the sidewalk/foundations of such building, or at the corners of a lot, so long as it does not exceed in length and width twenty-five percent of the frontal length of the lawn area and side length to the residence, respectively, and tapering from the corner to a height of one foot or less at its end. No ornamental fence shall be permitted at any other location in a front yard.

   (b)   No fence in the Single Family, Multi Family, Mixed Use, Apartment, Retail and Industrial Districts shall be permitted in a side yard, except that a fence shall be permitted in a side yard, which extends no further than the rear house or main building line or abuts a side entranceway door. Such a fence shall not extend toward the front line of the house or building more than two feet beyond the side entranceway door.

   (c)   Main buildings and houses situated on corner lots shall be bound by the same restrictions contained herein. Additionally, on corner lots, a fence may extend no more than four feet from the side of the main building or house and may not exceed four feet in height.

   (d)   In no circumstances shall any fence be permitted closer than four feet to a public sidewalk, except a corner front yard “ornamental” fence, which shall be no closer than one foot to a public sidewalk.

(Ord. 97-36. Passed 7-15-97; Ord. 96-51. Passed 1-7-97; Ord. 2001-12. Passed 6-19-01; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   Notwithstanding the provisions of this chapter with respect to height and location of fences, in order to protect the safety of the inhabitants of the City, the Chief Building Inspector may issue permits for the construction of fences to enclose swimming pools having height and location other than herein prescribed, upon the prior approval thereof by the Chief Building Inspector, which approval shall be granted if the Chief Building Inspector finds that such fence will meet the requirements of the ordinances of the City governing the construction and maintenance of fences enclosing swimming pools and will satisfy the requirements set forth in this section. Application for such permit shall be made in writing to the Chief Building Inspector and shall be accompanied by drawings showing the location, character and extent of such fence. The Chief Building Inspector may require additional data from the applicant reasonably related to the factors it must consider in acting upon such application.

(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   (a)   Any person who is denied a permit for the construction of a fence in the City may appeal to the Board of Zoning Appeals. The appellant will pay the scheduled fee to the City with a written application on the forms provided by the Board of Zoning Appeals, at which time the Secretary of the Board of Zoning Appeals will place the appellant's request on the Board's agenda for the next available meeting date.

   (b)   If the Board shall find that such proposed fence is substantially in accordance with the requirements described in this chapter, notwithstanding insubstantial variances therefrom, and shall determine that the construction, alteration, relocation or reconstruction of the proposed fence will not constitute a nuisance, fire hazard, public safety hazard or traffic hazard, and further will not impair the light or movement of air in a manner tending to cause an unhealthy condition, or will not adversely affect the reasonable use of neighboring properties, the Board may recommend the granting of such permit and shall refer the matter to Council.

   (c)   Upon consideration of such matter and the standards set forth in this chapter, Council may order the granting of such permit by the affirmative vote of not less than a majority of its members, whereupon the Chief Building Inspector shall issue a permit in accordance with such order. In considering such appeal and such recommendation, the Board and Council may require additional data from the applicant reasonably related to the factors to be considered in taking action thereon.

(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   (a)   In the event that a fence has already been constructed without a permit, or an appeal has been denied and a fence has already been constructed in violation of this chapter, the owner of the property on which the fence is located shall be notified in writing that he is in violation of this Zoning Code before the penalty set forth in Section 1131.99 will be applied.

   (b)   It shall be the duty of each property owner to determine the property lines and to ascertain that the fence constructed does not encroach upon another lot or parcel of land. The City shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for the permit as outlined in Section 1165.02. However, the issuance of the permit by the City shall not be construed to mean that the City has determined that the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him or her herein.

(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)

   (a)   As used in this chapter, “air conditioning unit” or “unit” means any appliance, instrument, device, apparatus or equipment or component thereof, used for washing, humidifying, dehumidifying or controlling the temperature of air in a residence or other accessory building and which is designed for installation in an outdoor location detached from the building which it serves.

(Ord. 68-56. Passed 2-19-69; Ord. 2001-37. Passed 7-10-01.)

   (b)   No air conditioning unit shall be installed in an outdoor location in a Single Family or Multi Family District without first obtaining a permit therefor from the Chief Building Inspector. Applications for such permits shall be in writing, shall specify the brand name, model, dimensions and cooling capacity of the air conditioning unit, and shall be accompanied by a drawing showing the proposed location of the unit. If the proposed installation complies in all respects with this chapter and all other applicable ordinances, rules and regulations of the City, and upon payment of a fee, the Chief Building Inspector shall issue a permit therefore.

(Adopting Ordinance; Ord. 2001-37. Passed 7-10-01.)

   (c)   In a Single Family or Multi Family District no air conditioning unit shall be installed, placed or set (i) within a side or front yard; (ii) determination of the number of feet within any side or rear lot line will be at the discretion of the Board of Zoning Appeals; (iii) within fifteen feet of any residence other than the one being served by such air conditioning unit.

(Ord. 87-71. Passed 12-1-87; Ord. 2001-37. Passed 7-10-01; Ord. 2003-59. Passed 11-5-03.)

   (d)   Every air conditioning unit installed in an outdoor location shall be placed upon a level, one-piece slab of concrete or similar material of such strength and thickness as to prevent breakage due to freezing or other causes.

   (e)   The Board of Zoning Appeals or Council may, as a condition of granting a variance from the provisions of this chapter as to location of an air conditioning unit, require that landscaping or other sound-deadening material be installed in connection with the installation of an air conditioning unit in order to prevent the sound from such air conditioning unit from being annoying, disturbing or injurious to the comfort, repose, peace, health or safety of nearby residents.

   (f)   No air conditioning unit shall be placed in operation until the Chief Building Inspector has inspected the same and determined that the installation and location thereof are in compliance with this chapter and all other applicable ordinances, rules and regulations of the City.

(Ord. 68-56. Passed 2-19-69; Ord. 2001-37. Passed 7-10-01; Ord. 2012-21. Passed 3-20-12.)

   (a)   When an applicant makes application to present a request to the Chief Building Inspector, the Plan Review Board and the Board of Zoning Appeals or Council, the applicant shall first deposit funds in a special account with the Director of Finance to defray such expenses as are attendant to his request according to the following schedule in addition to the normal or usual filing fee to appear before the Board of Zoning Appeals or Council.

 

 

   (b)   (1)   When considering proposals as identified in this chapter, if the Chief Building Inspector, the Board of Zoning Appeals or Council requests professional assistance in its study and review from the City Engineer, the City Planner, the Director of Law or other consultants that may be required, and it is determined, at any stage of the proceedings, that the initial deposit, as set forth in subsection (a) hereof, is insufficient to cover the cost of such professional assistance, then the applicant, upon notification thereof, shall deposit an additional sum of money as specified by the Chief Building Inspector, the Board of Zoning Appeals or Council before further consideration of the request.

      (2)   At any stage of the proceedings, if the Chief Building Inspector, the Board of Zoning Appeals or Council determines that the deposit required under subsection (a) hereof is insufficient to cover the costs of consultants and other related expense, it shall determine the amount of additional money to be deposited and notify the applicant to make said deposit within fourteen days. No further action shall be taken on said application until said deposit is made. Failure to make such deposit may lead to the dismissal of the application under Section 1169.04.

(Ord. 99-30. Passed 7-6-99; Ord. 2001-37. Passed 7-10-01.)

   In the event professional consulting services rendered by the City Engineer, City Planner and/or Director of Law, or any other outside consultants, or other expenses are necessary as determined by the Chief Building Inspector or the Mayor, the same shall be approved by the Mayor and they shall be rendered at prevailing contractual rates for such consulting services.

(Ord. 76-35. Passed 1-4-77; Ord. 2001-37. Passed 7-10-01.)

   The Director of Finance shall establish special accounts within the City's funds on behalf of such applicants, and upon authorization of the Chief Building Inspector and/or the Mayor, he shall pay to the City by way of reimbursement or directly to the person rendering such services all charges and expenses incurred in connection with the applicant's business before the Chief Building Inspector, Plan Review Board, Board of Zoning Appeals or Council. Should any applicant's special fund have a balance of less than twenty percent of the original deposit, the Mayor shall request in writing that the applicant provide an additional deposit so that the balance shall then equal the original deposit required. In the event such request is approved or disapproved by the Chief Building Inspector, Board of Zoning Appeals or Council, or withdrawn by the applicant, any funds remaining in such special deposit account, after payment of all lawful charges thereupon, shall immediately be returned to the applicant. The Director of Finance shall furnish an accounting of charges to such fund at any reasonable time upon request of the applicant and upon final dispersal.

(Ord. 76-35. Passed 1-4-77; Ord. 2001-37. Passed 7-10-01.)

   (a)   Upon any failure to post deposit funds to defray Municipal overhead, as herein provided, the Planning Commission, Plan Review Board, Board of Zoning Appeals or Council may dismiss any application.

   (b)   Nothing herein shall obligate the City to grant its approval of an application or be construed as consideration therefore, but rather the deposit shall serve the purpose that the City shall continue to be governed by its officials’ informed and intelligent vote upon each specific appeal and with the direction that such funds are to be applied to furnish the City with necessary technical data from professional Municipal consultants when requested or required by it on specific applications or to defray necessary advertising and/or other administrative expenses regardless of the outcome of the final disposition of the request or proposal of the applicant.

   (a)   The following fees shall be collected in advance by the Director of Finance. Upon payment of such fees, the Director shall notify the Chief Building Inspector, the Plan Review Board and/or the Board of Zoning Appeals, as the case may be, of the receipt of such fees.

   As used in this chapter, “accessory buildings” shall be defined as any portable, demountable, or permanent structure, including but not limited to, tool sheds, cabanas, armadas, storage sheds, car ports, gazebos, piers, pilings, playhouses, swing sets, garden structures, and other similar outbuilding and structures exclusive of garages.

(Ord. 2016-59. Passed 12-20-16.)

   Accessory building shall be permitted in all use districts, provided, however, that such accessory buildings shall be subject to the following rules and regulations governing their location, erection and construction:

   (a)   No accessory buildings shall be erected without a building permit issued for such purpose by the Chief Building Inspector.

   (b)   Only accessory buildings sold commercially or constructed according to plans approved by the Chief Building Inspector shall be permitted.

   (c)   The maximum size of any accessory building shall be 120 square feet as measured from its external dimensions. The maximum height shall be ten feet.

   (d)   Accessory buildings shall have the following flooring and base:

      (1)   Accessory buildings of wood construction, not exceeding 120 square feet total external dimensions with a floor of pressure-treated lumber, may be erected on a four inch gravel base on a reasonably level site. The base shall extend one foot beyond the entire perimeter of the building with an edging of treated timbers.

      (2)   Accessory buildings requiring flooring and base of wood construction in excess of 120 square feet as measured from its total external dimensions, upon approval of the Board of Zoning Appeals, shall be erected on a four-inch thick concrete base and four-inch high curb with embedded anchor bolts, except that the Chief Building Inspector may require a footer for larger buildings.

      (3)   Accessory buildings requiring flooring and a base of metal construction shall be anchored on a four-inch thick concrete base.

      (4)   Accessory buildings requiring flooring and a base of plastic construction or similar material shall be anchored pursuant to the manufacturer’s instructions.

   (e)   Accessory buildings shall be a minimum of three feet from the side property lines and three feet from the rear property line, whether the house has an attached garage, a detached garage or no garage. In no event shall an accessory building be permitted in a front yard, regardless of whether the house has an attached garage, detached garage or no garage. Further, no accessory building shall be less than ten feet from any dwelling or any other resident’s structures.

   (f)   When an accessory building is to be constructed on a lot having either a house with an attached garage or no garage, then such accessory building shall be located at least three feet, but no more than ten feet, from the rear property line, provided, however, that if such rear property line abuts a side property line, then the accessory building shall be at least ten feet from the abutting side line.

   (g)   No more than one accessory building requiring flooring and base (exclusive of detached garage) shall be permitted on a lot.

   (h)   The only lots upon which an accessory building shall be permitted are those upon which a habitable house is found.

(Ord. 2016-59. Passed 12-20-16.)

   In all residential subdivisions platted subsequent to the effective date of this section, unless exempted from the requirements of this chapter as provided in Section 1173.04, all telephone and electric distribution wire, Cable T. V., conduits and cables therein, shall be installed underground, except as necessary to bring service to the subdivision. Existing overhead facilities and any rearrangement, improvement or addition thereto shall be exempt from this requirement.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01.)

   The preliminary plan with respect to residential subdivisions shall be submitted to the City Engineer and to the electric and telephone utility companies which will provide service to the subdivision for their recommendations with respect to the width and location of easements for electric and telephone distribution cables and related facilities. The recommendations of the City Engineer and such utility companies shall be submitted to the Plan Review Board by the owner of the subdivision together with the plat of the subdivision. Prior to approving the plat of the subdivision, the Plan Review Board shall determine that adequate easements are provided for all utility services including underground electric and telephone distribution wires, conduits, cables, gas pipelines, sewer and water lines. The owner of the subdivision shall, at the time the plat of the subdivision is submitted for approval, present such evidence as the Plan Review Board deems necessary to insure that the owner shall make or has made provision for all utility services including underground electric and telephone distribution wires, conduits, cables, gas pipelines, sewer and water lines, in accordance with this section and adequate for the anticipated needs of the subdivision.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01.)

   The construction of all underground facilities shall meet the minimum requirements of the Public Utilities Commission of Ohio and any code approved or adopted by the Public Utilities Commission of Ohio.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01.)

   This chapter shall not apply to any of the following above ground utility facilities:

   (a)   Poles used exclusively for police and fire alarm boxes, traffic control facilities, or any similar Municipal equipment installed under the supervision and to the satisfaction of the Director of Public Service and/or the Director of Public Safety;

   (b)   Thoroughfare street lighting systems on arterial streets of highways designated by the City and lighting units comprised of poles, standards, conductor and appurtenant equipment for other street lighting systems and for area lighting;

   (c)   Radio antennae and associated equipment, including supporting structures. This exception specifically does not include utility facilities extending to and from such equipment;

   (d)   Temporary utility facilities used for supplying services to new construction or for maintaining services during periods of restoration or replacement; and

   (e)   Service equipment and connections mounted against walls of buildings served, including electric risers and meters and communication or television risers and terminals.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01.)

   The Board of Zoning Appeals of the City may grant a variance from the requirements of this chapter in those circumstances only where underground construction would not be practicable due to the nature of the soil or rock formations in the area, unusual rodent or animal infestation which cannot be corrected, the presence of existing impeding underground drainage ditches, open storm sewers, and impediments of like nature or because of some other equally prohibitive circumstances.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01.)

   Prior to the approval of a final plat for residential subdivisions within the City, the owner or subdivider duly authorized by the owner, shall submit plans to the City Engineer showing the location of easements and rights of way for all underground utility facilities to be installed within such subdivision. Within sixty days after completion of installation of the underground utility facilities, the owner shall furnish to the City drawings showing the location and depth of such facilities within the subdivision.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01.)

   Prior to the granting of final approval of any residential subdivision, the subdivider shall have installed or shall have furnished adequate bond for the ultimate installation in accordance with standards of the Ohio Public Utilities Commission of underground communication cables and underground distribution cables for power and street lighting from a common distribution system and equipment and housing necessary in the operation of the distribution system, together with adequate provision for street light lamps and standards in accordance with the design approved by the Plan Review Board.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01.)

   No person shall rebuild or reconstruct or cause to be rebuilt or reconstructed any existing communication, electric power or street lighting systems, or major parts thereof, in and through the City without first obtaining a permit from Council. The applicant for such permit shall file with the Planning Commission detailed plans and specifications in support of the request for such a permit.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01; Ord. 2018-20. Passed 8-7-18.)

   If plans and specifications submitted meet the standards of this chapter, the City Engineer shall issue a permit for installation of such underground utility facilities. If such permit is applied for after final acceptance of the initial plat, then a permit fee of one hundred fifty dollars ($150.00) for all underground utilities located under street rights-of- way shall be charged by the City. All permits issued prior to such final acceptance by the City shall be issued without charge.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01; Ord. 2018-20. Passed 8-7-18.)

   Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00). Each day a violation of any section of this chapter continues shall constitute a separate offense. In addition, such violation may be abated or enjoined by injunctive action in a court of competent jurisdiction.

(Ord. 79-52. Passed 10-16-79; Ord. 2001-37. Passed 7-10-01.)

   No plat involving any new public street or the widening or extension thereof shall be approved until:

   (a)   The applicant offers evidence satisfactory to the Chief Building Inspector that title to the land being dedicated for street purposes shall be free and clear of all encumbrances; and

   (b)   The applicant posts a bond or other security satisfactory as to form and sureties to the Chief Building Inspector that the street, public improvements and all utilities shall be constructed according to the plans and specifications submitted, the work to be done under the supervision of the City Engineer and to his satisfaction. Such bond or other security shall be in an amount equal to one hundred percent of the cost of the proposed public improvements as estimated by the City Engineer. Upon acceptance by the City of the public improvements, such bond or other security shall be reduced to ten percent of the actual cost of the public improvements as determined by the City Engineer and shall continue in existence for a period of two years following the adoption of legislation accepting the street for maintenance and shall secure the City against defects in design and/or construction of such public improvements, appurtenances and utilities.

(Ord. 80-41. Passed 9-16-80; Ord. 2001-37. Passed 7-10-01.)

    No street shall be deemed to be accepted for dedication until there is endorsed on the plat the finding of the City Engineer that such new street or extension of an existing street and all public improvements and utilities have been constructed in accordance with required specifications and that the same complies with the rules and regulations of the City relating to the dedication of streets and that bond has been posted in accordance with Section 1177.01.

(Ord. 80-41. Passed 9-16-80; Ord. 2001-37. Passed 7-10-01.)

   The bond required by this chapter, when posted in accordance with the provisions of this chapter, shall supersede the bond required by Section 1173.07.

(Ord. 80-41. Passed 9-16-80; Ord. 2001-37. Passed 7-10-01.)

   (a)   The purpose of this chapter and its regulation is to establish technically feasible and economically reasonable stormwater management standards to achieve a level of stormwater quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of the City of Willowick.

   (b)   This regulation requires owners who develop or re-develop their property within the City to:

      (1)   Control stormwater runoff from their property and ensure that all stormwater control measures (SCMs) are properly designed, constructed, and maintained.

      (2)   Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.

      (3)   Control the volume, rate, and quality of stormwater runoff originating from their property so that surface water and groundwater are protected and flooding and erosion potential are not increased.

      (4)   Minimize the need to construct, repair, and replace subsurface storm drain systems.

      (5)   Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.

      (6)   Incorporate stormwater quality and quantity controls into site planning and design at the earliest possible stage in the development process.

      (7)   Reduce the expense of remedial projects needed to address problems caused by inadequate stormwater management.

      (8)   Maximize use of SCMs that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.

      (9)   Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the City’s future expenses related to the maintenance and repair of stream crossings.

      (10)   Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.

   (c)   This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in this section.

   (d)   Public entities, including the State of Ohio, Lake County, and the City of Willowick shall comply with this regulation for roadway projects initiated after March 10, 2006 and, to the maximum extent practicable, for projects initiated before that time.

   (e)   This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.

   (f)   This regulation does not require a Comprehensive Stormwater Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the City Engineer. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1180 Erosion and Sediment Control.

(Ord. 2016-64. Passed 12-20-16.)

   For the purpose of this chapter and its regulation, the following terms shall have the meaning herein indicated:

   (a)   “Acre.” A measurement of area equaling 43,560 square feet.

   (b)   “As-built survey.” A survey shown on a plan or drawing prepared by a registered professional surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.

   (c)   “Best management practices (BMPs) and/or stormwater control measure (SCMs).” Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. For guidance, please see U.S. EPA's National Menu of BMPs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm.

   (d)   “Clean Water Act.” Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, and Pub. L. 100-4, 33 U.S.C. 1251 et seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.

   (e)   “Community.” The City of Willowick, its designated representatives, boards, or commissions.

   (f)   “Comprehensive Stormwater Management Plan.” The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.

   (g)   “Critical storm.” A storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the 1-year, 24-hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.

   (h)   “Development area.” A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

   (i)   “Development drainage area.” A combination of each hydraulically unique watershed with individual outlet points on the development area.

   (j)   “Disturbed area.” An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

   (k)   “Drainage.” The removal of excess surface water or groundwater from land by surface or subsurface drains.

   (l)   “Erosion.” The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

   (m)   “Extended detention facility.” A stormwater control measure that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the stormwater quality event over at least twenty-four to forty-eight hours, retarding flow and allowing pollutants to settle within the facility.

   (n)   “Final stabilization.” All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least eighty percent coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.

   (o)   “Grading.” The process in which the topography of the land is altered to a new slope.

   (p)   “Green infrastructure.” Wet weather management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse.

   (q)   “Hydrologic Unit Code.” A cataloging system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.

   (r)   “Impervious cover.” Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.

   (s)   “Infiltration control measure.” A stormwater control measure that does not discharge to a water resource during the stormwater quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining stormwater pollutants in the facility.

   (t)   “Larger common plan of development.” A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

   (u)   “Low impact development.” Low impact development (LID) is a site design approach, which seeks to integrate hydrologically functional design with pollution prevention measures to compensate for land development impacts on hydrology and water quality. LID's goal is to mimic natural hydrology and processes by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire stormwater. LID stormwater control measures (SCMs) are uniformly and strategically located throughout the site.

   (v)   “Maximum extent practicable.” The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet.

   (w)   “Municipal separate storm sewer system (MS4).” A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are:

      (1)   Owned or operated by the Federal government, State, municipality, township, county, district, or other public body (created by or pursuant to State or Federal law) including a special district under State law such as a sewer district, flood control district or drainage districts, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into water resources;

      (2)   Designed or used for collecting or conveying solely stormwater;

      (3)   Which is not a combined sewer; and

      (4)   Which is not a part of a publicly owned treatment works.

   (x)   “National Pollutant Discharge Elimination System (NPDES).” A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

   (y)   “Nonstructural stormwater control measure (SCM).” Any technique that uses natural processes and features to prevent or reduce the discharge of pollutants to water resources and control stormwater volume and rate.

   (z)   “Post-development.” The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

   (aa)   “Pre-construction meeting.” Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.

   (bb)   “Pre-development.” The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

   (cc)   “Professional engineer.” A professional engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.

   (dd)   “Redevelopment.” A construction project on land that has been previously developed and where the new land use will not increase the runoff coefficient used to calculate the water quality volume. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project.

   (ee)   “Riparian area.” Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, 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.

   (ff)   “Riparian and wetland setback.” The real property adjacent to a water resource on which soil disturbing activities are limited, all as defined by the City Codified Ordinances.

   (gg)   “Runoff.” The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.

   (hh)   “Sediment.” The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

   (ii)   “Sedimentation.” The deposition of sediment in water resources.

   (jj)   “Site owner/operator.” Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the Federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.

   (kk)   “Soil disturbing activity.” Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed that may result in, or contribute to, increased stormwater quantity and/or decreased stormwater quality.

   (ll)   “Stabilization.” The use of best management practices or stormwater control measures that reduce or prevent soil erosion by stormwater runoff, trench dewatering, wind, ice, gravity, or a combination thereof.

   (mm)   “Stormwater or storm water.” Defined at 40 CFR 122.26(b)(13) and means stormwater runoff, snow melt runoff and surface runoff and drainage.

   (nn)   “Stormwater control measure (SCM) and/or best management practice (BMP).” Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. For guidance, please see U.S. EPA's National Menu of BMPs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm.

   (oo)   “Structural storm water management practice or stormwater control measure (SCM).” Any constructed facility, structure, or device that prevents or reduces the discharge of pollutants to water resources and controls stormwater volume and rate.

   (pp)   “Surface water of the State also water resource.” Any stream, lake, reservoir, pond, marsh, wetland, or other waterway situated wholly or partly within the boundaries of the State, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Ohio R.C. 6111.01 are not included.

   (qq)   “Total maximum daily load (TMDL).” The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water body, or water body segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standards.

   (rr)   “Water quality volume (WQv).” The volume of stormwater runoff which must be captured and treated prior to discharge from the developed site after construction is complete. WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur.

   (ss)   “Water resource also surface water of the State.” Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the State, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Ohio R.C. 6111.01 are not included.

   (tt)   “Water resource crossing.” Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.

   (uu)   “Watershed.” The total drainage area contributing stormwater runoff to a single point.

   (vv)   “Wetland.” Those areas 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 (40 CFR 232, as amended).

(Ord. 2016-64. Passed 12-20-16.)

   (a)   Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or any particular parcel of property.

   (b)   By approving a Comprehensive Stormwater Management Plan under this regulation, the City does not accept responsibility for the design, installation, and operation and maintenance of SCMs.

(Ord. 2016-64. Passed 12-20-16.)

   (a)   Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City Engineer, shall prevail.

   (b)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

   (c)   This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

   (d)   Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 2016-64. Passed 12-20-16.)

   (a)   This regulation requires that a Comprehensive Stormwater Management Plan be developed and implemented for all soil disturbing activities disturbing one or more acres of total land, or less than one acre if part of a larger common plan of development or sale disturbing one or more acres of total land, and on which any regulated activity of Section 1179.01(c) is proposed. The City Engineer may require a comprehensive stormwater management plan on sites disturbing less than one acre.

   (b)   The City shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The City may consult with the Lake County Soil and Water Conservation District, State agencies, private engineers, stormwater districts, or other technical experts in reviewing the Comprehensive Stormwater Management Plan.

(Ord. 2016-64. Passed 12-20-16.)

(Ord. 2016-64. Passed 12-20-16.)

   Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other Federal, State, and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the City will issue a building or zoning permit.

   (b)   Section 401 of the Clean Water Act. Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

      (1)   A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.

      (2)   A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

(Ord. 2016-64. Passed 12-20-16.)

   (a)   Comprehensive Stormwater Management Plan Required. The applicant shall develop a Comprehensive Stormwater Management Plan describing how the quantity and quality of stormwater will be managed after construction is completed for every discharge from the site and/or into a water resource or small municipal separate storm sewer system (MS4). The Plan will illustrate the type, location, and dimensions of every structural and non-structural SCM incorporated into the site design, and the rationale for their selection. The rationale must address how these SCMs will address flooding within the site as well as flooding that may be caused by the development upstream and downstream of the site. The rationale will also describe how the SCMs minimize impacts to the physical, chemical, and biological characteristics of on-site and downstream water resources and, if necessary, correct current degradation of water resources that is occurring or take measures to prevent predictable degradation of water resources.

         A.   A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).

         B.   Total area of the site and the area of the site that is expected to be disturbed (e.g., grubbing, clearing, excavation, filling or grading, including off-site borrow areas).

         C.   A description of prior land uses at the site.

         D.   An estimate of the impervious area and percent imperviousness created by the soil-disturbing activity at the beginning and at the conclusion of the project.

         E.   Selection (source and justification) and/or calculations of runoff coefficients for water quality volume determination, peak discharge control (curve number/critical storm method), and rational method.

         F.   Existing data describing the soils throughout the site, including soil map units including series, complexes, and association, hydrologic soil group, porosity, infiltration characteristics, depth to groundwater, depth to bedrock, and any impermeable layers.

         G.   If available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.

         H.   The location and name of the immediate water resource(s) and the first subsequent water resource(s).

         I.   The aerial (plan view) extent and description of water resources at or near the site that will be disturbed or will receive discharges from the project.

         J.   If applicable, identify the point of discharge to a municipal separate storm sewer system and the location where that municipal separate storm sewer system ultimately discharges to a stream, lake, or wetland. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s) and the aerial extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from undisturbed areas of the project.

         K.   The TMDLs applicable for the site demonstrate that appropriate (SCMs) have been selected to address the phosphorus, nitrogen, habitat, bacteria, and TSS TMDLs.

         L.   If required by the City Planning and Zoning Commission, for each SCM, identify:

            1.   a designated individual identification number,

            2.   drainage area,

            3.   percent impervious cover within the drainage area,

            4.   runoff coefficient for water quality volume,

            5.   peak discharge,

            6.   time of concentration for each subwatershed per Appendix 1 of Ohio's stormwater manual, Rainwater and Land Development. Pervious and impervious areas should be treated as separate subwatersheds unless allowed at the discretion of the City Engineer,

            7.   SCM surface area,

            8.   discharge and dewatering time, and

            9.   outlet type and dimensions.

         M.   Describe the current condition of water resources including the vertical stability of stream channels and indications of channel incision that may be responsible for current or future sources of high sediment loading or loss of channel stability.

         A.   Limits of soil-disturbing activity on the site.

         B.   Soils map units for the entire site, including locations of unstable or highly erodible soils.

         C.   Existing and proposed one-foot contours. This must include a delineation of drainage watersheds expected before, during, and after major grading activities as well as the size of each drainage watershed in acres.

         D.   Water resource locations including springs, wetlands, streams, lakes, water wells, and associated setbacks on or within 200 feet of the site, including the boundaries of wetlands or streams and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.

         E.   Existing and planned locations of buildings, roads, parking facilities, and utilities.

         F.   The location of any in-stream activities including stream crossings.

         A.   The professional engineer who prepared the Comprehensive Stormwater Management Plan.

         B.   The site owner.

         A.   The location of each proposed post-construction SCMs.

         B.   The geographic coordinates of the site and each proposed practice in North American Datum Ohio State Plane North.

            It is preferred that the entire site be shown on one plan sheet to allow a complete view of the site during plan review. If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided.

         A.   Identification of the landowner(s), organization, or municipality responsible for long-term inspection and maintenance, including repairs, of the SCMs.

         B.   The landowner(s), organization, or municipality shall maintain SCMs in accordance with this regulation.

         C.   The City has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation.

         D.   The City Public Service Director shall maintain public records of the results of site inspections, shall inform the landowner(s), organization, or municipality responsible for maintenance of the inspection results, and shall specifically indicate in writing any corrective actions required to bring the SCMs into proper working condition.

         E.   If the City notifies the landowner(s), organization, or municipality responsible for maintenance of the maintenance problems that require correction, the specific corrective actions shall be taken within a reasonable time as determined by the City.

         F.   The City is authorized to enter upon the property and perform the corrective actions identified in the inspection report if the landowner(s), organization, or municipality responsible for maintenance does not make the required corrections in the specified time period. The City shall be reimbursed by the landowner(s), organization, or municipality responsible for maintenance for all expenses incurred within ten days of receipt of invoice from the City, or more with written approval from the Willowick Public Service Director.

         G.   The method of funding long-term maintenance and inspections of all SCMs.

         H.   A release of the City from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the City from the construction, presence, existence, or maintenance of the SCMs.

         A.   The location of each SCM and identification of the drainage area served by each SCM.

         B.   Photographs of each SCM, including all inlets and outlets upon completion of construction.

         C.   Schedule of inspection.

         D.   A schedule for regular maintenance for each aspect of the stormwater management system and description of routine and non-routine maintenance tasks to ensure continued performance of the system as is detailed in the approved Comprehensive Stormwater Management Plan. A maintenance inspection checklist written so the average person can understand it shall be incorporated. The maintenance plan will include a detailed drawing of each SCM and outlet structures with the parts of the outlet structure labeled. This schedule may include additional standards, as required by the City Engineer, to ensure continued performance of SCMs permitted to be located in, or within fifty feet of, water resources.

         E.   The location and documentation of all access and maintenance easements on the property.

      (12)   Alteration or termination of the Inspection and Maintenance Agreement or the Inspection and Maintenance Plan is prohibited.

      (16)   For each SCM to be employed on the development area, include the following:

         A.   Location and size, including detail drawings, maintenance requirements during and after construction, and design calculations, all where applicable.

         B.   Final site conditions including stormwater inlets and permanent nonstructural and structural SCMs. Details of SCMs shall be drawn to scale and shall show volumes and sizes of contributing drainage areas.

         C.   Any other structural and/or non-structural SCMs necessary to meet the design criteria in this regulation and any supplemental information requested by the City Engineer.

         D.   Each SCM shall be designated with an individual identification number.

(Ord. 2016-64. Passed 12-20-16.)

         A.   Not disturb riparian areas, unless the disturbance is intended to support a watercourse restoration project.

         B.   Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable.

         C.   Only install new impervious surfaces and compact soils where necessary to support the future land use.

         D.   Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing stormwater peak flows to less than predevelopment levels.

      (4)   Stormwater facilities in water resources. SCMs and related activities shall not be constructed in water resources unless the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable Federal, State, and local agencies as required in Section 1179.07 of this regulation, and the activity is in compliance with Chapter 1180 Erosion and Sediment Control requirements, all as determined by the City Engineer.

         A.   Concentrated stormwater runoff from SCMs to wetlands shall be converted to diffuse flow before the runoff enters the wetlands in order to protect the natural hydrology, hydroperiod, and wetland flora. The flow shall be released such that no erosion occurs down slope. Practices such as level spreaders, vegetative buffers, infiltration basins, conservation of forest covers, and the preservation of intermittent streams, depressions, and drainage corridors may be used to maintain the wetland hydrology.

         B.   If the applicant proposes to discharge to natural wetlands, a hydrological analysis shall be performed to demonstrate that the proposed discharge matches the pre-development hydroperiods and hydrodynamics that support the wetland.

      (3)   Sheet flow. The site shall be graded in a manner that maintains sheet flow over as large an area as possible. The maximum area of sheet flow shall be determined based on the slope, the uniformity of site grading, and the use of easements or other legally-binding mechanisms that prohibit re-grading and/or the placement of structures within sheet flow areas. In no case shall the sheet flow length be longer than 300 feet, nor shall a sheet flow area exceed 1.5 acres. Flow shall be directed into an open channel, storm sewer, or other SCMs from areas too long and/or too large to maintain sheet flow, all as determined by the City Engineer.

         A.   Storm sewers shall be designed such that they do not surcharge from runoff caused by the 5-year, 24-hour storm, and that the hydraulic grade line of the storm sewer stays below the gutter flow line of the overlying roadway, or below the top of drainage structures outside the roadway during a 10-year, 24-hour storm. The system shall be designed to meet these requirements when conveying the flows from the contributing drainage area within the proposed development and existing flows from offsite areas that are upstream from the development.

         B.   The minimum inside diameter of pipe to be used in public storm sewer systems is twelve inches. Smaller pipe sizes may be used subject to the approval of the City Engineer.

         C.   All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency. The hydraulic grade line for the storm sewer system shall be computed with consideration for the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.

         D.   The inverts of all curb inlets, manholes, yard inlets, and other structures shall be formed and channelized to minimize the incidence of quiescent standing water where mosquitoes may breed.

         E.   Headwalls shall be required at all storm sewer inlets or outlets to and from open channels or lakes if required by the City Engineer.

         A.   Water resource crossings other than bridges shall be designed to convey the stream's flow for the minimum 25-year, 24-hour storm.

         B.   Bridges, open bottom arch or spans are the preferred crossing technique and shall be considered in the planning phase of the development. Bridges and open spans should be considered for all State Scenic Rivers, cold water habitat, exceptional warm water habitat, seasonal salmonid habitat streams, and Class III headwater streams. The footers or piers for these bridges and open spans shall not be constructed below the ordinary high water mark.

         C.   If a culvert or other closed bottom crossing is used, twenty-five percent of the cross-sectional area or a minimum of one foot of box culverts and pipe arches must be embedded below the channel bed. The conduit or conveyance must to be sized to carry the 25-year storm under these conditions.

         D.   The minimum inside diameter of pipes to be used for crossings shall be twelve inches.

         E.   The maximum slope allowable shall be a slope that produces a 10-fps velocity within the culvert barrel under design flow conditions. Erosion protection and/or energy dissipaters shall be required to properly control entrance and outlet velocities.

         F.   All culvert installations shall be designed with consideration for the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency.

         G.   Headwalls shall be required at all culvert inlets or outlets to and from open channels or lakes.

         H.   Streams with a drainage area of five square miles or larger shall incorporate floodplain culverts at the bank full elevation to restrict head loss differences across the crossing so as to cause no rise in the 100-year storm event.

         I.   Bridges shall be designed such that the hydraulic profile through a bridge shall be below the bottom chord of the bridge for either the 100-year, 24-hour storm, or the 100-year flood elevation as determined by FEMA, whichever is more restrictive.

      (8)   Compensatory flood storage mitigation. In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations, any filling within floodplains approved by the City must be compensated by providing an equivalent storage volume. First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Consideration will also be given to enlarging existing or proposed retention basins to compensate for floodplain fill if justified by a hydraulic analysis of the contributing watershed. Unless otherwise permitted by the City, reductions in volume due to floodplain fills must be mitigated within the legal boundaries of the development. Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited.

         A.   Extended detention facilities that detain stormwater; settle or filter particulate pollutants; and release the controlled stormwater to a water resource.

         B.   Infiltration facilities that retain stormwater; promote settling, filtering, and biodegradation of pollutants; and infiltrate captured stormwater into the ground. The City Engineer may require a soil engineering report to be prepared for the site to demonstrate that any proposed infiltration facilities meet these performance standards.

         C.   For sites less than five acres, but required to create a comprehensive stormwater management plan, the City Engineer may approve other SCMs if the applicant demonstrates to the City Engineer's satisfaction that these SCMs meet the objectives of this regulation as stated in subsection (c)(6) hereof.

         D.   For sites greater than five acres, or less than five acres but part of a larger common plan of development or sale which will disturb five or more acres, the City Engineer may approve other SCMs if the applicant demonstrates to the City Engineer's satisfaction that these SCMs meet the objectives of this regulation as stated in subsection (c)(6) hereof, and has prior written approval from the Ohio EPA.

         E.   For the construction of new roads and roadway improvement projects by public entities (i.e. the State, counties, townships, cities, or villages), the City Engineer may approve SCMs not included in Table 2 of this regulation, but must show compliance with the current version of the Ohio Department of Transportation "Location and Design Manual, Volume Two Drainage Design".

         A.   The WQv shall be equal to the volume of runoff from a 0.75 inch rainfall event and shall be determined according to one of the following methods:

            1.   Through a site hydrologic study approved by the City Engineer that uses continuous hydrologic simulation; site-specific hydrologic parameters, including impervious area, soil infiltration characteristics, slope, and surface routing characteristics; proposed SCMs controlling the amount and/or timing of runoff from the site; and local long-term hourly records, or

            2.   Using the following equation:

                  WQv = C*P*A/12

               where terms have the following meanings:

                  WQv   =   water quality volume in acre-feet

                  C       =   runoff coefficient appropriate for storms less than one inch

                  P      =   0.75 inch precipitation depth

                  A      =   area draining into the stormwater practice, in acres

               Runoff coefficients required by the Ohio Environmental Protection Agency (Ohio EPA) for use in determining the WQv can be determined using the list in Table 1 or using the following equation to calculate the runoff coefficient.

                  C=0.858i3– 0.78i2 + 0.774i+0.04, where:

                  i = fraction of the drainage area that is impervious

 

         B.   An additional volume equal to twenty percent of the WQv shall be incorporated into the stormwater practice for sediment storage. This volume shall be incorporated into the sections of stormwater practices where pollutants will accumulate.

         C.   Each individual SCM must be sized to treat the WQv associated with its entire contributing drainage area. Exceptions to this may be granted by the City Engineer and/or the OEPA on a case-by-case basis.

         D.   Stormwater quality management practices shall be designed such that the drain time is long enough to provide treatment and protect against downstream bank erosion, but short enough to provide storage available for successive rainfall events as defined in Table 2.

         E.   Sites within watersheds of coldwater habitat streams shall include SCMs to infiltrate the water quality volume or reduce the temperature of discharged runoff. SCMs that reduce the temperature of discharged runoff include bioretention, permeable pavement, underground detention, ductile iron discharge pipes, and incorporation of shading and infiltration in parking lot design.