Zoneomics Logo
search icon

Woodmere City Zoning Code

TITLE ONE

Administration

1101.01 DEFINITIONS.

   (a)    The following words and phrases shall have the following meanings.
      (1)    "Accessory" means a use or building customarily incident to and located on the same lot with another use or building.
      (2)    "Apartment house" means a building that is arranged or designed to be occupied by three or more families living independently of each other as separate housekeeping units, or by three or more individuals living independently but having a common heating system, and not less than four rooms and bath for each family.
      (3)    "Attic" means that space in a dwelling immediately below the roof and above the part designed for habitation.
      (4)    "Basement" means that space in a dwelling immediately below the space designed for principal habitation and below, or partly below, the surface of the ground.
      (5)    "Building line" or "Setback line" means a line on or back of the street line between which and the street line no building or portion thereof, except as provided herein, may be erected above the established grade.
      (6)    "Duplex house" means a house designed for two families with the front or main entrance for each family facing on intersecting streets and occupying the lot at the intersection thereof. It shall consist of a basement of not less than 800 square feet of floor area, and not less than 1200 square feet of floor area on one floor for each family, and not less than three rooms and a bathroom for each family.
      (7)    "Established grade" means the elevation of the street curb as fixed by Municipal regulation.
      (8)    "Family" means any number of individuals living, sleeping and eating together on the premises as a single housekeeping unit.
      (9)    "Farm" means a single plot of land of five acres or more.
      (10)    "Front yard" means a yard across the full width of the lot, and extending from the building or setback line to the street line.
      (11)    "Height" means the vertical distance measured from the established grade, or the natural grade if higher than the established grade, to the highest point of the coping of the street wall for flat roofs, to the deck line for mansard roofs, and to the mean heights between the eaves and ridge for gable, gambrel or hip roofs.
      (12)    "Lot" means a parcel of land occupied by one main building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by the Zoning Ordinance and such open spaces as are arranged and designed to be used in connection with the main building.
      (13)    "Main building" means the building or space occupied by the chief use or activity of the premises.
      (14)    "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building.
      (15)    "Nonconforming use" means any use of land or of a building that does not comply with the regulations of the Zoning Ordinance or with the provisions of any other ordinance relating to land and/or building usage passed subsequent to May 28, 1956.
      (16)    "Notice" means a written announcement delivered to the person addressed or left at his usual residence, including delivery by registered mail, within a reasonable time, not less than five days, before the event or action to which it refers will take place.
      (17)    "Public notice" means a notice given by publication, at least once, in a newspaper of general circulation in the Municipality, not less than thirty days before the event or action to which it refers will take place.
      (18)    "Rear yard" means a yard across the full width of the lot immediately in the rear of the main building.
(1973 Code Sec. 151.07)
      (18A)    "Restaurants", "drive-in restaurants", "carry-out food service" and "food court" shall be defined as follows:
         A.    "Drive-in restaurant" means an eating establishment where the function is the service of food prepared for consumption on or off the premises, with drive-in or drive-through facilities and/or seating facilities, and without table service by waiters or waitresses. The existence and use of a drive-in window shall require classification as a drive-in restaurant. The lack of waiter or waitress service, the use of prepackaged individual servings of foods, the use of throw-away table services (dishes, cups, forks, knives, spoons), the percentage of table space compared with food preparation area and the manner of food disbursement shall all be considered in determining whether or not a proposed operation is a drive-in restaurant under this Planning and Zoning Code.
         B.    "Restaurant" means an eating establishment located within a wholly-enclosed building where food, dessert or beverage is prepared and served by a waiter or waitress at tables or counters for consumption within the establishment, any provision for take- out or carry-out service of food being incidental.
         C.    "Carry-out food service" means an establishment located within a wholly-enclosed building or shopping mall and not within a free standing building where delicatessen, desserts, bakery, candy and other food products are available for take-out or carry-out for consumption on or off the premises. No carry-out food service establishment shall have a drive-in window.
         D.    "Food court" means a group of carry-out food service establishments located within an enclosed shopping mall area limited to no more than ten percent (10%) of the ground floor area of such mall with seating for consumption of carry-out foods located within the mall area which seating shall also be limited to no more than ten percent (10%) of the ground floor area of such mall.
         E.    "Drive-thru" means a building or structure the main purpose of which is the sale of food, dairy products, beverages in containers or retail products where business or service is directly to an automobile and/or the occupant of an automobile while in the automobile, or where an automobile discharges passengers for quick service where there is little or no separation of pedestrians and automobile traffic.
            (Ord. 1991-31. Passed 6-13-91.)
      (19)    "Side yard" means a yard along the side line of the lot, and extending from the front yard or lot line to the rear yard or lot line.
      (20)    "Single-family dwelling" means a dwelling entirely detached and independent of any other structure and arranged, intended or designed for occupancy by a single family. It shall consist of a basement of not less than 400 square feet of floor area or an approved utility room of not less than 120 square feet of floor area; shall have a total floor area, exclusive of utility room, attic, and basement, of not less than 1,250 square feet with not less than 720 square feet upon the first or ground floor; and shall have not less than four habitable rooms and bath. The ceiling of the first or ground floor shall be not less than seven feet six inches high, and not less than fifty percent (50%) of the ceiling of the second floor shall be not less than seven feet high. The roof lines shall have not less than a thirty degree pitch.
      (21)    "Street line" means the dividing line between the street and the lot or land adjacent.
      (22)    "Two-family dwelling" means a detached dwelling arranged, intended, or designed to be occupied by two families. It shall consist of a basement of not less than 800 square feet of floor area, not less than 1,200 square feet of floor area on each floor, and not less than four rooms and a bathroom for each family.
      (23)    "Utility room" means that space in a dwelling in the part designed for principal habitation but used for housing the heating, washing and similar household equipment.
      (24)    "Yard" means an existing or required space on the same lot with the main building and lying along the adjacent lot line. It shall be open and unobstructed from the ground to the sky except as otherwise provided.
      (25)    "Zone map" means the map of the Municipality herein adopted and made a part of the Zoning Ordinance by reference as though fully set out, and all additions, corrections, changes, or substitutions hereafter made, as contained in the schedule of map changes.
      (26)    "Zoning Commission" means the Planning and Zoning Commission of the Municipality, and all officers, boards or commissions succeeding by law or ordinance to any of its powers or duties.
         (1973 Code Section 151.07.)

1105.01 REVIEW OF ALL PLANS.

   (a)   Any plans, requests, [etc.], presented to the Planning and Zoning Commission shall be presented to the Building Inspector/Building Department no less than two full weeks before any meeting of the Commission.
(Ord. 2010-16. Passed 3-17-10.)
   (b)   Any plans, requests, etc., presented after such period will be considered at the next regular meeting of the Commission.
   (c)   All submittals under this section shall be in accordance with forms provided by the Municipality.
(1973 Code Section 151.01.)

1105.02 REQUESTS FOR SPECIAL MEETINGS; FEE.

   (a)   Any person or company desiring to be heard by the Planning and Zoning Commission may, upon fourteen days’ notice given in writing to the Chairman of the Commission, have the Commission called into special session.
(Ord. 2002-101. Passed 8-7-02.)
   (b)    All persons, corporations, firms or entities having business of such urgency as to require a special meeting or public hearing of the Planning and Zoning Commission of the Village shall be required to advance to the Village the costs, including the costs of advertising, the compensation of the members and clerical expenses, for such special meeting and public hearing, which shall be a non-refundable one thousand dollars ($1,000.00) with the additional rate of twenty-five dollars ($25.00) per hour per member and secretary after the first hour, plus additional costs billed in accordance with subsection (c).
(Ord. 2014-45. Passed 6-11-14.)
   (c)   In the event that the services of the Regional Planning Commission or consultants to the Village including appointed officials of the Village are required, in connection with the requested special meeting or public hearing, the person or company shall reimburse the Village of Woodmere for all expenses and fees incurred therein within thirty (30) days of receipt of an itemized statement for services to be provided by the Village Treasurer.
(Ord. 2002-101. Passed 8-7-02.)

1105.03 POWERS AND DUTIES.

   The Planning and Zoning Commission shall possess the following powers in addition to any other powers allowed by law:
   (a)   To hear and determine all appeals from the refusal of the Building Inspector to issue building permits;
   (b)   To hear and determine all appeals from any decision or action of the Building Inspector in the administration or enforcement of the Zoning Ordinance;
   (c)   In individual cases, after public notice and hearing, and subject to such conditions and safeguards as it may establish, permit exceptions to and variations from the district regulations established by the Zoning Ordinance as follows:
      (1)   Permit the substitution or extension of a nonconforming use or building upon the lot occupied by the use or building at the time of passage of this chapter.
      (2)   Grant in undeveloped portions of the Municipality temporary and conditional permits, revocable at any time, and in no case for more than two year periods, for structures and uses that do not conform to the regulations herein prescribed.
      (3)   Permit such codification of the yard, lot area, building and setback line, building height, off-street parking, driveway and loading space regulations as may be necessary to secure an appropriate improvement of a lot or parcel of such a shape as not to be subject to being appropriately improved without such modification, provided such lot or parcel was separately owned at the time of the passage of this subsection.
         (Ord. 1988-22. Passed 5-18-88.)
   (d)   (1)   The Commission may in specific cases, after public notice and hearing and subject to such conditions and safeguards as the Commission may establish, determine and vary the application of the regulations herein established, to permit the establishment of any use not otherwise permitted under the regulations contained herein when, in the opinion of the Commission, such use will not be detrimental to the general welfare, health, or safety of the Municipality or the immediate neighborhood, or injure the appropriate use of neighboring property, and when such use will substantially serve the public convenience and welfare. Such permission shall be confirmed by a resolution of Council before becoming effective.
      (2)   A copy of every application for a variance filed with the Planning and Zoning Commission shall also be filed with Council. The Commission shall have a reasonable time to approve or disapprove such application. Such approval or disapproval together with the reasons therefore, shall be entered on the minutes of the Commission. The Chairman of the Commission shall inform Council in writing of the decision of the Commission at the next meeting of Council following such decision and include the reasons therefor.
         (Ord. 81-39. Passed 3-24-82.)

1105.04 MEETINGS.

   The Planning and Zoning Commission shall hold regular meetings, at least once a month, and such special meetings as may be called according to its rules. All meetings of the Commission shall be public and the minutes of all meetings shall be kept showing the attendance of members and the vote or failure to vote of each member on each subject. No action shall be taken or decision made by the Commission except by the vote of at least three of its members.
(1973 Code Section 151.23.)

1105.05 RULES AND REGULATIONS.

   The Planning and Zoning Commission shall adopt from time to time such rules as it may deem necessary to carry into effect the provisions of the Zoning Ordinance, or to exercise the powers and duties of the Commission.
(1973 Code Section 151.23.)

1109.01 INSPECTIONS BY BUILDING INSPECTOR.

   (a)    The Building Inspector shall cause examination to be made of every application for a building permit, and shall issue no permit for any building or structure to be built, altered or repaired in violation of the Zoning Ordinance. No building or structure shall be built, altered or repaired, except after the issuance of the permit, and in conformity with the permit and the plans, statements, and other documents required to be submitted or approved in securing the permit. Any permit issued in violation hereof shall be void.
   (b)    The Inspector shall cause inspection to be made of all buildings and structures in the process of construction, and such other buildings, structures and premises as he may find to be inspected in the enforcement of the Zoning Ordinance.
   (c)    When any construction, alteration or repair of any building or structure is being done in violation of the Zoning Ordinance, it shall be unlawful to proceed further upon the work, and the work shall be suspended forthwith.
   (d)    When any building, structure or premises is being used or occupied in violation of the Zoning Ordinance, it shall be unlawful to continue such use or occupancy and the use and occupancy shall be suspended forthwith.
   (e)    The Inspector shall notify the owner, or his or their agent, of the unlawful work, use, or occupancy, and cause a written or printed notice of the suspension thereof to be posted conspicuously and as near as practicable to the scene of the unlawful work, use or occupancy. No person shall remove, deface, cover, or conceal the notice or do any further work on such building, structure, or continue the use or occupancy of such building, structure or premises, until such notice shall have been rescinded by the Inspector of the Planning and Zoning Commission. However, the Inspector may direct such covering or protection to be made as the public safety may require, and the person or persons performing the suspended work, use or occupancy shall immediately make such covering and protection as directed.
(1973 Code Section 151.21.)

1109.02 APPLICATION FOR PERMIT.

   In each case where an application for a permit to build has been made, the applicant shall immediately cause a notice to be posted on the premises to be built upon, stating that a permit has been applied for and that plans and specifications are on file and may be inspected at the Municipal Hall. No permit shall be issued unless and until the notice shall have been conspicuously posted on the premises to be built upon for five consecutive days after the filing of the application for permit and no constructing of any kind for which a permit has been requested shall be commenced until the permit has been issued therefor.

1109.99 PENALTY.

   The owner or owners of any building or premises, or part thereof, where anything in violation of the Planning and Zoning Code is placed or exists; any architect, builder, or contractor who may be employed to assist in the commission of any such violation; and any and all persons, partnerships, or corporations who violate or fail to comply with any of the provisions or with any requirement of the Planning and Zoning Code or who builds in violation of any detailed statement of plans submitted and approved thereunder, shall for each and every violation or noncompliance be fined not less than one hundred fifty dollars ($150.00) and not more than five hundred dollars ($500.00) . Each day during which the violation continues shall constitute a separate offense.
(1973 Code, Sec. 150.99; Ord. 1976-37. Passed 7-21-76.)

1113.01 PROCEDURE.

   (a)    Council may, on its own motion or on petition, after public notice, filing of documents, and hearing required by law, amend this Zoning Ordinance in any respect. No amendment shall be passed unless it shall have first been submitted to the Planning and Zoning Commission for its consideration, and the Commission has been allowed a reasonable time, not less than thirty days, for report. However, any amending ordinance submitted to Council by the Commission may be passed without further references to the Commission.
   (b)    Whenever the owners of more than fifty percent (50%) of the land in any area present to Council a petition, duly signed and acknowledged, requesting any amendment, supplement or change in the regulations or zoning prescribed for the area, it shall be the duty of the Council to vote upon the petition within ninety days of its presentation.
   (c)    The changes of the zoning or districting of any area by any amendment hereafter passed shall not change the regulations of this Zoning Ordinance with respect to buildings, structures, or the use of premises existing at the time of the passage of such amendment.
(1973 Code Section 151.24.)