Woodmere City Zoning Code
TITLE THREE
District Regulations
1141.01 PURPOSE OF DISTRICTS.
(a) Council finds that the Planning and Zoning Commission has adopted and certified to Council a plan for dividing the Municipality into zones or districts, representing the recommendations of the Commission in the interest of the public health, safety, convenience, comfort, prosperity and general welfare, for the limitations and regulation of lot occupancy, setback building lines and the area and dimensions of yards, courts, and open spaces, and the uses of buildings and other structures and of premises in such zones or districts.
(b) Council further finds that the public health, safety, convenience, comfort, prosperity and general welfare will be promoted by the regulations and restrictions hereinafter enacted, and the division of the Municipality into districts or zones hereinafter created, which districts or zones, restrictions and regulations are deemed best suited to carry out the purposes for which they are authorized by law to be created, and are consistent with and as provided by the plan and recommendation of the Commission.
1141.02 ZONING MAP.
For the purpose of regulating the location of business and residential houses and other uses of property, the Municipality is divided into four classes of use districts: Class U-1 or Single-Family Residence District; Class U-2 or Apartment House Use District; Class U-3 or General Business District and Class U-4 or General Office Building District. The Zoning Map, which is on file in the Clerk's office, is incorporated into this chapter as though fully set out herein.
(1973 Code Section 151.06; Ord. 1981-39. Passed 3-24-82.)
(1973 Code Section 151.06; Ord. 1981-39. Passed 3-24-82.)
1141.03 MEDICAL MARIJUANA OPERATIONS.
(a) The cultivation and/or processing of medical marijuana shall be a prohibited use in all zoning districts within the Village.
(b) The retail dispensing of medical marijuana shall be a prohibited use in:
(1) Class U-1 or Single-Family Residence District; and
(2) Class U-2 or Apartment House Use District; and
(3) All other zoning districts not expressly set forth in subsection (c) of this Section.
(c) The retail dispensing of medical marijuana shall be a permitted use in:
(1) Class U-3 or General Business District; or
(3) Community Office Business Overlay District, except as a conditional use in areas zoned U-2 Apartment House District.
(Ord. 2021-42. Passed 8-4-21.)
1145.01 ACCESSORY USES.
Accessory uses customarily incident to single-family residence uses shall be permitted upon the same lot or parcel with the building to which it is accessory except that:
(a) In a Class U-1 District a private garage shall not provide storage for more than three (3) motor vehicles.
(b) A customary home occupation may be carried on by any person within the principal dwelling of his private residence, provided that no person other than members of his own household are employed in the operation and that no window display or signboard is used to advertise the occupation.
(c) The accessory use must be incidental to the use of the single-family residence and the building cannot be rented, leased or sold.
(d) No permit shall be required for the erection of the following temporary signs in any Zoning District.
Political signs, not exceeding six square feet (6) per lot and erected or posted not more than thirty (30) days before and not more than three (3) days after an election. Political signs shall not be placed on the property of another without the owner’s consent, nor shall they be placed on any public property, on utility poles or on bridges or abutments.
(Ord. 2003-10. Passed 5-19-03.)
1145.02 PRIVATE GARAGES.
A private garage located on the same lot as the main building, provided that the area of an attached or detached garage does not exceed eight hundred sixty-four square feet (864) is a permitted accessory use. A private garage shall provide storage for not more than three (3) motor vehicles, except that Council, under the authority of Section 1139.02 may grant a variance. A detached private garage not less than twenty feet (20') from the main building and twenty feet (20') from each side and rear property line, and shall not exceed a height of eighteen feet (18') above grade.
(Ord. 2003-10. Passed 5-19-03.)
1145.03 ACCESSORY BUILDINGS OTHER THAN PRIVATE GARAGES.
In a U-1 District, accessory buildings may be permitted in the year of a residential lot in accordance with the following requirements.
(a) Maximum Building Area. The total area of the accessory buildings shall not exceed two hundred square feet (200) or one percent (1%) of the lot area, whichever is greater.
(b) Accessory buildings permitted shall be a maximum of two hundred square feet (200) in area with a maximum of two (2) accessory buildings per single-family residence, one (1) of which may be a detached garage.
(c) An accessory building shall be set back not less than fifteen feet (15') from any side or rear property line. On a corner lot, such building shall be set back at least twenty feet (20') behind the single-family residence.
(d) The height of an accessory building shall not exceed fifteen feet (15') and shall be architecturally compatible with such structure.
(Ord. 2003-10. Passed 5-19-03.)
1145.04 PERMITTED USES.
(a) In a U-1 Single-Family District, no dwelling, building, or premises shall be used and no dwelling or building erected which is arranged, intended or designed to be used except for the following purposes, and as regulated by this Zoning Code.
(1) Residential. Single-family detached dwelling.
(2) Public. Buildings, structures, and grounds owned or operated by the Village or other governmental units, utilities, or local school district.
(Ord. 2003-10. Passed 5-19-03.)
1149.01 USE LIMITED TO MULTI-FAMILY DWELLINGS.
In a class U-2 Apartment House District, no dwelling or premises shall be used and no dwelling erected which is arranged, intended or designed to be used for any purpose other than a multi-family dwelling.
(1973 Code Section 151.10)
1149.02 DEFINITIONS.
For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
(a) "Apartment building" means a multi-family dwelling comprised of three or more dwelling units arranged side by side and/or one above the other, and each unit having a separate entrance or entrances connected to a common outside entrance or entrances.
(b) "Main wall" means any interior wall containing the principal windows of a living, dining or sleeping room or rooms, and/or other windows.
(c) "Secondary wall" means an exterior wall, other than a main wall, containing minor windows of a dining or sleeping room, or principal or minor windows of a kitchen or bathroom, or a blank surface.
(d) "Wall unit" means each vertical plane of a building shall be considered a separate wall in applying those yard regulations.
(e) "Overlapping walls" means those portions of the exterior wall or walls which are directly opposite when two buildings, parallel, or within thirty degrees of parallel, face each other across an open yard or space.
(f) "Single development" means one multi-family building located on a zoning lot which abuts a public street.
(g) "Group development" means one multi-family building located on a zoning lot which may or may not be developed in the usual street and lot pattern.
(1973 Code Section 151.10.)
1149.03 GENERAL REQUIREMENTS.
(a) Minimum lot area per each suite or dwelling shall be as follows:
Bedroom(s) Sq. ft. 1 2000 2 2400 3 2500 |
(b) Minimum width of a lot at building line, 100 ft.
(c) Maximum height, three stories.
(d) Minimum roof pitch, four feet by twelve feet.
(e) Development plans showing location of buildings, yards, driveways, walks, and other site improvements for the entire unit development shall be submitted to the Planning and Zoning Commission, and, until approved by it, a building permit shall not be issued.
(1973 Code Section 151.10.)
1149.04 YARD REQUIREMENTS.
(a) Intent. The yards of multi-family buildings shall be related to the plan of the building units within the building as well as to the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, from streets, parking spaces, and recreation areas. In order to encourage more attractive arrangements of buildings and greater utilization of yards and the above objectives, regulations are established as described below.
(b) Schedule of Yard Dimensions. All multi-family buildings shall be designed, erected, altered, moved and maintained in accordance with the following schedule of yard regulations; except front yard setbacks shall be thirty-five feet from the edge of pavement on streets that are not dedicated. On all existing streets the setback shall be a minimum of sixty feet from the side line of the road.
Building and Lot Relationship | Number of Minimum Stories | Dimension of Yards in Feet |
Main wall facing another main wall across an open yard (where walls overlap less than fifty feet) | 1 | 40 |
2 | 45 | |
Main wall facing a secondary wall across an open yard (where walls overlap less than fifty feet) | 1 | 34 |
2 | 38 | |
Secondary wall facing a secondary wall across an open yard (where walls overlap less than fifty feet) | 1 | 25 |
2 | 28 | |
Main wall facing a side or rear lot line (where wall is less than fifty feet in length) | 1 | 20 |
2 | 22.5 | |
Secondary wall facing a side or rear lot line (where wall is less than fifty feet in length) | 1 | 12.5 |
2 | 14
| |
(c) Use and Design of Yards.
(1) The required yards, as set forth above, may be used for pedestrian walks, recreation areas, parking areas or driveways; however, accessory building or uses shall conform to the following schedule. Yards not occupied by any of the above accessory building and uses shall be fully developed with lawns and other landscape features.
Minimum Distance from Main Building in Feet | From side or rear lot line of: | |||
Accessory Building or Use | Main Wall | Secondary Wall | One Family District | Apartment District |
Garage |
30 |
15 |
15 |
10 |
Driveway or Parking Area Walk |
30 |
10 |
10 |
3 |
Play Area |
30 |
20 |
20 |
5 |
(2) One garage shall be provided for each dwelling unit. Also one car parking area shall be provided for each dwelling unit.
(3) A parking area may be located in a front yard provided the lot is shielded by landscape, but shall be not less than twenty-five feet from the front property line. Off-street parking facilities shall be provided not more than 150 feet from the building used by each occupant. A drive may be located not less than ten feet from a building in the vicinity of an entrance to the building.
(b) Approval of Development Plans.
(1) Development plans drawn to scale showing location of buildings, yards, driveways, walks, parking and recreation areas, and other site improvements for a multi-family group development shall be submitted and approved by the Planning and Zoning Commission. The drawings shall also show the surrounding streets and the nearest buildings on adjoining lots.
(2) The Planning and Zoning Commission may modify certain of the requirements if it finds that amenities such as privacy, light and openness are improved because of skillful design in the arrangements of buildings, landscaping or other site features. On the other hand, the Planning and Zoning Commission may require wider yards where an adjoining building is near a lot line, and such features as fences and planting to protect adjoining one or two-family residential developments. The Commission shall not decrease the yard requirements in order to allow the maximum number of units permitted.
(1973 Code Section 151.10.)
1149.05 DWELLING UNIT AREA REQUIREMENTS.
(a) In order to provide healthful living conditions and to preserve the character of the neighborhood, a dwelling shall be erected, altered, moved, maintained, or used only in accordance with the following dwelling regulations:
(1) The area of a dwelling unit shall be the sum of the gross floor areas above the basement level, including those rooms and closets having a minimum ceiling height of seven feet and having the natural light and ventilation as required by the Building Code. Rooms above the first floor may be included if directly connected by permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet if two-thirds of the room area has a minimum ceiling height of seven feet. The area shall be measured from the interior face of the exterior walls at the first floor line and the interior face of the walls of those rooms which may be included under a pitched roof for a one-family dwelling, and measured from the interior face of exterior walls and center line of party walls, where applicable, for two-family or multi- family dwellings. The following areas shall be excluded: garages and porches for all dwellings; utility and general storage rooms in basementless dwellings; and public halls, utility and storage rooms in multi-family dwellings.
(2) The minimum area of a dwelling shall be not less than indicated in the following schedule:
Dwelling Type Multi-family district (Bedroom unit) | Minimum area per Dwelling Unit (sq. ft.) |
1 | 825 |
2 | 950 |
3 | 1150 |
(b) Utility and general storage areas. In addition to the above minimum area requirements for a dwelling unit, there shall be at least sixty square feet of utility and general storage space provided for each multi-family dwelling unit in addition to the required minimum dwelling area.
(1973 Code Sec. 153.10)
(1973 Code Sec. 153.10)
1153.01 PERMITTED USES.
(a) In a U-3 General Business District, no building or premises, unless otherwise provided in this Zoning Code, shall be used or erected which is arranged, intended or designed to be used except for the following purposes, and as regulated by this Zoning Code:
(1) The sale of fruits, vegetables, dairy products, groceries, dry goods and variety merchandise;
(2) Drug store, barber shop, beauty shop;
(3) Wearing apparel store, shoe repair store, barber and beauty shop;
(4) Shop for the custom work or the making of articles to be sold at retail on premises, dressmaking, tailoring and pressing and dry cleaning shop in which only nonexplosive and nonflammable solvents are to be used;
(5) Newsstand, bookstand, stationery store, flower shop, pet shop, gift shop, hospital and pet hospital;
(6) Theater, assembly hall, bowling alley or other similar place of amusement and recreation; provided that the noise caused by such places be effectively confined to such premises;
(7) Job printing and newspaper printing;
(8) Hardware, paint, wallpaper, furniture and household appliance stores;
(9) Restaurants, taverns, delicatessens, carry-out food service establishments and food courts which receive specific authorization of the Planning and Zoning Commission and Council with the exception of prohibited uses set forth in Section 1153.02(a) herein. Prior to granting specific authorization, the Planning and Zoning Commission and Council shall first determine that the proposed use has adequate parking facilities and will not have an adverse or negative impact upon the safety and general welfare of surrounding properties and will not adversely impact upon traffic flow, parking facilities, pedestrians or the use of surrounding properties or streets.
(10) Any other retail business or service establishment determined by the Planning and Zoning Commission to be of the same general character as the above permitted uses.
(Ord. 1991-31. Passed 6-13-91.)
1153.02 PROHIBITED USES.
(a) "Drive-in restaurants" and other food service establishments determined by the Planning and Zoning Commission to have a negative impact upon the safety and welfare of surrounding properties, parking facilities, traffic and pedestrians.
(b) Production, manufacturing or preparation of goods or food for sale and distribution off the premises shall be prohibited as manufacturing.
(c) Other than incidental storage or warehousing of food or other products, the sale off the premises and the delivery of food or goods from the premises to off-site, non-retail customers shall be prohibited as warehousing or distribution services.
(Ord. 1991-31. Passed 6-13-91.)
1155.01 PURPOSE.
The Community Office Business Overlay sometimes hereinafter referred to as “COBO” is established to achieve, among others, the following purposes:
(a) To provide, in appropriate locations, areas for office development, both local and regional.
(b) To provide areas of sufficient size and locations for a combination of office use and accessory commercial and retail use.
(c) To encourage the assemblage of parcels to provide reasonable development and safe access to public streets.
(d) To encourage creative design and flexible mixed use of larger parcels of land along business corridors.
(Ord. 2008-13. Passed 4-16-08.)
1155.02 DEFINITION.
(a) Mixed-use development planned for Community Office Business Overlay should include planned integration of some combination of retail office and residential uses. It may offer hotel, recreation or other functions. It is pedestrian oriented and contains elements of a live-work-play environment. It maximizes space usage, has amenities and architectural expression and tends to mitigate traffic and sprawl.
(b) It is recognized that a Community Office Business Overlay use may be proposed as a conditional use in areas zoned U-2 Apartment House District, U-3 General Business District and U-4 General Office Building District. The uses which may conditionally be permitted in the Community Office Business District are to be limited in their scope, prohibiting those which generate high volumes of traffic at peak times. Where other requirements are not prescribed by this Chapter or by conditions of a Community Office Business Overlay use approved by the Council, the underlying zoning district uses, requirements, standards and regulations shall remain in full force and effect.
(Ord. 2008-13. Passed 4-16-08.)
1155.03 USE REGULATIONS.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved, added to or maintained in the Community Office Business Overlay only for uses set forth in this chapter and in schedules and regulations of this Zoning Code.
(a) The main buildings and uses set forth in the schedule, Section 1155.04, shall be permitted by right as the principal building or use of a zoning lot.
(b) Conditional uses are certain types of main or accessory uses so classified because of their uncommon characteristics, infrequency of occurrence, large land requirements or special features or conditions and shall not be permitted by right. Such conditional uses and buildings as identified in the schedule, Section 1155.04, shall require consideration and approval by the Planning and Zoning Commission and Council according to the special lot conditions.
(c) The accessory buildings and uses set forth in the schedule, Section 1155.04, shall be permitted as subordinate buildings or uses if they are planned and developed integrally therewith, clearly incident thereto, and located on the same zoning lot as the main building or use and conform to the requirements of Section 1155.05.
(d) A building designed and constructed as a residence cannot be occupied in whole or in part by a use permitted in this district. Existing residences shall not be permitted by right and shall be construed as nonconforming uses, but may be continued and maintained as a residence subject to all the lot area, building area and yard regulations of the Community Office Business Overlay.
(e) All buildings and uses proposed as part of a development plan shall be constructed, occupied and maintained as per the approved development plan in accordance with Chapter 1155 of this Zoning Code.
(f) In order to construct, lease, rent, sell, occupy or maintain buildings and uses utilizing the special lot conditions, the zoning lot shall be assembled and maintained in one parcel of common ownership.
(Ord. 2008-13. Passed 4-16-08.)
1155.04 SCHEDULE OF PERMITTED BUILDINGS AND USES.
The following schedule enumerates all of the permitted main (M), conditional (C) and accessory (A) buildings and uses which are permitted in the Community Office Business Overlay:
Schedule of Permitted Buildings and Uses
Community Office
Permitted Buildings and Uses Business Overlay
(a) Institutional Uses.
(1) Public park, playground or other public
recreation use M
(2) Church M
(3) Public or parochial school, and private
or public college or university M
(4) Governmental buildings C
(b) Offices.
Professional, financial, public utility, governmental, M
administrative and business offices (with no
retail sales)
(c) Other Business Uses.
(1) Training schools of a private technical or
professional nature M
(2) Banks and financial institutions M
(3) Conference center M
(4) Licensed child day care or preschool C(c)
(1) Groceries, food products, beverages A(a)
(2) Retail sales of merchandise A(a)
(3) Wearing apparel A(a)
(4) Household hardware and furnishings A(a)
(5) Furniture A(a)
(6) Sporting goods A(a)
(7) Electronic products A(a)
(8) Flowers, gifts and jewelry A(a)
(9) Serving and consumption of food and all beverages
in the premises within enclosed building A(a)
(10) Pharmacy or drugstore A
(1) Beauty and Barber Shop A
(2) Shoe repair shop A
(3) Dry cleaning A(a)
(4) Photographic studio and cameras A(a)
(5) Gymnastics and fitness center A(a)
(6) Printing and copy center A(a)
(f) Other Accessory Buildings or Uses.
(1) Off-street parking and loading facilities A
(3) One satellite receiving dish A
(4) Trash and material storage enclosed in main
building or in approved structure (g)(2) A
(g) Notes:
(1) All uses designated as A(a) are permitted only as allowed in Section 1155.05 which require minimum lot area and lot widths to permit the above uses. Such uses shall be accessory to and integrally with a permitted main building.
(2) All trash receptacles shall be located wholly within the main building or in an approved enclosure structure. An exterior trash enclosure shall be six feet in height with masonry walls on three sides with a solid gate(s) or door(s) on the fourth side. Enclosures shall be designed to be compatible and of the same material as the main building. Exterior enclosures shall be at least six feet from the main building and shall provide a setback from property lines equal to or exceeding the required minimum for: loading areas. Where adjacent to residential districts or uses, its trash enclosure shall be screened with a landscape buffer approved by the Planning and Zoning Commission.
(3) Licensed child day care and preschool facilities shall be a conditional use and shall have a minimum lot area of two acres, a minimum lot width of 200 feet and a building setback of at least 100 feet.
(Ord. 2008-13. Passed 4-16-08.)
1155.05 SPECIAL LOT CONDITIONS.
Buildings may contain certain retail and service uses as identified in the Schedule of Uses in Section 1155.03(d) and (e) if the zoning lot containing the building or use is of adequate size and width.
(a) If a lot does not contain at least three acres of land and has at least 150 feet frontage on a public street, accessory or conditional uses as listed in Section 1155.03(d) and (e) cannot occupy the parcel.
(b) The schedule below establishes the maximum amount of gross floor area of an entire building that may be allocated to the combined floor area of all such uses.
Maximum Percentage Minimum Lot Area Minimum Lot Width (%) of Retail and Service (acres) (feet) Use (GFA) Less than 2 Less than 150 0 2 150 10 4 300 20 8 400 30 12 500 40 |
(c) Accessory uses not identified as having to meet the special lot requirements are not included in calculating the maximum percentage of floor area.
(Ord. 2008-13. Passed 4-16-08.)
1155.06 SCHEDULE OF YARD REQUIREMENTS.
In the Community Office Business Overlay front, side or rear yards shall be as provided on every lot occupied by a main, conditional or accessory building or use in accordance with the following
(In Feet) Side Yard Side Yard Side Yard Adjoins a Adjoins a Abuts a Permitted Building Front Yard on Residential Nonresidential Street or Or Use Public Street District District Corner Lot Permitted main, 80 40 20 60 accessory conditional building or use Parking area 30 30 10 30 Loading area Not Permitted 40 15 60 Rear yard Rear Yard Rear Yard Adjoins a Adjoins a Abuts a Public Permitted Building Residential Nonresidential Street or or Use District District Freeway Permitted Main, Accessory 40 40 60 Conditional Building or Use Parking area 40 10 20 Loading area 40 15 60 |
(a) Setback distances shall be measured from the planned right-of-way line.
(b) Buildings on the same lot shall be attached or separated by a distance of not less than forty feet.
(c) Required yards for parking area shall be landscaped and not used for a driveway except as required for access to a public street or as permitted by the Planning and Zoning Commission. (Ord. 2008-13. Passed 4-16-08.)
1155.07 LOT AREA WIDTH REQUIREMENTS.
Every lot occupied by a permitted main building or use in a Community Office Business Overlay shall comply with the requirements for lot area and width as follows:
(a) The minimum lot width shall be 150 feet measured at the building setback line. A lot of record at the effective date of this section with a lot width under the minimum may be developed with a permitted main use if:
(1) No other adjacent land is commonly owned; and
(2) All other standards can be met.
(b) The minimum lot area shall be three (3) acres for all permitted main buildings and uses. A lot of record at the effective date of this section with a lot area under three (3) acres may be developed with a permitted main use if:
(1) No other adjacent land is commonly owned; and
(2) All other standards can be met.
(c) Any lot having a lot width of less than 150 feet of a lot area of under three (3) acres shall not be permitted any conditional use or an accessory or conditional retail or business service use as listed in Section 1155.04(d) and (e).
(Ord. 2008-13. Passed 4-16-08.)
1155.08 HEIGHT REGULATIONS.
Permitted buildings and uses in a Community Office Business Overlay shall not exceed the height regulations provided in the following schedule:
Lot Area (acres) Building Height (feet) Under 2 35 2 to 8 50 (a) over 8 75 (a) |
(a) If a zoning lot in a Community Office Business Overlay is adjacent to a residential district, the maximum building height shall be thirty-five (35') feet.
(b) Building height shall be measured along the front facade of the building facing the public street providing access.
(c) Chimneys, domes, skylights, antennas, enclosed mechanical penthouses, elevator penthouses, spires, ventilators or other decorative or necessary appurtenances may be erected above the height limit if such structures are:
(1) Not used for human occupancy;
(2) Integral and harmonious to the main building;
(3) Not exceeding ten feet in height above the roof of the building, and
(4) Screened with parapet walls, screen walls or roofs finished in a material compatible or similar to the exterior finish of the building.
(d) All buildings which have three or more stories or which exceed thirty-five (35') feet in height shall be equipped with elevators.
(Ord. 2008-13. Passed 4-16-08.)
1155.09 LOT COVERAGE.
Buildings in a Community Office Business Overlay shall not exceed the percent of building coverage as specified below:
Lot Area Number of Building Maximum Percent (acres) Stories Lot Cover Under 2 1 or 2 15 Under 2 3 - 4 10 2 - 8 1 - 2 20 2 - 8 3 or more 15 over 8 1 - 2 25 over 8 3 or more 20 |
(Ord. 2008-13. Passed 4-16-08.)
1155.10 LANDSCAPE AND BUFFER REQUIREMENTS.
(a) The Planning and Zoning Commission shall require planting and/or a fence or wall where necessary to protect residential districts adjacent to or across the street from a Community Office Business Overlay as provided in Chapter 1155. Such planting and/or fence or wall may extend into a front yard but shall not be planted or constructed within fifteen feet of the planned right of way.
(b) All yards not occupied by buildings or paving shall be landscaped or retained in a natural wooded state as approved by the Planning and Zoning Commission. Development plans shall indicate the type, height and size of all landscape materials.
(c) In a Community Office Business Overlay, not less than twenty-five percent (25%) of the entire lot area shall be landscaped.
(d) Within the parking areas not less than five percent (5%) of the area shall be permanently landscaped so as to interrupt paved areas. Such areas shall be not less than ten feet (10') in any dimension and shall be distributed throughout the parking areas so as to interrupt the paved area. This landscape requirement may be included in the total amount of landscaping required in subsection (c) hereof.
(e) All yards adjacent to public streets shall be landscaped. Rear or side yards adjacent to Chagrin Boulevard shall be landscaped and buffered as approved by the Planning and Zoning Commission to screen parking areas. (Ord. 2008-13. Passed 4-16-08.)
1155.11 DESIGN STANDARDS.
In Community Office Business Overlays the following design standards shall be applied to all developments:
(a) Sign regulations shall be as regulated in Chapter 1321 for Business Districts except that no pole signs shall be permitted.
(b) All wall or fascia signs of buildings on the same lot shall be uniform in size, design and color. Development plans for all multi-tenant buildings shall include signage design standards and criteria to regulate signage in addition to the requirements of Chapter 1321.
(c) All driveways and parking lots shall be curbed with barrier-type curbing extending six inches (6") above the parking surface.
(d) All facades of buildings shall be faced with a finished building material such as brick, stone, glass or metal panels as approved by the Planning and Zoning Commission.
(e) Developments with multiple buildings or those constructed in phases shall be similar and harmonious in design and exterior materials.
(Ord. 2008-13. Passed 4-16-08.)
1155.12 DEVELOPMENT PLANS.
Development plans are required for all developments in the Community Office Business Overlay as regulated in this chapter. (Ord. 2008-13. Passed 4-16-08.)
1155.13 SATELLITE RECEIVING DISH.
A satellite receiving dish permitted as an accessory use shall be regulated under the requirements of Section 1145.03. (Ord. 2008-13. Passed 4-16-08.)
1155.14 PARKING AND LOADING.
(a) Parking requirements for main office space shall use the following schedule:
Office Space Minimum Parking First floor office under 1 space per 200 square feet 10,000 square feet of floor area First floor office over 50 spaces plus 1 space per 250 10,000 square feet square feet of floor area All other offices above and 1 space per 250 square feet below first floor |
(b) Parking requirements for accessory or conditional retail stores or services as permitted:
First floor under 4,000 square 1 space per 150 square feet of feet gross floor area First floor over 4,000 square 1 space per 200 square feet of feet gross floor area All other retail or services 1 space per 250 square feet of above and below the first floor gross floor area All eating and drinking 1 space per 50 square feet of establishments customer service or 1 space for each 2 seats whichever is greater |
(c) Underground parking is deemed a desirable alternative, but must be specifically approved by the Planning and Zoning Commission and the Council.
(Ord. 2008-13. Passed 4-16-08.)
1155.15 MODIFICATIONS.
The Planning Commission and Council may approve modifications to the standards of this district under the procedures and requirements of Chapter 1105.
(Ord. 2008-13. Passed 4-16-08.)
1155.16 CONDITIONALLY PERMISSIBLE USES.
The Planning Commission may issue Conditional Zoning Certificates for uses not listed herein, subject to Chapter 1105 and other applicable provisions of the Woodmere Planning and Zoning Code and the final approval of Council. (Ord. 2008-13. Passed 4-16-08.)
1155.17 SITE PLAN REVIEW AND CONFORMANCE.
(a) The overall site plan shall be submitted to the Planning and Zoning Commission for review and recommendation to Council for final approval.
(b) The site plan shall be not less than three (3) acres and shall be drawn to a scale of one inch (1") is equivalent to twenty feet (20') to fifty feet (50'), shall show topographical features of the lot, building placement and activity areas and shall include a circulation and parking plan and a planting and landscape plan. If a development is to proceed in phases, the relationship of any phase submitted for approval to the overall development plan shall be shown. A printed plan shall be signed by an Ohio licensed professional engineer or surveyor. Five (5) printed copies of a site plan and one (1) on electronic media shall be submitted for study.
(c) The site plan shall show that a proper relationship will exist between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety on both public and private lands. Upon acceptance of the site plan for study, a traffic study prepared by a certified traffic engineer licensed in the State of Ohio shall be required for the Chagrin Boulevard corridor from I-271 to Lander Circle. The site plan shall show adjacent buildings and properties, setbacks, streets and driveways. It shall include existing features including the heights all buildings. Building location and placement shall be developed with consideration given to minimizing removal of trees and change of topography.
(d) Maximum possible visual and auditory privacy for surrounding properties and occupants shall be provided through good design and use of proper building materials.
(e) In large parking areas, visual relief shall be provided through the use of tree- planted and landscaped dividers, islands and walkways.
(f) Screening of parking areas and service areas from surrounding properties shall be provided through landscaping and/or ornamental walls or fences where necessary to promote harmony with adjacent development.
(g) On-site circulation shall be designed to make possible adequate fire and police protection.
(h) Prior to approval by the Commission, grading and surface drainage provisions shall be reviewed and approved by the Village Engineer.
(i) Prior to approval by the Commission, the design and construction standards of all private streets, driveways and parking areas shall be reviewed and approved by the Village Engineer.
(j) A lighting and an auditory plan prepared by a licensed professional will be required and will be reviewed. It is subject to approval by the Village Engineer, Architect, and the Planning and Zoning Commission. (Ord. 2008-13. Passed 4-16-08.)
1155.18 CONFORMANCE WITH SITE PLAN.
(a) The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, truck loading and unloading areas, curb cuts, lighting fixtures, traffic control devices, activity areas, and the installation of landscaping, landscaping features, fences and walks shall conform to the approved site plan.
(b) A performance bond shall be placed on deposit with the Village to insure that the landscaping is installed, and that the hard-surfacing of the private drives and parking areas is installed and that the surface water drainage is installed, all in conformance with approved plans. Such bond shall be in an amount equal to the cost of the construction of the improvements in a project or any project phase approved under this chapter based on an estimate approved by the Village Engineer.
(c) A maintenance bond in the amount recommended by the Building Inspector and approved by the Planning and Zoning Commission may be required for landscaping, paving, and landscaping and architectural features. (Ord. 2008-13. Passed 4-16-08.)
1157.01 PERMITTED USES.
In a U-4 General Office Building District, no building or premises, unless otherwise provided in this Zoning Code, shall be erected or used which is arranged, intended or designed to be used except for the following purposes, and as regulated by this Zoning Code:
(a) Professional, administrative, executive and showroom sales offices and banks or savings and loan.
(b) In a three-story building, as defined in this Zoning Code, the first floor may be used for retail stores and retail service uses as permitted in U-3 district, provided that no more than one-third of a building's gross space shall be devoted to retail use as measured by floor space or square footage, whichever permits less retail usage.
(Ord. 1991-31. Passed 6-13-91.)
1159.01 PURPOSE AND FINDINGS.
(a) Purpose. It is the purpose of this chapter to regulate Sexually Oriented Businesses in order to promote the health, safety, morals, and general welfare of the citizens of the Village of Woodmere, and to establish reasonable and uniform regulations to prevent the deleterious location of Sexually Oriented Businesses within the Village of Woodmere. The provisions of this chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(b) Findings. The Village Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to: Denver, Colorado; Garden Grove, California; Kansas City, Missouri; Indianapolis, Indiana; Minneapolis, Minnesota; and New York, New York. (Ord. 2008-08. Passed 4-16-08.)
1159.02 DEFINITIONS.
(a) ADULT ARCADE means any place to which the public is permitted or invited where either or both:
(1) Motion picture machines, projectors, DVDs, video or laser disc players, or
(2) Other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time;
and where the images shown and/or live entertainment presented are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(b) ADULT BOOKSTORE. ADULT NOVELTY STORE OR ADULT VIDEO STORE means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, DVDs, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas": or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(3) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(c) ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a “state of nudity” or “state of semi-nudity”; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
(4) Films, motion pictures, video cassettes, DVDs, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(d) ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, DVDs, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(e) ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," and which does not also meet the definition of a “mainstream performance house.”
(f) COVERING means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(g) ESTABLISHMENT means and includes any of the following
(1) The opening or commencement of any Sexually Oriented Business as a new business;
(2) The conversion of an existing business, whether or not a Sexually Oriented Business, to any Sexually Oriented Business;
(3) The addition of any Sexually Oriented Business to any other existing Sexually Oriented Business; or
(4) The relocation of any Sexually Oriented Business.
(h) NUDE MODEL STUDIO means any place where a person who appears semi- nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nude Model Studio shall not include:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
(2) A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
(i) NUDITY or a STATE OF NUDITY or NUDE means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(j) PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(k) PRINCIPAL BUSINESS PURPOSE means twenty-five percent (25%) or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts of merchandise for sale or rental for consideration, whichever is the greater.
(l) SEMINUDITY or SEMINUDE CONDITION or SEMINUDE means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(m) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise which as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
(n) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
(o) SPECIFIED ANATOMICAL AREAS means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(p) SPECIFIED SEXUAL ACTIVITIES means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in (p)(1) through (2) above. (Ord. 2008-08. Passed 4-16-08.)
1159.03 CLASSIFICATIONS.
Sexually oriented businesses are classified as follows:
(a) Adult arcades;
(b) Adult bookstores, adult novelty stores, or adult video stores;
(c) Adult cabarets;
(d) Adult motion picture theaters;
(e) Adult theaters;
(f) Nude model studios; and
(g) Sexual encounter centers.
(Ord. 2008-08. Passed 4-16-08.)
1159.04 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) Sexually Oriented Businesses may be located only in zoning districts U-3 and U-4 in accordance with the restrictions contained in (b) through (i) below.
(b) No Sexually Oriented Business may be established or operated within five hundred feet (500') of:
(1) A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility that serves persons younger than eighteen (18) years of age, including but not limited to nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) Any property containing a “Type A” or “Type B” day-care facility as those terms are defined under the Ohio Revised Code;
(4) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the Village which is under the control, operation, or management of the Village, a Board of Education, or another public entity;
(5) A public library or museum that regularly serves persons younger than eighteen (18) years of age.
(c) No Sexually Oriented Business may be established or operated on any lot within six hundred feet (600') of an entrance or exit ramp to U.S. Interstate Highway I-271.
(d) No Adult Cabaret, as defined in Section 1159.02 of this Chapter, may be established or operated within one hundred fifty feet (150') of:
(1) A boundary of a residential district as defined in the Zoning Code;
(2) Any structure that is a permitted or conditionally permitted residential use or a lawful non-conforming residential use as defined in the Zoning Code.
(e) No Sexually Oriented Business may be established, operated or enlarged within five hundred feet (500') of another Sexually Oriented Business.
(f) Not more than one Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented business may not be increased.
(g) For the purpose of subsections (b) and (d) of this Section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a Sexually Oriented Business is conducted, to the nearest property line of the premises of a use listed in subsections (b) and (d), following the routes of property lines along public rights-of-way (to approximate pedestrian distances).
(h) For the purpose of subsection (c) of this Section, measurement shall be made in a straight line from the centerline of the exit or entrance ramp at its intersection with U.S. Route 422 (Chagrin Boulevard) to the nearest portion of any zoning lot.
(i) For purposes of subsection (e) of this Section, the distance between any two Sexually Oriented Businesses shall be measured from the closest exterior wall of the structure in which each business is located, following the routes of property lines along public rights-of- way (to approximate pedestrian distances). (Ord. 2008-08. Passed 4-16-08.)
1159.05 ADDITIONAL REGULATIONS CONCERNING LOT, YARD, HEIGHT, AND PARKING.
(a) The requirements for Lot Area and Frontage, Minimum Yards, and Height for Sexually Oriented Businesses located in the U-3 and U-4 Districts are those specified for those Districts in this Code.
(b) Parking requirements for a Sexually Oriented Business are governed by the provisions contained in Section 1169.04 of this Code. (Ord. 2008-08. Passed 4-16-08.)
1159.06 SIGN REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
(a) All signs for a Sexually Oriented Business shall be “wall signs” as defined in Chapter 1321 of the Building Code.
(b) All signs for a Sexually Oriented Business shall be illuminated in conformance with Chapter 1321 of the Building Code.
(c) All signs for a Sexually Oriented Business shall be maintained in accordance with Chapter 1321 of the Building Code and may be ordered to be removed in accordance with the provisions of that Section.
(d) No merchandise or pictures of the products or entertainment on the premises of a Sexually Oriented Business shall be displayed in window areas or any area where they can be viewed from the sidewalk or street in front of the building.
(e) Window areas of a Sexually Oriented Business shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign shall be placed on the door to state hours of operation and admittance to adults only.
(Ord. 2008-08. Passed 4-16-08.)
1159.07 SEVERABILITY.
If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected. (Ord. 2008-08. Passed 4-16-08.)
1161.01 U-3 AND U-4 USE REQUIREMENTS.
(a) Adequate off-street parking space graded, drained and free from dust shall be required for each such general business use.
(b) No signboard or advertising device shall project beyond the setback or building line.
(Ord. 1979-59. Passed 6-19-80.)
(Ord. 1979-59. Passed 6-19-80.)
(c) No business shall be conducted in other than permanent enclosed buildings; open-air, open-sided, or outside markets are specially prohibited, except Council may issue a special permit, not to exceed sixty days, unless renewed, for a limited or a temporary purpose.
(Ord. 1981-39. Passed 3-24-82.)
(d) Every building in a U-3 and U-4 District shall have a rear yard of not less than fifteen feet.
(e) No business shall be permitted which would give rise to dust, odor, fumes, smoke, gas, waste, noise, excessive vibration, danger of explosives, or fire which would otherwise be detrimental to the health, safety, or welfare of the residents of the Municipality or which would adversely affect surrounding property values.
(f) No food shall be prepared or processed on the premises, no repairs or other services rendered unless such operations are clearly incidental to a permitted use.
(Ord. 1979-59. Passed 6-19-80.)
(Ord. 1979-59. Passed 6-19-80.)
1161.02 AIR CONTAMINATION.
No person shall cause or allow the emission into the atmosphere from any air contaminant source or control equipment that will cause the outdoor air to become odorous, beyond the property line of the air contaminant source or control equipment, as measured by the use of scentometer, odor panel, equivalent instrumentation or methodology used separately or in union therewith.
No restaurant, store, person or property owner shall allow an outdoor odor beyond the property line of such restaurant, store, person or property owner to an adjacent property, unless the odorous air has an odor strength equal to or weaker than a No. 8 scale, and is detectable for more than two measurements, at intervals of not less than ten minutes, in any one hour period or when the odorous air has an odor strength stronger than a No.8 scale and is detectable for more than two measurements, at intervals of not less than fifteen minutes, in any eight hour period.
The emission or escape into the open air from any source or sources, whatever, from any such restaurant, store, person or property owner, of smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors or any other substance or combination of substances, in any such manner or in such amounts as to endanger or intend to endanger the health, comfort, safety or welfare of the public, or is unreasonably offensive and objectionable to the public, or shall cause unreasonable injury or damage to property or interfere with the comfortable enjoyment of property or normal conduct of business, is found to be a public nuisance and unlawful.
(Ord. 1980-50. Passed 11-19-80.)
1161.03 AUTO REPAIRS IN U-3 AND U-4 DISTRICTS PROHIBITED.
(a) There shall be no storage of any damaged motor vehicles, motor vehicles for repair, or motor vehicles partially repaired within any real property zone U-3 or U-4 of the Municipality, unless the motor vehicle is in a permanent type completely enclosed building.
(b) Any public garages, other than those secondary to a residential property, auto washes, and gasoline stations, are specifically excluded from U-3 or U-4 use.
(Ord. 1979-59. Passed 6-19-80; Ord. 1981-39. Passed 3-24-82.)
1161.04 RESTRICTIONS ON COMMERCIAL AND RESIDENTIAL DELIVERIES.
Commercial and residential deliveries shall be permitted every day of the week between the hours of 7:00 a.m. and 11:00 p.m. (completed) unless otherwise restricted as a requirement of approval by the Planning and Zoning Commission.
(Ord. 2003-91. Passed 10-15-03.)
1165.01 GENERAL REGULATIONS; VARIANCES.
(a) In a Class U-1, U-2, U-3 or U-4 District, the regulations contained in this chapter and Chapter 1169 shall apply in all use Class Districts heretofore established.
(b) In a Class U-1 District not more than one main building, structure or dwelling shall be erected, built, raised, constructed, moved, enlarged, altered or used upon any one lot. No building designed for any accessory use shall be erected, built, or used except in conjunction with the main building or dwelling on the lot. No permit to expand an existing occupied dwelling unit shall be issued to any applicant therefor unless the subject lot conforms with the dwelling size, waste system and other applicable requirements of the Cuyahoga County Health Department.
(c) In a Class U-1 District, no dwelling house shall be erected, altered or established upon any lot or parcel within the Municipality to accommodate or make provision for more than one family for each three-fourths acre of the area of the lot or parcel.
(Ord. 1988-79. Passed 11-16-88.)
(d) For lots with a front footage of less than 100 feet, the total square footage of all aboveground enclosed space shall not exceed ten percent (10%) of the total square footage of the subject lot. For lots with a front footage greater than 100 feet, the total square footage of all aboveground enclosed space shall not exceed eight percent (8%) of the total square footage of the subject lot. No new dwelling unit, however, may be erected on any lot with a front footage of less than 96 feet, unless, at the time of the passage of this subsection, such lot is already improved with a dwelling unit. For purposes of this subsection, aboveground enclosed space shall include all space within the main dwelling unit and any and all out buildings, whether finished or not, which lie on the subject lot, but shall exclude all basement area which is entirely below ground level.
(Ord. 2023-70. Passed 2-14-24.)
(e) In Class U-2, U-3 and U-4 Districts, no building shall be constructed in excess of seventy-five feet of height from grade level, and shall provide adequate off-street parking for all occupants and reasonably expected visitors of the building.
(f) The Regional Dwelling House Code is adopted in its entirety by reference in its application to the types of buildings and construction authorized under this Code.
(g) No building or structure designed for use in a U-l, U-2, U-3 or U-4 District shall be authorized in any other use district within the Municipality, except on the granting of a variance in accordance with law.
(Ord. 1988-79. Passed 11-16-88.)
1165.02 PROHIBITED LOCATION OF BUILDINGS.
No building or dwelling shall be constructed or placed upon any lot unless the lot has a frontage on a public highway or public street which has been duly dedicated and accepted for public use.
(1973 Code Section 151.15)
1165.03 FRONT YARDS, BUILDING AND SETBACK LINES.
(a) On a street frontage on each side of a street between two successive intersecting or joining streets, excluding the frontage along the side lines of the corner lots, the building line shall be a line parallel with the street curb line and a distance therefrom of thirty percent (30%) of the average or normal depth of the lots having front lines along the street, but not less than seventy-four feet from the street curb line.
(b) On a street frontage on either side of a street between two successive intersecting or joining streets but excluding the frontage along the side lines of the corner lots, where twenty percent (20%) or more of the frontage is improved with buildings, the alignment of the existing buildings along the frontage shall be the building line.
(c) Between the building line and the street line no building or structure, including walls and fences, or portions thereof, extending above the established grade may be erected except as follows:
(1) A one-story unenclosed porch not more than eight feet in width may be constructed between the building line and the street line, but all porches of more than one story in height, enclosed porches, and balconies over porches, must conform to the building line.
(2) Cornices, belt courses, entrance canopies, or similar overhanging roofed spaces covering not more than twenty square feet of horizontal area for each forty feet of frontage; porticos or bays projecting not more than three feet, exclusive of cornices, and aggregating a vertical area in any story of not more than twenty percent (20%) of the area of the front of that story, shall be exempt from the front yard restrictions of this chapter on buildings not nearer the street line than ten feet.
(3) Steps and landings below the level of the first floor, and fences and walls not more than two feet six inches high above the grade level, may be located between the building line and the street line. No fence running parallel with the sidewalk shall be erected or maintained except with specific permission of the Planning and Zoning Commission.
(1973 Code Section 151.17; Ord. 1976-28. Passed 5-19-76.)
1165.04 SIDE YARDS.
(a) For every building erected there shall be a side yard along each lot line other than a street line or rear line.
(b) The side yards shall be grassy or landscaped areas covering at least twenty percent (20%) of the average width of the lot. The least dimension of a nonresidential side yard shall be not less than five feet: residential lots shall have at least fifteen foot side yards on each side of the dwelling unit.
Side yards shall be landscaped. Such landscaping shall include shrubs or flowers for maximum heights of two feet six inches above the grade level from the right of way line to a distance of fifty feet therefrom. From the fifty foot line to the building line there is no maximum height limit to landscaping.
(c) The side yards provided for herein shall be open for their full required dimensions from the ground to the sky, unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other ornamental features, to the extent of not over six inches, except that within five feet of the street wall a cornice may project not over three feet into the yard, and provided that if the building is not more than two and one-half stories in height the cornice may project not over two and one-half feet in the yard.
(d) A building and any accessory building erected on the same lot shall for the purpose of side yard requirements, be treated as a single building.
(Ord. 1997-20. Passed 2-19-97.)
1165.05 REAR YARDS.
(a) Every main building erected shall have a rear yard extending the full width of the lot. The least dimension of this rear yard shall be at least twenty percent (20%) of the depth of the lot, and at least one-half of the height of the building. Forty percent (40%) of the area of the rear yard may be occupied by one accessory building not more than fifteen feet in height, but on a corner lot the rear line of which is identical with the side line of an interior lot, no such accessory building shall be erected within twenty feet of any street line or within ten feet of the rear lot line.
(b) The rear yards provided for herein shall be open for their full required dimensions from the ground, or other level permitted by this section, to the sky, unobstructed except for the ordinary projection of window sills, belt courses, cornices, and other ornamental fixtures, or eaves, not more than two feet wide. (1973 Code Section 151.19.)
(c) A fifteen foot rear landscaped buffer strip is required when any use adjoins residential property, extending the full width of the rear lot. Any masonry wall and/or tree line shall be approved by the Planning and Zoning Commission. Trees shall be planted to achieve a “tip-to-tip” appearance. The type of planting shall be approved by the Planning and Zoning Commission. All planting shall be maintained in a healthy growing condition and replaced as necessary.
(Ord. 81-39. Passed 3-24-82.)
(Ord. 81-39. Passed 3-24-82.)
1165.06 LOT GRADES.
(a) The average grade of each lot in the Municipality except as otherwise provided, is established at not to exceed fifteen inches above the average established grade of that section of the street or streets on which the lot abuts. No artificial grading of any lot shall be made which will increase the height of any part of the grade thereof in such a manner that any part so graded is in excess of fifteen inches above the established average grade of the street along the line or lines bounding the lot. Wherever the average natural grade of any lot, as determined by the Building Inspector, is above the lot grade established, then the average natural grade may be maintained for the lot.
(b) In the event that the topography of any land is such that the lot grade established would, in the opinion of the Building Inspector, work an injustice upon the owner or would render the improvement or development of the land difficult and impractical, the Inspector with the written consent and approval of the Building Committee of the Council, may grant a special permit establishing a different lot grade than that herein established.
(1973 Code Section 151.20.)
1166.01 PURPOSE.
The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communications towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Village of Woodmere shall give due consideration to the Village of Woodmere's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.02 DEFINITIONS.
As used in this chapter, the following terms shall have the meanings set forth below:
(a) "Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
(b) "Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
(c) "Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
(d) "FAA" means the Federal Aviation Administration.
(e) "FCC" means the Federal Communications Commission.
(f) "Height" means, when referring to a tower or other structure, the distance from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
(g) "Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
(h) "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.03 APPLICABILITY.
(a) New Towers and Antennas. All new towers or antennas in the Village of Woodmere shall be subject to these regulations, excepted as provided in subsections (b) through (d), inclusive.
(b) Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under seventy feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
(c) Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of subsections 1166.04(f) and (g).
(d) AM Array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeters of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.04 GENERAL REQUIREMENTS.
(a) Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(b) Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(c) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Village of Woodmere or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of The Village of Woodmere, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(d) Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(3) If an antenna is installed on a structure other than a tower, then the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(e) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(f) State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and antenna at the owner's expense.
(g) Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village of Woodmere concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(h) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in The Village of Woodmere irrespective of municipal and county jurisdictional boundaries.
(i) Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(j) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Village of Woodmere have been obtained and shall file a copy of all required franchises including Federal Communications Commission (FCC) Licensure with the Clerk of Council of the Village.
(k) Public Notice. For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Chapter 1165 of the Zoning Code, in addition to any notice otherwise required by the Zoning Code.
(1) Signs. No signs shall be allowed on an antenna or tower.
(m) Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 1166.08 plus all other requirements of the Zoning Code.
(n) Multiple Antenna/Tower Plan. The Village of Woodmere encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.05 PERMITTED USES.
(a) General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.
(b) Permitted Uses. The following uses are specifically permitted:
(1) Antennas or towers located on property owned, leased, or otherwise controlled by the Village of Woodmere provided a license or lease authorizing such antenna or tower has been approved by the Village of Woodmere.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.06 ADMINISTRATIVELY APPROVED USES.
(a) General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
(1) The Building Inspector may administratively approve the uses listed in this section.
(2) Each applicant for administrative approval shall apply to the Building Inspector providing the information set forth in Section 1166.07(b)(1) and 1166.07(b)(3) and a nonrefundable fee as established by resolution of Council to reimburse the Village of Woodmere for the costs of reviewing the application.
(4) The Planning and Zoning Board shall respond to each such application within sixty days after receiving it by either approving or denying the application. If the Planning and Zoning Commission fails to acknowledge to the applicant within said sixty days, then they shall consider the application at the next regularly scheduled meeting of the Planning and Zoning Commission.
(5) In connection with any such administrative approval, the Planning and Zoning Commission may, in order to encourage shared use, administratively waive any zoning district setback requirements or separation distances between towers in Section 1166.07(b)(5) by up to fifty percent (50%).
(6) In connection with any such administrative approval, the Planning and Zoning Board may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(7) If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Section 1166.07 prior to filing any appeal that may be available under the Zoning Code.
(b) List of Administratively Approved Uses. The following uses may be approved by the Building Inspector after conducting an administrative review:
(1) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or heavy commercial zoning district.
(2) Locating antennas on existing structures or towers consistent with the · terms of subsection (a) and (b) below.
A. Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Building Inspector as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:
1. The antenna does not extend more than thirty feet above the highest point of the structure;
2. The antenna complies with all applicable FCC and FAA regulations; and
3. The antenna complies with all applicable building codes.
B. Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Building Inspector and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
1. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Building Inspector allows reconstruction as a monopole.
2. Height
a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet over the tower's existing height, to accommodate the collocation of an additional antenna.
b. The height change referred to in subsection (b)(2)B.3.a. may only occur one time per communication tower.
c. The additional height referred to in subsection (b)(2)B.3.a. shall not require an additional distance separation as set forth in Section 1166.07. The tower's premodification height shall be used to calculate such distance separations.
3. Onsite location.
a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty feet of its existing location.
b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
d. The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 1166.07(b)(5) shall only be permitted when approved by the Planning and Zoning Commission.
(3) New towers in non-residential zoning districts. Locating any new tower in a non-residential zoning district other than industrial or heavy commercial, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Building Inspector concludes the tower is in conformity with the goals set forth in Section 1166.01 and the requirements of Section 1166.04; the tower meets the setback requirements in Section 1166.07(b)(4) and separation distances in Section 1166.07(b)(5); and the tower meets the following height and usage criteria:
A. For a single user, up to ninety feet in height;
B. For two users, up to 120 feet in height; and
C. For three or more users, up to 150 feet in height.
(4) Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the Building Inspector is in conformity with the goals set forth in Section 1166.01.
(5) Installing a cable microcell network through the use of multiple low powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(Ord. 1997-17. Passed 4-16-97.)
1166.07 CONDITIONAL ZONING CERTIFICATES.
(a) General. The following provisions shall govern the issuance of conditional zoning certificates for towers or antennas by the Planning and Zoning Commission:
(2) Applications for conditional zoning certificates under this section shall be subject to the procedures and requirements of the Village of Woodmere Planning and Zoning Code, except as modified in this section.
(3) In granting a conditional zoning certificate, the Planning and Zoning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(5) An applicant for a conditional zoning certificate submit the information described in this section and a non-refundable fee as established by resolution of Council to reimburse the Village of Woodmere for the costs of reviewing the application.
(b) Towers.
(1) Information required. In addition to any information required for applications for nonconforming use permits pursuant to the Village of Woodmere Planning and Zoning Code, applicants for a conditional zoning certificate for a tower shall submit the following information:
A. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Section 1166.07(b)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Building Inspector to be necessary to assess compliance with this chapter.
B. Legal description of the parent tract and leased parcel (if applicable).
C. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
D. The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 1166.04(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
E. A landscape plan showing specific landscape materials.
F. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
H. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
I. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sited owned or operated by the applicant in the municipality.
J. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
K. A description of the feasible location(s) of future towers or antennas within The Village of Woodmere based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2) Factors considered in granting Conditional Zoning Certificates for towers. In addition to any standards for consideration of nonconforming use permit applications pursuant to Chapter 1173
of the Village of Woodmere Planning and Zoning Code, the Planning and Zoning Commission shall consider the following factors in determining whether to issue a conditional zoning certificate, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning and Zoning Commission concludes that the goals of this chapter are better served thereby:
A. Height of the proposed tower;
B. Proximity of the tower to residential structures and residential district boundaries; it being understood that towers and ancillary structures are not to be located within twelve feet of any residential district or within any setback area defined in Chapter 1165 from a residential district, whichever distance is greater.
C. Nature of uses on adjacent and nearby properties;
D. Surrounding topography;
E. Surrounding tree coverage and foliage;
F. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
G. Proposed ingress and egress; and
H. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 1166.07(b)(3) of this chapter.
(3) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning and Zoning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
A. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
B. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
C. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
D. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
E. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
F. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
G. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(4) Setbacks. The following setback requirements shall apply to all towers for which a conditional zoning certificate is required; provided, however, that the Planning and Zoning Commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby:
A. Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining lot line.
B. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(5) Separation. The following separation requirements shall apply to all towers and antennas for which a conditional zoning certificate is required; provided, however, that the Planning and Zoning Commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby.
A. Separation from off-site uses/designated areas.
1. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
2. Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1: Off-site Use/Designated Area | Separation Distance |
Single-family or duplex residential units 1 | 200 feet or 300% height of tower whichever is greater. |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower2 whichever is greater. |
Vacant unplatted residentially zoned lands 3 | 100 feet or 100% height of tower whichever is greater. |
Existing multi-family residential units greater than duplex units | 100 feet or 100% height of tower whichever is greater. |
Non-residentially zoned lands or nonresidential uses. | None; only setbacks apply |
1 Includes modular homes and mobile homes used for living purposes.
2 Separation measured from base of tower to closest building setback line.
3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land
greater than duplex.
B. Separation distances between towers.
1. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2: | ||||
Existing Towers-Types | ||||
Lattice | Guyed | Monopole 75 Ft in Height or Greater | Monopole Less Than 75 Ft in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 Ft in Height or Greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole Less Than 75 Ft in Height | 750 | 750 | 750 | 750 |
(6) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning and Zoning Commission may waive such requirements, as it deems appropriate.
(7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional zoning certificate is required provided, however, that the Planning and Zoning Commission may waive such requirements if the goals of this chapter would be better served thereby.
A. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
B. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
C. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(Ord. 1997-17. Passed 4-16-97.)
1166.08 BUILDINGS OR OTHER EQUIPMENT STORAGE.
(a) Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1) The cabinet or structure shall not contain more than 400 square feet of gross floor area or be more than 7.5 feet in height. In addition, for buildings and structures which are less than sixty-five feet in height, the related unmanned equipment structure, if over six square feet of gross floor area or 6 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than five percent (5%) of the roof area.
(3) Equipment storage buildings or cabinets shall comply with all applicable building codes, and not be visible by a pedestrian at street level within fifty feet of the building.
(4) Cabinets shall follow the architectural design of the building or be enclosed with a structure or facade of compatible architecture.
(b) Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1) In residential districts, the equipment cabinet or structure may be located:
A. In a front or side yard provided the cabinet or structure is no greater than four feet in height or twenty-five square feet of gross floor area and the cabinet/structure is located a minimum of five feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.
B. In a rear yard, provided the cabinet or structure is no greater than four feet in height or twenty-five square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least thirty-six inches.
(2) In commercial or industrial districts the equipment cabinet or structure shall be no greater than eight feet in height or ten by twelve square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least thirty-six inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet six inches in height and an evergreen hedge with an ultimate height of eight feet and a planted height of at least thirty-six inches.
(c) Antennas Located on Towers. The related unmanned equipment structure shall not contain more than fifty square feet of gross floor area or be more than eight feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(d) Modification of Building Size Requirements. The requirements of Section 1166.08(a) through (c) may be modified by the Planning and Zoning Commission in the case of uses permitted by conditional zoning to encourage collocation.
(Ord. 1997-17. Passed 4-16-97.)
1166.09 REMOVAL OF ABANDONED ANTENNAS AND TOWERS.
Any antenna or tower that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety days of receipt of notice from the Village of Woodmere notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety days shall be grounds to remove the owner or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.10 NONCONFORMING USES.
(a) Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(b) Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
(c) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section 1166.09, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt to “as built” drawings which plans were previously approved by the Village without having to first obtain administrative approval or a conditional zoning certificate and without having to meet the separation requirements specified in Section 1166.07(b)(4) and 1166.07(b)(5). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 1166.09.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.11 SEVERABILITY.
The various parts, sections and clauses of this chapter are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected thereby.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.12 REPEALER.
Any ordinances or parts thereof in conflict with the provisions of this chapter are hereby repealed to the extent of such conflict.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1166.99 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.
(Ord. 1997-17. Passed 4-16-97.)
(Ord. 1997-17. Passed 4-16-97.)
1169.01 WHEN REQUIRED.
(a) Accessory off-street parking facilities, including access driveways, shall be determined in conformance with the schedule as set out in Section 1169.04 for the various uses permitted by the Zoning Ordinance, and provided in conformance with the other provisions of this chapter as a condition precedent to the occupancy of the building or use.
(Ord. 81-39. Passed 3-24-82.)
(1) Whenever a building is constructed or a new use established, facilities shall be provided for the entire building or use on the same lot or on an adjoining lot under the same ownership; or
(2) Whenever the use of an existing building is changed to a use requiring more parking facilities, or whenever an existing building is altered, and there is an increase in the number of dwelling units, seating capacity, or floor areas of the building facilities, more parking facilities shall be provided for the existing building or use as well as the additional building or use, on the same lot or on an adjoining lot under the same ownership.
(1973 Code Section 151.26.)
(1973 Code Section 151.26.)
1169.02 USE.
(a) All off-street parking facilities, or those required as accessory to a use of a proposed or altered building, shall continue unobstructed in operation, shall not be used for automobile service or repair, and shall not be reduced below the required size as long as the main use remains, unless an equivalent number of spaces is provided for the use in another approved location.
(b) In order to insure the contained use for automobile parking purposes of any area established therefor, the Planning and Zoning Commission may require, before approval, evidence in writing that the owner or owners of the land to be included in the automobile parking area have convenanted and agreed to continue the business or industrial use for which the parking areas are required, such covenant to be filed among the records of Cuyahoga County.
(1973 Code Section 151.26)
(1973 Code Section 151.26)
1169.03 DEFINITIONS.
For purposes of this chapter the following words and phrases shall have the following meanings:
(a) "Accessory parking space" means an open or enclosed area, accessible from the street, for parking motor vehicles of owners, occupants, employees, customers, or tenants of the main building use. Except for one-family buildings, each space shall be not less than nine feet wide and 180 square feet in area exclusive of all drives, curbs and turning space. The number of spaces shall be determined from an accurate plan.
(Ord. 81-39. Passed 3- 24-82.)
(b) "Employees" means the maximum number of employees on any two successive shifts. (1973 Code Section 151.26.)
(c) "Floor area" means the total area of all the floor measured from the exterior faces of the building except that stairways and elevators shall not be included. (Ord. 81-39. Passed 3-24-82.)
(d) "Required minimum parking spaces". Where the computation results in the fractional unit, one additional off-street parking space shall be provided.
(e) "Seat" means the number of seating units installed or indicated, for each twenty- four lineal inches of benches, pews or space for loose chairs, or similar seating facilities; spacing for rows shall be thirty inches on center.
(1973 Code Section 151.26.)
1169.04 SCHEDULE OF REQUIRED MINIMUM OFF-STREET PARKING.
Building or Use | Required Minimum Parking Space |
Residential | |
(a) One-family dwelling | One space per dwelling unit |
(b) Rooming house, rented rooms | One space per roomer, plus one space for dwelling unit of resident family |
(c) Row house or apartment | Two spaces per dwelling unit |
(d) Hotels, motels, tourist homes | One space per rental unit or suite, plus one space for each dwelling unit or resident family |
Institutions | |
(e) Public buildings, municipal and educational | One space per each full-time employee, plus one space for each six seats in assembly rooms |
(f) Hospitals | One space per bed, one space per staff doctor, plus one space for every employee |
(g) Clinics, health centers | One space per 100 sq. ft. floor area |
(h) Places of worship | One space per each seat in auditorium or in assembly room, whichever is the larger |
Amusement and Assembly | |
(i) Theaters, lodge halls, arenas, auditoriums, stadiums, and other places of assembly | One space per two seats in building |
(j) Dance halls, skating rinks, swimming pools | One space per fifty sq. ft. of area used for dancing, skating, swimming, exercising, tennis, handball, etc. |
(k) Bowling alleys | Six spaces per bowling alley lane |
(l) Mortuaries | One space per thirty sq. ft. of assembly rooms, plus one space for every four seats, but in no case less than twenty spaces |
(m) All retail businesses | One space per 100 sq. ft. of the total floor area of the entire building. At least seventy percent (70%) of the lot area must be devoted to parking space, driveways, landscaping, etc. |
(Ord. 81- 39. Passed 3- 24- 82.) | |
(n) Eating places, bars, taverns, etc. | One space per fifty sq. ft. of floor area, plus one space for every two seats |
(o) Medical and dental offices | Five spaces per each doctor or dentist |
Industrial | |
(p) Commercial services, storage, laboratories, machine shops, and manufacturing plants. | One space per every two employees |
(1973 Code Section 151.26.) | |
Other Building or Uses
(q) For a specific building or use not scheduled above, the Planning and Zoning Commission shall apply the unit of measurement of the schedule above deemed to be the most similar to the proposed building or use.
(r) In addition to the above off-street parking schedules, one additional parking space shall be required for each pinball game, electronic game, or other mechanical device at each place of business.
(Ord. 82-08. Passed 3-17-82.)
Office Buildings
(s) First floor usage used for retail purposes shall meet the requirements of subsections (m) through (r) hereof, herein. Usage above the first floor, when devoted to standard office space usage, shall require one space per two-hundred fifty square feet of total floor space so used, including storage and file areas. Usage on or above the first floor, when devoted to any other usage, shall conform to the requirements of this chapter.
(1973 Code Section 151.26.)
1169.05 MODIFICATIONS FOR EXISTING BUILDING OR USE.
For an existing building or use which does not conform to parking requirements as set forth in Section 1169.04, and where land is not available on the same lot or adjoining lot, the Planning and Zoning Commission may modify the locations of parking facilities to permit such facilities within 400 feet walking distance of the building or use.
(1973 Code Section 151.26.)
1169.06 SHARING OF FACILITIES.
A building containing one use shall provide the off-street parking spaces as required for the specific use. A building, or group of buildings, containing two or more uses, operating normally during the same hours, and which have different off-street parking requirements, shall provide spaces for not less than the sum of the spaces required for each use, or the spaces required for a large unit development of a business building. Institutions and places of worship may assume that up to, but not more than, fifty percent (50%) of their requirements may be shared in adjacent parking areas, which are necessary to business establishments, and which normally have different hours of operation. However, where there is a sharing of facilities by different owners, there shall be a contract covering a period of time which may be required by the Planning and Zoning Commission, and, should any of the uses be changed or the facilities discontinued, then the required spaces for the use remaining shall be provided elsewhere as a condition precedent to the continued use of the building or buildings .
(1973 Code Section 151.26.)
1169.07 LOCATION; DRIVEWAY AND TRUCK PARKING.
Accessory parking facilities shall be located on the same lot of the dwelling served. Driveways shall not be used for permanent overnight parking within the required front yard.
One truck not exceeding three-fourths ton in rated capacity may be stored only in a garage, provided the truck is used solely by the occupant of the dwelling.
(1973 Code Section 151.26.)
1169.08 DRIVEWAYS.
(a) The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property, and with pedestrian and vehicular traffic on the nearest streets. The center line of the access driveways on the frontage street shall be at least forty feet from the right-of-way line of the nearest intersecting street, and spaced at not less than one-hundred twenty feet intervals measured from the center line of the driveways. At least two separate driveways shall be provided, and whenever possible, they shall be limited to either entrance or exit.
(b) Entrances and exits shall be limited to three lanes. The width of the entrances and exits, measured at the setback line, shall conform to the following schedule:
Lanes | Width - (feet) | |
Minimum | Maximum | |
One | 12 | 14 |
Two | 24 | 28 |
Three | 30 | 40 |
(c) In all cases, the radius of the edge of the apron shall be at least twenty feet so that a car entering from the curb lane shall be perpendicular to the setback line at the driveway without obstructing vehicles in other traffic lanes.
(1973 Code Section 151.26.)
(d) Should the Planning and Zoning Commission find that it is necessary to further limit driveway access to Chagrin Boulevard, it may specifically vary the provisions of this section, subject to the approval of Council.
(Ord. 81-39. Passed 3-24-82.)
1169.09 MEASUREMENT STANDARDS; LOADING SPACES.
(a) A required off-street loading space shall be at least twelve feet wide by twenty- five feet in length for buildings less than 15,000 square feet in gross floor area, and each required loading space for a building of 15,000 square feet or more of floor area shall be not less than twelve feet wide by fifty feet in length. In all cases, off-street loading spaces shall be provided for a building or a group of buildings so that the length of the required space shall be in accordance with the usual size of the truck employed for loading or unloading. Each space shall have a vertical clearance of at least fourteen feet. The above areas shall be exclusive of aisle and maneuvering space.
(b) Schedule of requirements for off-street loading spaces.
Use | Gross Floor Area (Sq. Ft.) | Required Number of Spaces |
Retail stores all types | Up to 9,999 | One |
10,000 to 39,999 | Two | |
40,000 to 100,000 | Three | |
Each additional 50,000 | One additional space |
(c) Loading facilities shall be located on the same lot as the main building or use served, and located so that a walk used by the public will not be occupied by vehicles making deliveries. Each loading space shall be designed for direct access to a street or drive in- a manner which will least interfere with other traffic movements
(d) All parking and loading areas and drives shall be provided with three inch minimum asphalt or adequate concrete as specified. All parking and loading areas and drives shall provide adequate drainage so that all water is drained within the lot on which the parking area or drive is located in such manner that water shall not drain across other private property.
(1973 Code Section 151.26.)
(1973 Code Section 151.26.)
1169.10 MAINTENANCE OF PARKING FACILITIES.
Whoever, including individuals or persons, firms or corporations, owns, occupies, uses, rents, leases, or controls any off-street parking facilities described in this chapter shall maintain the facilities in a safe and clean manner, and in good repair, and keep them free from refuse, debris, weeds, parking facility materials, building materials, and any foreign materials which, if permitted to remain, would drift or be deposited upon any street or highway or public walk, or portion thereof, or any natural ditch or any sewer or catch basin, or would create a nuisance or a condition dangerous to public health and safety, or which, if permitted to remain, would naturally spread to adjoining or surrounding properties.
(Ord. 1977-89. Passed 5-17-78.)
1173.01 NONCONFORMING USES.
The lawful use of land or buildings existing on January 16, 1974, may continue, although the use does not conform to the regulations specified by the Zoning Ordinance for the district in which the land or building is located, subject to the following conditions and specifications.
(a) Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of ninety days shall thereafter conform to the provisions of the Zoning Ordinance and every ordinance passed subsequent to May 28, 1956.
(b) Any nonconforming building which has been destroyed or damaged to the extent of sixty percent (60%) or more of its assessed valuation, shall thereafter conform to the provisions of this chapter and every ordinance passed subsequent to May 28, 1956. Where more than forty percent (40%) of the assessed value of the building remains after such damage, such structure may be restored to the nonconforming use as existed before such damage.
(c) No nonconforming use of a building may be moved to any other part or parcel of land upon which same was conducted as of January 16, 1974
(d) No nonconforming building shall be enlarged or altered except to make it a conforming building. A nonconforming use of a building existing at the time of January 16, 1974, may be extended throughout the building provided no structural alterations, except those required by ordinance or law, are made therein, and provided approval is granted by Council.
(e) The use of a nonconforming building may be changed only to a use of like or similar character, or to a conforming use.
(1973 Code §151.16)
1173.02 APPLICATION TO COMPLETED STRUCTURES.
Nothing contained in the Zoning Ordinance shall require any change in the plans, construction or designated use of a building completed at the time of the passage of this Zoning Ordinance, or for which a permit has been issued before the passage of this chapter, and construction of which is begun within thirty days of the issuance of the permit, diligently prosecuted to its completion, and completed according to the plans and descriptions on which the permit was issued, within one year of the issuance of the permit.
(1973 Code §151.25)