57

CODIFIED ORDINANCES OF WESTLAKE PART TWELVE - ZONING CODE

TITLE ONE - Scope and Application Chap. 1201. Intent and Application. Chap. 1203. Definitions. Chap. 1205. Establishment of Code and Map. TITLE THREE - Zoning District Regulations Chap. 1210. Public Recreation and District. Chap. 1211. Residential Districts. Chap. 1212. Planned Unit Development District. Chap. 1213. Location of Sexually Oriented Businesses. Chap. 1214. Automobile Parking Districts. Chap. 1215. Planned Office District. Chap. 1216. Business Districts. Chap. 1217. Integrated Shopping Facility District. Chap. 1218. Industrial Districts. Chap. 1219. Health Campus District. TITLE FIVE - Regulations Applying to All Use Districts Chap. 1220. Development Plans. Chap. 1221. Parking and Loading Facilities. Chap. 1222. Heliports and Helistops. Chap. 1223. Sign Regulations. Chap. 1224. Siting of Wireless Telecommunications Facilities. Chap. 1225. Nonconforming Uses. Chap. 1227. Conditional Uses. Chap. 1229. Similar Uses. TITLE SEVEN - Administrative Provisions Chap. 1231. Administration, Enforcement and Penalty. Chap. 1233. Board of Zoning Appeals. Chap. 1235. Amending Procedures. Chap. 1237. Design Review Guidelines.

April 2009 Replacement

59

CODIFIED ORDINANCES OF WESTLAKE PART TWELVE - ZONING CODE

TITLE ONE - Scope and Application Chap. 1201. Intent and Application. Chap. 1203. Definitions. Chap. 1205. Establishment of Code and Map.

CHAPTER 1201 Intent and Application

1201.01 Purpose and intent. 1201.03 Interpretation. 1201.02 Relation to other laws. 1201.04 Separability.

CROSS REFERENCES Purpose and intent of Land Planning and Subdivision Regulations - see PLAN. & PLAT. 1121.02, 1121.03 Establishment of districts - see ZON. 1205.01 Administration and enforcement - see ZON. Ch. 1231

1201.01 PURPOSE AND INTENT. The purpose of this Zoning Code and the intent of Council in its adoption is to promote and protect the public health, safety, convenience, comfort and prosperity and the general welfare of the City, by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business, services, industry or other purposes; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the City, into districts of such number and dimensions in accordance with the objectives of a Guide Plan; and to provide procedures for the administration, interpretation, amendment and enforcement of the Zoning Code.

April 2009 Replacement 1201.02 ZONING CODE 60

This Zoning Code is intended to achieve, among others, the following objectives: (a) To protect the character and values of residential, institutional and public uses, business and industrial uses, and to insure their orderly and beneficial development; (b) To provide adequate open spaces for light, air and outdoor uses; (c) To prevent overcrowding of the land; (d) To prevent excessive concentration of population; (e) To regulate and control the location and spacing of buildings on the lot and in relation to the surrounding property so as to carry out the objectives of the Guide Plan; (f) To regulate the location of buildings and intensity of uses in relation to streets so as to minimize interference by traffic movements and thereby reduce street congestion and improve public safety; (g) To establish zoning patterns that insure economical extension for sewers, water supply, waste disposal and other public utilities, as well as developments for recreation, schools and other public facilities; (h) To guide the future development of the City to bring about the gradual conformity of land and building uses in accordance with objectives of the Guide Plan; (i) To accomplish the specific intents and goals set forth in the introductions to the respective chapters. (Ord. 1969-169. Passed 7-16-70.) 1201.02 RELATION TO OTHER LAWS. This Zoning Code shall govern wherever this Code imposes greater restrictions upon the use of buildings or land, the height or bulk of buildings, or requires larger land or building areas, yards or other open space than are otherwise required or imposed by other deed restrictions, codes, laws, ordinances, rules or regulations. Conversely, other city and state codes, laws, ordinances, rules or regulations shall govern where they impose greater restrictions than this Zoning Code. (Ord. 1969-169. Passed 7-16-70.) 1201.03 INTERPRETATION. In interpreting and applying the provisions of the Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and the objectives set forth throughout the Zoning Code. Except as specifically provided herein, it is not intended by the Zoning Code to repeal, abrogate or annul any existing provision of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the use of structures and land and the design, erection, alteration or maintenance of structures thereon. (Ord. 1969-169. Passed 7-16-70.) 1201.04 SEPARABILITY. If any provision, or the application of any provision, of this Zoning Code or amendments thereto is declared to be invalid by a judicial decision of a court of competent jurisdiction, the effect of such determination shall be limited to that provision or provisions expressly stated to be invalid, and such determination shall not affect, impair or nullify this Zoning Code as amended as a whole or any other part thereof. (Ord. 1969-169. Passed 7-16-70.) 61

CHAPTER 1203 Definitions

1203.01 Rules for interpretation. 1203.10 occupations. 1203.02 Intent. 1203.11 Lots. 1203.03 General terms. 1203.12 Maps, plans and plats. 1203.04 Areas. 1203.13 Nonconforming building, lot 1203.05 Automotive uses. and use. 1203.06 Buildings and structures. 1203.14 Occupancy Certificate. 1203.07 Family. 1203.15 Performance standard. 1203.08 Dwellings and other living 1203.16 Signs. accommodations. 1203.17 Streets. 1203.09 Grades. 1203.18 Use. 1203.19 Yards and courts. CROSS REFERENCES Definitions, Land Planning and Subdivision Regulations - see PLAN. & PLAT. Ch. 1123 Definition of nonconforming building, lot and use - see ZON. Ch. 1225

1203.01 RULES FOR INTERPRETATION. Words in these regulations are used in their ordinary English usage. Certain terms and words are, however, herein defined and wherever used in this Zoning Code they shall have the meaning indicated in this chapter, except where the context clearly indicates a different meaning. (Ord. 1969-169. Passed 7-16-70.) 1203.02 INTENT. For the purpose of interpreting this Zoning Code, the following terms, phrases, words and their derivatives shall have the meanings given herein and shall be construed as if followed by the words "or part thereof." Words used in the singular include the plural. (a) The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of a criterion or standard is desired and essential unless commensurate criteria or standards are achieved. (b) All words used in the present tense shall include the future tense, unless the context clearly indicates the contrary. (c) The phrase "used for" shall include "arranged for", "designed for", "intended for", "maintained for" or "occupied for".

April 2009 Replacement 1203.03 ZONING CODE 62

(d) The term "such as" shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative. (Ord. 1969-169. Passed 7-16-70.) 1203.03 GENERAL TERMS. As used in this Zoning Code: (a) "Board" or "Board of Appeals" means the Board of Zoning Appeals. (b) "Build" includes establish, construct, erect, assemble, reconstruct, enlarge and alter. (c) "City" means the City of Westlake. (d) "Clerk" means the duly acting and qualified Clerk of Council of the City. (e) "Code" means the Zoning Code of the City, being Ordinance 1969-169, passed July 16, 1970, as amended, codified as Part Twelve of these Codified Ordinances. (f) "Commission" means the City Planning Commission. (g) "Director of Inspections" means the Director of the Department of Buildings, Structures and Inspections. (h) "Council" means City Council of Westlake. (i) "Criterion" means a principle by which the planning of a subdivision or development area shall be guided. (j) "Developer" means a person commencing proceedings under this Zoning Code to effect a subdivision or development of land for himself or for another. (k) "District" means a section of the City for which uniform zoning regulations, as provided herein, govern the use of land, structures and premises, the permitted height and area of structures and the area or open spaces about structures. (l) "Engineer" means the Director of the Department of . (m) "Notice" means a written announcement delivered to the person addressed or left at his usual place of residence before the event or action to which it refers will take place. (n) "Person" means an individual, firm, association, corporation, trust or any other legal entity, including his or its agents. (o) "Public hearing" means a hearing open to the public, held after public notice thereof has been given, at which any person shall be entitled to be heard concerning the subject matter of the hearing. (p) "Public notice" means a notice given by publication at least once a week for two consecutive weeks in a newspaper of general circulation in the City. (q) "Regulation" means a rule, restriction or other mandatory provision intended to control, require or prohibit an act. (r) "Standard" means a test, measure, model or example of quantity, extent or quality. (s) "Subdivision" means a division of any parcel of land shown as a unit or as contiguous units in the current records of the County Recorder, into two or more lots, parcels, sites or other divisions of land, any one of which is five acres or less, for the purpose, whether immediate or future, of transfer of ownership including: 63 Definitions 1203.04

(1) "Minor subdivision" means the proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving not more than five lots. (2) "Major subdivision" means a division of a parcel into two or more lots when such subdivision involves the opening, widening or extension of any street or the granting of easements for the extension and maintenance of sewer, water, storm drainage or other facilities. Any division of a parcel into more than five lots is a major subdivision. A division of land into parcels of more than five acres for agricultural purposes not involving new streets or easements of access, or a division, sale or exchange of parcels between adjoining lot owners, where such exchange does not create additional building sites, shall not be considered a subdivision. (t) "Subdivision regulations" means the Planning and Platting Code of the City, codified as Part Eleven of these Codified Ordinances. (u) "Variance" means a deviation from the requirements of this Zoning Code granted by the Board of Zoning Appeals in cases of practical difficulty or unnecessary hardship under the provisions of and as limited by Chapter 1233. (v) "Drainageway" means an open or enclosed storm drainage facility which includes storm sewer ditch, natural stream, watercourse or retention facilities, but excluding swales. (w) "Swale" means an open, depressed land surface area constructed to collect and drain surface water runoff from land adjacent thereto to a ditch, open or enclosed storm sewer, natural stream or watercourse. (x) "Storm sewer" means that portion of a drainageway that is enclosed in conduit and located below the surface of the ground. (y) "Ditch" means an open, natural or excavated land surface area constructed to collect and drain surface water runoff from lands draining thereto to an open or enclosed storm sewer, natural stream, or watercourse. (z) "Director of Planning" means the Director of Planning and Economic Development. (Ord. 1988-70. Passed 6-16-88.) (aa) “Wholesale sales” means to sell tangible personal property for the purpose of resale. (bb) “ sales” means to sell tangible personal property directly to the customer for final use or consumption. (Ord. 1995-125. Passed 10-5-95.) (cc) “Preschool” means a licensed or unlicensed child day care or child instructional program conducted predominately for children who have not yet entered kindergarten and who are not of compulsory school age. (Ord. 1997-239. Passed 4-2-98.) (dd) “Professional services” means a service, the performance of which requires a license from the State of Ohio and for the purposes of these zoning regulations is limited to: insurance, legal, medical, dental, architectural and engineering. (Ord. 2007-141. Passed 12-6-07.) 1203.04 AREAS. (a) "Area of buildings" means the area at the ground level of the main building and all accessory buildings, excluding unenclosed , terraces and steps, measured from the outside surface of exterior .

April 2009 Replacement 1203.05 ZONING CODE 64

(b) "Area of dwelling unit" means the sum of the gross areas above the cellar level, including those and having a minimum height of seven feet six inches and having the natural light and ventilation as required by the Building Code; rooms above the first floor may be included which are directly connected by a permanent and , and spaces under pitched roofs having a minimum knee height of four feet if two-thirds of the area has a minimum ceiling height of seven feet. (See also Section 1211.25). (c) "Area of lot" means the total horizontal area within the lot boundary lines of a zoning lot. (d) "Floor area" means floor space enclosed by exterior walls or fire walls or by a combination of the two. (e) "Gross floor area" means the sum of the horizontal areas of the several of a structure at or above ground level, excluding areas used for accessory purposes and such areas as are devoted exclusively to uses accessory to the operation of the main structure. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches. (f) "Service floor area" means the full floor area used or intended to be used in merchandising, service, amusement, assembly places or similar types of use, for service to the public as customers, patrons, clients, patients or tenants, and includes areas occupied by fixtures and equipment used for service, display or sale of merchandise. It does not include floor areas used principally for nonpublic purposes, such as the storage or packaging of merchandise or laboratory work. The service floor area for business and professional offices, clinics and establishments shall be the gross floor area of the structure occupied. (Ord. 1969-169. Passed 7-16-70.) 1203.05 AUTOMOTIVE USES. (a) "Private garage" means an accessory building or part of the main building used primarily for the parking or temporary storage of passenger automobiles of occupants of single or two-family dwellings, and in which no occupation, business or service shall be conducted for remuneration. A "garage" is used synonymously with "enclosed parking area." (b) "Storage garage" means an accessory building or part of the main building, other than a private garage, used for the parking or temporary storage of automobiles or trucks, and in which no occupation, business or service, may be conducted for remuneration. (c) "Repair garage" means a main or accessory building in which general repair work is performed or which is designed to be used for performance of work on motor vehicles. (d) "Service garage" means a repair garage accessory to an automobile salesroom. (e) "Off-street parking facility" means an open or enclosed area (garage) accessible from a public street or drive used only for parking automobiles of owners, occupants, employees, customers or tenants of the main use.

April 2009 Replacement 65 Definitions 1203.06

(f) "Automotive service station" means a building and land, including pumps, tanks and equipment, for retail sale of gasoline, lubricants, batteries, tires and other automobile accessories, and which is limited to performing minor services, installations and repairs. (g) "Parking space" means an area not less than nine feet wide and not less than twenty feet long exclusive of all drives, aisles, ramps and turning space which is designed for the storage of one automobile. (h) "Off-street loading facility" means an open or enclosed area as part of a building accessible from a public street or drive, designed for the loading or unloading of goods and products from the main use. (Ord. 1969-169. Passed 7-16-70.) 1203.06 BUILDINGS AND STRUCTURES. (a) "Structure" means anything built or erected, including, but not limited to, buildings, shelters, stadia, reviewing stands, bandstands, display stands, bleachers, booths, swimming pools, skating rinks, platforms, towers, bridges, trestles, frameworks, bins, fences, barriers, poles, tanks above or below ground and signs. "Structure" also means the supporting framework thereof and appurtenances thereto. The term "structure" does not include trailers and other vehicles whether on wheels or other supports. (b) "Building" means a structure which is permanently affixed to the land, having one or more floors and a , being bounded by either open spaces or lot lines and which is used as a shelter or enclosure for persons, animals and/or property. This term shall be used synonymously with "structure" unless otherwise noted, and shall be construed as if followed by the words "part or parts thereof." (c) "Main structure" means the structure or space occupied by the chief use or activity on the premises. (d) "Accessory building" means a subordinate building located on a lot containing a main building and the use of which is customarily incidental to that of such main building. (e) "Building line", synonymous with "setback", means a line established by this Zoning Code, generally parallel with and measured from a front lot line, defining the limits of a in which no building or structure above ground may be located, except as otherwise provided herein. (f) "Completely enclosed building" means a building separated on all sides from the adjacent open space or from the other buildings, and which is enclosed by a permanent roof and by exterior walls or party walls, pierced only by and . (g) "Detached building" means a building surrounded by open space.

April 2009 Replacement 1203.07 ZONING CODE 66

(h) "" means a story or space with a floor level more than two feet below adjoining ground but having less than half its clear height below adjoining ground. (i) "Cellar" means a space having half or more than half of its clear height below adjoining ground. (j) "Story" means that portion of a structure between the surface of any floor therein and the surface of the floor next above or if there is no floor above, that portion of a structure included between the surface of a floor and the surface of the ceiling next above. (k) "Half story" means a story under a gabled, hipped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story. (l) "Seat" means a facility installed or indicated for the seating of one adult person, and includes each twenty lineal inches of benches, pews or space for loose chairs or similar seating facilities. (m) "Structure height" means the vertical distance measured from the grade level to the highest point of a structure unless otherwise specified. (Ord. 1969-169. Passed 7-16-70.) (n) "Satellite receiving dish" means a parabolic shaped antenna and receiving equipment oriented toward a fixed orbit satellite for receiving and processing RF (radio frequency) signals. (Ord. 1984-5. Passed 9-6-84.) 1203.07 FAMILY. (a) "Family" means either one individual, two or more persons related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption, who live together in one dwelling unit and maintain a common household. (b) "Roomer" means a person, other than a member of the family as defined in subsection (a) who rents one or more rooms in a dwelling from the resident family. (Ord. 1969-169. Passed 7-16-70.) 1203.08 DWELLINGS AND OTHER LIVING ACCOMMODATIONS. (a) "Dwelling unit" means rooms providing complete living facilities for one family, including equipment for cooking or provision for the same, and including rooms for living, sleeping and eating. (b) "Dwelling" means a structure designed for occupation as a residence by one or more families each living independently in a separate dwelling unit. (c) "One-family dwelling" means a detached building designed for occupation exclusively as the residence of one family.

April 2009 Replacement 67 Definitions 1203.08

(d) "Two-family dwelling" means a detached building designed for occupation as the residence of not more than two families, each living in a separate dwelling unit. The dwelling units may be divided horizontally or vertically. (e) "Multi-family dwelling" means a structure other than a single-family dwelling, two- family dwelling or institution, designed for occupation as a residence by three or more families each living and occupying rooms in apartments, suites or groups, each such apartment, suite or group comprising a dwelling unit. (1) "Townhouse" means a multi-family dwelling comprised of at least three dwelling units attached by common fireproof walls, each unit having at least two separate exterior entrances on the ground floor, with no common , foyer or similar serving more than one apartment. Included are townhouse types such as , house, rowhouse and attached single-family dwellings. (2) "Apartment" means a multi-family dwelling comprised of three or more dwelling units, apartments, arranged side by side and/or one above the other, and each having a separate entrance or entrances connected to a common outside entrance or entrances. (f) "Accessory living accommodations" means a building, or part thereof, used solely as accommodations for occupants, personal guests or persons employed on the premises, or other nonpaying transients and in which no cooking or similar housekeeping equipment is provided. (g) "House trailer" means a self-propelled or nonself-propelled vehicle so designed, constructed or added to by means of accessories in such a manner as will permit the use and occupancy therein for human habitation whether resting on wheels, jacks or other foundations and used or so constructed so as to permit its being used as a conveyance upon the public highways. (h) "Hotel or motel" means a building containing living and sleeping accommodations for transient occupancy for compensation. (i) "Rooming house" means a structure or part thereof in which sleeping rooms are available for hire as lodging, with or without meals. (j) “Assisted living facility” means a facility housing persons of retirement age providing personal care and supportive services including accessory uses such as central eating facilities, health center and recreation facilities for the comfort and convenience of the residents therein. (k) "Extended stay hotel" means a building containing living, eating and sleeping accommodations for transient occupancy for compensation. (Ord. 1986-120. Passed 9-4-86; Ord. 1997-246. Passed 2-19-98; Ord. 1999-182. Passed 7-20- 00.) (l) “Independent living facility” means a multi-family dwelling facility housing persons of retirement age in individual apartments and may include limited supportive services such as meals, transportation and housekeeping. (Ord. 1999-182. Passed 7-20-00.)

April 2009 Replacement 1203.09 ZONING CODE 68

1203.09 GRADES. (a) "Established street grade" means the elevation established by the City at the roadway center line or curb in front of the lot. (b) "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill. (c) "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement. (d) "Grade level" means the mean elevation of ground adjoining a main structure on all sides. (e) "Curb level" means the elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration. Where no curb level has been established, the elevation of the ground at the center of the traveled portion of the street in front thereof shall be considered the equivalent of the curb level, and where the building does not adjoin the street, the average elevation of the proposed grade line of the ground immediately adjacent to the building, as shown on the building plans, shall be considered as the curb level. (Ord. 1969-169. Passed 7-16-70.) 1203.10 HOME OCCUPATIONS. "Home occupation" means an occupation incidental and secondary to the use of the dwelling for residential purposes, conducted wholly within a dwelling only by members of the resident family. (Ord. 1969-169. Passed 7-16-70.) 1203.11 LOTS. (a) "Lot" means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded survey map or by metes and bounds. (See also Section 1123.03 of the Planning and Platting Code.) (b) "Lot of record" means land designated as a separate parcel on a plat map or deed in the records of the County. (c) "Zoning lot" means a parcel of land abutting a dedicated street, occupied or intended to be occupied by a main and/or accessory use or a main or accessory building as a unit together with such open space as required by the Zoning Code. Unless the context clearly indicates the contrary, the term "lot" is used synonymously with "zoning lot" in the Zoning Code and it may or may not coincide with a lot of record. (d) "Corner lot" means a lot abutting on two streets at their intersection, if the interior angle of intersection is not more than 135 degrees.

April 2009 Replacement 69 Definitions 1203.11

(e) "Interior lot" means a lot other than a corner lot or through lot. (f) "Through lot" means a lot which has two street lines opposite each other, and which adjoins public, common or private land, including a public street. (g) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with "street line". (h) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line. (i) "Side lot line" means a lot line which is neither a front nor rear lot line. (j) "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines. (k) "Lot width" means the horizontal distance of a lot measured along the setback or minimum building line established by this Code and at a right angle to the mean depth line. Width at the front lot line is measured on the street line. (l) "Private land" means land in a subdivision or development area which is adjoining, attached and assigned to the land occupied by a one-family or townhouse dwelling, held as an open space in common ownership with other dwellings in the subdivision or development area, and which shall be identified on subdivision and development plans submitted to the City. It is similar to the term "exclusive use of the limited common areas" under condominium property. (m) "Common land" means land in a subdivision or development area not owned as private land or occupied by dwellings created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment by or for the owners or occupants of the dwellings in a development area. It is similar to the term "undivided common areas and facilities" under condominium property. (n) " association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member and each lot is subject to charges for a proportionate share of the expenses for the organization's activities such as maintaining the common property. (Ord. 1991-2. Passed 3-7-91.)

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1203.12 MAPS, PLANS AND PLATS. (a) "Map" means a drawing showing geographic, topographic or other physical features of the land. (b) "Plan" means a drawing of a proposed design or of work to be performed. (c) "Plat" means a map of a lot, parcel or subdivision on which the lines of each element are shown by accurate distances and bearings. (d) "Guide Plan" means a composite of the mapped and written proposals for the future development of the City, duly adopted by the Planning Commission and/or Council, indicating its, or their, recommendations for the uses of private land, public open spaces and buildings and the general street system. (e) "Community Facilities Plan" means the Plan which shows the location and extent of existing, planned and proposed parks, playgrounds, public land and buildings and other public facilities for the City, duly adopted or officially accepted, separately or as a part of the Guide Plan. (f) "Street Plan" or Thoroughfare Plan" means the plan which shows general location and extent of existing planned and proposed streets and other transportation facilities for the City, duly adopted or officially accepted, separately or as a part of the Guide Plan. (g) "Area Plan" means a plan prepared by the City of implementing components of the Guide Plan and may include, but is not limited to design, bulk, use, height, location and arrangements of buildings in respect to streets, open spaces, other structures and natural features. (h) "Development area" means the area of a parcel or assembled parcels of land required by the Zoning Code to be developed by a single owner or a group of owners, acting jointly under a planned development procedure. (i) "Urban Renewal Plan" means a plan prepared by the City which shows recommendations and plans for conservation, rehabilitation or redevelopment actions for a renewal area or areas of the City. (j) "Sketch plan of a subdivision" means a sketch for the purpose of and approval of minor subdivisions. (k) "Preliminary plan" means a drawing prepared by a developer for the purpose of study of a major subdivision of land, which when approved by the designated authority permits proceeding with the preparation of the final plat of a subdivision. (l) "Final plat" means the final map prepared by a developer based upon the approved preliminary plan of a subdivision. After the land improvements are constructed or construction guaranteed, such approved plat is recorded. (m) "Development plan" means the site plan, drawings and information required as provided in Chapter 1220. (Ord. 1969-169. Passed 7-16-70.)

April 2009 Replacement 71 Definitions 1203.17

1203.13 NONCONFORMING BUILDING, LOT AND USE. (a) "Nonconforming building" means a building existing lawfully at the time this Zoning Code, or an amendment thereto, became effective but which does not conform to the area, height, or bulk of building, yard or other regulations of the district in which it is located. (b) "Nonconforming lot" means a lot existing lawfully at the time this Zoning Code, or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located. (c) "Nonconforming use" means the use of a building or land existing lawfully at the time the Zoning Code, or an amendment thereto, became effective but which does not conform to the use regulations, off-street parking and loading requirements, performance standards or other use regulations of the district in which it is located. (Ord. 1969-169. Passed 7-16-70.) 1203.14 OCCUPANCY CERTIFICATE. "Occupancy Certificate" or "Certificate of Occupancy" means an official statement certifying that a building, other structure or parcel of land is in compliance with the provisions of all existing codes or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon. (Ord. 1969-169. Passed 7-16-70.) 1203.15 PERFORMANCE STANDARD. "Performance standard" means a criterion established to control the dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings. (Ord. 1969-169. Passed 7-16-70.) 1203.16 SIGNS. (a) "Sign" means a structure or part thereof or any device attached to or painted directly or indirectly on a structure or parcel of land, and which shall display or include any letter, work, model, banner, pennant, insignia, device or other representation to direct attention to a person, institution, organization, activity, place, object, product or business. (b) "Embellishment" means features added to , other than the lettered sign and trademarks, either to support, hang or to add aesthetic value to a sign. (Ord. 1969-169. Passed 7-16-70.) 1203.17 STREETS. (a) "Street" means a public thoroughfare more than twenty feet in width which has been dedicated or deeded to the City for public use. (b) "Side street" means the street along the side line of a corner lot.

April 2009 Replacement 1203.17 ZONING CODE 72

(c) "Street line" means the line dividing a lot from a street, whether the street is improved or unimproved. (d) "Mapped street line" means the boundary of an area within which a future street or the extension of an existing street is planned as indicated on the Guide Plan, Thoroughfare Plan or local plan approved by the Planning Commission, or the boundary of an area within which, on any such plan, there is indicated the relocation, widening or narrowing of an existing street. (e) "Alley" means a public thoroughfare not more than twenty feet in width which has been dedicated or deeded to the City for public use and affords access to abutting property. (f) "Alley line" means the lot line dividing a lot from an alley. (g) "Freeway" means a divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade-separated interchanges. (h) "Major or arterial street" means a public street which is used primarily for moving fast or heavy traffic between larger or intensively developed districts. (i) "Secondary or collector street" means a street supplementary to and connecting major streets to local streets. (j) "Local street" means a street primarily for access to abutting residential properties and which serves local needs. (1) "Cul-de-sac" means a street, one end of which connects with another street and the other end of which terminates in turning facilities for vehicles. (2) "Marginal access street" means a local street providing access to lots which abut or are adjacent to a freeway or arterial street. (k) "Private street" means a street held in private ownership. (l) "Right of way" means all of the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes. (1) "Roadway" means that portion of a right of way available for vehicular travel, including parking lanes. (2) "Tree lawn" means that portion of a right of way lying between the exterior of the roadway and the outside right-of-way line. (m) Other rights of way, as follows: (1) "Pedestrian way" means a dedicated public right of way used solely for pedestrian circulation. (2) "Easement" means a grant by a property owner of the use of land for a special purpose by the general public, a corporation or another person.

April 2009 Replacement 73 Definitions 1203.18

(3) "Swale easement" means the land required for construction, reconstruction or maintenance of a swale. (4) "Drainage easement" means the land required for construction, reconstruction or maintenance of the open portion of a drainageway. (5) "Storm sewer easement" means the land required for construction, reconstruction or maintenance of an enclosed drainageway. (Ord. 1987-43. Passed 3-19-87.) 1203.18 USE. (a) "Use" means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied, or any occupation, business, activity or operation carried on in a building or other structure or on land. (b) "Main use" means the principal purpose of, or activity in a building, other structure or land. (c) "Accessory use" means a subordinate use located on the same lot with a principal use and for a purpose customarily incidental to such principal use. (d) "Conditional use" means an uncommon or infrequent use which may be permitted in specific districts, subject to the compliance with certain standards and explicit conditions, and the granting of a Conditional Use Permit. (e) "Athletic field" means an open field used for athletic or other events. (f) "Day " means a place for the care of children. (g) "Farming" means cultivation of the natural soil unenclosed by any structure other than a fence. (h) "Garden" means a tract of land devoted to outdoor cultivation of flowers, fruits or small plants and unenclosed by any structure other than a fence. (i) "Golf course" means an outdoor area designed for the playing of golf in which the length of any fairway between its tee and hole is not less than fifty yards. (j) "Commercial greenhouse" means a greenhouse used for the raising of products for sale. (k) "Private greenhouse" means a greenhouse containing not more than 260 square feet of gross floor and which is not used for the raising of products for sale. (l) "Hand laundry" means a laundry which occupies not more than 1,000 square feet of floor space. (m) "Hospital" means a building in which people are temporarily harbored for medical, mental or surgical treatment. (n) "Nursery school" means a school for training children of not more than five years of age.

April 2009 Replacement 1203.19 ZONING CODE 74

(o) "Drive-in restaurant or service" means any establishment or restaurant which sells and/or services food and beverages, permits or encourages the placing of an order, paying for products and/or serving food for a customer who is outside of the building and within a motor vehicle or as a pedestrian using a drive-in or walk-up , counter and/or remote speaker. Drive-in eating facilities or services shall be prohibited except in interchange service and shopping center districts. (p) "Standard restaurant" means an establishment selling and serving food and beverages principally for consumption on the premises with all orders and service taking place within the building. Normal use consists of customers served at tables or counters with consumption within the building. At a standard restaurant, carry-out products may be purchased within the building for consumption off premises and shall be permitted only as an accessory use to the principal operation of a standard restaurant. For a standard restaurant drive-in eating facilities or service shall be prohibited except in interchange services and shopping center districts. (q) "Fast-food restaurant" means an establishment selling and serving food and beverages in a ready-to-consume state for consumption within the building at tables and counters or off-premises as carry-out orders. The placing of orders, payment and service take place at serving counters from posted menus and food and beverages are dispensed in disposable wrappings and containers. In a fast-food restaurant carry-out service shall be permitted as an accessory use to the principal operation of a restaurant with on-premise consumption of food. In a fast-food restaurant, drive-in facilities or services shall be prohibited except in interchange services and shopping center districts. (r) "Nursing home" means a home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care and of individuals who require personal assistance but not skilled nursing care. (Ord. 1987-277. Passed 2-18-88.) (s) "Large retail store" means a large single store unit of 100,000 square feet or more of floor area that is either free standing or part of a shopping center. “Floor area” for a large retail store is defined in Section 1203.04(d) and means the area at the ground level of the main building and all accessory buildings and uses whether within or without the structures, excluding unenclosed porches, terraces and steps, not used for retail sales. (Ord. 1999-161. Passed 4-20-00.) (t) "Shopping center" means a complex of retail stores, shops and restaurants or other permitted businesses grouped together about a common parking lot with each store, shop and/or restaurant or other permitted business having individualized entrances. (Ord. 1993-74. Passed 7-15-93.) 1203.19 YARDS AND COURTS. (a) "Yard" means that portion of the open area on a zoning lot extending between a building and the nearest lot line, open and unobstructed from the ground upward except for projections as permitted in this Zoning Code.

April 2009 Replacement 75 Definitions 1203.19

(b) "Front yard" means the yard extending from the front wall of the principal building to the street line, across the full width of the lot, except that the front yard shall be measured from the mapped street line on all streets proposed for widening, as indicated on the Thoroughfare Plan and local street plans approved by the Planning Commission. (c) "Rear yard" means a yard extending the full width of a lot between the nearest wall of the main structure located thereon and the rear lot line. (d) "Side yard" means a yard extending from the front yard to the rear yard of the lot and between a side lot line and the nearest wall of the building. The side yard of a corner lot is the yard measured from an existing or mapped street right of way as indicated on the Thoroughfare Plan and local street plans approved by the Planning Commission. (e) "Required yard" means the minimum yard required between a lot line and a building line in order to comply with the regulations of the district in which the zoning lot is located. (f) "Court" means an open unoccupied space, other than a yard, of which two or more sides are bounded by the exterior walls of a building. (g) "Court length" means the court's horizontal dimension measured parallel to the front wall of the building. (Ord. 1969-169. Passed 7-16-70.)

April 2009 Replacement April 2009 Replacement 77

CHAPTER 1205 Establishment of Code and Map

1205.01 Districts. 1205.04 District boundary lines. 1205.02 Regulations. 1205.05 Annexed territory. 1205.03 Zone Map. CROSS REFERENCES Zoning Map changes - see PRELIM. UNIT, TABLE 1 Residential districts - see ZON. Ch. 1211 Business districts - see ZON. Ch. 1216 Industrial districts - see ZON. Ch. 1218

1205.01 DISTRICTS. For the purpose of this Zoning Code, the following classification of districts is hereby established in the City: Text Zone Map Title Abbreviation Reference Residential Districts One-Family F-1F-80 A One-Family Cluster R-1F-Cluster W Two-Family R-2F-100 B Multi-Family-40 R-MF-40 C Multi-Family-24 R-MF-24 D Multi-Family-15 R-MF-15 E Business Districts Office Building OB F Executive Office Park EOP N Shopping Center SC G General Business GB H Interchange Services IS I Recreation Business RB J Automobile Parking AP P Hotel/Motel HM T Integrated Shopping Center ISF S Industrial Districts Office-Laboratory OL K Exclusive Industrial EI L Exclusive Office Laboratory EOL R Health Campus District HC M Planned Districts Planned Unit Development PUD Y Planned Office Building PO U (Ord. 2000-37. Passed 4-20-00.)

April 2009 Replacement 1205.02 ZONING CODE 78

Whenever the abbreviated terms, R-1F-80, R-MF-15, OL, etc. are used in this Zoning Code, the abbreviated term shall be construed as referring to the corresponding district titles as set forth above. (Ord. 1980-120. Passed 10-15-81.) 1205.02 REGULATIONS. The use, area and yard regulations, the building area, bulk, coverage and height regulations, the off-street parking and loading requirements, sign regulations, provisions for performance standards, nonconforming uses, similar uses, and conditional uses and all the other regulations set forth or referred to in this Zoning Code are hereby established. Buildings and land shall be used, the use of buildings and land shall be changed or extended, buildings shall be designed and erected, and existing buildings or uses shall be altered, converted, enlarged, reconstructed or moved only in conformance with these regulations. The classification of districts set forth in Section 1205.01 shall not be construed as an enumeration of most restrictive to least restrictive districts except for those purposes specifically set forth in this Zoning Code; neither shall it be construed that a use permitted in a certain district shall be permitted by right in a district which is enumerated subsequently, unless such use is specifically permitted in such subsequent district. The main building and use set forth as permitted in the various districts shall be the only principal building and use permitted therein by right. The buildings and uses set forth in the various districts as accessory buildings or uses shall be permitted therein by right as a subordinate building or use provided such use is specifically permitted and incidental to and located on the same zoning lot as the main building or use. (Ord. 1969-169. Passed 7-16-70.) 1205.03 ZONE MAP. The aforesaid districts are designated by symbols and the locations and boundaries of such districts are established on the map entitled "Zone Map of the City of Westlake." The notations, schedules and other information shown thereon and all amendments thereto are hereby made a part of this Zoning Code. The Map shall indicate the approval of the Planning Commission and adoption by Council. The Map, or a print thereof, shall be on file with the Clerk of Council and the Director of Planning. The Director of Engineering shall be the final authority as to the status of current Zoning Map districts. (Ord. 1988-65. Passed 6-16-88.) 1205.04 DISTRICT BOUNDARY LINES. The district boundary lines of the Zone Map enclose an area of a designated district and generally follow the center lines of streets, lot lines or their extensions, provided, however: (a) Where a district boundary line is shown by dimension or relationship as being located a specific distance from and parallel to a street or property line, such distance shall control; (b) Where a district boundary line is shown as adjoining a railroad, it shall, unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right of way;

April 2009 Replacement 79 Establishment of Code and Map 1205.05

(c) Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and the parts of the lot shall comply with the regulations of the district in which each part is located; (d) Where a district boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions or fixed points shown on the Map, it shall be determined by the scale appearing thereon; (e) In locations where the Director of Engineering cannot determine the district line in accordance with the above rules, the Board of Zoning Appeals shall determine the exact location. (Ord. 1969-169. Passed 7-16-70.) 1205.05 ANNEXED TERRITORY. All territory which may hereafter be annexed to the City if already zoned shall be continued in its existing zone classification until amended in conformance with the procedure outlined in the City Charter. (Ord. 1969-169. Passed 7-16-70.)

April 2009 Replacement April 2009 Replacement 81

TITLE THREE - Zoning District Regulations Chap. 1210. Public Recreation and Education District. Chap. 1211. Residential Districts. Chap. 1212. Planned Unit Development District. Chap. 1213. Location of Sexually Oriented Businesses. Chap. 1214. Automobile Parking Districts. Chap. 1215. Planned Office District. Chap. 1216. Business Districts. Chap. 1217. Integrated Shopping Facility District. Chap. 1218. Industrial Districts. Chap. 1219. Health Campus District.

CHAPTER 1210 Public Recreation and Education District 1210.01 Purpose. 1210.04 Minimum yard requirements. 1210.02 Permitted uses. 1210.05 Height regulations. 1210.03 Lot area and width regulations. 1210.06 .

1210.01 PURPOSE. The Public Recreation and Education District is established to provide for the proper zoning control of public land to ensure its preservation and protection for its recreational, aesthetic, and environmental benefits to the community and to ensure that the uses of such park lands remain compatible with the adjacent residential areas. (Ord. 2007-110. Passed 9-18-08.) 1210.02 PERMITTED USES. In the Public Recreation and Education District, land and structures shall be used or occupied, or structures shall be erected, constructed, enlarged, moved, or structurally altered only for a main use, a conditional use in accordance with Chapter 1227, or an accessory use to a permitted main or conditional use specified below and regulated herein. (a) Main Uses. The following uses are main uses permitted by right in a Public Recreation and Education District provided that all requirements of other City ordinances and this Code have been met: (1) Public parks and playgrounds; (2) Public outdoor recreation facilities (including baseball and soccer fields, ponds, trails, tennis and volleyball courts);

April 2009 Replacement 1210.03 ZONING CODE 82

(3) Public Outdoor education facilities; (4) Public Open Space. (b) Conditionally Permitted Uses. Public recreational buildings and educational buildings and uses, may be permitted in a Public Recreation District provided they conform to the conditions, standards and requirements of Chapter 1227 and as listed below. (1) Public elementary and secondary school buildings; (2) Public Recreation center and buildings; (3) Public Golf Courses; (4) Public Community Centers; (5) Public swimming pools. (c) Accessory Uses. The following accessory buildings and uses are permitted in association with and subordinate to a permitted or conditionally permitted use: (1) Off-street parking subject to the regulations of Chapter 1221; (2) Signs subject to the regulations of Chapter 1223; (3) Storage buildings, restrooms and other maintenance facilities; (4) Fences and lighting as required. (Ord. 2007-110. Passed 9-18-08.) 1210.03 LOT AREA AND WIDTH REGULATIONS. The minimum lot area and lot width for each permitted use shall be not less than the area required to accommodate the main and accessory buildings and uses, on-site circulation, off-street parking and required yards. (Ord. 2007-110. Passed 9-18-08.) 1210.04 MINIMUM YARD REQUIREMENTS. The following minimum yards shall be provided in the Public Recreation and Education District: (a) Front and Corner Side Yards. A front and corner side yard shall be provided with a yard no less than one hundred feet (100') in depth for any buildings or structures and not less than fifty feet (50') for any recreation facility, court or field. (b) All Other Yards. A minimum setback for buildings and recreational uses other than lawns and landscaping shall be not less than fifty feet (50') from an adjacent residential district. A landscaped buffer of no less than twenty feet (20') when abutting a residential district and no less than ten feet (10') when abutting any other district shall be provided. (Ord. 2007-110. Passed 9-18-08.) 1210.05 HEIGHT REGULATIONS. In the Public Recreation and Education District, the height of any building for a permitted main use shall not exceed forty feet (40'), and any permitted accessory structure shall not exceed twenty feet (20') unless permitted elsewhere in this Zoning Code. (Ord. 2007-110. Passed 9-18-08.) 1210.06 LIGHTING. Floodlighting and other lighting of recreational facilities, buildings and parking areas shall be located and designed so as to shield the light source from adjoining residences. (Ord. 2007-110. Passed 9-18-08.)

April 2009 Replacement 82A

CHAPTER 1211 Residential Districts 1211.01 Intent. 1211.19 Yards for multi-family 1211.02 Use regulations. dwellings. 1211.03 Schedule of permitted 1211.20 Yards for accessory buildings buildings and uses. and uses; One-Family and 1211.04 Accessory uses. Two-Family Districts. 1211.05 Temporary structures. 1211.21 Yards for accessory buildings 1211.06 Removal of soil. and uses; Multi-Family 1211.07 Buildings permitted on zoning Districts. lot. 1211.22 Projections of building features. 1211.071 Means of access in Single Family 1211.23 Exceptions to height regulations. Cluster Districts. 1211.24 Dwelling unit area require- 1211.08 Area, yard and height ments; measurement regulations. standards. 1211.09 Schedule of area, yard and 1211.25 Schedule of minimum dwelling height regulations. unit area requirements. 1211.10 Supplementary area and width 1211.26 Development plans. regulations. 1211.27 Satellite transmitting/receiving 1211.11 Required lot area to be dish. maintained. 1211.28 Limited commercial use of 1211.12 Lots of record of insufficient historical buildings and sites. area or width. 1211.29 Nursing home; assisted living 1211.13 Lot area for group facility in single-family development. districts. 1211.14 Supplementary yard 1211.30 Outdoor storage and parking regulations. of recreational equipment; 1211.15 Required yards to be prohibition and exceptions. maintained. 1211.31 Supplementary design 1211.16 Front yards or partially regulations. built-up blocks. 1211.32 Family homes for the handi- 1211.17 Side yards, insufficient width. capped in Single-Family 1211.18 Yards of corner lots. District. 1211.33 Supplemental regulations for estate sized single family lots.

April 2009 Replacement 1211.01 ZONING CODE 82B

CROSS REFERENCES Animal regulations - see GEN. OFF. Ch. 505 Horses - see GEN. OFF. 505.17 Fences and hedges - see GEN. OFF. 511.06 Design standards for subdivisions - see PLAN. & PLAT. Ch. 1127 Business district regulations - see ZON. Ch. 1216 Industrial district regulations - see ZON. Ch. 1218 Development plans for Multi-Family Districts - see ZON. 1220.01 et seq. Off-street parking and loading facilities - see ZON. Ch. 1221

1211.01 INTENT. Residential district and their regulations are established in order to achieve, among others, the following purposes: (a) To regulate bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district; (b) To provide lots with adequate width to accommodate the development of of contemporary standards of design; (c) To regulate density and distribution of population in accordance with a plan to avoid congestion and to maintain adequate services; (d) To assure that the capacity of the sewage treatment plant and trunk lines, planned and scheduled for construction and predicated upon these standards of development will not be exceeded; (e) To protect against the added cost, delay and uncoordinated patterns of public school service areas which would accrue from changes in the planning and programming of the public school building program which has been predicated upon these standards of development; (f) To provide protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic and other objectionable influences; (g) To protect the desirable characteristics of both existing and planned residential development; to maintain stability; and (h) To promote the most desirable and beneficial use of the land based upon the Guide Plan and directed to bring about the eventual conformity with the Plan as it may be amended. (Ord. 1969-169. Passed 7-16-70.) 1211.02 USE REGULATIONS. Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in residential districts only for the uses set forth in the schedules and use regulations of this Zoning Code.

April 2009 Replacement 83 Residential Districts 1211.02

(a) The main buildings and uses set forth in the Schedule, Section 1211.03, shall be permitted by right as the principal building or use of a zoning lot only in a district in which it is specifically permitted. (b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council according to procedures and standards set forth in Chapter 1227. Only those uses so enumerated in the Schedule, Section 1211.03, may be approved in the specific districts. (c) The accessory buildings and uses set forth in the Schedule, Section 1211.03, shall be permitted as a subordinate building or use, which is clearly incident to and located on the same zoning lot as the main building or use, and shall be located only in a district in which it is specifically permitted. (Ord. 1969-169. Passed 7-16-70.)

April 2009 Replacement 1211.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.

District Main Buildings and Uses Conditional Buildings and Uses Accessory Buildings and Uses R-1F-80 (a) One-family dwelling (a) Library, museum and art gallery (a) Private garage and private (b) Public park, playground, (b) Golf course parking area and other public (b) Private garden, structures, recreational use garden ponds, fence, wall, hedge (c) Agricultural use including (c) Public or quasipublic (c) Private greenhouse building pertaining thereto nonprofit recreational (d) Renting of room but not including or community center (e) Garden commercial greenhouse (d) Nursing home (f) Raising of domestic animal (d) Church Assisted living facility (g) Private (e) Public and parochial (e) Family homes for the (h) Vehicular recreational equipment primary or secondary handicapped in R-1F-80 (i) Central air conditioning school and public and District (j) Signs private college or university (f) Wireless cellular and PCS communication (k) Utility building (f) Fire and police station, tower only when the main use is a (l) Home occupation City Hall and school municipal or federal facility listed (m) Satellite Receiving Dish administration buildings. under Main Buildings and Uses. (For conditions see Section 1211.27) (g) Preschool facility when the main (n) Incidental recreational uses use is a church or public or parochial (excluding tennis courts) primary or secondary school. traditionally associated with single family usage. (o) Recreational courts on estate sized parcels only. See Section 1211.33.

R-2F-100 (a) Main uses permitted in (a) Conditional uses permitted (a) Accessory uses permitted in R-1F-80 District in R-1F-80 District R-1F-80 District (b) Two-family dwelling

R-MF-40 (a) Main uses permitted in (a) Conditional uses permitted in (a) Accessory uses permitted in R-2F-100 District R-2F-100 District R-2F-100 District (b) Multi-family dwelling (c) Main uses permitted in

R-1F-Cluster 84

April 2009 Replacement 85

1211.03 SCHEDULE OF PERMITTED BUILDINGS AND USES. (Cont.)

District Main Buildings and Uses Conditional Buildings and Uses Accessory Buildings and Uses R-MF-24 (a) Main uses permitted in (a) Conditional uses permitted in (a) Accessory uses permitted in R-MF-40 District R-MF-40 District and: R-MF-40 District (b) Golf course (b) Hospital (b) Recreational facilities for (c) Public or quasi public Nursing home the exclusive use of residents nonprofit recreational or Assisted living in the development community center Independent living facility (c) Limited commercial use of historical buildings and sites. (For conditions see Section 1211.28)

R-MF-15 (a) Main uses permitted in (a) Conditional uses permitted in (a) Accessory uses permitted in R-MF-24 District R-MF-24 District R-MF-24 District

R-1F (a) Main uses permitted in (a) Conditional uses permitted in (a) Accessory uses permitted in Cluster R-1F-80 District R-1F-80 District R-1F-80 District (b) Single-Family detached cluster homes (Ord. 1988-246. Passed 4-20-89; Ord. 1989-40. Passed 5-4-89; Ord. 1990-38. Passed 4-19-90; Ord. 1996-157. Passed 11-21-96; Ord. 1997-76. Passed 5-15-97; Ord. 1997-115. Passed 6-19-97; Ord. 1997-139. Passed 9-4-97; Ord. 1997-239. Passed 4-2-98; Ord. 1999-5. Passed 4-1-99; Ord. 1999-172. Passed 12-2-99; Ord. 1999-182. Passed 7-20-00.)

April 2009 Replacement 1211.04 ZONING CODE 86

1211.04 ACCESSORY USES. Accessory uses in all residential districts shall be permitted as provided in this section and in Sections 1211.20 and 1211.21. (a) Private Garage or Parking Spaces for Automobiles and Other Motor Vehicles. (1) Open off-street parking areas with one private or storage garage per dwelling are permitted in residential districts if accessory to a dwelling or an approved main or conditional use set forth in Section 1211.03, and are required for all uses in accordance with the standards set forth in Chapter 1221. (Ord. 1991-194. Passed 1-16-92.) (2) On lots of single family and two-family uses, private garages may be attached or detached, but not both, and shall be limited to one garage area in accordance with the following: Lot Size Maximum Garage Space (Square Feet) (Square Feet) 20,000 or less 800 More than 20,000 but less than 40,000 1,000 40,000 or more 1,200 No garage shall exceed 1,200 square feet. No more than a total of thirty lineal feet of garage opening space shall be allowed to face the street or streets abutting the property. A detached private garage on a lot of 75 feet in width or less shall be located in the rear yard in such a manner as to provide a minimum five-foot side yard line setback and a minimum five-foot rear line setback, except on the street side of a corner lot which shall provide a thirty-foot side yard setback. Otherwise, a detached private garage shall be located in the rear yard in such a manner as to provide a minimum ten-foot side yard line setback and a minimum ten foot rear line setback except on the street side of a corner lot which shall provide a thirty-foot side yard setback. A detached private garage shall not exceed fifteen feet in height from the average grade line to the peak of the gable. (Ord. 2008-61. Passed 2-19-09.) (3) No person shall rebuild, overhaul or dismantle an automobile or store motor or body parts in an open yard. (4) Only one truck not exceeding three-fourths ton capacity may be stored on a lot in any residential district, provided such truck is stored in a garage and is used solely by the occupant of the dwelling. (5) Driveways to a garage or accessory parking area are permitted in a required yard. (6) No person shall park a motor vehicle on any driveway leading to parking areas, except on one-family and two-family dwelling uses, in any residential district. (7) The parking of motor vehicles on any lot shall be permitted only on the paved or improved parking areas designated and permitted as parking areas under this Zoning Code, except as provided in Section 1211.30. (8) Parking areas on lots in any residential district, other than on lots of single- family or two-family uses, shall be located a minimum of fifty feet from any single-family or two-family dwelling. (Ord. 1991-194. Passed 1-16-92.)

April 2009 Replacement 87 Residential Districts 1211.04

(b) Private Garden, Structures, Fences, Walls and Hedges. Landscape features, limited to hedges, trees and shrubs, and yard structures limited to fences, trellises where used in place of a fence, walls, and garden ponds which shall be permitted but shall be regulated as set forth herein so they shall not substantially interfere with reception of sun, light and air on adjacent residential lots. In addition to the following regulations, fences shall be confined to the area within the lot line of the fence owner's property. They shall be designed to be aesthetically attractive and those along the lot line shall be designed, constructed and finished so that the supporting members shall face the property of the owner of the fence. Fences shall be maintained in good repair and appearance. No material or finish shall be used that by its appearance under prevailing appraisal practices and standards shall depreciate the value of neighboring and adjacent premises. (Ord. 2008-61. Passed 2-19-09.) (1) Front yard of interior lots. Ornamental fences shall be permitted in the front yard, or in connection with a site feature, to a height of not more than two and one-half feet above the average finished grade but shall not be constructed within thirty-five feet of a planned right of way. Perimeter hedges shall be permitted in the front yard to a height of not more than two and one-half feet above finished grade. Fences shall be permitted along the side lot line in the front yard but shall not be constructed within fifteen feet of the planned right-of-way line to a height not exceeding six feet when: A. Residential properties abut a lot used or zoned for nonresidential purposes; or B. One-family or two-family dwellings abut a lot used or zoned for multi-family residential purposes. The height of fences along the public walkways abutting residential districts shall not exceed three feet in height from the street right-of-way line to the building line. (2) Front yard of corner lot. Landscape features may be located within the triangle formed by the planned right-of-way lines of the adjacent intersecting streets and a line connecting points on the planned right-of-way line, twenty-five feet from their intersection providing "sight line" within a vertical height band between two and one-half feet to six feet above curb level are not substantially obstructed. On the interior side lot line of a corner lot, features may be permitted in accordance with the regulations for an interior lot as set forth in subsection (b)(1) hereof. (3) Side and rear yards. Fences, walls or hedges may be permitted along the side or rear lot lines to a height of not more than six feet above the average finished grade except that on a corner lot, no fence, wall or hedge shall be located within twenty-five feet from the planned right-of-way line. (4) Other structures. Floodlights, search lights, loudspeakers or similar structures shall not be erected or used in a residential district in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property. (Ord. 1993-71. Passed 6-3-93.) (c) Private Greenhouse. A private greenhouse may be attached to the main structure if such attached greenhouse is not nearer to the street line than the outer front wall of the main structure, but such attached greenhouse shall be considered as part of the main structure in computing yard dimensions.

April 2009 Replacement 1211.04 ZONING CODE 88

(d) Renting of Rooms. The renting from a resident family of not more than two rooms to not more than two persons is permitted in residential districts as set forth in the Schedule, Section 1211.03, if the exterior character of the dwelling is not changed, no separate cooking facilities are maintained and off-street parking is provided as set forth in Chapter 1221. (e) Gardens. Fruits, vegetables and nursery plants raised for private use or sale are permitted as accessory uses in residential districts provided that no structure is erected, either permanent or temporary, for the sale or display of such produce. (f) Raising of Domestic Animals. (1) Not more than three dogs or cats more than four months old may be raised in a residential district. They shall not be kept in accessory structures or enclosures which are located less than forty feet from any adjacent residential structure. (2) One horse may be kept on a lot not less than two acres in area, if the stable and corral, exclusive of perimeter fences, in which they are kept are located in the rear yard not less than 300 feet from a street right-of-way line, not less than 200 feet from any existing residence on adjacent property and not less than fifty feet from an adjoining lot line; an additional half acre of land shall be provided for each additional horse. (3) No person shall keep a horse on any lot within the City unless a fenced corral and a stable to retain such animal are constructed on such lot. (4) The keeping of all domestic animals shall be in accordance with the provisions of Chapter 505 of the General Offenses Code. (Ord. 1977-108. Passed 9-1-77.) (5) Provided, however, that notwithstanding any other provision of this Code, any accessory structure wherein dogs, cats or other animals are kept shall be located only within the rear yard of any such lot. (Ord. 1986-153. Passed 11-6-86.) (g) Private Swimming Pools. (1) A private swimming pool, as defined in this Zoning Code, is a pool, pond, lake or open tank not located within an enclosed building, containing at least two feet of water at any point, and which is maintained by: A. An individual for the exclusive use of his household and guests; B. The owners or managers of a multi-family development for the exclusive use of tenants and guests, and operated without charge for admission and not operated for profit; or C. Home associations for the exclusive use of members and guests. (Ord. 2007-106. Passed 9-20-07.) (2) A private swimming pool shall be permitted in a residential district provided that: A. It is located on the same lot as the building or buildings served; B. In a One-Family and Two-Family District, the pool and all mechanical equipment used in conjunction therewith is located only in the rear yard and is not less than ten feet from any lot line and in a Multi-Family District, the pool is located not less than thirty feet from a multi-family dwelling; C. It is located on common land under the control of a homes association. (3) Safety requirements, construction, maintenance and operation of swimming pools shall be in accordance with Chapter 1365 of the Building Code. (Ord. 1983-134. Passed 1-19-84.)

April 2009 Replacement 89 Residential Districts 1211.04

(h) Vehicular Recreational Equipment. The outside parking and storage of vehicular recreational equipment, as defined herein, is permitted if stored or parked in compliance with Sections 1211.09, 1211.20 and 1211.30. (Ord. 1983-69. Passed 1-3-85.) (i) Central Air Conditioners, Heat Pumps and Other Such Appliances. Central air conditioners, heat pumps and other such appliances shall be permitted in any of the residential districts provided, however, that in the R-1F-80 and the R-2F-100 districts such appliances shall not be located in the front yards and shall not be visible from the street on which the lot fronts. (Ord. 2004-109. Passed 12-16-04.) (j) Signs. Signs, nameplates, bulletin boards shall be as permitted and regulated in Chapter 1223. (Ord. 1977-108. Passed 9-1-77.) (k) Utility Buildings. A utility building shall be permitted in a rear yard for the storage of recreational equipment, garden , swimming pool maintenance equipment and general household items, provided that such building is not larger than is permitted in the following schedule: Maximum Building Size Minimum Setback Max. Area Max. Height Side & Rear Line Lot Size (S.F.) (Feet) (Feet) Under 20,000 S.F. 120 11 10 20,000 to less than 40,000 150 12 10 40,000 to less than 60,000 200 14 10 60,000 to less than 80,000 300 15 15 80,000 S.F. or greater 400 15 20 Provided further that any utility building shall not be located within any easement area for storm sewers, sanitary sewers, drainage or access thereto. Utility sheds shall not have doorways facing the nearest adjacent side and rear lot lines and shall have landscape screening between the shed and the adjacent side and rear lot lines. Notwithstanding the above table, on lots of 75 ft. in width or less, a utility building shall be permitted for the storage of recreational equipment, garden tools, swimming pool maintenance equipment and general household items with a minimum setback in the side and rear yard of 5 ft. except on the street side of a corner lot which shall provide a thirty-foot wide side yard setback. (Ord. 2008-61. Passed 2-19-09.) (l) Home Occupations. A home occupation shall be permitted in a dwelling if: (1) It is incidental to the use of the dwelling for residential purposes; (2) The residential character of the dwelling exterior is not changed; (3) Only members of the resident family are engaged in such occupation; (4) No mechanical equipment is used which will create any electrical structures or noise beyond the lot; and (5) No item shall be manufactured on the premises or retail sales made or materials displayed from the premises. (Ord. 1977-108. Passed 9-1-77.) (m) Tennis courts are not a permitted use.(Ord. 1997-35. Passed 6-5-97.) (n) Outdoor Recreational . (1) An outdoor recreational is any permanent structure that is primarily intended to provide heat and/or cooking facilities to the exterior areas of any residence or premises through the burning of wood, fossil fuels, or other combustibles, or through the use of electricity or any other energy source, and which is either detached from the residence, or which is attached to the residence and exceeds three feet in height.

March 2012 Replacement 1211.05 ZONING CODE 90

(2) Detached. Outdoor Recreational Fireplaces that are detached from a residence shall only be located in the rear yard area of the lot. Such structures shall be located no closer than twenty (20) feet to any side or (30) feet to any rear property line of a lot. In addition, such structures shall be located no closer than twenty-five (25) feet to any residence or structure on an adjacent lot. No Outdoor Recreational Fireplace that is detached from the residence shall exceed twelve (12) feet in height. Neither shall such structures exceed eight (8) feet in width nor five (5) feet in depth for the first five (5) feet in height, nor three (3) feet in width or depth for any portion of the structure above the height of (5) feet. No detached Outdoor Recreational Fireplace shall be located closer than twenty (20) feet to any building on the same property. All detached Outdoor Recreational Fireplaces shall comply with the construction requirements of the Residential Building Code as adopted by City Council. (3) Attached. Outdoor Recreational Fireplaces that are attached to a residence shall be considered to be part of the residence and shall be in compliance with all relevant requirements of the Zoning Code as adopted by Westlake City Council. All relevant requirements of this section that are specified for detached outdoor recreational fireplaces shall apply to attached outdoor recreational fireplaces unless otherwise expressly prohibited under the provisions of the Residential Code of Ohio. (4) All Outdoor Recreational Fireplace Structures shall only be constructed of decorative brick or stone or other approved finish and shall have equal level of finish on all sides. (5) The installation of all Outdoor Fireplaces shall be in accordance with either the Residential Building Code of the City of Westlake as adopted by Council, or with the manufacturer’s installation instructions, whichever is more restrictive. (Ord. 2008-61. Passed 2-19-09.) 1211.05 TEMPORARY STRUCTURES. (a) Temporary Contractor’s Structures. Temporary offices, storage, signs and other structures of contractors shall be permitted as provided in Section 1313.07 of the Building Code. (b) Portable Storage Containers. For the purpose of this section, “Portable Storage Containers” means any container designed for the temporary storage of personal property which is typically rented to owners or occupants of property for their storage use and which is delivered and/or removed by truck or trailer. (1) No person shall place a portable storage unit on private property without first obtaining a permit from the Building Department. Each container placed in accordance with this section shall be issued a placard that must be prominently displayed indicating the date of placement and removal. (2) Only one (1) unit is permitted on a property. (3) The size of any portable storage container shall not exceed sixteen (16) feet in length by eight (8) feet in width by eight (8) feet in height. (4) Any portable storage container must be located on a driveway or other hard surfaced area. Portable storage containers shall not be placed in the right of way or easements and shall be placed at least ten feet (10') from the existing right of way.

April 2009 Replacement 91 Residential Districts 1211.071

(5) Portable storage containers shall be securely locked at all times other than during actual loading or unloading. (6) Portable storage containers may be placed on a property for up to thirty (30) days. The building official may permit the placement of a portable storage container on a property for more than thirty (30) days, provided the property owner has an active building permit or has demonstrated that extenuating circumstances exist to justify the extension. (7) In addition to the required placard, no more than one sign, having a maximum area no greater than permitted for temporary signs under Section 1223.04, may be displayed on any portable storage container. (8) Any portable storage container shall be free of dents, rust and/or graffiti and shall be maintained in good condition. (Ord. 2008-62. Passed 9-18-08.) 1211.06 REMOVAL OF SOIL. The removal of any soil, sand or gravel shall be in accordance with the provisions of Chapter 1367 of the Building Code. (Ord. 1969-169. Passed 7-16-70.) 1211.07 BUILDINGS PERMITTED ON ZONING LOT. There shall be no more than one one-family dwelling located on a zoning lot and both units of a two-family dwelling shall be within the same building, except in Multi-Family Districts or in the Single Family Detached Cluster District (R-1F-Detached Cluster). In addition, there may be one or more accessory buildings on the same zoning lot with a main building if such accessory building is constructed subsequent to the main building. No dwelling shall be located to the rear of any building on the same lot, however, in Single Family Detached Cluster and Multi-Family Districts, single family cluster buildings and multi- family buildings may be arranged in a group and not directly in front on a street, provided that, in R-MF-40 Districts, townhouse dwelling units shall be developed in sequences of not less than three nor more than ten units on one or more lots. In an R-1F-Detached Cluster District, not more than four cluster dwellings may share a common private driveway leading to a public dedicated street or a private street improved to public street standards and dwellings shall be located within 500 feet of the street. A cluster single family development shall be developed on a single zoning lot and maintain an overall density of not more than one dwelling per 15,000 square feet of land on any of the Multi-Family Districts and in an R-1F-Detached Cluster District, not more than one dwelling per 20,000 square feet of land and not more than permitted below. A parcel which is zoned R-1F-Cluster shall contain no more units on that parcel than that parcel can be subdivided and developed in a Single Family (R-1F-80) District in accordance with the standards for single family development. The applicant shall submit to the Planning Department and Planning Commission a proposed Single Family (R-1F-80) District in accordance with the standards for single family development. The applicant shall submit to the Planning Department and Planning Commission a proposed Single Family (R-1F-80) District preliminary subdivision plan along with the proposed cluster development plan for review by the Planning Commission for the purpose of determining the number of units to be permitted in the R-1F- Detached Cluster District. (Ord. 1998-285. Passed 3-18-99.) 1211.071 MEANS OF ACCESS IN SINGLE FAMILY CLUSTER DISTRICTS. Any cluster development or street within a cluster development proposed to contain more than twenty-five dwellings thereon, or any street or extension thereof, proposed to exceed 1,000 feet in length, shall have a minimum of two permanent means of access, one from each direction. Such permanent means of access must be a dedicated public street(s) or private street constructed to the street standards of Section 1129.08 and intersect with one or more major or secondary street(s). (Ord. 1996-6. Passed 3-7-96.)

March 2012 Replacement 1211.08 ZONING CODE 92

1211.08 AREA, YARD AND HEIGHT REGULATIONS. Land and buildings shall be used in accordance with the lot area regulations and buildings shall be designed, erected, altered, moved or maintained in accordance with the yard and building height regulations set forth in the following sections: (a) The area of a zoning lot shall be not less than the area in square feet required for each dwelling unit as set forth in the Schedule, Section 1211.09, multiplied by the number of units in the building, or as modified in Section 1211.13, except that such requirement notwithstanding, in an R-MF-40 or R-MF-24 District, no lot shall be developed for a multi-family dwelling that is less than one acre in area. However, a lot of record in a Multi-Family District which does not comply with the area requirement may be used as a site for a two family dwelling if the area is not less than twenty thousand square feet and provided that a building on such site shall be located in accordance with other requirements of this Zoning Code. In an R-MF- 15 District, no multi-family buildings shall be permitted on a zoning lot less than five acres in area. In an R-1F-Cluster District, no single family cluster dwelling shall be permitted on a zoning lot less than four acres. (Ord. 1994-204. Passed 1-5-95.) (b) The width of a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located as set forth in the Schedule, Section 1211.09 or as modified in Section 1211.12. The width of a lot on the street right-of-way line (front lot line) may be less, but shall be at least the width set forth in the Schedule, Section 1211.09. (c) The percent of lot covered by main buildings, and the percent of lot covered by accessory buildings or uses, shall be not greater than as set forth in the Schedule, Section 1211.09. The area of buildings shall be the maximum area of land on which, or above which, buildings are constructed. The percentage shall be the total area of all buildings in ratio to the gross area of the lot, provided that the maximum percentage that may be occupied by uses accessory to one-family and two-family dwellings shall be based upon the area of the rear yard only. (d) The front yard depth of a zoning lot shall be not less than the depth set forth in the Schedule, Section 1211.09, for the type of dwelling or other building permitted in the district in which it is located where less than sixty percent of the street frontage between two successive intersecting streets was built up prior to the effective date of this Zoning Code; except for the front yard setback that may be shown otherwise by ordinance, or except where variations in setbacks are permitted in accordance with Section 1211.16 and Section 1211.18. (e) Two side yards shall be provided for every dwelling on a zoning lot. The width of either side yard of a lot shall be not less than the respective dimensions as set forth in the Schedule, Section 1211.09. The total width of both side yards of a lot and the width of two adjoining side yards on adjoining lots shall be not less than the total width as set forth in Section 1211.09 for the district in which it is located, except as modified in subsequent Sections 1211.17 and 1211.18. (f) The rear yard depth of a zoning lot for main buildings shall be not less than the dimension set forth in the Schedule, Section 1211.09, whichever is the lesser, for the district in which it is located. (g) The height of a main building permitted on a zoning lot shall not exceed the number of stories as set forth in Section 1211.09, for the district in which it is located or as modified in Section 1211.23. (Ord. 1988-248. Passed 4-20-89.)

March 2012 Replacement 92A 1211.09 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS.

Maximum % Lot Minimum Yard Coverage By Dimensions (ft.) (c) (d) Min. Lot Min. Lot Permitted Lot Area/ Minimum Width at Width at Accessory Front Max. Min.% Dwelling Use Dwelling Development Bldg. Street Main Buildings Yard Side Yard Rear Hght. Open Type District Unit (sq. ft.) Area Line (ft.) Line(ft.) Bldg(s) & Uses (b) Min. Total Yard Stories Space

One- All resi- 20,000 (k)(d) 20,000 (k) 100 45 20 30(a) 50 15 30 30 2-1/2 50 Family dential sq. ft. Districts

One R-1F 20,000 (i) 4 acres 100 60 20 10(j) 50/30 (f) (f) 2-1/2 50 Family Cluster (e) Detached Cluster

One-Family R-MF-40, 15,000 (i) 4 acres 100 60 20 10(j) 50/30 (f) (f) 2-1/2 50 Detached 24, 15 or (e) Cluster PUD

Two R-2F-100 10,000 20,000 100 60 25 30(a) 50 10 25 40 2-1/2 50 Family R-MF-40 sq. ft. R-MF-24 R-MF-15

Multi- R-MF-40 7,000 (h) 1 acre 100 60 30 N/A 50 See 25 2-1/2 50 Family R-MF-24 Sec. Townhouse R-MF-15 1211.19

Apartment R-MF-24 Minimum 2 acres 100 60 30 N/A 75 See 50 3 40 (3 stories R-MF-15 2,400 to Sec. or less) 3,000 (g) 1211.19

Apartment R-MF-15 Minimum 5 acres 300 240 20 40 100 See 100 6 40 (more than 1,500 to Sec. 3 stories) 2,100 (g) 1211.19

March 2012 Replacement 1211.09 ZONING CODE 92B

(a) Refers to % of rear yard area only. (b) Unless indicated otherwise by ordinance. (c) For lots less than 85 feet, see Section 1211.12(b). (d) For corner lots, see Section 1211.18. (e) 30 feet to common private driveway/50 feet to public street. (f) 15 feet minimum between dwellings within the development parcel, 30 feet adjacent to all perimeter boundary lines of the development parcel and not less than an average of 30 feet between all dwellings in the development. (g) For lot area/dwelling, see Section 1211.11(c). (h) For lot area/dwelling, see Section 1211.11(d). (i) Average land area per dwelling in the condominium development. (j) Location of common accessory uses to be approved by Planning Commission. (k) Upon subdividing a parcel of record, the applicant may, upon the demonstration of unique characteristics of the parcel, propose no more than ten percent (10%) of the lots be less than 20,000 square feet but in no circumstances shall any lot be less than 18,000 square feet. In order to demonstrate such unique characteristics, the applicant must establish a practical difficulty or unnecessary hardship peculiar to that parcel. Notwithstanding the foregoing, the average size of all proposed lots in the proposed subdivision shall equal or exceed 20,000 square feet. N/A Not applicable. (Ord. 1989-211. Passed 11-16-89; Ord. 1994-196. Passed 12-1-94; Ord. 1994-203. Passed 1-5-95; Ord. 1998-284. Passed 3-18-99; Ord. 1998-285. Passed 3-18-99.)

March 2012 Replacement 93 Residential Districts 1211.11

1211.10 SUPPLEMENTARY AREA AND WIDTH REGULATIONS. Land and buildings shall be used in accordance with the supplementary area and width regulations and buildings shall be designed, erected, altered, moved or maintained in accordance with the supplementary area and width regulations set forth in the following sections. (Ord. 1969-169. Passed 7-16-70.) 1211.11 REQUIRED LOT AREA TO BE MAINTAINED. (a) A parcel of land may be divided into two or more zoning lots, if all lots resulting from such division conform to all lot area and width regulations of the district in which it is located. A lot of record, whether vacant or occupied by a building, which has an area or width equal to or less than required by these regulations and which was owned separately from adjoining lots on the effective date of this Zoning Code (Ordinance No. 1969-169, passed July 16, 1970) or an amendment thereto which shall make the lot nonconforming, shall not be further reduced in any manner except by conveyance to an adjacent owner or owners. The required lot area which is provided for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use. (b) In a R-MF-40 District, not less than 1,000 square feet of land area shall be provided as open space immediately adjacent to each townhouse dwelling unit. (c) In R-MF-24 and R-MF-15 Districts, the minimum lot area per dwelling unit shall be provided as follows: (1) Apartment buildings of three stories or less: A. With underground parking for the required enclosed parking, the minimum lot area per dwelling unit shall be not less than 2,400 square feet per dwelling. B. With attached accessory garage for required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 2,700 square feet per dwelling. C. With detached accessory garage for required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 3,000 square feet per dwelling. (2) Apartment buildings of more than three stories: A. With underground parking for the required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 1,500 square feet per dwelling. B. With attached accessory garage for required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 1,800 square feet per dwelling. C. With detached accessory garage for required enclosed parking space, the minimum lot area per dwelling unit shall be not less than 2,100 square feet per dwelling. (Ord. 1988-249. Passed 3-16-89.) (d) In RMF-40, RMF-24 and RMF-15 Districts, the minimum lot area per dwelling unit for townhouses shall be 7,000 square feet per dwelling. (Ord. 1994-197. Passed 9-15-94.) (e) In the Planned Unit Development, R-MF-40, R-MF-24 and R-MF-15 Districts, the minimum lot area per dwelling unit for single family cluster homes shall be 15,000 square feet per dwelling. In these zoning districts, the applicant is not required to provide a Single Family (R-1F- 80) District preliminary subdivision plan for the determination of the number of units that the parcel may contain. (Ord. 1997-45. Passed 3-20-97.) March 2012 Replacement 1211.12 ZONING CODE 94

1211.12 LOTS OF RECORD OF INSUFFICIENT AREA OR WIDTH. A lot of record which does not comply with the area and/or width of lot regulations of the district in which it is located on the effective date of this Zoning Code, or any amendment thereto which shall make the lot nonconforming, may be used as follows: (a) If occupied by a dwelling, such dwelling may be maintained, repaired or altered, provided however, that the building may be enlarged in floor area only if the enlarged sections comply with all other regulations of this Zoning Code except lot area and lot width regulations. (b) If vacant, the lot may be used as a site for a one-family dwelling only, provided that: (1) All other regulations of this Zoning Code, except lot area and lot width regulations, shall be complied with; (2) A required side yard for a lot less than seventy-five feet in width may be reduced in width from that required in the Schedule, Section 1211.09, but shall be not less than five feet in width, and the sum of the widths of two required side yards on any lot shall be not less than twenty feet; (3) A required side yard for lots with less than eighty-five feet in width but seventy-five feet or more in width, shall be not less than ten feet in width, and the sum of the widths of the two side yards on any such lot shall be not less than twenty-five feet. (4) When the lot exists adjacent to one or more other lots on the same fronting street owned by the same owner on, or after, the effective date of this Zoning Code, the number of one-family dwellings which may be built on the combined area of these lots shall be determined by the following table schedule: Minimum Total Combined Frontage of Adjoining Lots Number of Permitted One Two Three One-Family Dwellings Lot Lots Lots One 50 50 50 Two x 125 125 Three x x 200 (c) If replatting of four or more adjoining nonconforming lots cannot be affected reasonably without resulting in an average lot width less than the minimum required for the district, the Planning Commission may recommend, subject to the approval of Council that such regulations be modified to permit lots of less width, but not more than ten percent narrower than required in the district in which the subdivision is located. (Ord. 1989-212. Passed 11-16-89; Ord. 1994-71. Passed 5-19-94.)

March 2012 Replacement 95 Residential Districts 1211.17

1211.13 LOT AREA FOR GROUP DEVELOPMENT. Areas that are proposed for public street purposes shall be excluded from the gross site area before computing the number of dwelling units permitted on a lot for a development of multi- family dwellings and single family cluster dwellings. All group development shall remain on a single development parcel where the parcel of real property upon which such development is located is owned in common by condominium association or a person. Each development parcel shall remain as a legal zoning lot with frontage on a dedicated public street. (Refer also to Planning and Platting Code Section 1127.05.) (Ord. 1988-250. Passed 4-20-89.) 1211.14 SUPPLEMENTARY YARD REGULATIONS. Land and buildings shall be used in accordance with the supplementary yard regulations and buildings shall be designed, erected, altered, moved or maintained in accordance with the supplementary yard regulations set forth in the following sections. (Ord. 1969-169. Passed 7-16-70.) 1211.15 REQUIRED YARDS TO BE MAINTAINED. The required yards surrounding an existing main building shall not be separated in ownership from that part of the lot upon which the building is located and no part of a required yard shall be considered as providing a yard for any other existing main building. A yard shall not be reduced to less than the required dimensions for the district in which it is located and a yard of less than the required width shall not be further reduced. Every required yard shall be open and unobstructed from the ground upward except for accessory structures as set forth in Sections 1211.04, 1211.20 and 1211.21, and permitted projections as set forth in Section 1211.22. (Ord. 1969-169. Passed 7-16-70.) 1211.16 FRONT YARDS OF PARTIALLY BUILT-UP BLOCKS. Where a building line has not been established by ordinance, and where sixty percent or more of the aggregate street frontage between two successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of this Zoning Code (Ordinance 1969-169, passed July 16, 1970) or an amendment thereto, the average setback of conforming buildings located within 300 feet on either side of a lot proposed for development shall be the minimum front yard setback required for that lot. (Ord. 1969-169. Passed 7-16-70.) 1211.17 SIDE YARDS, INSUFFICIENT WIDTH. Where side yards of a lot are narrower than required for the district in which the building is located and if the lot was owned separately from all adjacent parcels of land on the effective date of this Zoning Code (Ordinance 1969-169, passed July 16, 1970) or a relevant amendment thereto, and is still so owned, the building may be maintained, repaired, modernized or altered but may not be enlarged in ground floor area unless the enlarged part complies with other regulations of this Zoning Code. (Ord. 1969-169. Passed 7-16-70.)

March 2012 Replacement 1211.18 ZONING CODE 96

1211.18 YARDS OF CORNER LOTS. The depth of the front yard of a corner lot shall be not less than the required setback from the front lot line as provided in Section 1211.09. The width of a side yard on the side street or second street shall be not less than the width required for the front yard setback in any residential district as provided in Section 1211.09 The width of the opposite side yard (or interior side yard) shall be not less than ten feet in a R-1F-80 or R-2F-100 District. Corner lots shall also provide a minimum rear yard as provided in Section 1211.09 at the rear of the parcel or to the rear of the building as determined by the Director of Inspections. (Ord. 1990-197. Passed 12-6-90.) 1211.19 YARDS FOR MULTI-FAMILY DWELLINGS. (a) Arrangement and Intent. The yards of multi-family buildings shall be related to the plan of the dwelling units within the building as well as to yard requirements. 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) Minimum Distance From Buildings to Side or Rear Lot Lines. A minimum distance between any multi-family dwelling or parts thereof in a development area and any side or rear line of such development area shall vary according to the length and height of the building. Such minimum distance shall be determined by the following formulas: Where land in R-MF-40, R-MF-24 and R-MF-15 Districts abuts R-1F-80 or R-2F-100 Districts, the minimum distance between building and side or rear property line shall not be less than the greater of fifty feet or the following formula: Minimum Distance = A+L + H F Where land zoned as R-MF-40, R-MF-24 and R-MF-15 abuts all other zoning districts;

Minimum Distance = A+L + H F 2

March 2012 Replacement 97

March 2012 Replacement 1211.19 ZONING CODE 98

the elements of such formula being described as follows: A = 20 feet where the (L) is less than 50 feet and the (H) is less than 30 feet. In all other cases "A" shall be 50 feet. L = length of the property line in feet measured between perpendicular lines to the property line where such perpendicular touch the extreme ends of the building. H = height of building in feet. F = division factor from the schedules below. Buildings whose length (L) is up to 100 feet and: the height (H) is up to 50 feet F = 5 the height (H) is 50.1 to 100 feet F = 3 Buildings whose length (L) is from 100.1 feet to 250 feet and: the height (H) is up to 50 feet F = 3.5 the height (H) is from 50.1 to 100 feet F = 2.5 Buildings whose length (L) is 250 feet or more and: the height (H) is up to 50 feet F = 2.5 the height (H) is from 50.1 to 100 feet F = 1.5 When computing the setback formula for buildings of more than one wing, all wings that are not within fifteen degrees of being perpendicular to the property line shall be considered as a separate building for measurement purposes. All attached wings that are within fifteen degrees of the perpendicular to the property line shall be considered as one continuous building and the entire length between perpendicular lines to the property line shall be used for determining the length requirement of the formula. The required setback shall be measured from the wall plane or point that is the closest to the property line. In no case shall the minimum distance between the building and the side or rear property line be less than twenty-five feet in R-MF-40 and R-MF-24 Districts and not less than fifty feet in R-MF-15 Districts. (c) Minimum Distances Between Buildings. The minimum distance between multi- family buildings or between opposite building walls of the same building shall vary according to length and height of the buildings. Such minimum distances shall be determined by the following formula: MD = LA + LB + n (HA + HB) F provided that, in no case shall the minimum distance be less than twenty feet. The elements of this formula are as follows: MD =the minimum required horizontal distance between any wall of one building and another wall of that building and/or wall of another building. LA = the total length of building "A", which shall be the length of the portion or portions of any wall or walls of building "A" from which lines drawn perpendicular will intersect any wall of building "B" or another wall of building "B". LB = the total length of building "B" or of another wall of building "A" which shall be the length of the portion or portions of any wall or walls of building "B" or another wall of building "A", from which lines drawn perpendicular will intersect any wall of building "A".

March 2012 Replacement 99 Residential Districts 1211.20

HA = the height of building "A". HB = the height of building "B" or of the other wall of building "A". n = a factor which is equal to two for R-MF-40 and R-MF-24 Districts and one for a R-MF-15 District. F = a factor which is equal to five for a R-MF-40 and R-MF-24 District and three for a R-MF-15 District. (Ord. 1969-169. Passed 7-16-70; Ord. 1994-198. Passed 12-11-94.) 1211.20 YARDS FOR ACCESSORY BUILDINGS AND USES; ONE-FAMILY AND TWO-FAMILY DISTRICTS. An accessory building or use permitted in One-Family and Two-Family Districts shall be located as provided in Sections 1211.04 and 1211.33 and in the following schedule: MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES IN ONE-FAMILY AND TWO-FAMILY DISTRICTS

Distance in Feet From Rear Side Side Yard in Which Lot Lot Main Street Accessory Use Use Permitted Line Line Building (Corner Lot)Other (a)

Detached garage Rear yard only 10(a) 10(a) 20 30

Vehicular recrea- tional equipment storage Rear yard only 30 30 -0- 30

Central air conditioner, heat pump, etc. Not in front yards 20 10(e) -0-(e) 50

Utility building Rear yard only (d) (d) 20(c) 30

Swimming pool Rear yard only 10 10 -0- 30

Stable Rear yard only 50 50 100 300 (b)

Recreational courts on estate sized parcels including fences & appurtenances Rear yard only 50 50 10 50

(a) See also Section 1211.04(a)(2). (b) 200 feet from any existing residence on adjoining property. (c) Except that no minimum distance from a main building shall be required for a 3/4 hour fire- rated or metal utility building (d) See requirements of 1211.04(k). (e) Central air conditioner, heat pump, etc. may be located in the side yard of a lot providing such unit shall be no closer than 20' from the front building line, 10' from the side lot line and is not visible from the street on which the lot fronts, notwithstanding any provision herein, in the case of a corner lot, such unit shall not be located in either the front yard or the side yard facing the street. (Ord. 2008-60. Passed 2-19-09.)

March 2012 Replacement 1211.21 ZONING CODE 100

1211.21 YARDS FOR ACCESSORY BUILDINGS AND USES; MULTI-FAMILY DISTRICTS. The required yards provided for in Section 1211.20 may be used for pedestrian walks, recreation areas, parking areas and garages and driveways, but such permitted uses shall be located in accordance with the following schedule: MINIMUM YARD REQUIREMENTS FOR ACCESSORY USES IN R-MF-40, R-MF-24 AND R-MF-15 DISTRICTS

Minimum Distance From Side or Rear Lot line of: R-1F-80 or From Main R-2F-100 All other Accessory Building or Building District Districts Use (in feet) (in feet) (in feet) Garage 35(a) 30 5 Open parking area 10 30 5 Drive 20 30 3 Public walk 10 10 3 Recreation area 30 50 3 Other accessory building 30 30 5

(a) Unless attached to the main building. An open parking area may be located in the required front yard in R-MF-40 and R-MF-24 Districts, but shall not be less than twenty-five feet from the front property line. In an R-MF-15 District, visitor or temporary parking equal to not more than ten percent of the number of spaces required for a building may be permitted in a required front yard but shall be not less than twenty- five feet from the front property line. Such spaces shall not be included in calculating the number of parking spaces provided. A garage or covered parking space shall not be located in a required front yard setback in any Multi-Family District. Off-street parking facilities shall be provided not more than 200 feet from a building entrance. (Ord. 1969-169. Passed 7-16-70; Ord. 1994-199. Passed 12-1-94.) 1211.22 PROJECTIONS OF BUILDING FEATURES. (a) Intent. A projection is that part or feature of a building which extends outside of the enclosing walls and makes the enclosed space more usable. It is intended that certain features may project into required yards, but they shall be regulated as herein set forth so that they will not substantially interfere with the reception of sun, light and air on adjacent lots. (b) Types of Projecting Features. The following definitions shall apply to the terms used in the section: (1) "Architectural feature" means a belt course, , bay window, cornice, or solid . (2) "Entrance feature" means a platform, landing, steps, or other features not extending above the level of the floor of the first floor level of a building. (3) "Shelter, enclosed" means an enclosed entry or .

March 2012 Replacement 101 Residential Districts 1211.22

(4) "Shelter, unenclosed" means an entrance hood or an open, but roofed, porch. (5) "Shading device, solid" means a metal or plastic, louvered or solid awning. (6) "Shading device, open" means a trellis, louvers and similar horizontal shading device having more than seventy-five percent of the surface open. (c) Projection Limitations. Building features may project into required front and side yards of a dwelling, but shall not project more, and the distance to a side lot line, vertical projection, shall be not less than set forth in the following schedule: PROJECTIONS OF BUILDING FEATURES

Maximum Minimum Projection Into Distance Required Required Front Side and From Side Projecting Yard Rear Yard Lot Line Feature (in feet) (in feet) (in feet) Other Regulations Architectural 4 3 3 Minimum distance from side features lot line shall be increased 2 inches for each foot the feature exceeds 10 feet in width

Entrance features 5 3 2

Shelters, enclosed None None

Shelters, unenclosed 4 3 3 Minimum distance from side yard shall be increased 2 inches for each foot the shelter exceeds 10 feet in width

Shading device, solid 3 3 3 Minimum distance from side lot line shall be increased 2 inches for each foot the feature exceeds 10 feet in width

Shading device, open 3 3 2

Carports or other similar structures or parts thereof, shall not project into a required yard. (Ord. 1988-239. Passed 7-20-89.)

March 2012 Replacement 1211.23 ZONING CODE 102

1211.23 EXCEPTIONS TO HEIGHT REGULATIONS. Within any residential district, chimneys, , penthouses, skylights, spires, stacks, towers, ventilators or other necessary appurtenant features usually carried above roofs of structures permitted in each respective district, when erected upon and as an integral part of a building, and if such structures are not used for human occupancy, may be erected above the height limit specified in the Schedule, Section 1211.09, but in no case, shall any such feature extend more than twenty feet above the finished roof line. Water towers, wireless or broadcasting towers, radio or television antennae and other like structures may be erected above the height limit specified in the Schedule, Section 1211.09, subject to the following constraints: (Ord. 1997-76. Passed 5-15-97.) (a) The height from the base of such structure or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line. (b) A variance by the Board of Zoning Appeals shall be required for any such structure over thirty-five feet in height if detached from the main building, or over twenty feet in height above the upper point of attachment to a main building. (Ord. 1969-169. Passed 7-16-70.) 1211.24 DWELLING UNIT AREA REQUIREMENTS; MEASUREMENT STANDARDS. The area of a dwelling unit, as defined in Section 1203.04, 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, porches and breezeways for all dwellings; utility and general storage rooms in basementless dwellings; and public , utility and storage rooms in multi-family dwellings. (Ord. 1969-169. Passed 7-16-70.) 1211.25 SCHEDULE OF MINIMUM DWELLING UNIT AREA REQUIREMENTS. The minimum area of a dwelling unit shall be not less than indicated in the following schedule: Minimum Area Per Dwelling Unit (Square Feet) By Zoning District R-1F Dwelling Unit Type R-1F-80 R-2F-100 R-MF-40 R-MF-24 R-MF-15 Cluster One-Family Dwelling One-story building 1,100 1,100 1,100 1,100 1,100 1,100 More than one-story bldg. 1,500 1,500 1,500 1,500 1,500 1,500 Two-Family Dwelling One-story building 1,100 1,100 1,100 1,100 1,100 N.A. More than one-story bldg. 1,500 1,500 1,500 1,500 1,500 N.A. Multi-Family unit N.A. N.A. N.A. N.A. 450(a) N.A. One unit N.A. N.A. 750 750 600 N.A. Two bedroom unit N.A. N.A. 900 900 750 N.A. Each additional bedroom N.A. N.A. 150 150 150 N.A.

March 2012 Replacement 103 Residential Districts 1211.27

(a) Permitted only in R-MF-15 District. The number of studio units shall not exceed ten percent of the total number of units in a building. N.A. Not Applicable At least fifty square feet of utility and general storage space shall be provided for each two- family and multi-family dwelling unit in addition to the required minimum dwelling area. (Ord. 1988-252. Passed 4-20-89.) 1211.26 DEVELOPMENT PLANS. Development plans shall be prepared and submitted for approval for all uses permitted in Multi-Family Districts and the Single Family Cluster District in accordance with the regulations provided in Chapter 1220. (Ord. 1988-251. Passed 4-20-89.) 1211.27 SATELLITE TRANSMITTING/RECEIVING DISH. One satellite transmitting/receiving dish as an accessory use in Section 1211.03 shall be permitted only where all of the following conditions are satisfied: (Ord. 1998-3. Passed 5-4-00.) (a) Uses. The uses of the satellite transmitting/receiving dish shall be an accessory use to the main use. No owner or occupier of property shall erect or install a satellite transmitting/receiving dish without first obtaining all necessary building permits. (b) Location. A satellite transmitting/receiving dish shall be located in rear yards only not affixed to any main building. (c) Height. A satellite transmitting/receiving dish shall be erected, not to exceed ten feet in height. Said measurement shall be from the established grade to the top of the dish, which measurement includes the height of any base upon which it is mounted. (d) Size. A satellite transmitting/receiving dish shall not exceed ten feet in outside diameter. (e) Setback. The satellite dish antenna shall be set back the distance equal to triple the height of the satellite dish antenna from any side lot line or any rear lot line unless compliance with the setback requirement prevents installation. (f) Landscaping or Screening. A satellite transmitting/receiving dish shall be screened by a structure or landscaping in accordance with the buffering requirements of this Zoning Code. Said landscaping or screening shall be half the height of the satellite dish measured from the established grade and be placed on all open sides. (g) Safety Requirements. The satellite receiving dish shall be constructed and anchored in such a manner as to withstand winds of 100 miles per hour velocity. In addition to the foregoing requirements, the satellite receiving dish shall be placed where it will not have an adverse effect on the surrounding properties and including but not limited to site lines and creation of any interference with electric appliances, equipment or communications devices located on or within adjoining and/or surrounding properties. No signs shall be permitted on any satellite transmitting/receiving antenna. (Ord. 1995-214. Passed 2-15-96.) (h) Satellite transmitting/receiving dishes of two meters or smaller shall be exempt from the requirements set forth in subsections (a) through (f) of this section. (1) Satellite transmitting/receiving dishes of two meters or smaller may not be attached to the front of a main building, placed in the front yard, or in the case of a corner lot, may not be placed in the side yard located along a public street.

March 2012 Replacement 1211.28 ZONING CODE 104

(2) The regulations set forth herein as to dishes two meters or smaller are necessary to protect the health and safety of the residents of the City by providing a means to prevent said smaller dishes from injuring persons or property which travel along the City’s right of way. Smaller dishes of less than one and two meters are not subject to many regulations to which larger dishes are subject, including, but not limited to setback and location requirements, thereby, smaller dishes pose a threat to the safety of the community when placed in close proximity to the public right of way. Furthermore, construction, placement and anchoring requirements are necessary to ensure that smaller satellite dishes are not placed where they may interfere with electrical lines and will be able to withstand winds of 100 miles per hour. Cables must also be properly grounded for protection during lightning. (Ord. 1998-3. Passed 5-4-00.) 1211.28 LIMITED COMMERCIAL USE OF HISTORICAL BUILDINGS AND SITES. A limited commercial use of historical buildings and sites as a conditional use in Section 1211.03 R-MF-24 District shall be permitted only where all of the following conditions are satisfied: (a) The building or site must be a historical landmark of 100 years of age or older and meet the qualifications of a historical site as set forth by the Westlake Historical Society and the Ohio Historic Preservation Office. (b) The building and/or site must be kept as near as possible in its original condition and state. Chapter 1227 Conditional Use Standards shall apply. The building and/or site may be changed in any manner necessary to comply with the life, safety or health ordinances of the City. (c) The limited commercial use of the structure will permit: (1) The sale of objects of art, crafts and antiques; (2) The teaching of arts, crafts and the repair of antiques; (3) The creation, assembly, and/or repair of arts and crafts; (4) The restoration of antiques. (Ord. 1989-220. Passed 11-16-89.) (5) “Professional Services” as approved by Council. (Ord. 2007-141. Passed 12-6-07.) 1211.29 NURSING HOME; ASSISTED LIVING FACILITY IN SINGLE- FAMILY DISTRICTS. Nursing homes and/or assisted living facilities (hereinafter referred to collectively as “facilities”) located in a Single-Family R-1F-80 District as a conditional use shall meet the following additional requirements: (a) Minimum lot size to be three acres for a one-story building and six acres for a two- story building. (b) Minimum front footage 200 feet; however, with reference to lots on Crocker Road, the minimum lot size shall be six acres with a lot having at least 200 feet of street line on Crocker Road. (c) Shall be located only on property fronting on Detroit Road, Center Ridge Road, Crocker Road between Center Ridge Road and Schwartz Road or Dover Center Road between Bassett Road and Hilliard Boulevard. (d) Such facilities shall be a maximum of two stories in height measured from grade level. (e) Such facilities shall have a minimum side yard of sixty feet, but which may be modified as set forth below. (f) Such facilities shall have a minimum rear yard of sixty feet for a one-story and eighty feet for a two-story building, but which may be modified as set forth below.

March 2012 Replacement 105 Residential Districts 1211.30

(g) Forty percent (40%) of the development area shall be a green area. "Development area" means the area behind the fifty foot setback line from the right of way except as may be modified below. (Ord. 1999-182. Passed 7-20-00.) (h) All parking for such homes shall be located behind the building line and a minimum of 30' from side or rear property lines when abutting a single family residential district or use. (Ord. 2011-157. Passed 2-2-12.) (i) Such facilities shall have a minimum setback of 100 feet from the planned right of way for a one-story and 150 feet for a two-story, but setback may be modified as set forth below. (j) The Planning Commission, in reviewing proposed development plans for such facilities, may make adjustments to certain yard and area requirements and other standards, if it finds that, because of skillful design and the arrangement of buildings, the layouts of driveways, on-site circulation and parking area, the design of landscaping or other features, functional, efficient and attractive buildings and sites, openness and other amenities, will be attained and that the intent and purpose of the provisions are satisfactorily fulfilled. (Ord. 1999-182. Passed 7-20-00.) (k) Shall provide buffering when abutting a single family residential district or use and shall be a minimum of 10' in width and meet the opacity requirements of Chapter 1130. (Ord. 2011-157. Passed 2-2-12.) 1211.30 OUTDOOR STORAGE AND PARKING OF RECREATIONAL EQUIPMENT; PROHIBITION AND EXCEPTIONS. (a) Definitions. As used in this chapter "recreational equipment" includes the following words and phrases. (1) "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and is permanently identified "travel trailer" by the manufacturer. (2) "Pick-up camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses. (3) "Truck camper" means a pick-up truck with a slide-in camper mounted on it. (4) "Motor home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle. (5) "Folding tent trailer" means a folding canvas structure mounted on wheels and designed for travel and vacation uses. (6) "Trailer" means a cart or wagon designed to be pulled by an automobile, van, truck, or tractor for hauling boats, floats, rafts, canoes, snowmobiles, motorcycles and other recreational equipment and devices, as well as those carts or wagons used for utility purposes, i.e., hauling landscaping materials, and household goods, plus the normal equipment to transport same on the highway. (7) "Business invitee" means one who is at a place upon the invitation of another for the purpose of supplying a product or service, or both, to the person who extended the invitation. (Ord. 1983-69. Passed 1-3-85.) (8) "Boats" and "boat trailers" include boats, floats, rafts and snowmobiles plus the normal equipment to transport the same on the highway. (Ord. 1985-80. Passed 9-5-85.)

March 2012 Replacement 1211.30 ZONING CODE 106

(b) Outdoor Parking and Storage on Private Property and Exceptions. No person shall park or store, or permit to be parked or stored, recreational equipment upon any lot or land designated within the boundaries of the residential one and two-family districts except as hereinafter provided. Any owner of recreational equipment may park or store such equipment not in excess of twenty-eight feet overall length, eight feet in width and eleven feet in height, such height being measured from ground level, only on property where he is living in accordance with the following conditions. (1) Under no circumstances shall any recreational equipment have fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall such equipment be used at any time, while parked or stored on any residential lot within the City, for living, overnight sleeping, storage or housekeeping purpose. (2) All recreational equipment shall be stored or parked as far from side and rear lot lines as practicable, and in no case less than is required in Section 1211.20 and not in front of the extension of the rear line of the main dwelling or structure, nor in front of the extension of the side foundation line on a corner lot of the side closest to the side street or in accordance with the requirement of Section 1211.20 whichever is greater. (3) All recreational equipment shall be kept in good repair and carry a current year's license plate and registration where required by law. (4) No person shall make or cause to be made major repairs, alterations or conversions of recretional equipment unless such repair, alteration or conversion is done in a completely enclosed garage. Repairs of a major type are herein defined to include, but are not limited to, spray painting, body, , heating, spring and frame repairs, radiator repair, major overhauling of engines requiring the removing of engine cylinder head or crankcase pan or removing the motor and conversion of any other type of motor. The conversion of any vehicle is expressly prohibited. (5) No materials of any nature may be stored beneath such recreational vehicle. (6) When such vehicle is parked or stored outside of a garage in such approved or permitted location, the wheels shall be left on such vehicle or vehicle conveyance so that it may be moved in case of an emergency. (7) No recreational vehicle shall be parked or stored unless it is titled to, leased or used exclusively by one of the permanent occupants of the residence where the recreational vehicle is located. (c) Temporary Parking. Temporary outside parking of such recreational equipment shall be permitted in the front yard and/or side yard for a period not to exceed a total of seventy- two hours in any consecutive twenty-one day period.

March 2012 Replacement 107 Residential Districts 1211.32

(d) Business Invitee. The parking of recreational equipment by a business invitee shall be permitted in a residential district for a period of time, not to exceed five days, and no more than twice in each calendar year. (e) Multi-Family Districts. In Multi-Family residential districts, the outside storage and parking of such recreational equipment shall be permitted only in the area described as the off- street parking facility for the main residential structure. Such recreational equipment must be owned or leased by an occupant of the main residential structure. All other provisions of subsection (b) hereof shall be applicable to Multi-Family districts. (f) Miscellaneous. In all residential districts, the area involved in the outside storage and parking of recreational equipment as a permitted accessory use shall be included in the computation of the maximum lot coverage by buildings as provided under Section 1211.09. No provisions of Section 1211.04(a) shall in any way permit or control the parking or storage of recreational equipment. (Ord. 1983-69. Passed 1-3-85.) 1211.31 SUPPLEMENTARY DESIGN REGULATIONS. In all Multi-Family Districts, the following regulations shall apply: (a) All required parking spaces which are to be enclosed shall be enclosed garages with a permanent roof, continuous foundation, concrete floor and exterior walls pierced only by windows and doors. (b) All roofed areas shall be provided gutters and downspouts connected to an approved storm sewer. (c) All driveways and parking areas shall be designed and constructed with positive drainage with catch basins and all driveways and parking areas serving more than four dwelling units shall have concrete rolled or barrier curbs defining the limits of the paved areas. (d) Sidewalks shall be provided to all dwelling units connecting dwellings to parking areas and the public street. (e) Trash storage containers shall be enclosed with six-foot high masonry enclosures and screened with a landscaped buffer as approved by the Planning Commission. Trash enclosures shall have a concrete pad and apron adequate to support necessary collection vehicles. (Ord. 1988-245. Passed 3-16-89.) 1211.32 FAMILY HOMES FOR THE HANDICAPPED IN SINGLE FAMILY DISTRICT. Family homes for the physically handicapped, mentally retarded or developmentally disabled shall be permitted as a conditional use located in a Single Family R-1-F-80 District and shall meet the following requirements. (a) The facility shall be licensed by the State. (b) The interior and exterior design of the single family house and yards shall maintain the single family character, appearance, utilization, equipment and materials, and shall have only central dining and facilities. It shall remain one single family dwelling unit. (c) The maximum number of residents shall be limited to eight persons, excluding staff.

March 2012 Replacement 1211.33 ZONING CODE 108

(d) The dwelling shall provide not less than minimum floor area per person as per Codified Ordinances. (e) Parking and lot coverage shall be in accordance with the regulations contained in the Codified Ordinances for single family dwellings: (1) Not less than one enclosed parking space; (2) Maximum lot coverage by main building of twenty percent (20%); (3) Maximum lot coverage by accessory use of thirty percent (30%) (rear yard only). (f) The dwelling shall be located on a lot not less than 15,000 square feet in area. (g) Comply with all other rules for occupancy and use of a single family residence as specified by City, County or State law. (Ord. 1990-37. Passed 4-19-90.) 1211.33 SUPPLEMENTAL REGULATIONS FOR ESTATE SIZED SINGLE FAMILY LOTS. (a) An estate lot shall be defined as a single family residential parcel of two acres or more in size containing or proposed to contain one single family house. Such lots shall comply with the following standards and regulations in lieu of conflicting standards of Chapter 1211: Minimum lot area: 2 acres Minimum lot width: 150 feet at the building line Minimum side yard setbacks: 25 feet each side (50 feet total) Minimum front yard setbacks: 75 feet Maximum building height: 3 stories Entrance and/or landscape features: Are permitted within 10 feet of the front lot line but not greater than 6 feet in height nor wider than 10% of the lot width. Landscape entrance features: Landscape entrance features are defined as small landscape elements including such features as mounding, pillars, monuments, address numbers, or other like structures and in connection with short sections of walls, or fences to identify the intersection of a private driveway with a public street. Such landscape entrance features may not enclose a front yard either visually or physically and may occupy no more than ten percent (10%) of the parcel width, shall be set back at least ten feet from a right-of-way or front lot line or side lot line, and be not higher than thirty inches in height except for trees, lampposts or pillars or like structures, the total widths of each when added together shall not exceed four feet and each of which shall not exceed six feet in height. Maximum garage area: 1,400 square feet.

March 2012 Replacement 108A Residential Districts 1211.33

(b) Recreational Courts. The term “recreational courts” means the surface area and permanent installation of structures, recreation equipment and appendants thereto, used in conjunction with recreation activities including tennis, basketball and any other similar recreational uses. Recreational courts shall not be used for go carts, motorcycles or other motorized vehicles. Recreational courts as an accessory use in Section 1211.03 shall be permitted only on estate sized parcels as defined in subsection (a) herein and where all of the following conditions are satisfied: (1) Recreational courts shall be constructed at grade level and be comprised of clay, grass, asphalt, concrete or other similar hard surface material; (2) Recreational courts shall only be located in the rear yard; (3) Recreational courts, fences and appurtenances shall conform to the setback requirements as set forth in Section 1211.20 of this Zoning Code; (4) Appendant to said courts shall not exceed 15 feet in height from the base of said court to the top of said appendant. Fencing of the recreational courts shall not exceed 10 feet in height; (5) No floodlights, light poles or lighting of courts is permitted; (6) The total recreational court area plus all other accessory uses on property shall not exceed the minimum percent of lot coverage as permitted in Section 1211.09 of this Zoning Code; and (7) A building permit shall be required as set forth in Chapters 1313 and 1315 of the Building Code prior to the installation of any recreational court. (Ord. 1997-139. Passed 9-4-97.)

March 2012 Replacement March 2012 Replacement 109

CHAPTER 1212 Planned Unit Development District

1212.01 Intent. 1212.09 Signs. 1212.02 Use regulations. 1212.10 Design standards. 1212.03 Scope and area. 1212.11 Parking facilities. 1212.04 Land planning guidelines. 1212.12 Procedures for PUD 1212.05 Schedule of yards and District application. setbacks. 1212.13 Preliminary development 1212.06 Required open space. plan. 1212.07 Building heights. 1212.14 Final development plan. 1212.08 Dwelling unit area requirements.

1212.01 INTENT. The Planned Unit Development (PUD) District and regulations are established in order to achieve, among others, the following purposes: (a) To encourage skillful planning of residential development by allowing flexibility in type and placement of buildings while promoting coordinated architectural design within a unified development area. (b) To utilize topographic and landscape features to enhance and unify the development and to insulate the development from major arterials as well as protect adjacent residential neighborhoods. (c) To expand the scope of land planning from the concept of unrelated individual parcels and buildings to a coordinated and harmonious development. (d) To promote the efficient use of land, utilities, streets and services. (e) To promote increased open space and landscaped areas between uses and along public roads. (f) To control the vehicular circulation and access to existing roads to reduce congestion and increase safety. (Ord. 1991-42. Passed 5-16-91.) (g) In the event of a conflict between the provisions contained in this chapter and other provisions contained in these Codified Ordinances, the provisions and regulations contained in this chapter shall supersede such inconsistent provisions. (Ord. 2000-71. Passed 7-20-00.) 1212.02 USE REGULATIONS. Buildings and land shall be used and buildings shall be designed, erected, altered, moved, added to or maintained in a Planned Unit Development (PUD) District only for those uses set forth in this chapter and in schedules and regulations of this Zoning Code. (a) All buildings and uses proposed shall be designed, constructed, occupied and maintained as per the approved final development plan in accordance with Chapter 1220.

March 2012 Replacement 1212.02 ZONING CODE 110

(b) All buildings and uses shall comply with the regulations for tree preservation in accordance with Chapter 1137. (c) Buffering between a Planned Unit Development (PUD) District and adjacent R-1F- 80 Districts shall be in accordance with the requirements of Chapter 1130 unless otherwise waived by Planning Commission and Council. (d) Permitted uses and buildings shall be limited to the following uses and buildings and as further limited in Section 1212.03: (1) Single family lots as approved by Council. Within the Planned Unit Development, lot sizes, setbacks, lot widths, the location and standards of public improvements, the location and design of common lands, and other conditions shall be set forth in the Preliminary Development Plan as approved by Council. (2) Cluster detached houses and two-family homes. (3) Townhouses, atrium homes, patio houses and attached single family homes. (4) All other main uses and buildings permitted in the R-1F-80 District. (5) Public and civic uses. (e) The following uses may be permitted with the approval of the Planning Commission, Council and, if required by Charter, the majority vote of the electors: (1) Midrise multifamily dwellings. (2) Retail stores. (3) Offices. (4) Mixed use buildings defined as retail shops and/or offices with residential dwellings in the same building. (5) Restaurants. (6) Hotels. (f) Accessory uses and buildings permitted in the R-1F-80 District and in addition, recreational facilities for the exclusive use of the residents. (1) Conditional uses permitted in any residential district. (2) Accessory uses customary and incidental to uses listed in subsections (d) and (e) hereof. (Ord. 1999-66. Passed 6-3-99.) (g) In addition to the uses set forth in this section, the following uses may be permitted in Planned Unit Development (PUD) Districts of more than fifty acres of contiguous land defined as the development area, with the approval of the Planning Commission, Council and, if required by Charter, the majority vote of the electors: (1) Mixed use buildings defined as retail shops, service establishments and other business uses including offices and/or residential dwellings in the same building. (2) Restaurants (other than drive-in restaurants) and the service and consumption of food and all beverages. (3) Hotels. (4) Recreational uses. (Ord. 2000-71. Passed 7-20-00.) (5) Service establishments and other business uses as listed in Section 1216.03(e) and (g) with the exception of: tin shop; plumbing shop; repair shop; sign display; printing shop; newspaper printing establishment; which employs more than five employees; pet shop; animal hospital and animal day care establishment; mortuary; nursery/landscaping. (6) Civic uses, public buildings, public parks and open green space. (7) Licensed child day care, preschool or adult day care facilities as listed in Section 1216.03(g) by way of Conditional Use Permit. (Ord. 2007-151. Passed 10-18-07.)

March 2012 Replacement 111 Planned Unit Development District 1212.03

1212.03 SCOPE AND AREA. In order to establish or develop a Planned Unit Development (PUD) District, the development area shall comply with the following conditions: (a) The minimum area to qualify as a Planned Unit Development (PUD) District shall be not less than twenty-five acres of contiguous land defined as a development area. Such District or development area may be bisected by a public dedicated or private street as long as all parcels within the development area are controlled or owned by a person or a group of owners acting jointly under a planned development procedure. (b) The development within a Planned Unit Development (PUD) District shall be consistent with the final development plan approved by the Planning Commission and Council in accordance with the provisions of Chapter 1220. (c) Development plans shall cover the entire District indicating the uses, density, buildings, parking, landscaping and open space. Development plans shall be submitted and accepted by the owner and/or owners of all the land within the Districts. The final development plan shall be binding on the owner and/or owners, their heirs, executors, administrators, successors and assigns unless otherwise amended by action of Council. (d) The residential density and use permitted within a Planned Unit Development (PUD) District shall be as established in the approved preliminary and final development plan, however in no case shall the gross density of the entire District exceed 9.9 dwellings per acre (or less than 4,400 square feet of land per dwelling). The maximum density including open space and private streets for specific use areas as approved in a development plan shall not exceed the following standards: (1) Area containing single family homes including detached cluster homes shall not have less than 20,000 square feet of land per dwelling. (2) Areas containing multifamily townhouses, of four or more dwellings per building shall not have less than 7,500 square feet of land per dwelling. (3) Areas containing multifamily dwellings limited to mid-rise multifamily and mixed-use buildings up to four floors in height shall not have less than 2,000 square feet of land per dwelling. (4) Two-family homes, attached single family homes and including atrium houses or patio houses of two or three attached dwellings per building shall have not less than 10,000 square feet of land per dwelling. (e) The building floor area within the Planned Unit Development (PUD) District allocated to non-residential uses and buildings as listed in Section 1212.02(e) shall not exceed fifty percent (50%) of the floor area within the Planned Unit Development and the percentage established for non-residential uses and buildings on the preliminary development plan as modified in the final development plan. The floor area of any parking garages or parking structures shall not be counted as “floor area” for any purpose under this chapter. (f) Not less than forty percent (40%) of the floor area of the dwelling units within a Planned Unit Development (PUD) District shall be allocated to single family, single family cluster, attached single family or townhouse dwellings. (g) Not less than seven and one-half percent (7.5%) of the entire land area excluding perimeter setbacks within a Planned Unit Development (PUD) District shall be permanently designated for civic buildings, public uses and public parks for common use.

March 2012 Replacement 1212.04 ZONING CODE 112

(h) The Planning Commission shall determine the boundaries of each use to determine the percentage of allocation within the PUD. In a Planned Unit Development (PUD) District development exceeding fifty acres of contiguous land, not more than fifteen percent (15%) of the total land area of the district may be included in the preliminary development plan as first floor building area for retail uses. A preliminary development plan for a development district of more than fifty acres shall provide that not more than thirty-five percent (35%) of the total floor area of all buildings including the ground floor and all floors above the ground floor be devoted to retail uses. The calculation of the percent and amount of retail floor area for the purpose of the above percentages shall include restaurant floor area. Offices, banks and hotels shall not be considered retail space. The floor area for these uses shall be considered non-retail space in determining compliance to floor area and percentage limitations. Except as set forth in subsection (g) hereof or Section 1212.06, civic buildings or other public structures within the Planned Unit Development (PUD) District shall be disregarded in determining compliance with any floor area, density or percentage limitations applicable to the District. (i) The floor area of the first floor of any single retail store located in a Planned Unit Development (PUD) District exceeding fifty acres may not exceed 40,000 square feet unless the Planning Commission and Council approve a development plan incorporating a floor area for a specific single retail store but in no circumstances shall the first floor area exceed 65,000 square feet. (Ord. 2000-71. Passed 7-20-00.) 1212.04 LAND PLANNING GUIDELINES. The following planning guidelines are established to guide the planning, development and use of the land in a Planned Unit Development (PUD) District. (a) Building arrangements shall encourage variety in arrangements of the bulk and shape of the buildings, open space and landscape features. The dwellings may be arranged in various groups, courts or clusters with open spaces related to the buildings so as to provide privacy and form a unified composition of buildings and open spaces. While flexibility in design is encouraged, the following design guidelines shall be incorporated in the final development plans: (1) The adjoining properties shall be protected from loss of light and air because of the proximity or location of buildings. Buffering shall be planned and installed along the periphery of the District to screen nearby buildings and provide privacy to adjacent properties. (2) Parking areas and spacing of garage doors shall be designed to lessen the impact and limit the concentration of blank walls, garage doors and large paved areas. (3) Landscaped areas, screen walls, decorative fences, earthen mounds, hedges and other landscape features shall be used throughout the District to separate uses and buildings within the District from areas outside the District. Existing wooded areas shall be preserved where possible and existing trees which cannot be preserved shall be relocated on the site where feasible.

March 2012 Replacement 113 Planned Unit Development District 1212.05

(b) The vehicular and pedestrian circulation system and parking facilities shall be designed to provide safe movement throughout the District. Parking areas shall be limited in size, enclosed and/or screened so as not to dominate the areas between buildings. Lighting of drives, sidewalks and parking areas shall be adequate to provide safety but shall be at the heights to be determined by the Planning Commission and approved by Council in the development plan and low in brightness so as not to glare off the property or create "hot spots" of light. Driveways for group developments and local streets shall be connected to major streets at limited locations where traffic can be controlled and operated efficiently with minimum interference to the capacity of existing streets. The Planning Commission and Council shall determine the number and location of street and drive connections to any existing street. (Ord. 2000-71. Passed 7-20-00.) (c) Developments shall be designed to utilize the natural contours of the land, economize in the construction of utilities, reduce the amount of grading, and to maximize the conservation of trees and topsoil. Utility service including gas, water, sewers, electric, cable and telephone, shall be installed underground in compliance with appropriate City ordinances. (d) Retention basins, if required, shall be designed to be an integral part of the development and as an amenity to the residents. Depths of basins shall be shallow and side slopes of such basins shall be less than 3 to 1. The borders of retention basins shall have natural or curvilinear shapes and shall be planted with grass and trees so as to blend in with the landscape features of the development. (e) In the planning of single family, cluster and townhouse developments, land should be provided for private outdoor use of the occupants at such locations as entrances or garden sides of the dwellings. (f) The common land shall be readily accessible and of such shape and size to be usable for recreation, open space and landscaping. The integrity of the common open space shall be guaranteed from further division and/or use through deed restrictions or covenants. Common lands and required buffering shall be further maintained by the owner or through a homeowners association and/or condominium association. (Ord. 1999-66. Passed 6-3-99.) 1212.05 SCHEDULE OF YARDS AND SETBACKS. In a Planned Unit Development (PUD) District, yards and setbacks shall be provided in accordance with the following standards and criteria: (a) Peripheral yards and setbacks for buildings and uses of the District to any R-1F-80 District shall be not less than seventy-five feet for areas developed with townhouses; and not less than 100 feet to any non-residential uses or mid-rise multifamily dwellings; and not less than fifty feet for areas developed with single family, cluster or two-family dwellings. The Planning Commission may reduce peripheral yards and setbacks where the district abuts nonresidential uses. (Ord. 1999-66. Passed 6-3-99.)

March 2012 Replacement 1212.06 ZONING CODE 114

(b) Building yard setbacks and minimum building lines on all streets shall be according to the following schedule or as recommended by the Planning Commission and approved by Council:

USE MINIMUM FRONT YARD AND BUILDING LINE Public Street Excluding Crocker Internal Crocker (Feet) Road (Feet) Street (Feet) Main Use or Building 50 110 13 (as measured from the back of the curb) Accessory Use 50 110 13 (as measured from the back of the curb) Parking Area 50 110 15 (except a garage door or parking entrance shall be 20 feet from the back of the curb) (Ord. 2000-71. Passed 7-20-00.)

(c) Distances between buildings and uses within the Planned Unit Development (PUD) District shall be as established on the final development plan approved by the Commission and Council or as further required to meet City and state codes for fire and safety. In reviewing building separations within the District, the Commission may utilize the standards for yards found in Sections 1211.19, 1211.20 and 1211.21 as guidelines. (Ord. 1999-66. Passed 6-3-99.) 1212.06 REQUIRED OPEN SPACE. In a Planned Unit Development (PUD) District, public or private open space shall not be less than fifty percent (50%) of the gross area of the District, except in a mixed use development Planned Unit Development (PUD) District, the open space required hereunder shall not be less than twenty-five percent (25%) of the gross land area of the District. No surface retention shall be included in the calculation for the required twenty-five percent (25%) open space and no basin shall be located in any required buffer area. Open space shall be defined as land unoccupied by buildings, hard surface paving including driveways, streets and parking areas. Open space includes pedestrian walks, plazas, or areas planted with grass, ground cover, landscape material, trees or natural vegetation. Notwithstanding the designation as open space, the following open space may be used for outdoor dining, retail kiosks, entertainment and public art: (a) Pedestrian walks; and (b) Parks located in the median of boulevards within the development. (Ord. 2000-71. Passed 7-20-00.) 1212.07 BUILDING HEIGHTS. (a) Single family, cluster single family, two family and townhouse dwellings shall not exceed two and one-half stories or twenty-five feet in height as measured to the highest eave of the roof.

March 2012 Replacement 115 Planned Unit Development District 1212.10

(b) All other buildings permitted in the District shall not exceed four stories or fifty feet to the highest part of the roof. (Ord. 1999-66. Passed 6-3-99.) (c) In a mixed use development, the minimum height of all main buildings in the development site shall be two stories of usable space unless otherwise approved by the Planning Commission and Council. (Ord. 2000-71. Passed 7-20-00.) 1212.08 DWELLING UNIT AREA REQUIREMENTS. The minimum area of dwelling units shall be not less than required in the schedule in Section 1211.25 for an RMF-15 District. (Ord. 2000-71. Passed 7-20-00.) 1212.09 SIGNS. Signs shall be permitted as needed for information and traffic control as determined by the Planning Commission. Monumental entranceway signs shall be permitted at each entrance into the development in accordance with the regulations in Section 1223.04(g). Individual businesses located within the Planned Unit Development (PUD) District shall have signs in accordance with sign criteria and a master sign plan approved by the Planning Commission. (Ord. 2000-71. Passed 7-20-00.) 1212.10 DESIGN STANDARDS. The following design standards shall apply to all development in the District: (a) All required parking spaces which are to be enclosed shall be enclosed with a permanent roof, continuous foundation, concrete floor and exterior wall pierced only for ventilation, windows and doors. Underground parking which has an at grade roof covered in ground cover, landscaping, recreation facilities or landscaped patio may be counted for required open space. Parking lots shall be screened from adjacent residential uses and public streets with dense evergreen hedges or trees and/or earthen mounds or other effective screening as approved by the Planning Commission. Decked or structured parking above or below grade may be open to allow light and air into the parking structure and shall have finished exterior decorative walls and/or landscaping adequate to screen the view of parked cars within the facility from the street fronting the parking garage as approved by the Planning Commission. (Ord. 2000-71. Passed 7-20-00.) (b) All roofed surfaces shall be provided gutters and downspouts connected to an approved storm system. (c) All driveways and parking areas shall be designed and constructed with positive drainage with catch basins. All driveways and parking areas serving more than four dwelling units shall have concrete rolled or barrier curbs defining the limits of the paved areas. (d) Sidewalks shall be provided to all dwelling units connecting the dwelling to the required parking spaces and to the public streets. (e) Trash storage containers shall be enclosed with a six-foot high masonry wall on three sides with a closable door. Trash enclosures shall be screened with landscaping, located not less than six feet from any frame building and provided a concrete pad and apron adequate to support collection vehicles. (f) Buildings in the District and those constructed in phases shall be harmonious in design, exterior materials and color so as to provide a coordinated architectural design for the development area. (Ord. 1991-42. Passed 5-16-91.)

March 2012 Replacement 1212.11 ZONING CODE 116

(g) Any streets serving more than 100 dwellings, dwellings of different types or non- residential uses shall be dedicated public streets unless otherwise approved by the Planning Commission and Council. Private street pavements shall be constructed to City standards for public streets unless a different standard is approved by Council. All private streets shall be within an easement granted to the City for access. All private streets shall be owned and maintained by the landowner or condominium association. (Ord. 1999-66. Passed 6-3-99.) (h) Mixed use developments shall be pedestrian oriented with first floor retail storefronts, curbside parking, pedestrian plazas, and shall include other features such as decorative street furniture, landscaped streets and walks, weather protected walkways, outdoor seating, bicycle facilities including paths and parking, decorative pavement to indicate pedestrian areas and crosswalks, traffic calming measures, transit accommodation and signage that is compatible with the building architecture and pedestrian scale. (i) Canopies and/or awnings may project from a building face and may extend or be within one foot of the back of a curb. Open arcades providing cover over sidewalks in front of buildings may extend to within five feet of a street curb. (Ord. 2000-71. Passed 7-20-00.) 1212.11 PARKING FACILITIES. Parking and driveways shall be permitted as an accessory use in accordance with the standards and regulations of Chapter 1221 except as further regulated herein. (a) Enclosed parking required in a PUD District may be in enclosed garages or structured parking decks. In addition, open guest parking shall be provided at a rate of at least one-fourth space per dwelling unit. (b) Required enclosed parking spaces for midrise multifamily or mixed use buildings shall be located in underground parking garages or attached multi-story parking garage. The roofs of garages at grade may be used for open guest parking, driveways and landscaping. (c) In Mixed Use developments, the Planning Commission may modify the parking required and in such case shall determine how much parking is needed taking into account the hours of operation of uses, the overlap in parking demand by different adjacent uses and the types of uses proposed. (Ord. 1999-66. Passed 6-3-99.) (d) In a mixed use development containing retail buildings and other uses, the preliminary development plan shall provide that not less than 50% (fifty percent) of the required parking for the district shall be in garages or decked facilities. (e) In a mixed use development, on-street and curbside parking may be permitted by the Planning Commission and Council to a maximum of ten percent (10%) of the required parking. (Ord. 2000-71. Passed 7-20-00.) 1212.12 PROCEDURES FOR PUD DISTRICT APPLICATION. All applications for establishing a Planned Unit Development (PUD) District and amending the Zone Map shall follow the procedures outlined in this section and in accordance with Chapter 1235. (a) A request for a Planned Unit Development (PUD) District rezoning may be initiated by the Planning Commission through its Council representative, a councilman, the Mayor or the owner of record or by a bonafide purchaser under contract, option or agreement.

March 2012 Replacement 117 Planned Unit Development District 1212.12

(b) The request for rezoning shall be submitted to the Clerk of Council in accordance with Chapter 1235 except as otherwise provided herein. Such a request shall include the following: (1) Written request describing the proposed rezoning and proposed uses of the property. (2) In the case of an owner or agent request, a copy of proof of ownership or bonafide contract or agreement to purchase. (3) A legal description of the parcel or parcels to be rezoned. (Ord. 1991-42. Passed 5-16-91.) (4) Surveyor's or engineer's certification that the parcel(s) in the rezoning request consist of twenty-five acres or more of land. (Ord. 1999-66. Passed 6-3-99.) (5) Survey maps or tax maps of the parcel(s) to be rezoned including the permanent parcel numbers of all parcels or portions thereof to be rezoned. (6) Twenty copies of a preliminary development plan indicating the location, boundary, number and type of dwellings and density of the proposed uses throughout the entire district in accordance with the requirements of Section 1212.13. (c) If Council authorizes the preparation of legislation to amend the Zone Map to rezone property to Planned Unit Development (PUD) District, the proposed ordinance and preliminary development plan shall be referred to the Planning Commission as per Section 1235.04. (d) After receipt of the proposed rezoning ordinance and preliminary development plan, the Commission shall review and make recommendations to Council along with any conditions it deems necessary for the health, safety and welfare of the community. The Commission shall either amend, approve or disapprove the preliminary development plan for the proposed Planned Unit Development (PUD) District. (e) Prior to Council action on the rezoning of any land to Planned Unit Development (PUD) District, Council shall approve or approve with amendments, a preliminary development plan for the proposed District. No Planned Unit Development District shall be approved and/or created without a preliminary development plan established and approved locating the areas, types, number and density of dwellings in the District. (f) After approval of the preliminary development plan and approval of the zoning amendment in accordance with procedures of Chapter 1235, the rezoning shall be placed on the ballot to be voted on by the electorate at the next general election if the rezoning increases the density or permits multifamily dwellings where such dwellings and/or density were not previously permitted in the area to be rezoned. (g) After final approval of the rezoning to Planned Unit Development (PUD) District, a final development plan shall be submitted to the Commission in accordance with the procedures and requirements of Chapter 1220 and as further required herein. The final development plan shall be in substantial accordance with the preliminary development plan and shall comply with the following: (1) All the conditions imposed by Council in the approval of such preliminary development plan. (2) Be in conformance with all of the design standards and criteria of this Zoning Code. (3) All deed restrictions, dedications, covenants, agreements and other documents are in acceptable form and have been executed and all fees paid.

March 2012 Replacement 1212.13 ZONING CODE 118 (h) The Commission shall review the final development plan in accordance to the standards, criteria and guidelines of this chapter and the provisions of Chapter 1220. The Commission may make recommendations, amendments and specify conditions as to the placement and design of buildings, location of streets and driveways, amount and type of buffering, landscaping, lighting, and signs as may be determined by the Commission to improve the development and protect the existing and future residents. (Ord. 1991-42. Passed 5-16-91.) 1212.13 PRELIMINARY DEVELOPMENT PLAN. A preliminary development plan shall be required for all Planned Unit Development (PUD) Districts and shall be approved prior to and made part and parcel of any such zoning district applied in the City. Once approved by Council, the preliminary development plan shall be binding on the owner, successor, heirs and assigns. The preliminary development plan may be revised and amended only if submitted to and approved by the Planning Commission and Council following the provisions of Section 1212.12. However, once a preliminary development plan is approved, Council is under no obligation to amend an approved preliminary development plan. The preliminary development plan required in this chapter shall be defined as per this section and shall contain the following information: (a) Survey or engineering drawing of the development area to be rezoned. (b) Permanent parcels including parcel numbers and dimensions of all parcels or portions contained in the proposed District. (c) Location and number of dwellings by dwelling type in each area, acreage of each area and densities in each area of the District. (d) Location of existing and proposed public roads. (e) Minimum peripheral setbacks around the perimeter of the District. (f) Location of all existing structures in the District and any structures within twenty- five feet of the boundary of the proposed District. (g) Schedule of construction or phases of the development. (h) Location, type and size of any easements, covenants, deed restrictions or other restrictions proposed or recorded. (Ord. 1991-42. Passed 5-16-91.) 1212.14 FINAL DEVELOPMENT PLAN. (a) A final development plan shall be submitted and approved prior to the application of building permits. The procedure and requirements for the final development plan shall be as provided in Chapter 1220. A tree preservation plan shall be provided as part of the final development plan and shall be in accordance with the requirements of Chapter 1137 of the Planning and Platting Code. The final development plan may be phased for portions of the development area within the development plan approved by Council. Each phase of development shall contain all necessary improvements to support that phase including but not limited to: utilities, retention, access, fire protection, parking, lighting, landscaping, buffering and required trees. Each phase shall also comply with all other codes and ordinances of the City to the extent not expressly modified by the specific terms contained in this section of the Codified Ordinances. (Ord. 2000-71. Passed 7-20-00.) (b) In addition to the requirements set forth in paragraph (a) above, ninety days prior to the application for a final development plan for a development permitted under this section, the applicant shall prepare and submit for approval by the Planning Commission and City Council, a Design Manual to establish the architectural design specifications and general design guidelines for the entire Planned Unit Development proposed. The Design Manual shall include, but not be limited to, and shall provide examples of, architectural style of buildings, design features, exterior finish materials of buildings, basic design of streets, street furniture and fixtures, lighting specifications, signing standards for all street and building signage, general landscaping design, sidewalk and pedestrian plaza design criteria and other design elements of the development. (Ord. 2000-131. Passed 10-19-00.)

March 2012 Replacement 118A

CHAPTER 1213 Location of Sexually Oriented Businesses 1213.01 Purpose and findings. 1213.05 Additional regulations 1213.02 Definitions. concerning lot, yard, height, 1213.03 Sexually oriented businesses. parking, building and site design 1213.04 Location of sexually oriented standards, and site development businesses. plan requirements. 1213.06 Sign regulations for sexually oriented businesses.

CROSS REFERENCES Licensing and operation of sexually oriented business - see BUS. REG. Ch. 755

1213.01 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 City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. 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 City Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50(1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Los Angeles, California; Indianapolis, Indiana, Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington. (Ord. 1998-221. Passed 3-4-99.)

March 2012 Replacement 1213.02 ZONING CODE 118B

1213.02 DEFINITIONS. (a) “ADULT ARCADE” means any place to which the public is permitted or invited where either or both: (1) Motion picture , projectors, 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 is 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, 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 other than prophylactics, which are designed for use in connection with "specified sexual activities." 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 may 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, 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, video cassettes, slides, digital projections, laser projections, computer reproductions or similar visual reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

March 2012 Replacement 118C Location of Sexually Oriented Businesses 1213.02

(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" or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators or similar entertainment. (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 additions 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.

March 2012 Replacement 1213.02 ZONING CODE 118D

(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. (1) “SEMI-NUDITY” or “SEMI-NUDE CONDITION” or “SEMI-NUDE” means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part. (m) “SEXUAL ENCOUNTER CENTER” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: (1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude. (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 subsections (a)(1) and (2) hereof. (q) “SUBSTANTIAL ENLARGEMENT” of a Sexually Oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this chapter takes effect. (Ord. 1998-221. Passed 3-4-99.)

March 2012 Replacement 118E Location of Sexually Oriented Businesses 1213.04

1213.03 SEXUALLY ORIENTED BUSINESSES. 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 ; and (g) Sexual encounter centers. (Ord. 1998-221. Passed 3-4-99.) 1213.04 LOCATION OF SEXUALLY ORIENTED BUSINESSES. (a) Sexually Oriented Businesses may be located only in accordance with the restrictions contained in subsections (b) through (i) hereof. (b) Sexually Oriented Businesses may be located only in those areas that are to the north of the projection west of the centerline of Clemens Road and to the west of a line drawn parallel to the centerline of Bradley Road 1,350 feet east of the centerline of Bradley Road and zoned as Exclusive Industrial (L) District. However, in no event shall any such use have frontage on or access to or from Crocker Road. (c) No Sexually Oriented Business may be established on any lot which borders on or touches U. S. Interstate Highway 90 (I-90). (d) No Sexually Oriented Business may be established within 1,000 feet of: (1) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities; (2) A public or private educational facility including but not limited to child day care facilities, 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) A structure devoted to a residential use whether or not such structure is located within the limits of the City of Westlake; (4) A public or private park or public or private recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, miniature golf course, or other similar family recreation area, and other similarly used public land within the City which is under the control, operation, or management of either the City park and recreation authorities or which is operated or managed by the Cleveland MetroParks; or (5) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.

March 2012 Replacement 1213.05 ZONING CODE 118F

(e) No Sexually Oriented Business may be established within 300 feet of a residential zoning district whether or not such district is located within the City of Westlake. (f) No Sexually Oriented Business may be established, operated or enlarged within 1,000 feet of another Sexually Oriented Business. (g) 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. (h) For the purpose of subsection (d) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects, 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 subsection (d) hereof. (i) For purposes of subsection (f) hereof, the distance between any two Sexually Oriented Businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (Ord. 1998-221. Passed 3-4-99.) 1213.05 ADDITIONAL REGULATIONS CONCERNING LOT, YARD, HEIGHT, PARKING, BUILDING AND SITE DESIGN STANDARDS, AND SITE DEVELOPMENT PLAN REQUIREMENTS. (a) Lot requirements for Sexually Oriented Businesses are those specified for Recreation Businesses in Section 1216.05 of this Code. (b) Yard requirements for a Sexually Oriented Business are those specified for Recreation Businesses in Section 1216.06 of this Code. (c) Maximum Height Regulations for a Sexually Oriented Business are those specified for Recreation Businesses in Section 1216.08 of this Code. (d) Parking requirements for a Sexually Oriented Business are governed by the provisions contained in Chapter 1221 of this Code. (e) Building and site design standards for a Sexually Oriented Business are those specified in Section 1216.13 of this Code. (f) Site development plans for a Sexually Oriented Business shall be submitted to the Department of Planning in accordance with the procedures specified in Chapter 1220 of this Code. (g) Review and approval procedures for a site development plan for a Sexually Oriented Business shall be in accordance with the procedures specified in Chapter 755 of this Code, Licensing and Operation of Sexually Oriented Businesses. (Ord. 1998-221. Passed 3-4-99.)

March 2012 Replacement 118G Location of Sexually Oriented Businesses 1213.06

1213.06 SIGN REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES. (a) All signs shall be "wall signs" as defined in Section 1383.02(a)(19) of this Code, with a maximum allowable sign area of forty (40) square feet as measured in accordance with the standards specified in Section 1383.03 of this Code, and shall comply with: (1) The location standards specified in Sections 1383.05(b) and 1383.08(c) of this Code; (2) The illumination standards specified in Section 1383.07 of this Code; (3) The Design and Construction standards specified in Section 1383.10 of this Code; and (4) The list of prohibited signs specified in Section 1383.12 of this Code. (b) All signs shall be maintained in accordance with Section 1383.14 of this Code and may be ordered to be removed in accordance with the provisions of Section 1383.15 of this Code. (c) No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from a sidewalk or street adjacent to the building. (d) Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only. (e) Review and approval procedures for a sign permit for a Sexually Oriented Business shall be in accordance with the procedures specified in Chapter 755 of the Codified Ordinances, Licensing and Operation of Sexually Oriented Businesses. (Ord. 1998-221. Passed 3-4-99.)

March 2012 Replacement March 2012 Replacement 119

CHAPTER 1214 Automobile Parking Districts

1214.01 Intent. 1214.03 Use regulations. 1214.02 Conformity with regulations 1214.04 Yard regulations. required. 1214.05 Development plans.

CROSS REFERENCES District established - see P. & Z. 1205.01 Parking and loading facilities - see P. & Z. Ch. 1221

1214.01 INTENT. Automobile Parking Districts and their regulations are established in order to promote the general convenience, welfare and prosperity of the community. More specific purposes are: (a) To provide a transitional use of "buffer" area, generally between business and residence districts, wherein open land developments, such as parking areas and driveways, would be more appropriate than building developments; (b) To provide areas for expansion of off-street parking where presently needed and to control the location of accessways to such parking areas; (c) To protect adjacent residential neighborhoods from traffic congestion by setting limits, based on need, for future expansion of such parking facilities, and by establishing protective features along lines so defined. (d) To promote the most desirable use of land in accordance with a well-considered plan and to stabilize and enhance property values. (Ord. 1980-6. Passed 4-17-80.) 1214.02 CONFORMITY WITH REGULATIONS REQUIRED. In an Automobile Parking District, buildings and land shall be used, and buildings shall be erected, altered, moved or maintained, only in accordance with the provisions of this chapter. (Ord. 1980-6. Passed 4-17-80.)

March 2012 Replacement 1214.03 ZONING CODE 120

1214.03 USE REGULATIONS. Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in Automobile Parking Districts only for the following: (a) Main Buildings and Uses. (1) Residential buildings as permitted and as regulated in a contiguous One- Family and Two-Family Residential District. (2) Open, unenclosed passenger automobile parking facilities for permitted uses in adjoining residential and business districts. Such parking areas shall be free of charge and shall not be used for selling, dead storage, repairing or servicing of vehicles. (b) Accessory Buildings and Uses. (1) Accessory uses as permitted and as regulated in a contiguous One-Family or Two-Family Residential District. (2) Signs as regulated in Chapter 1223 of the Zoning Code. (3) Lighting of parking facilities as regulated in Chapter 1221 of the Zoning Code. (4) No building accessory to a parking facility shall be permitted. (Ord. 1980-6. Passed 4-17-80.) 1214.04 YARD REGULATIONS. (a) Permitted one-family or two-family dwellings shall conform to all front, side and rear yards required in their respective districts. (b) Parking facilities shall provide front, side and rear yard as required for "accessory parking" in the most restrictive contiguous district other than R-1F-80 and R-2F-100 Districts. "Buffering" shall be required as provided in Chapter 1130 of the Planning and Zoning Code. (Ord. 1980-6. Passed 4-17-80.) 1214.05 DEVELOPMENT PLANS. Development plans shall be submitted for all parking facilities in an Automobile Parking District in accordance with the provisions of Chapter 1220 of the Zoning Code. All parking facilities shall meet the provisions of Chapter 1221 of the Zoning Code. (Ord. 1980-6. Passed 4-17-80.)

March 2012 Replacement 121

CHAPTER 1215 Planned Office District

1215.01 Purpose. 1215.09 Landscape and buffer 1215.02 Use regulations. requirements. 1215.03 Schedule of permitted 1215.10 Design standards. buildings and uses. 1215.11 Development plans. 1215.04 Special lot conditions. 1215.12 Satellite receiving dish. 1215.05 Schedule of yard requirements. 1215.13 Parking and loading. 1215.06 Lot area width requirements. 1215.14 Modifications. 1215.07 Height regulations. 1215.08 Lot coverage.

CROSS REFERENCES Buffering - see P. & Z. Ch. 1130 Development plans - see P. & Z. Ch. 1220 Parking and loading - see P. & Z. Ch. 1221 Signs - see P. & Z. Ch. 1223

1215.01 PURPOSE. The Planned Office District 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. 1988-233. Passed 1-19-89.)

March 2012 Replacement 1215.02 ZONING CODE 122

1215.02 USE REGULATIONS. Buildings and land shall be used and buildings shall be designed, erected, altered, moved, added to or maintained in the Planned Office District 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 1215.03, 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 1215.03, shall require consideration and approval by the Planning Commission and Council according to the special lot conditions. (c) The accessory buildings and uses set forth in the schedule, Section 1215.03, 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 1215.04. (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 R-1F-80 District. (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 1220 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. (g) Conditional and accessory uses permitted in accordance with the special lot conditions of Section 1215.04 shall be designed, constructed, occupied and maintained so as not to exceed the maximum floor area percentage of Section 1215.04. (Ord. 1988-233. Passed 1-19-89.) 1215.03 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 Planned Office District: Schedule of Permitted Buildings and Uses Planned Office Permitted Buildings and Uses District (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 (Ord. 2003-139. Passed 7-17-03.)

March 2012 Replacement 123 Planned Office District 1215.03

Schedule of Permitted Buildings and Uses (Cont.) Planned Office Permitted Buildings and Uses District (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) (d) Retail Sales in Enclosed Buildings. (as permitted in Section 1215.04) (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 (e) Service Uses. (as permitted in Section 1215.04) (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 (2) Signs as regulated in Chapter 1223 A (3) One satellite receiving dish A (4) Trash and material storage enclosed in main building or in approved structure (b) A (a) All uses designated as A(a) are permitted only as allowed in Section 1215.04 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.

March 2012 Replacement 1215.04 ZONING CODE 124

(b) 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 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 Commission. (c) 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. 1988-233. Passed 1-19-89; Ord. 2000-24. Passed 4-20-00.) 1215.04 SPECIAL LOT CONDITIONS. Buildings may contain certain retail and service uses as identified in the Schedule of Uses in Section 1215.03(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 two acres of land and has at least 150 feet frontage on a public street, accessory or conditional uses as listed in Section 1215.03(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. 1988-233. Passed 1-19-89.) 1215.05 SCHEDULE OF YARD REQUIREMENTS. In the Planned Office District 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 schedule:

March 2012 Replacement 125 Planned Office District 1215.06

(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 Commission. (Ord. 1988-233. Passed 1-19-89.) 1215.06 LOT AREA WIDTH REQUIREMENTS. Every lot occupied by a permitted main building or use in a Planned Office District 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.

March 2012 Replacement 1215.07 ZONING CODE 126

(b) The minimum lot area shall be one acre for all permitted main buildings and uses. A lot of record at the effective date of this section with a lot area under one acre may be developed with a permitted main use if: (1) No other adjacent land is commonly owned; and (2) If all other standards can be met. (c) Any lot having a lot width of less than 150 feet of a lot area of under two acres shall not be permitted any conditional use or an accessory or conditional retail or business service use as listed in Section 1215.03(d) and (e). (Ord. 1988-233. Passed 1-19-89.) 1215.07 HEIGHT REGULATIONS. Permitted buildings and uses in a Planned Office District 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 Planned Office District is adjacent to a residential district, the maximum building height shall be thirty-five 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 feet in height shall be equipped with . (Ord. 1988-233. Passed 1-19-89.) 1215.08 LOT COVERAGE. Buildings in a Planned Office District 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. 1988-233. Passed 1-19-89.)

March 2012 Replacement 127 Planned Office District 1215.11

1215.09 LANDSCAPE AND BUFFER REQUIREMENTS. (a) The Planning Commission shall require planting and/or a fence or wall where necessary to protect residential districts adjacent to or across the street from a Planned Office District as provided in Chapter 1130. 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 Commission. Development plans shall indicate the type, height and size of all landscape materials. (c) In a Planned Office District, not less than twenty-five percent 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 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 I-90 shall be landscaped and buffered as approved by the Planning Commission to screen parking areas. (Ord. 1988-233. Passed 1-19-89.) 1215.10 DESIGN STANDARDS. In Planned Office Districts the following design standards shall be applied to all developments: (a) Sign regulations shall be as regulated in Chapter 1223 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 1223. (c) All driveways and parking lots shall be curbed with barrier-type curbing extending six inches above the parking surface. (d) All facades of buildings shall be faced with a finished such as brick, stone, glass or metal panels as approved by the Planning Commission. (e) Developments with multiple buildings or those constructed in phases shall be similar and harmonious in design and exterior materials. (Ord. 1988-233. Passed 1-19-89.) 1215.11 DEVELOPMENT PLANS. Development plans are required for all development in the Planned Office District as regulated in Chapter 1220. (Ord. 1988-233. Passed 1-19-89.)

March 2012 Replacement 1215.12 ZONING CODE 128

1215.12 SATELLITE RECEIVING DISH. A satellite receiving dish permitted as an accessory use shall be regulated under the requirements of Section 1216.12. (Ord. 1989-39. Passed 5-4-89.) 1215.13 PARKING AND LOADING. Parking and loading requirements shall be as regulated in Chapter 1221 except as provided below: (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 (Ord. 1988-233. Passed 1-19-89.) 1215.14 MODIFICATIONS. The Planning Commission and Council may approve modifications to the standards of this district under the procedures and requirements of Chapter 1220. (Ord. 1988-233. Passed 1-19-89.)

March 2012 Replacement 129

CHAPTER 1216 Business Districts

1216.01 Purpose. 1216.08 Height regulations. 1216.02 Use regulations. 1216.09 Supplementary height 1216.03 Schedule of permitted regulations. buildings and uses. 1216.10 Access to automobile 1216.04 Lot area regulations. service stations. 1216.05 Lot width regulations. 1216.11 Development plans. 1216.06 Yard regulations. 1216.12 Satellite transmitting/receiving 1216.07 Lot coverage regulations. dish. 1216.13 Design standards. 1216.14 Supplemental retail building regulations. 1216.15 Dover Village Overlay Regulations. CROSS REFERENCES Shopping Center development plans - see PLAN. & PLAT. Ch. 1109; ZON. Ch. 1220 Design standards for subdivisions - see PLAN. & PLAT. Ch. 1127 Residential district regulations - see ZON. Ch. 1211 Industrial district regulations - see ZON. Ch. 1218 Off-street parking and loading facilities - see ZON. Ch. 1221 Sign regulations - see P. & Z. Ch. 1223 Nonconforming uses - see ZON. Ch. 1225 Conditional use permits - see ZON. 1227.01 et seq. Similar uses - see ZON. Ch. 1229 Front facing of industrial and commercial structures - see BLDG. 1361.02

1216.01 PURPOSE. Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel/Motel Districts are established herein in order to achieve, among others, the following purposes: (a) To provide in appropriate and convenient locations, zoning districts of sufficient size to serve and to promote the economic development of the community; more specifically: (b) To provide Office Building Districts for both local and regional offices adjacent to business areas and accessible to residents and in which such uses are compatible with adjoining residential districts;

May 2011 Replacement 1216.02 ZONING CODE 130

(c) To provide Executive Office Park Districts for offices located in a planned development of buildings on large parcels; (d) To provide Shopping Center Districts of sufficient size and in highly accessible locations to encourage the development of planned, integrated shopping centers within the community; (e) To provide General Business Districts in which individual businesses which supply convenience and shopping goods and services may locate; (f) To provide Interchange Services Districts in convenient areas directly related to the freeway interchanges to serve the needs of through and local motorists; (g) To provide Recreation Business Districts to serve the recreational needs of the public and to avoid establishing unrelated uses in other retail business districts; (h) To provide Hotel/Motel Districts to serve the special and changing needs of the transient public. (i) To protect adjacent residential and business properties by restricting the type of uses, particularly at the common boundaries, which would create hazards, noise, odors or other objectionable influences; (j) To relieve traffic congestion on the streets by requiring off-street parking and loading facilities; and (k) To promote the desirable and beneficial use of the land based upon the Guide Plan and directed to bring about eventual conformity with the Plan as it may be amended. (Ord. 1986-121. Passed 9-4-86.) 1216.02 USE REGULATIONS. Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel/Motel Districts only for the uses set forth in each district respectively, in the schedules and regulations of this Zoning Code. (a) The main buildings and uses set forth in the Schedule, Section 1216.03 shall be permitted by right as the principal building or use of a zoning lot. (b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirement or other features; they shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council according to procedures and standards set forth in Chapter 1227. (c) The accessory buildings and uses set forth in the Schedule, Section 1216.03, shall be permitted as a subordinate building or use, if they are planned and developed integrally therewith, clearly incident thereto, and located on the same zoning lot as the main building or use.

May 2011 Replacement 131 Business Districts 1216.03

(d) Except as permitted in subsection (h) below, a building designed and constructed as a residence cannot be occupied, in whole or in part, by another use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan. The reconstruction shall be made to conform to all requirements of the Building Code pertaining to commercial structures. (e) A lot occupied by a structure containing a dwelling unit shall not be occupied by any other main use permitted herein or an accessory use other than accessory to the dwelling. (f) Dwellings of all types shall be prohibited in all Executive Office Park, Shopping Center, Interchange Services, Recreation Business and General Business Districts. (g) Existing one- and two-family houses within a General Business District shall be construed as nonconforming uses, but may be continued, extended, altered, enlarged, relocated and maintained, subject to all lot area, building area, lot coverage and yard regulations of the nearest residential district. (Ord. 1989-221. Passed 11-16-89.) (h) A building which is an historic landmark of 100 years of age or older and certified as an historic building by the Westlake Historical Society and listed on the Ohio Historic Inventory, may be occupied and used for the uses permitted in the district in which the historic building is located, but is limited by the following schedule: (1) Institutional uses limited to: church, library, museum or art gallery; public or quasi-public nonprofit recreation or community center; (2) Office uses including: professional, financial, governmental, administrative, real estate and insurance offices; (3) Service establishments limited to: beauty, barber and hair salons, photographic studios, and decorating shops; (4) Sale, teaching or creation of: arts, crafts, antiques, flowers, gifts or jewelry; and (5) Any other main use otherwise permitted in the zoning district in which the historic building is located may be permitted as a conditional use only. Said historic building may be used without a redesign and reconstruction with regard to exterior design, and shall be renovated and preserved to its original design and materials in a manner necessary to comply with the life, health and safety ordinances of the City. Interior building design and facilities, including entrance and exit, shall comply with the applicable Building Code requirements as per Part 13 of the Codified Ordinances. Site improvements shall comply with the applicable land improvement requirements and zoning requirements of Parts 11 and 12, respectively, including: drainage, parking and landscaping. Any conversion from residential use to business use or site improvements required by a change in use shall require the approval of a Development Plan as per Chapter 1220. (Ord. 1996-177. Passed 11-7-96.) 1216.03 SCHEDULE OF PERMITTED BUILDINGS AND USES. The following schedule enumerates all main, conditional and accessory buildings and uses that are permitted in an Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel/Motel Districts. Those buildings and uses that are permitted and regulated as main, conditional and accessory uses in these districts are designated as an “M”, “C” or “A”, respectively, placed opposite the use and in the under the district.

May 2011 Replacement 1216.03 ZONING CODE 132

Schedule of Permitted Buildings and Uses District Permitted Buildings Off. Exec. Shop. Gen. Intch. Rec. Hotel/ and Uses Bldg. Off. Park Cntr. Bus. Serv. Bus. Motel (a) Institutional Uses: (1) Park, playground or other public recreation useMMMMMM (2) Church M M M M M M (3) Public and parochial primary or secondary school and public and private college or university M C M M M M (4) Public buildings: A. Police and fire stations, City Hall, Post Office M M M M M M B. Library, museum and art gallery M M M M C. Public or quasi- public nonprofit recreation or community center M M M M M D. Hospital or medical arts building M M M M (b) Offices: (1) Professional, financial, governmental, public utility, administra- tive sales M M M M M (2) Professional, finan- cial, administrative and sales within the same building contain- ing a main recreational business use specified in subsection (g) hereof M (c) Retail sale in enclosed buildings: (1) Groceries, meats, fruits, vegetables M M (2) All general merchandise, dry goods, notions M M (3) Wearing apparel, shoes, hats M M (4) Household hardware, wallpaper, paint M M

May 2011 Replacement 133 Business Districts 1216.03

Schedule of Permitted Buildings and Uses (Cont.) District Permitted Buildings Off. Exec. Shop. Gen. Intch. Rec. Hotel/ and Uses Bldg. Off. Park Cntr. Bus. Serv. Bus. Motel (c) Retail sale in enclosed buildings (Cont.): (5) Furniture, appliances, floor coverings M M (6) Sporting goods M M A (7) Drugs, periodicals, tobacco M M (8) Flowers, gifts, jewelry M M (9) State liquor stores M M (10) Large retail store C(l) (11) Bakeries, candy, bread, ice cream shops for retail sales M M (d) Other Retail Sales Outlet: (1) Automotive service station for the sale of gasoline, oil and auto accessories; for auto lubrication, routine maintenance and minor repair work within enclosed buildings M(h) M(h) Canopies over gasoline pumps A A (2) Garage for the repair of automobile motors and bodies within a wholly enclosed building M M (3) Sale of new automobiles and new car rental agency C(a)(c)(t)C(a)(c)(t) (4) Second-hand automobile sales A(b)(c)(t)A(b)(c)(t) (5) Sale of farm and garden supplies C(t) (6) Camping trailer and boat sales MC(t) MC(t) (7) Drive-in restaurant Ci Ci (8) Automobile car wash C C (9) Service of lawn and garden equipment entirely within enclosed buildings on the premises M (10) Convenient food sales, not to exceed 1,000 square feet of sales floor within a building which may not exceed 3,000 square feet A(m)

May 2011 Replacement 1216.03 ZONING CODE 134

Schedule of Permitted Buildings and Uses (Cont.) District Permitted Buildings Off. Exec. Shop. Gen. Intch. Rec. Hotel/ and Uses Bldg. Off. Park Cntr. Bus. Serv. Bus. Motel (e) Service Establishments: (1) Beauty and barber shops A(d) M M (2) Laundry and/or dry cleaning agencies provided no work shall be done on the premises for other outlets; self- service laundry M M (3) Shoe, hat repair shop M M (4) Radio and television repair M M (5) Photographic studios A(d) M M (6) Tin shop, plumbing shop, furnace repair shop, sign display or decorating shop M (f) Recreational Uses: (1) Bowling alley M M M (2) Dance hall M (3) Roller skating or ice skating rink M (4) Swimming, tennis boccie ball and volleyball C C C M (5) Golf driving range C M (6) Par 3 or miniature golf course C M A M (7) Regulation golf course M (8) Theater - indoor M C C (9) Gymnastics, gymnastics training school and body conditioning C C C M (10) Racquetball, handball and indoor tennis C C C M (11) Indoor Soccer Facility C M (g) Other Business Uses: (1) Printing shop, newspaper printing establishment employing not more than five employees M (2) Radio or television station M (3) Pet shop, animal hospital and animal day care establishment provided noise and odors are effectively limited to the premises C(y) (4) Bus station M

May 2011 Replacement 135 Business Districts 1216.03

Schedule of Permitted Buildings and Uses (Cont.) District Permitted Buildings Off. Exec. Shop. Gen. Intch. Rec. Hotel/ and Uses Bldg. Off. Park Cntr. Bus. Serv. Bus. Motel (g) Other Business Uses (Cont.) (5) Mortuary M (6) Motel or hotel M M (7) Heliport, helistop C (8) Commercial or municipal parking facilities for licensed automobiles A A A M M A (9) Training schools of a private, technical or professional nature C C M (10) Banks C C M M M (11) Conference center C (12) Printing and copy center A(d) M M (13) Nursery/ landscaping C C(t) (14) Extended Stay Hotel M(g) (15) Animal Hospital C (16) Licensed child day care, preschool or adult day care facility C(k)(n) C/A(n) C(n)(o) C(n)(o) (17) (EDITOR’S NOTE: Former subsection (g)(17) was repealed by Ordinance 2003-26, passed April 17, 2003.) (18) Service and consumption of food and all beverages on the premises within an enclosed building on the premises C(e) M M M M (19) Self service storage establishment C(x) (h) Accessory Uses Incidental to Permitted Buildings and Uses: (1) All storage shall be wholly enclosed within the main or other approved building A A A A A A (2) Incinerator A A A A A A (3) Restaurant and/or assembly room in connection with a motel or hotel A A A (4) Beauty and barber shop A A A A

May 2011 Replacement 1216.03 ZONING CODE 136

Schedule of Permitted Buildings and Uses (Cont.) District Permitted Buildings Off. Exec. Shop. Gen. Intch. Rec. Hotel/ and Uses Bldg. Off. Park Cntr. Bus. Serv. Bus. Motel (h) Accessory Uses Incidental to Permitted Buildings and Uses: (Cont.) (5) Swimming pool and/or other recreational facility in connection with a motel or hotel A A (6) Restaurant or snack bar wholly enclosed within and in connection with an office building, public building or motel or hotelA A(d)AAAA A (7) Pharmacy limited to the sale of pharmaceuticals and medical supplies and wholly enclosed within and in connection with a permitted main building or use A A(d) A A (8) Shoe repair A (9) Copy centers A (10) Gym and health facilities A (11) Photo studios A (12) Off-street parking and loading facilities as permitted and as regulated in Chapter 1221 A A AAAA A (13) Signs as permitted and as regulated in Chapter 1223 A A AAAA A (14) All accessory uses permitted within any residential district in connection with a permitted dwelling A (15) One Satellite Receiving DishA(f) A(f) A(f) A(f) A(f) A(f) A(f) (16) Trash and material storage enclosed in main building or in an approved structure (j)A A AAAA A (17) Drugs, periodicals, tobacco A(d) A A

May 2011 Replacement 137 Business Districts 1216.03 Schedule of Permitted Buildings and Uses (Cont.) District Permitted Buildings Off. Exec. Shop. Gen. Intch. Rec. Hotel/ and Uses Bldg. Off. Park Cntr. Bus. Serv. Bus. Motel (h) Accessory Uses Incidental to Permitted Buildings and Uses: (Cont.) (18) Flowers, gifts, jewelry and notions A(d) A (19) Outdoor retail sales of live plants, flowers and farm produce A(q) A(q) (20) Outdoor sales of home garden materials, equipment and supplies A(s) A(s) (21) Recreational facilities and mechanical amusement devices as an accessory use to a restaurant A(u)(v) A(u)(v) A(u) A(u)(v) (Ord. 1989-134. Passed 6-15-89; Ord. 1993-76. Passed 7-15-93; Ord. 1993-77. Passed 7-15-93; Ord. 1993-138. Passed 12-2-93; Ord. 1995-40. Passed 4-20-95; Ord. 1995-43. Passed 5-4-95; Ord. 1996-18. Passed 7-9-96; Ord. 1996-155. Passed 11-7-96; Ord. 1997-33. Passed 6-19-97; Ord. 1997-76. Passed 5-15-97; Ord. 1997-127. Passed 9-4-97; Ord. 1997-247. Passed 2-19-98; Ord. 1998-238. Passed 1-7-99; Ord. 1999-142. Passed 10-21-99; Ord. 1999-176. Passed 12- 16-99; Ord. 1999-205. Passed 4-20-00; Ord. 2000-60. Passed 6-15-00; Ord. 2000-155. Passed 2-15-01; Ord. 2001-86. Passed 9-6-01; Ord. 2002-162. Passed 12-19-02; Ord. 2003-238. Passed 2-20-04; Ord. 2003-243. Passed 2-19-04; Ord. 2009-138. Passed 6-17-10.) (a) Sale of new automobiles and new car rental agency means a building and land used by a franchised automobile dealer or an automobile rental agency principally for the sale or rental of new automobiles and sale of new trucks not exceeding one ton rated capacity. Service garage, body shop, leasing department and other activities customarily incidental to a full service franchised automobile dealer are permitted accessory uses to such a full service franchised automobile dealer only, provided these uses are in the same building as the new car salesroom. All body work shall be performed in a soundproof portion of the building. (b) Sale of used automobiles and trucks not exceeding one ton rated capacity provided such accessory use is incidental only to franchised new automobile dealership and the sale and storage of such vehicles is on the same lot to the main new automobile dealership. (Ord. 1995-40. Passed 4-20-95.) (c) Lighting - lighting fixtures for outdoor display of vehicles shall be placed behind the building setback line and shall be not more than 25 feet above grade. Lighting shall be prefocused or focusable type and shall be directed downward and away from adjoining properties and public streets. Offices for any use shall be permitted only in the main building. No public address system shall be used or installed for use outside of any building. Only one building shall be permitted on a lot. Separate buildings for various activities associated with the sale of new automobiles shall be prohibited. (Ord. 1989-134. Passed 6-15-89.) (d) Retail and service uses permitted as Accessory Uses in an Executive Office Park District shall be limited to not more than 10% of the ground floor area of an office building. Such accessory uses shall be located on the ground floor of that permitted building. Access to permitted accessory uses shall be through the principal means of egress to the main building. (e) A restaurant may be permitted with a Conditional Use Permit within an office building in the Executive Office Park District and shall comply with the following regulations:

May 2011 Replacement 1216.03 ZONING CODE 138

(1) Conditional restaurant shall be wholly enclosed within and incidental to an office building. (2) Conditional restaurant floor area shall be no more than 25% of the ground floor area and no more than 10% of the entire office building floor area in which it is located. (3) Conditional restaurants shall have a main entrance through the principal means of egress to the main building and may have a second entrance for patron use which must face a major arterial or state highway. (4) All portions of the conditional restaurant including its delivery and trash areas shall be located within 300 feet of a major arterial or state highway and the parcel shall have frontage on and all vehicle access onto said major arterial or state highway. (5) Such other requirements as may be imposed by the Planning Commission or Council. (Ord. 1997-127. Passed 9-4-97.) (f) See Section 1216.12. (Ord. 1989-134. Passed 6-15-89.) (g) In a Hotel or Motel District rooms or accommodations shall not be used as a permanent or voting residence by any person. Any person occupying a room in excess of thirty consecutive days at an extended stay hotel shall be presumed to be a permanent resident in violation hereof. Sleep study laboratories operated by a licensed medical facility may be an accessory use in an extended stay hotel in this district. (Ord. 2011-16. Passed 3-3-11.) (h) The sale of alcoholic beverages at service stations is prohibited. (i) In addition to the general conditions under Section 1227.03, the following conditions shall apply to drive-in restaurant facilities: (1) A parcel proposed for a drive-in restaurant food service facility shall not abut any residential district and/or use. (2) Drive-in restaurant facilities shall provide a six-foot high fence and/or a minimum of twenty feet of landscaping buffer along the side and rear of the parcel containing such facility. (3) Drive-in facilities including signs, speakers and order windows shall not be located in any required side, rear or front yard. (4) A drive-in restaurant food service shall be located on a parcel not less than 2.5 acres per each building containing a drive-in restaurant in addition to any acreage requirement for other building or use on the same parcel. (Ord. 2005-1. Passed 5-5-05.) (5) A separate driveway for automobile stacking shall be provided for not less than six vehicles in front of each order window or remote station such as a speaker. Stacking lanes shall not be located within the required parking and/or loading setback and shall not occupy any area needed to access any parking spaces. (6) No off-site or on-street stacking of vehicles shall be permitted. In the event that a drive-in facility causes vehicles to back up onto a public road, such drive-in facility shall provide additional stacking lanes or discontinue the drive-in facility. (7) No drive-in restaurant or food service window, outside order, outside pickup or speaker etc. shall be allowed to operate between the hours of 12:00 p.m. midnight and 6:00 a.m. (8) Drive-in facilities shall be designed to provide safe and separate on-site pedestrian circulation between parking spaces and building entrances. (9) All exterior faces of the building shall be of approved finished material as per Section 1361.02 of the Building Code. (10) Parking shall be set back at least fifty feet from the planned right of way where abutting a public street or private drive.

May 2011 Replacement 138A Business Districts 1216.03

(j) All trash receptacles shall be located wholly within the main building or in an approved enclosure structure. Exterior trash enclosures shall be six feet in height with masonry walls on three sides with a solid gate or door on the fourth side. Enclosures shall be designed to be compatible in design and material as the main building. Exterior enclosures shall be at least six feet from the main building and provide a setback from property lines equal to the required loading area setback. Where adjacent to residential districts, trash enclosures shall be further screened with a landscape buffer approved by the Planning Commission. (Ord. 1989-134. Passed 6-15-89.) (k) In addition to the general conditions of Section 1227.03, the following conditions shall apply to the licensed child care facilities and preschool facilities in an Office Building District: (1) The parcel for development is at least two acres in lot area. (2) The parcel for development has a minimum lot width of 200 feet. (3) The front yard setback for the building and use is not less than 100 feet. (4) The development provides a safe and separated pedestrian access between the building, public sidewalks, driveway and/or parking lots. (5) The maximum building coverage shall be 15% of the total zoning lot. (Ord. 1997-239. Passed 4-2-98.) (l) In addition to the general conditions of Section 1227.03, the following conditions shall apply to large retail stores: (1) The parcel proposed for large retail stores shall not be less than twenty acres; (2) The parcel shall have at least 300 feet of frontage; (3) All access shall be onto the following major arterial streets: Columbia Road, Detroit Road, Sperry Road or Crocker Road; (4) All uses and storage, except for parking and approved signs shall be in wholly enclosed buildings; and (5) The entire parcel shall be within one-half mile of an interstate freeway ramp. (Ord. 1993-77. Passed 7-15-93.) (m) Convenient food sales of subsection (d)(10) hereof is only a permitted accessory use to an automotive service station as set forth in subsection (d)(1) hereof. (Ord. 1995-43. Passed 5-4-95.) (n) Additional regulations for adult day care facilities. (1) No overnight stays are permitted. (2) Applicant must apply for, obtain and maintain annual certification from the Ohio Department of Human Services, the Ohio Department on Aging and/or their designated regional agency to operate as a PASSPORT provider, or in the event that the PASSPORT program is discontinued, apply for, obtain and maintain a similar license from the State of Ohio for adult day care facilities. Applicant must comply with any and all future applicable State licensing requirements as they are implemented. (3) All adult day care facilities to be located on a single floor with ground level access to all doors without stairs.

May 2011 Replacement 1216.03 ZONING CODE 138B

(4) Adult day care facility shall contain not less than 90 square feet of gross floor area per person with not less than 60 square feet per person of net indoor activity and living area. In addition, adult day care facility shall provide not less than 35 square feet per person of outdoor sitting, walking and activity area. (5) The outdoor activity area shall be completely enclosed in a minimum 5 foot high fence with locks and alarm monitored . (6) A drop-off and pickup area shall be provided with handicap accessible access within 30 feet of the main entrance and provide a vehicle storage lane for not less than six vehicles. (7) The main entrance to the building and all emergency exits shall be accessible to emergency medical vehicles and fire emergency vehicles. (8) Compliance with Chapter 1373 of the Building Code is required. (Ord. 1996-18. Passed 7-9-96.) (o) In addition to the general conditions of Section 1227.03, the following conditions shall apply to the licensed child care facilities and preschool facilities in a Shopping Center or General Business District: (1) The day care or preschool shall be the single use within the building and sole use on the parcel. (2) The lot contains sufficient land and size to provide adequate open space, safe vehicular, pedestrian, and emergency vehicle access, good circulation patterns and vehicle queing on the property. (3) The front yard setback for the building and use is not less than 100 feet. (4) The side yard setbacks for the buildings are not less than twenty feet. (5) The maximum building coverage shall be 15% of the total zoning lot. (Ord. 1997-239. Passed 4-2-98.) (p) (EDITOR’S NOTE: Former subsection (p) was repealed by Ordinance 2003-26, passed April 17, 2003.) (q) Seasonal outdoor retail sales of live plants, flowers and farm produce only shall be permitted as an accessory use to a permitted main use within a Shopping Center or General Business District, and a temporary permit shall be issued by the Director of Inspections after written application by the proprietor of the tenant space upon the following conditions: (1) The written application by the proprietor of the tenant space shall be accompanied by an application fee of one hundred dollars ($100.00). (2) No permit shall be issued for seasonal sales of the permitted items for a period exceeding thirty consecutive days which permit shall be conspicuously posted. (3) No such seasonal permits shall be issued to any one applicant or to the same premises so that the total days for such permit would exceed ninety days in any calendar year.

May 2011 Replacement 138C Business Districts 1216.03

(4) The permit shall define the area which shall only be in the front of the tenant space to be used for such temporary sales and shall be designed so as to set aside at least sixty inches of unoccupied space to provide adequate passage for pedestrians, the handicapped, bicycles, onlookers and passersby and there will be no blocking of ingress and egress, passageways, fire lanes, driveways or parking spaces. (5) The space for such temporary sales shall provide adequate lighting and be designed in such a manner that the safety of onlookers, customers, pedestrians and passersby is ensured. (6) The area devoted to such temporary sales shall be kept free of litter and debris and shall be restored to its original condition as before the temporary sales period use was placed thereon. (Ord. 1999-142. Passed 10-21-99.) (r) Indoor theaters shall meet the following minimum site standards: minimum lot area of eight acres; minimum lot width of 300 feet; minimum yard setbacks no less than required for a hotel in an Interchange Services District, and a maximum lot coverage of fifteen percent (15%). (Ord. 1999-176. Passed 12-16-99.) (s) Accessory outdoor sales of home garden materials, supplies and equipment shall meet the following standards in Shopping Center and General Business Districts: (1) There shall be no bulk storage, sale or display of garden or landscaping materials except in packaged form in containers ready for retail sale to the general public. (2) The area shall have appropriate masonry brick, split face block or other finished wall and decorative fencing or other separation from parking, walkways and other areas used by the general public. Such wall separation shall be at least ten feet in height and no more than fifteen feet in height and no material, supplies or equipment shall be stacked within the designated area to a height greater than the wall or separation and no materials, supplies or equipment shall be displayed or sold outside of the designated area. (3) The total area for such sales shall not exceed fifteen percent (15%) of the gross area of the building occupied by the applicant, as defined in Section 1203.04(e), of the applicant’s main use. The total area for such use shall be included in the total area permitted to be occupied by the applicant in accordance with this Code as defined in Section 1216.14 and/or 1203.18(s). (4) The area for outside sales shall not encroach on any building setbacks, shall be kept free of litter and debris and shall be at all times maintained in such a manner as to ensure the safety of onlookers, pedestrians, customers and passersby. (Ord. 1999-205. Passed 4-20-00.) (t) The provisions of Section 1216.14(b) shall only apply to the building floor areas. In addition to the general standards of Section 1227.03(b), the outdoor sales, storing or display of products and material shall maintain the front, side and rear setbacks required for buildings in the same district. The outdoor display or storage of products including new and used vehicles, boats, trailers, farm and garden equipment and supplies shall be screened and buffered from view from any adjacent property and/or public street, including I-90 and in accordance with the requirements established in these Codified Ordinances. (Ord. 2000-60. Passed 6-15-00.)

May 2011 Replacement 1216.03 ZONING CODE 138D

(u) The accessory use for amusement devices shall be limited to the area defined by the Ohio Department of Liquor Control as a permit premises for the purpose of on premises consumption of alcoholic beverages and all such amusement devices must be contained within that defined permit premises. (v) The total area for such use shall not exceed ten percent (10%) of the customer service area. (Ord. 2000-155. Passed 2-15-01.) (x) Self service storage establishments shall not be permitted in General Business Districts unless such proposed use shall meet the following conditions, requirements and standards: (1) Council must determine that a unique topographical feature exists which creates a situation where such use would have minimal negative impact on abutting properties. (2) Such use shall be fully enclosed and located below a building containing a use permitted in General Business Districts or totally located below surface parking. (3) The proposed location of garage or overhead doors for vehicle access or user access shall be the minimum number possible to effectively use the facility and shall not be located so as to have a significant impact upon abutting properties. Individual units in the self service storage establishment shall have access only from the interior of the building and no such units shall have access doors to permit access to units from the exterior of the building. (4) The self service storage establishment shall provide interior driveway circulation for vehicles to access storage units in a safe manner. (5) The self service storage establishment shall be fully sprinkled, contain proper ventilation and other necessary safety monitors and shall meet all other Code requirements for such facility including Westlake Codified Ordinances, the Ohio Revised Code and any national building codes or standards adopted by the City. (6) The exterior of the self service storage establishment shall be the same exterior finish as the main building structure. The storage area shall contain a minimum of 10,000 square feet in total area. (7) No outside storage of any sort shall be allowed except as permitted as an accessory use to the main use of the building. (Ord. 2002-162. Passed 12-19-02.) (y) (1) All boarding of animals shall be within an enclosed building; (2) Any outdoor exercise area shall be fenced and located outside any building setback for the District and not be located in the front yard; (3) All noise and odors shall be confined to within the enclosed building such that no disturbance is made to any adjoining property owner or resident; and (4) Domestic animal boarding is limited to common household pets. Wild, dangerous and/or undomesticated animals as defined in Section 505.20 shall not be permitted. (Ord. 2003-243. Passed 2-19-04.)

May 2011 Replacement 139 Business Districts 1216.04

1216.04 LOT AREA REGULATIONS. Every lot occupied by a main building or use in an Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business or Hotel/Motel District shall comply with the requirements of lot area as indicated in the following schedule: Schedule of Minimum Lot Area Requirements District Main Building or Use Lot Area-Minimum Acres Office Building Any permitted use (a) 1 acre Executive Office Park Any permitted use 4.0 acres (c) Shopping Center Large retail store 20 acres Drive-in Restaurant 2.5 acres Any other permitted use 3 acres General Business Service Station 1.5 acres Automatic car wash 1 acre (b) Any other permitted use 1 acre New car franchise dealers (conditional use) 4.0 Drive-in Restaurant 2.5 Interchange Service station 1.5 acres Services Auto garage 1.5 Service station with garage 2.0 Hotel or motel (separate) 3.0 Hotel or motel (combined with eating, assembly or recreation uses) 4.5 Restaurant (separate) 2.0 Office building 2.0 New car franchise dealer (conditional use) 4.0 Drive-in Restaurant 2.5 Recreation Any permitted use 1.0 Business Hotel/Motel Hotel or Motel or Extended 3.0 Stay Hotel (separate) Hotel or Motel or Extended Stay Hotel (combined with eating, assembly or recreation uses) 4.5 (a) A lot not meeting the minimum lot area may be developed if: (1) It was a lot of record at the time of the Zoning Amendment (1987-220), and (2) No adjacent land is commonly owned, and (3) All other standards can be met. (b) Provided it is demonstrated on the development plan that an area is shown for temporary storage of not less than twenty automobiles in waiting lanes.

May 2011 Replacement 1216.05 ZONING CODE 140

(c) The minimum development area, i.e., the minimum area zoned for Executive Office Park District, shall be not less than 12 contiguous acres under common ownership or control. Upon recommendation of the Planning Commission and approval by Council, a site of less than 12 acres if found to be suitable for an Executive Office Park District because of location, configuration, surrounding uses or other similar conditions may be zoned Executive Office Park District. Further, upon recommendation of the Planning Commission and approval by Council, a lot of less than 4 acres may be approved for development within an Executive Office Park District if the developer submits to the Planning Commission with his development plans as required under Chapter 1220, a plan as required under Section 1125.07. (d) The lot area upon which a motel-hotel or extended stay hotel is situated shall be not less than set forth in the above schedule or not less than 1500 square feet of lot area for each lodging unit, whichever is greater. Each lodging unit shall contain at least 275 square feet of floor area and except in the case of an extended stay hotel shall not contain cooking facilities. For purposes of determining compliance with this section, the number of lodging units shall equal the number of within the development. (Ord. 1987-220. Passed 3-17-88; Ord. 1993-73. Passed 7-15-93; Ord. 1997-246. Passed 2-19-98; Ord. 2000-152. Passed 11-16-00.) 1216.05 LOT WIDTH REGULATIONS. Every lot in an Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business or Hotel/Motel District occupied by a main building or use shall have a minimum lot width not less than the standard set forth in the following schedule: Schedule of Minimum Lot Width Requirements District Main Building or Use Lot Width-Minimum (Ft.) Office Building Any permitted use 150 Executive Office Park Any permitted use 300 Shopping Center Any permitted use 300 Drive-in Restaurant 250 General Business Service station 150 (a) Automatic car wash 100 Any other permitted use 150 New car franchise dealers (conditional use) 300 Interchange Service station 200 Services Auto garage 200 Service station with garage 250 Hotel or motel (separate) 200 Hotel or motel (combined with eating, assembly, recreation uses) 300 Restaurant (separate) 200 Office building 200 New car franchise dealers (conditional use) 300 Drive-in Restaurant 250

May 2011 Replacement 141 Business Districts 1216.05

Schedule of Minimum Lot Width Requirements (Cont.) District Main Building or Use Lot Width-Minimum (Ft.) Recreation Business Any permitted use 150 Hotel/Motel Hotel or Motel or Extended Stay Hotel Separate 200 Hotel or Motel or Extended Stay Hotel (combined with eating, assembly recreation uses) 300 (a) In a General Business District, all gasoline stations shall have not less than 150 feet frontage on each of two intersecting streets. (b) (1) Except for parcels of land consisting of no less than fifteen (15) contiguous acres located in Interchange Services District the main buildings and uses set forth in the schedule of Buildings and Uses, Section 1216.03, shall be located on such zoning lot having access to and frontage on a dedicated public street. Such public street shall contain utilities required to serve the proposed development or the utilities shall be available to the lot through an established easement. Such access and frontage shall be not less than 100 feet as measured at the public street line unless otherwise approved by the Planning Commission and Council. (2) In Interchange Services Zoning Districts for parcels of land consisting of no less than fifteen (15) contiguous acres private streets are acceptable in lieu of a right of way dedicated for use by the public, if the applicant agrees that the new lots will be subject to all zoning and development ordinances, standards and regulations and agrees to maintain said private streets. The area of the private street will be deducted from the overall development area in the calculation of any maximum lot coverage, density, or landscaping, but will be included as part of the physical limits of one or multiple lots that make up the subdivision and will include access easements for the City and the public onto the private street to adjacent lots. (Ord. 2010-76. Passed 9-2-10.) (c) Access to public streets within 600 feet of freeway ramps and within 400 feet of the following major street intersections shall be controlled in the interest of public safety and reasonable access: (I-90 & Crocker, I-90 & Columbia, I-90 & Clague, Detroit & Clague, Detroit & Columbia, Detroit & Canterbury, Detroit & Dover, Detroit and Bassett, Detroit & Crocker, Detroit and Bradley, Center Ridge & Bradley, Center Ridge & Dover Center, Center Ridge & Canterbury, Center Ridge & Columbia, Center Ridge & Clague and Crocker Road & Center Ridge Road). Developments within 1,000 feet of the above streets intersections shall be planned so that the first driveway or access street shall be not less than 600 feet from the interchange ramp centerline or 400 feet from the arterial interchange centerlines. Access to parcels within this frontage may be accomplished by marginal service roads, parallel service roads, combined or shared access drives, driveway connections between properties or other approved facilities. The Planning Commission may require driveway connections serving adjacent parcels within 1,000 feet of the above intersection to accomplish these objectives. Whenever is it not feasible to provide such facilities, the Planning Commission may approve temporary access at lesser distances, provided the development and future facilities are planned to meet the objectives of this section. (Ord. 2009-70. Passed 9-3-09.)

May 2011 Replacement 1216.06 ZONING CODE 142

(d) A lot or parcel not meeting the minimum lot width in the Office Building, Shopping Center or General Business Districts may be developed if: (1) It was a lot of record at the effective date of the Zoning Amendment 1987- 221, and (2) No adjacent land is commonly owned, and (3) All other standards of this section can be met. (Ord. 1987-221. Passed 3-17-88; Ord. 1997-246. Passed 2-19-98.) 1216.06 YARD REGULATIONS. In Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel-Motel Districts, front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use in accordance with the following schedule: Schedule of Minimum Yard Dimensions (in feet) Dist. Permitted Front Yd. Side Yd. (h) Rear Yd. (h) Bldg. Lot Lot Lot Lot Lot Lot Lot or Use Abuts Abuts Adjoins Adjoins Abuts Adjoins Adjoins Maj. St. Sec. Res. Non Res. a Street Res. Non Res. (a) St. (a) Dist. Dist. (corner lot) Dist. Dist.

Office Bldg. Dwelling Same as in a R-MF-24 District Office, Public Building and 60 40 40(d) 15(c) 40 40(d) 40 all other uses except hospital Hospital 75 75 40 40 75 40 40 Parking 30 30 20 10 20 30 10 Exec. Any Office permitted 80 80 80 25 100 80 25 Park main bldg. plus plus plus plus plus plus (e) or use bldg. bldg. bldg. 1/2 bldg. bldg. 1/2 bldg. above ht. ht. ht. ht. ht. ht. ground 100min. 100min. 100 min. 40 min. 100 min.40 min. parking structure Parking area 100 100 80 25 100 80 25 Private street NA NA 80 25 NA 80 25 Loading area NP NP 80 50 100 80 50

May 2011 Replacement 143 Business Districts 1216.06

Schedule of Minimum Yard Dimensions (in feet) Dist. Permitted Front Yd. Side Yd. (h) Rear Yd. (h) Bldg. Lot Lot Lot Lot Lot Lot Lot or Use Abuts Abuts Adjoins Adjoins Abuts Adjoins Adjoins Maj. St. Sec. Res. Non Res. a Street Res. Non Res. (a) St. (a) Dist. Dist. (corner lot) Dist. Dist.

Shop- Any ping permitted Center main building or use 100 100 100 20(c) 100 100 20

Parking area 30 30 30 10 20 40 10 Loading area NP NP 50 15 50 50 15

Gen. Automobile Bus. service station accessory use (g) 60(b) 60(b) 60 10 60 60 30

(1) All other main and accessory buildings and uses 60 60 60 10(c) 60 60 10 Parking area 20 20 60 10 20 60 10 Loading area NP NP 60 15 50 60 15

Inter- Service change station or Servi- garage ces accessory use (g) 70(b) 50(b) 50 30 50 120 30

Hotel, motel 110 60 60 30 60 120 30 or restaurant All other permitted main uses 80 60 60 30 50 80 30 Parking area 40 40 40 15 40 40 15

May 2011 Replacement 1216.06 ZONING CODE 144

Schedule of Minimum Yard Dimensions (in feet) Dist. Permitted Front Yd. Side Yd. (h) Rear Yd. (h) Bldg. Lot Lot Lot Lot Lot Lot Lot or Use Abuts Abuts Adjoins Adjoins Abuts Adjoins Adjoins Maj. St. Sec. Res. Non Res. a Street Res. Non Res. (a) St. (a) Dist. Dist. (corner lot) Dist. Dist.

Recreation Busi- Any ness permitted main building or use 100 100 100 20 100 100 20

Parking area 40 40 30 10 20 40 10

Hotel- Motel or Extended Stay Hotel 110 60 60 30 60 120 30

Parking Area 40 40 40 15 40 40 15 NA - Not applicable; NP - Not permitted. (a) Distance shall be measured to the planned right-of-way line. (b) Gasoline pumps at an automobile service station may be erected in front of the main building setback line, but not closer than twenty-five feet to the planned right- of-way line. (c) In Office Building, Shopping Center and General Business Districts where an office or business building, other than an automobile service station, is planned adjacent to another office or business building, the buildings shall either be attached or shall be located not less than the required distances from the lot line. (Note: It is the legislative intent that the situation described above will only occur when a developer who owns two contiguous parcels is phasing the construction of a building to be situated on both parcels and the first phase is completed on or near the lot line between the two parcels. The other situation which the legislative body contemplates which may be permitted under these circumstances would be where two different owners of adjacent properties simultaneously construct buildings on both properties which by way of common development plan could abut at the lot line.)

May 2011 Replacement 145 Business Districts 1216.06

(d) For buildings more than thirty feet in height, side and/or rear yards adjacent to residential districts shall be increased two feet for each foot in height above thirty feet. (e) In Executive Office Park Districts buildings on the same lot shall be separated by a distance equal to not less than one-half the height of the buildings but in no case shall the distance be less than fifty feet. The yards between the buildings shall be landscaped but may include a drive not less than twenty-four feet wide. Parking may be permitted between buildings, however, the distance between the buildings shall be increased twenty feet for each parking bay. The minimum distance between buildings on the same lot may be reduced to thirty-five feet if the buildings are connected by a walkway or skyway above the first floor. An emergency access drive may be permitted within the required space. No loading areas (docks), garbage and trash containers shall be visible from adjacent lots. Buildings and accessory parking areas shall be located not less than thirty-five feet from the edge of the pavement of a private street. (f) All private roadways in an Executive Park District shall be improved in accordance with the requirements of Section 1129.08. (g) (1) Service stations existing and operating as of June 1, 1981, shall be permitted to construct canopies over the pump islands in front of the main building setback line or the side yard setback line but the canopy shall not extend more than ten feet beyond the row of pumps nearest a public right of way but in no case shall the canopy extend over an existing right of way. In the event a canopy is erected over a planned right of way and it becomes necessary to expand the existing right of way, the owner of the canopy shall be required to remove that part of the canopy which would then encroach on the expanded existing right of way. (2) New service stations and rebuilt service stations (a rebuilt station is defined as one in existence as of June 1, 1981, but not in operation on June 1, 1981, or thereafter) shall be permitted to construct canopies over the pump islands in front of the main building setback line or the side yard setback line but the canopy shall extend no closer than twenty feet from the planned right of way. (h) Required side and rear yards for parking areas shall be landscaped and not used for driveways except as permitted by the Planning Commission to connect adjacent parking areas. The Planning Commission shall require planting and/or a fence or wall where necessary, to protect residential districts adjacent to or across the street from a business district as provided in Chapter 1130. 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. (Ord. 1987-222. Passed 3-17-88; Ord. 1997-246. Passed 2-19-98; Ord. 2000-88. Passed 9-21- 00.)

May 2011 Replacement 1216.07 ZONING CODE 146

1216.07 LOT COVERAGE REGULATIONS. Every lot occupied by a main building or use in an Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business or Hotel/Motel District, shall comply with the requirements of percentage of lot coverage as indicated in the following schedule: Schedule of Lot Coverage Regulations Lot Coverage-Maximum District Permitted Main Building or Use % of Total Area Office Building Any permitted use (a) 1 story - 25% 2 story - 20% 3-4 story - 15% Executive Office Any permitted use (b) (c) Park Determined by building height as follows: 6 story - 15 5 story - 17 4 story - 19 3 story - 21 1 or 2 story - 23 Shopping Center Any permitted use 20 General Business Service Station 20 Any other permitted use 20 New car franchise dealers (conditional use) 20 Interchange Service station 15 Services Auto garage 20 Service station with garage 20 Hotel or motel (separate) 15 Hotel or motel (combined with eating, assembly, recreation) 17 Restaurant (separate) 15 Office Building 20 New car franchise dealers (conditional use) 20 Recreation Business 15 Hotel - Motel Hotel or Motel or Extended Stay Hotel (separate) 15 Hotel or Motel or Extended Stay Hotel (combined with eating, assembly, recreation) 17

May 2011 Replacement 147 Business Districts 1216.08

(a) In an Executive Office Park District, the minimum ground floor area of any building shall be not less than 10,000 square feet; except as permitted below: (1) One additional free-standing building of less than 10,000 square feet ground floor area, but not less than 2,500 square feet may be permitted where a Main office building exists or is constructed concurrently, where said Main office building contains not less than 10,000 square feet ground floor area and not less than 50,000 square feet total office floor area. In order to apply for an additional building under 10,000 square feet, the subject parcel of the Main building must contain at least 10 acres and all buildings and parking shall meet the required setbacks of the District. The uses permitted in any additional building under 10,000 square feet shall be limited only to Main or Conditional Uses and not any Retain and service uses nor Restaurant use referenced in Section 1216.03, footnotes to (d), (e), respectively. (b) In an Executive Office Park District, the area used for parking and entrance, exit and internal roads shall not exceed fifty-five percent (55%) of the area of the lot not occupied by the building (the building foot print). The balance of the lot not occupied by the building and the parking and road area shall be landscaped. It may be possible that the parking and road area may occupy less than fifty-five percent (55%) of the lot remaining after deducting the building foot print, thereby creating an undeveloped area of more than forty-percent (40%) of the lot after deducting the building foot print but it is the intent that this entire area be landscaped. All portions of a lot not occupied by permitted main and accessory buildings and uses shall be landscaped with appropriate ground cover or other plantings. In Interchange Service Districts that are occupied by a hotel or motel or in a Hotel/Motel District, the area that has to be landscaped shall be not less than twenty-five percent (25%) of the entire lot area. In all other districts, not less than twenty-five percent (25%) of the entire area shall be landscaped. In all business districts not less than five percent (5%) of the land area within the parking areas, in addition to and not including the above required landscaped areas and in addition to all required side yards, shall be permanently reserved for and developed in planting areas. Such areas shall be not less than ten feet in any dimension and distributed throughout the parking area so as to interrupt the vast expanse of pavement. (Ord. 1987-223. Passed 3-18-88; Ord. 1997-246. Passed 2-19-98; Ord. 2008-28. Passed 10-16-08; Ord. 2009-20. Passed 5-7-09.) 1216.08 HEIGHT REGULATIONS. Permitted buildings and uses in Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business or Hotel-Motel Districts, shall not exceed the height regulations provided in the following schedule: Schedule of Building Height Regulations Number of Feet Number of Story District (Maximum) (Maximum) Office Building 50 Executive Office Park 75 6 Shopping Center 50 General Business 50 Interchange Services 60 Recreation Business 35 Hotel-Motel 60 (Ord. 1986-128. Passed 9-4-86.)

May 2011 Replacement 1216.09 ZONING CODE 148

1216.09 SUPPLEMENTARY HEIGHT REGULATIONS. (a) Within any business district, chimneys, domes, elevator penthouses, skylights, spires, ventilators or other necessary appurtenant features usually carried above roofs of structures permitted in each respective district, when erected upon and as an integral part of a building, and if such structures are not used for human occupancy, may be erected above the height limit specified in the Schedule of Building Height Regulations in Section 1216.08, but in no case shall such feature exceed ten feet above the maximum height permitted in the District. (b) Antennae (those not covered under Chapter 1224) and other similar structures, including flagpoles and other structures may be erected up to the height limit specified in the Schedule of Building Height Regulations in Section 1216.08, subject to the following provisions: (1) The height from the base of such structure, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line. (2) Certain structure types are regulated elsewhere in the Zoning Code including but not limited to: light poles in Section 1216.13(f); freestanding signs in Section 1223.05(a); and telecommunication facilities in Section 1224.07. (Ord. 2007-82. Passed 6-21-07.) (c) All buildings in any Business District which have four or more stories or which exceed thirty-five feet in height shall be fully equipped with elevators. (Ord. 1969-169. Passed 7-16-70; Ord. 2003-26. Passed 4-17-03.) 1216.10 ACCESS TO AUTOMOBILE SERVICE STATIONS. In an Interchange Services or General Business District, all driveways, platforms and curbs of gasoline service stations, whether located on a City street, County road or State highway, shall be in accord with "Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways Under State Jurisdiction in Ohio: adopted by the Ohio Department of Transportation, as amended or revised, the regulations set forth in this chapter notwithstanding. (Ord. 1969-169. Passed 7-16-70.) 1216.11 DEVELOPMENT PLANS. Development plans shall be prepared and submitted for approval for all uses proposed in Office Building, Executive Office Park, Shopping Center, General Business, Interchange Services, Recreation Business and Hotel-Motel Districts, in accordance with the regulations provided in Chapter 1220. In an Executive Office Park District, a general plan of the entire development area shall be prepared and submitted for approval as provided in Chapter 1220. (Ord. 1986-129. Passed 9-4-86.)

May 2011 Replacement 149 Business Districts 1216.13

1216.12 SATELLITE TRANSMITTING/RECEIVING DISH. One satellite transmitting/receiving dish as an accessory use in Section 1216.03 and 1218.03 shall be permitted only where all of the following conditions are satisfied. No owner or occupier of property shall erect or install a satellite transmitting/receiving dish without first obtaining all necessary building permits. (Ord. 1998-3. Passed 5-4-00.) (a) Location. A satellite transmitting/receiving dish shall be located in rear yards only or on the roof of a structure when such installation is structurally sound. (b) Height. The satellite transmitting/receiving dish shall be erected, not to exceed fifteen feet in height. Said measurement shall be calculated from the established grade to the top of the dish, which measurement shall include the height of any base upon which it is mounted. Satellite transmitting/receiving dishes located on the roof of a structure shall not exceed fifteen feet above the plane upon which it is mounted. (c) Size. A satellite transmitting/receiving dish shall not exceed ten feet in outside diameter. (d) Landscaping or Screening. A satellite transmitting/receiving dish shall be screened by a structure or landscaping in accordance with the buffering requirements of this Zoning Code. Said landscaping or screening shall be half the height of the satellite dish measured from the established grade and be placed on all open sides. (e) Safety Requirements. The satellite transmitting/receiving dish shall be constructed and anchored in such a manner as to withstand winds of 100 miles per hour velocity. If the receiving dish is mounted on a roof, the roof must be structurally sufficient to support the weight thereof. In addition to the foregoing requirements, the satellite transmitting/receiving dish shall be placed where it will not have an adverse effect on the surrounding properties, including but not limited to sight lines and the creation of interference with any electric appliances, equipment or communications devices located on or within adjoining and/or surrounding properties. The satellite transmitting/receiving dish shall be fixed in a permanent such that it would only be removable for repair or replacement. No signs shall be permitted on any satellite transmitting/receiving antenna. (Ord. 1995-214. Passed 2-15-96.) (f) Satellite transmitting/receiving dishes of two meters or smaller shall be exempt from the requirements set forth in subsections (a) through (e) hereof. No building permit is required for dishes two meters or less. (Ord. 1998-3. Passed 5-4-00.) 1216.13 DESIGN STANDARDS. In all Business Districts, the following design standards shall be applied to all developments: (a) Sign regulations shall be as regulated in Chapter 1223 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 1223. (c) All driveways and parking lots shall be curbed with barrier-type curbing extending six inches above the parking surface.

May 2011 Replacement 1216.14 ZONING CODE 150

(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 Planned Commission. (e) Developments with multiple buildings or those constructed in phases shall be similar and harmonious in design and exterior materials. (f) Maximum height of the light pole shall be twenty feet including the support base. (g) Exterior lighting shall have downward cast not to extend upon adjoining property. (Ord. 1990-65. Passed 4-19-90.) 1216.14 SUPPLEMENTAL RETAIL BUILDING REGULATIONS. The following regulations shall apply to all business districts wherein which retail sales to the general public are permitted, except Shopping Center Districts located within one-half mile of an interstate interchange wherein large retail stores are permitted: (a) No individual retail store unit shall have a floor area that exceeds the greater of 40,000 square feet or thirty-five percent (35%) of the total retail floor area on the subject parcel or development. (b) “Floor area” for retail use is defined in Section 1203.04(d) and means the area at the ground level of the main building and all accessory buildings and uses, excluding unenclosed porches, terraces and steps, not used for retail sales. (Ord. 1999-143. Passed 12-2-99.) 1216.15 DOVER VILLAGE OVERLAY REGULATIONS. The following regulations shall apply to the properties zoned Office Building District and General Business District located in the area defined as all properties fronting onto Center Ridge on the north side from 26314 Center Ridge (at Canterbury Road) to 27396 Center Ridge; on the south side from 26315 Center Ridge to 27333 Center Ridge Road; and on the south side of Westwood from 26915 to 26945 Westwood Road. Within the Dover Village area defined herein, buildings and improvements shall follow the regulations and standards of this Section 1216.15 including the design guidelines established for the area unless otherwise approved by Council. (a) The minimum front building setback for new buildings and additions shall be not less than twenty (20) feet from the planned right-of-way provided no parking shall be located between the front or side face of a building and the street sidewalk and not less than fifteen (15) feet from a side street planned right-of-way. (b) The minimum side and rear building setback shall be not less than ten (10) feet unless adjacent to a residential zoned district wherein the side or rear building setback shall be not less than thirty (30) feet. (c) The minimum parking setbacks from the planned right of way as well as front, side and rear shall be not less than ten (10) feet except where adjacent to a residential district wherein the setback shall be not less than twenty (20) feet. (d) Service station or any automotive use permitted in the underlying district shall locate the building at the twenty (20) foot setback and the pumps, canopies and service bays shall be located to the side or rear of the building. (e) The width of driveways including parking aisles shall be not less than twenty (20) feet nor more than twenty-four (24) feet unless otherwise approved by Planning Commission in locations that require added lanes for turning or single lanes for one-way drives.

May 2011 Replacement 150A Business Districts 1216.15

(f) Parking lots shall be located to the side or rear of buildings and limited to twenty- four (24) spaces unless divided by landscape strips, parking dividers and/or pedestrian walkways. The minimum amount of landscaping within the outer edges of the paved areas shall be five percent (5%). Parking lots with more than fifty (50) spaces shall provide ten percent (10%) landscaping within the outer edges of the paved areas. (g) The minimum amount of landscaping on the entire site shall be twenty percent (20%) of the parcel. Planning Commission may allow the use of decoratively paved plazas, and pedestrian areas as landscaped area. (h) The maximum building height for buildings shall be thirty (30) feet and two stories. (i) All other regulations that apply to General Business District and Office Building District not herein provided shall apply to building and uses in the Dover Village area. (j) Outdoor dining areas otherwise regulated by Chapter 707 shall be permitted on all sides of a building or yard except where abutting a residential district and shall not obstruct any private or public sidewalk, nor obstruct any parking area or access drive, nor obstruct motorists sight views at driveway exits or at intersections. (k) Dover Village Building and Site Design Guidelines. These Dover Village Design Guidelines are intended to supplement the design review guidelines found in Chapter 1237 of the Westlake Codified Ordinances and provide more specific guidance based on the unique attributes of the Dover Village area. In the event there is a conflict between the Chapter 1237 general guidelines and these guidelines, those adopted for Dover Village area would take precedence within the Dover Village area. (1) Building details, particularly on the front facade, should be designed for maximum visual interest. Standardized corporate prototype buildings are discouraged; buildings should be designed to respond to the context of the Westlake community and the Dover Village area. (2) Buildings should be designed with details and materials to evoke the village look with building styles and designs common of the mid-century 1940's through the 1950's. (3) Blonde or red brick are the preferred exterior cladding materials. Artificial cladding materials, such as obviously faux stone and synthetic stucco (i.e. Dryvit) are discouraged. (4) Storefront windows provide an opportunity to display merchandise and provide "eyes on the street." Clear glass should be retained in existing storefront windows, and existing windows should not be reduced in size or eliminated on street-facing facades. (5) Awnings are encouraged to provide protection from the weather for pedestrians, evoke the period and provide location for signage. (6) Main entries should be clearly defined, and emphasized with architectural detailing, awnings, lighting, and/or signage. (7) Decorative paving is encouraged for sidewalks and other paved areas on private property. (8) Landscaping should be concentrated at parking lot edges to soften the appearance of parking from the street and to provide definition to curb cuts; landscaped islands within a parking lot are also encouraged.

May 2011 Replacement 1216.15 ZONING CODE 150B

(9) Trash dumpsters must be in enclosures as specified in Section 1216.03(j) of the Westlake Codified Ordinances. Loading areas and mechanical equipment should be located to the rear of buildings, with fencing and landscaping to screen these areas from public view. (10) Mechanical equipment on the ground and waste receptacles must be screened with a fence or plant material as approved by the Planning Commission, or housed in a structure that is in harmony with the surroundings. (11) Mechanical equipment attached to the side or roof of a building, including heating vents, should be kept as low as possible and screened. Color should be compatible with the background. (12) Accessory loading areas should be located in unobtrusive areas and be screened or blocked from public view. (13) Pedestrian-scaled light fixtures using high pressure sodium lamps will add a warm glow to the district at night and are appropriate along the sidewalk and within parking lots. Round fixtures with simple, streamlined poles evoke the architectural era of the district. (14) Benches and trash receptacles were not commonly found in mid-century commercial streetscapes, but these elements are welcome in the district today. Timeless, elegantly designed benches and trash receptacles, that do not recall any specific time period, will provide for pedestrian comfort without detracting from the character of the area. Color recommendations for paving materials can be found in the Dover Village palette. (15) Bus benches were very common in the 1940s and 1950s, so as an alternative to the previous guideline, decoratively painted bus benches could be incorporated into the Dover Village streetscape as a public art opportunity. (16) Sidewalks should be generous within the district along the street and leading to each building entrance. New sidewalks should have at least six feet (6') clear passageway. (l) Dover Village Supplemental Sign Regulations. These Dover Village Sign Regulations are intended to supplement the signage regulations found in Chapter 1223, and provide more specific guidance based on the unique attributes of the Dover Village area. In the event there is a conflict between the Chapter 1223 sign ordinance and these guidelines, those adopted for Dover Village area would take precedence within the Dover Village area. (1) Signs should be designed to evoke the graphic and architectural identity of the 1940s and 1950s. Historically authentic reproductions of signs from this era are not required, but sign graphics with a "retro" quality are encouraged. Using colors from the Dover Village palette is encouraged for sign age in the district. (2) Painted sign panels with overhead, gooseneck light fixtures are appropriate in this district, as are signs that use exposed neon tubing to spell out the name of a business. (3) Panel signs or individual letter signs are appropriate to the district; internally illuminated box signs or awning signs are more contemporary in appearance and are inconsistent with the architectural styles encouraged for the district.

May 2011 Replacement 150C Business Districts 1216.15

(4) Feature signs are encouraged for retail businesses in the district. These multi-sided or three-dimensional signs help to establish a unique identity for a business and are usually designed to depict or symbolize some aspect of the business they are identifying. (5) Temporary window signs are discouraged, as they tend to make a storefront appear cluttered, but permanent window signs can be designed to supplement the main signage, adding color and excitement to building facades at the pedestrian level. (6) Durable materials, such as brick, stone, and metal, are preferable for monument signs; monument signs should have landscaping at the base. (7) Sign bands should be established on primary facades to establish a clear location for signage. (8) Projecting signage may be appropriate, particularly on corner buildings, to reinforce the architectural character of the district. (9) Unique "feature" signs are encouraged to add distinction to businesses in the area. (10) Monument signs are preferable to pole signs, and should have a landscaped base. Existing pole signs are considered nonconforming. (11) Businesses within a retail strip are not required to have matching signs, but some degree of continuity, in terms of color palette, sign type, sign placement, and method of illumination is encouraged. (12) Section 1223.10 of the City's Zoning Code provides additional standards for sign design and shall be followed. (13) Shopping center signage may be uniform for each tenant, or individual businesses within the center may have more flexibility in establishing their own sign identity. In the latter case, a coordinated sign plan must be developed by the shopping center owner and approved by the City. (14) Directory signs listing individual tenants are appropriate, but the design of these signs should incorporate materials and architectural details from shopping center buildings. (15) Directory signs should be designed for maximum legibility by pedestrians and motorists, and must be sited in a way that does not obscure views for drivers entering or exiting the shopping center. A minimum setback of ten feet from the right-of-way is required for monument signs. (m) Architectural Palette. (1) The Dover Village palette includes dark, earth-based tones and lighter pastel colors. (2) Red or blonde brick is encouraged as the exterior cladding material for buildings in the Dover Village District; building base colors should be limited to a relatively small number of choices shown in the Dover Village base color palette that are in keeping with the overall character of the district. (3) Trim colors should be selected from the broader Dover Village accent palette to coordinate with a building's roofing and siding materials. (4) Primary colors (red, yellow, blue) and stark black and white combinations are discouraged for signage in the district, in favor of the more subtle colors in the Dover Village palette. (Ord. 2008-36. Passed 6-5-08.)

May 2011 Replacement May 2011 Replacement 151

CHAPTER 1217 Integrated Shopping Facility District

1217.01 Purpose. 1217.09 Form and contents of 1217.02 District established. application; site plan. 1217.03 Permitted uses. 1217.10 Review of application; 1217.04 Size and area requirements. findings. 1217.05 Required parking facilities. 1217.11 Effect of approval. 1217.06 Required buffer strips. 1217.12 Deposits and fees. 1217.07 General requirements. 1217.13 Amendments. 1217.08 Application for district classification; referral to Planning Commission.

CROSS REFERENCES Parking and loading facilities - see P. & Z. Ch. 1221 Signs - see P. & Z. Ch. 1223 Conditional uses - see P. & Z. Ch. 1227

1217.01 PURPOSE. The purpose of this chapter is to provide regulation for the development of integrated shopping facilities requiring a large area of land, proximity to adequate roads and a marketing area sufficient to support its potential. (Ord. 1982-27. Passed 12-16-82.) 1217.02 DISTRICT ESTABLISHED. There is hereby created an Integrated Shopping Facility District. The use shall be an enclosed shopping mall constructed as a single unitary structure. All uses shall have direct access from the interior of the enclosed mall. The mall shall contain a minimum of two department or specialty stores of not less than 75,000 square feet each. These two stores shall be referred to as the anchor tenants. (Ord. 1982-27. Passed 12-16-82.) 1217.03 PERMITTED USES. In addition to the uses set forth in Section 1217.02, the following uses are also permitted in an Integrated Shopping Facility District:

May 2011 Replacement 1217.03 ZONING CODE 152

(a) Main Permitted Uses in Enclosed Shopping Mall. (1) Retail sales. A. All general merchandise, dry goods, notions. B. Wearing apparel, shoes, hats. C. Household hardware, wallpaper, paint. D. Furniture, appliances, floor coverings. E. Sporting goods. F. Drugs, periodicals, tobacco. G. Flowers, gifts, jewelry. H. Serving and consumption of food and beverages during the normal hours of operation of the enclosed shopping mall. (2) Service establishments. A. Beauty and barber shops. B. Dry cleaning agencies provided no work shall be done on the premises for other dry cleaning outlets. C. Shoe, hat repair shop. D. Photographic studios. E. Public or quasipublic nonprofit recreational or community center. (b) Accessory Uses in District. (1) Parking and loading facilities shall be in accordance with Section 1217.05. (2) Signs shall be in accordance with Section 1217.07. (3) Trash receptacles, provided they shall be located wholly within the main building or in an approved enclosed structure. Exterior trash enclosures shall be six feet in height with masonry walls on three sides with a solid gate or door on the fourth side. Enclosures shall be designed to be compatible in design and material as the main building. Exterior enclosures shall be at least six feet from the main building and provide a setback from property lines equal to the required loading area setback. Where adjacent to residential districts, trash enclosures shall be further screened with a landscape buffer approved by the Planning Commission. (c) Conditional Permitted Uses in District. (1) All conditional permitted uses must be applied for in accordance with Chapter 1227. (2) Conditional permitted uses in enclosed shopping mall: A. Pet shop, provided noise and odors are effectively limited to the premises. B. Banks. C. Ice skating rink. D. Theater. E. Groceries, meats, fruits, vegetables. F. Print or copy center. G. Restaurant having external entrances and to be operated outside the normal hours of operation of the enclosed shopping mall. (3) Conditional permitted uses detached from the enclosed shopping mall: A. Park, playground or other public recreation use. (Ord. 1991-130. Passed 10-3-91.)

May 2011 Replacement 153 Integrated Shopping Facility District 1217.05

1217.04 SIZE AND AREA REQUIREMENTS. The following are the minimum standards established for an Integrated Shopping Facility District: (a) Minimum District Size. The minimum district size is fifty acres. District depth may not exceed district width by more than two to one times, except where necessary to conform to natural features of the land. At no point shall the district be of insufficient width or depth to prevent installation and maintenance of required buffer areas. (b) Coverage Limits. The building constructed in an Integrated Shopping Facility District shall not occupy more than twenty percent (20%) of the entire district area. A minimum of twenty percent (20%) of the district shall be planted and/or otherwise landscaped. All portions of the use district not occupied by the permitted building uses, driveways, and required parking areas shall be landscaped. (Ord. 1982-27. Passed 12-16-82.) 1217.05 REQUIRED PARKING FACILITIES. For all permitted uses, the following minimum number of parking spaces shall be required in Integrated Shopping Facility Districts. The size, location and physical layout of parking spaces and areas shall be the same as required in other zoning districts, except as hereinafter specified. (a) Parking and Loading Facilities. Parking and loading areas shall be in accordance with the Integrated Shopping Facility District standards as set forth in this chapter and in accordance with the procedures and standards set forth in Chapter 1221. (1) Parking spaces shall be calculated at a ratio of four and five-tenths spaces per 1,000 square feet of gross leasable area. (2) No parking within 100 feet of all other districts. (3) The total of all parking units shall be equal to the required parking as defined. (4) All loading areas shall be screened from visual contact from the district perimeter. (5) Parking and loading facilities shall be according to the procedures and standards set forth in Chapter 1221. (6) No parking shall be permitted within the required buffer area. (7) Roadways shall not be used to calculate parking. (b) Parking Area Surface. Parking shall be designed, regulated or treated so as to prevent the excessive production of airborne dust or dirt, or soil erosion onto adjacent property. (c) Parking Area Improvements. All parking areas required by these district regulations shall be graded and improved in accordance with the Building Code. The unit of any one parking area may not be more than twenty thousand (20,000) square feet and not exceed a depth to width ratio of five to one. Each such parking unit shall be surrounded by a fifteen-foot landscaped area, excluding driveways to such parking units. (Ord. 1982-27. Passed 12-16-82.)

May 2011 Replacement 1217.06 ZONING CODE 154

1217.06 REQUIRED BUFFER STRIPS. Buffering requirements for an Integrated Shopping Facility District are as follows: (a) Wherever an Integrated Shopping Facility District adjoins a residential district, a buffer strip 100 feet in width shall be provided for any lot developed in accordance with these district regulations, further any building or structure must be set back an additional 100 feet from the buffered area, thereby placing such building or structure a minimum of 200 feet from the residential district. This buffer strip shall be landscaped with evergreen shrubs and trees, and a security fence not less than six feet in height installed. Mounding shall be encouraged. (b) Whenever a development in an Integrated Shopping Facility District adjoins a public highway, street or right of way, a buffer strip 100 feet in width shall be provided. (c) All fences required by subsection (a) hereof shall be installed ten feet from the property line, and the finished surface, if any, shall face the adjoining property. (Ord. 1982-27. Passed 12-16-82.) 1217.07 GENERAL REQUIREMENTS. In addition to the foregoing requirements, all development within an Integrated Shopping Facility District shall be subject to the following regulations: (a) Solid Waste Collection. Trash compactors, dumpsters or other similar use facilities for the storage of trash removed from any building shall be contained within the loading area or any other area sufficiently screened from visual contact. (b) Access Driveways to Parking Areas and Internal Streets. (1) Access driveways to parking areas shall be in accordance with Section 1221.11. (2) Internal streets shall be constructed with curbs to define the limits of the roadway. (c) Lighting. Outdoor lighting shall be designed and approved by an illuminating engineer, to prevent glare or direct light onto adjacent residential property, and except for security lighting or occasional special event lighting, outdoor lighting shall be diminished after 10:00 p.m. (d) Height of Buildings. (1) The building shall not have more than two stories above natural grade level elevation as defined in Section 1203.09(b), and the maximum height of the building shall not exceed thirty-eight feet above natural grade level elevation, as defined above, exclusive of cornices, decorative material, mechanical devices and towers. (2) All mechanical devices shall be screened. (e) Sign Requirements. (1) All signs must comply with Chapter 1223, except as specifically modified in this chapter. (2) No pole signs are permitted. (3) One sign is permitted as the entrance to the district. (4) Only the anchor tenants may have signs attached to the face of the building. (Ord. 1982-27. Passed 12-16-82.)

May 2011 Replacement 155 Integrated Shopping Facility District 1217.10

1217.08 APPLICATION FOR DISTRICT CLASSIFICATION; REFERRAL TO PLANNING COMMISSION. An owner of land in the City which is of sufficient size to meet the area requirements of Section 1217.04 may apply to Council for reclassification of such land as an Integrated Shopping Facility District. Council shall refer each application to the Planning Commission for review and recommendation. Council shall not reclassify land as an Integrated Shopping Facility District until the Planning Commission has acted upon the matter, or until the Planning Commission has failed to act within sixty days after the referral of an application or any extension thereto granted by Council. (Ord. 1982-27. Passed 12-16-82.) 1217.09 FORM AND CONTENTS OF APPLICATION; SITE PLAN. An application for reclassification of land as an Integrated Shopping Facility District must be accompanied by twenty copies of a proposed site plan prepared by an architect, landscape architect, engineer, land surveyor or planner. The plan shall include the following: (a) Survey showing the existing features of the property, contours, buildings, large trees, streets, easements, existing uses and surrounding areas within 500 feet. (b) Site plan showing proposed building location, land use areas, traffic circulation, parking, loading, pedestrian walks, landscaping, grading, signs and lighting. (c) Preliminary drawings for the building to be constructed, including exterior elevations and sections. (d) Preliminary engineering plans for, but not limited to, drainage systems, public utility extensions and sewage disposal. (e) Traffic engineering study of area including but not limited to traffic impact study, existing condition report, projected site traffic report, capacity analysis and summary and recommendations. (f) The plan shall be drawn to a scale of not less than fifty feet to the inch. (g) Any additional information reasonably requested by the Planning Commission, including but not limited to the identity of at least one anchor tenant. (Ord. 1982-27. Passed 12-16-82.) 1217.10 REVIEW OF APPLICATION; FINDINGS. After reviewing the application, the Planning Commission shall make a recommendation to the Council. Such recommendation may approve, disapprove or approve subject to modifications, and shall include a written statement of the Board's findings. (Ord. 1982-27. Passed 12-16-82.)

May 2011 Replacement 1217.11 ZONING CODE 156

1217.11 EFFECT OF APPROVAL. (a) An approved site plan shall be binding upon the applicants and their successors or assignees. The first building permit shall be for a portion of the building which is to be occupied by an anchor tenant. No building permit shall be issued for any building or structure not in accord with the site plan, except that temporary construction facilities shall be permitted for the purpose of developing the project. Such facilities shall be removed within fourteen days after completion of the initial construction or prior to issuance of the certificate of occupancy, whichever first occurs or the construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the site plan. No structure, use or other element of an approved site plan shall be eliminated, altered or provided in another manner unless an amendment is approved in accordance with Section 1217.13; provided however, that the Planning Commission may approve such minor changes in the site plan as will not cause any of the following circumstances to occur: (1) A change in the character of the development; (2) An increase in the problems of circulation, safety and utilities; (3) An increase of any adverse external effects on adjacent property; (4) A reduction of the originally approved setbacks from property line; (5) An increase in the ground coverage authorized in the Zoning District; (6) A reduction of the required off-street parking and loading space; and (7) A change in the size, lighting or orientation of originally approved signs. (b) Whenever the Director of Inspections finds that any proposed construction or occupancy will not, in his opinion comply with the approved site plan, he shall refer the question to the Planning Department for review. (c) An approved site plan shall be valid for a period of forty-eight months, so long as the building permit is obtained within forty-eight months of the date of site plan approval. One twelve month extension may be granted by recommendation of the Planning Commission and approval by Council. In the event a site plan becomes invalid, a new site plan shall be required to be submitted for approval in the same manner as an original application for site plan approval. (Ord. 1988-66. Passed 6-16-88.) 1217.12 DEPOSITS AND FEES. Any person, firm or corporation submitting a request to the Planning Commission for a review of plans or plats and the like shall deposit with the Planning Commission through the Clerk of Commissions, cash or a certified check in the minimum amount of two thousand five hundred dollars ($2,500), which deposit shall be given to the Director of Finance and placed in a special deposit account. The Director of Planning shall coordinate the plan review with the Director of Engineering, Director of Inspections, Fire Chief, Police Chief, City Architect and other City consultants and departments as deemed necessary by the Planning Commission.

May 2011 Replacement 157 Integrated Shopping Facility District 1217.13

At the time the report is completed by the Planning Commission, the Clerk of Commissions shall prepare a schedule of costs incurred and shall itemize such costs and submit the same as an attachment to the report. The costs as described herein shall be the actual costs of time spent on the matter referred and will be separately billed by the expert or agency to which the matter had been referred. The costs shall be deducted from the amount of the deposit and the balance, less any minimum fees to be paid by the applicant, shall be returned to the applicant by the Director of Finance. Any costs incurred above the deposit shall be paid by the applicant. The above fees shall be considered to be minimum fees and, in addition thereto, the applicant for approval of such plans shall reimburse the City for all costs incurred for publication, postage, notice and review by the City Architect, the Director of Engineering, the City Engineer Consultant, the City Traffic Engineer, the Regional Planning Commission, the City Planner or other experts. The fees for the plans set forth herein shall be separately paid for consideration or preliminary approval and for consideration of final approval irrespective of the fact that the Planning Commission recommends approval or disapproval. (Ord. 1982-27. Passed 12-16-82.) 1217.13 AMENDMENTS. The holder of an approved site plan may request modification of the site plan or the conditions of approval by submitting an amended site plan which shall be filed and processed in the same manner as an original application. However, the date of the original site plan approval shall still apply for the purposes enunciated in Section 1217.11(c). (Ord. 1982-27. Passed 12-16-82.)

May 2011 Replacement May 2011 Replacement 159

CHAPTER 1218 Industrial Districts

1218.01 Purpose. 1218.06 Performance regulations. 1218.02 Use regulations. 1218.07 Development plans. 1218.03 Schedule of permitted 1218.08 Apartment regulations. buildings and uses. 1218.09 Satellite transmitting/receiving 1218.04 Yard regulations. dish. 1218.05 Height regulations.

CROSS REFERENCES Disturbing the peace - see GEN. OFF. Ch. 509 Noxious or offensive odors - see GEN. OFF. 521.04 Industrial Commission - see PLAN. & PLAT. Ch. 1103 Design standards for subdivisions - see PLAN. & PLAT. Ch. 1127 Residential districts - see ZON. Ch. 1211 Business districts - see ZON. Ch. 1216 Development plans - see ZON. Ch. 1220 Off-street parking and loading facilities - see ZON. Ch. 1221 Sign regulations - see ZON. Ch. 1223 Nonconforming uses - see ZON. Ch. 1225 Conditional use permits - see ZON. 1227.01 Similar uses - see ZON. Ch. 1229 Front facing of industrial and commercial structures - see BLDG. 1361.02

1218.01 PURPOSE. Office-Laboratory Districts and Exclusive Industrial Districts and their respective regulations are established herein in order to achieve, among others, the following purposes: (a) To provide convenient and sufficient districts for industrially oriented office and research activities and for the production and distribution of goods in order to serve and promote economic development of the community; more specifically; (b) To provide Office-Laboratory Districts in close proximity to the freeway system so as to be accessible to widely dispersed administrative and technical personnel in the region;

May 2011 Replacement 1218.02 ZONING CODE 160

(c) To provide Exclusive Industrial Districts near the freeway system for uses which generate relatively large volumes of traffic, so as to be accessible to a large labor force and consumers throughout the region; (d) To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities and by regulating the access to streets; (e) To protect nearby residential neighborhoods by restricting the types of nearby uses, particularly at their common boundaries, which would create objectionable influences; and (f) To promote the most desirable and beneficial industrial use of the land based upon the Guide Plan and directed to bring about eventual conformity with the Plan as it may be amended. (Ord. 1969-169. Passed 7-16-70.) 1218.02 USE REGULATIONS. Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in industrial districts only for the uses set forth for each district, respectively, in the schedules and regulations of this Zoning Code. (a) The main buildings and uses set forth in the Schedule, Section 1218.03 shall be permitted by right as the principal building or use of a zoning lot. (b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirement or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council, according to procedures and standards set forth in Chapter 1227 of this Zoning Code. (c) The accessory buildings and uses set forth in the Schedule, Section 1218.03, shall be permitted as a subordinate building or use if they are planned and developed integrally therewith, clearly incident thereto and located on the same zoning lot as the main building or use. (d) A building designed and constructed as a residence cannot be occupied, in whole or in part, by another use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and site plan and must be made to conform to all requirements of the Building Code pertaining to structures permitted in industrial districts. (e) Existing residences not permitted as of right within any industrial district shall be construed as nonconforming uses, but may be continued, extended, altered, enlarged and maintained as a residence subject to all lot area, building area, lot coverage and yard regulations of the appropriate residential district. (Ord. 1973-71. Passed 11-1-73.)

May 2011 Replacement 161 Industrial Districts 1218.03

1218.03 SCHEDULE OF PERMITTED BUILDINGS AND USES. The following schedule enumerates all main, conditional and accessory buildings and uses which are permitted in industrial districts. Those buildings and uses which are permitted and regulated as main, conditional and accessory uses in a given industrial district are designated by an "M", "C", or "A", respectively, placed opposite the use and in the under the districts in which such use is permitted. Schedule of Permitted Buildings and Uses District Permitted Buildings and Uses Off. Excl. Off. Excl. Lab. Lab. Ind. (a) Offices. Offices include professional, M M C(c) financial, governmental, public utility, administrative and sales except that no retail sales involving the physical exchange of merchandise shall be permitted. (b) Public Buildings. Public buildings include M M M police and fire stations, post office and hospital.(Ord. 1989-259. Passed 1-18-90.) (c) Colleges, Universities and Training MM M Schools. Public or private colleges and universities and training schools of a private, technical or professional nature. (Ord. 2008-81. Passed 7-17-08.) (d) Newspaper Printing Establishments. MM M (e) Research Laboratories. Research M M M laboratories include experimental, research and testing, all types of basic and applied research of product design and development, including, but limited to, the operation of small-scale experimental and pilot plant operations. (f) Metal Production. Metal production includes metal-cutting, casting, stamping; electric, gas and ultrasonic welding; grinding, machining and finishing, only in the production and/or assembly of products such as: (1) Automotive and aircraft parts; M (2) Electrical and electronic equipment, motors; M (3) Electrical appliances; lamps, fixtures and clocks; M (4) Hardware, cutlery, kitchen utensils; M (5) Instruments; musical and scientific; M (6) Instruments and equipment; medical, orthopedic and photographic; M (7) Sporting goods, athletic equipment, toys. M

May 2011 Replacement 1218.03 ZONING CODE 162

Schedule of Permitted Buildings and Uses (Cont.) District Permitted Buildings and Uses Off. Excl. Off. Excl. Lab. Lab. Ind. (g) Nonmetal Production. Nonmetal production includes: (1) Clothing and other textile products; M (2) Pharmaceutical products; compounding M of cosmetics, drugs and toiletries; (3) Plastics; extrusion, moulding and M fabricating of panels, sheets, tubes and rods; (4) Printing, publishing and engraving; M (5) Woods, fabrication of furniture, M cabinets and other wood. (Ord. 1989-259. Passed 1-18-90.) (h) Services, Wholesale Sales and Storage Establishments. Services, wholesale sales and storage establishments are limited to: (1) Cleaning, dyeing and dry cleaning M establishments; carpet cleaning; (2) Repair of household appliances and M goods produced by manufacturing and assembly processes permitted above (Ord. 1995-125. Passed 10-5-95.) (3) Food and drink preparation limited to M refrigeration, ice manufacture, bottling of soft drinks, creameries; wineries; microbreweries (a brewery that produces less than 15,000 barrels per year); food preparation for wholesale sales or sales consummated outside the District. (Ord. 2002-119. Passed 11-21-02.) (4) Shops and offices of contractors, M including carpentry, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, roofing and sheet metal, packaging and crating; (Ord. 1995-125. Passed 10-5-95.) (5) Warehouses, indoor storage and delivery M establishments; (Ord. 1997-44. Passed 3-20-97.) (6) Storage and wholesale sales of new lumber C and other building materials; public utility materials and equipment; monument works; (7) Heliport, helistop; C C C (8) Par 3 golf course; C (9) Outside storage of recreational C(b) vehicles as defined in 1211.30(a)(1) through (6). (Ord. 1995-125. Passed 10-5-95.) (10) Self service storage establishment C(f) (Ord. 1997-110. Passed 7-17-97.) (11) Animal boarding establishment C(g) (Ord. 1999-222. Passed 2-3-00.)

May 2011 Replacement 163 Industrial Districts 1218.03

Schedule of Permitted Buildings and Uses (Cont.) District Permitted Buildings and Uses Off. Excl. Off. Excl. Lab. Lab. Ind. (12) Collision Center/Body Shop C(h) (Ord. 2005-25. Passed 5-5-05.) (13) Tennis/racquet facility, fitness or C similar recreational use so long as such use is located on an interior lot. (Ord. 2006-100. Passed 10-5-06.) (i) Accessory Buildings and Uses. (1) Off-street parking and loading A A A facilities as permitted and as regulated in Chapter 1221. (2) Signs as permitted and as regulated A A A in Chapter 1223. (i) Accessory Buildings and Uses (Cont.) (3) Maintenance and storage facilities C C A either within wholly enclosed buildings or suitably screened by a fence or dense landscaping so that no stored material is visible from an abutting street; (4) Employee lunch rooms. A A A (5) Satellite receiving dish. A(a) A(a) A(a) (6) Child day care facility serving A A A the children or dependents of employees working on the premises. (7) Health care, exercise rooms, A A A gymnastics or bodybuilding center serving employees working on premises. (Ord. 1989-259. Passed 1-18-90.) (8) Licensed child day care or C(e) C(e) C(e) adult day care facility. (Ord. 1996-19. Passed 7-9-96.) (9) A restaurant in an office building C used for the serving of food and dispensing of beverages. (10) Trash receptacles enclosed in A A A main building or in an approved structure. (Ord. 1989-259. Passed 1-18-90; Ord. 2003-26. Passed 4-17-03.) Any office laboratory, industrial, or service use not listed in the above schedule, but similar to a permitted use as to hours of operation and amount of traffic generated, may be permitted if such use complies with the performance regulations in Section 1218.06 and is in accordance with the provisions of Chapter 1229.

May 2011 Replacement 1218.03 ZONING CODE 164

(a) See Section 1218.09. (b) The conditional use of outside storage of recreational vehicles is subject to buffering, lighting, fencing, control of repair work, hours of operation, lot size and any other factors which the Planning Commission or Council deem necessary. (Ord. 1989-259. Passed 1-18-90.) (c) Office uses, other than those accessory and incidental to a permitted main use on the premise, may be permitted by conditional use permit in an exclusive industrial district located only in the areas between Detroit Road and Interstate 90, and between Sperry Road and the north corporation line from Clague Road to Columbia Road; setbacks shall conform to those in exclusive industrial districts and parking shall conform to those of office use. (Ord. 2007-174. Passed 1-17-08.) (d) (EDITOR’S NOTE: Former subsection (d) was repealed by Ordinance 2003-26, passed April 17, 2003.) (e) Additional regulations for adult day care facilities. (1) No overnight stays are permitted. (2) Applicant must apply for, obtain and maintain annual certification from the Ohio Department of Human Services, the Ohio Department on Aging and/or their designated regional agency to operate as a PASSPORT provider, or in the event that the PASSPORT program is discontinued, apply for, obtain and maintain a similar license from the State of Ohio for adult day care facilities. Applicant must comply with any and all future applicable State licensing requirements as they are implemented. (3) All adult day care facilities to be located on a single floor with ground level access to all doors without stairs.

May 2011 Replacement 164A Industrial Districts 1218.04

(4) Adult day care facility shall contain not less than 90 square feet of gross floor area per person with not less than 60 square feet per person of net indoor activity and living area. In addition, adult day care facility shall provide not less than 35 square feet per person of outdoor sitting, walking and activity area. (5) The outdoor activity area shall be completely enclosed in a minimum 5 foot high fence with locks and alarm monitored gates. (6) A drop-off and pickup area shall be provided with handicap accessible access within 30 feet of the main entrance and provide a vehicle storage lane for not less than six vehicles. (7) The main entrance to the building and all emergency exits shall be accessible to emergency medical vehicles and fire emergency vehicles. (8) Compliance with Chapter 1373 of the Building Code is required. (Ord. 1996-19. Passed 7-9-96.) (f) A single apartment type residential unit, when attached to and incorporated with a self service storage establishment is permitted such that the residential unit shall comprise no more than 1,000 square feet and shall be occupied by no more than two persons, one of whom is an employee of the property owner and is a registered private security guard. The residential use shall terminate when the main use as a self service storage establishment is terminated. (Ord. 1997-110. Passed 7-17-97.) (g) (1) All boarding of animals shall be within an enclosed building; (2) Any outdoor exercise area shall be fenced and located outside any building setback for the District and not be located in the front yard; (3) All noise and odors shall be confined to within the enclosed building such that no disturbance is made to any adjoining property owner or resident; and (4) Domestic animal boarding is limited to common household pets. Wild, dangerous and/or undomesticated animals as defined in Section 505.20 shall not be permitted. (Ord. 1999-222. Passed 2-3-00.) (h) The building shall be free standing and the sole use of the building shall be for the purpose of collision centers/body shops, and all automobile storage shall be indoors. (Ord. 2005-25. Passed 5-5-05.) 1218.04 YARD REGULATIONS. In an industrial district, front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use in accordance with the following schedule;

July 2006 Replacement SCHEDULE OF MINIMUM YARD DIMENSIONS (in feet)

Front Yard Side Yard Rear Yard Lot Abuts Lot Lot Permitted Major or Lot Abuts Adjoining Adjoining Adjoins Adjoins Non- Building Arterial Industrial Residential Nonresidential Abutting Residential residential District or Use Street(a) Road District District Street District District Office- Main and accessory Laboratory building or use 200 100 75 25 100 75 50 Off-street parking and/or loading 200(b) 100(b) 75(c) 5 100(b) 75(c) 5 Exclusive Main and accessory Office building or use 200 100 75 25 100 75 50 Laboratory Off-street parking and/or loading 200(b) 100(b) 75(c) 5 100(b) 75(c) 5 Exclusive Main and accessory Industrial building or use 100 50 100 25 50 100 50 Off-street parking and/or loading 100(b) 50 100(c) 5 50 100(c) 5 (a) Major or arterial streets include Bradley, Crocker and Detroit Roads and any other street designated as major or arterial on the Guide Plan of the City. (b) Visitor parking is permitted within a required front yard, the above regulations notwithstanding, but in no case shall such parking spaces be less than fifty feet from the planned street right of way. (c) Parking areas located adjacent to a residential district lot line shall provide a six foot fence or wall or equivalent landscaped screening. (d) Notwithstanding the side yard and rear yard provisions permitted, as set forth above, at any point where either the side yard or rear yard of an Exclusive Office Laboratory or Office Laboratory District abuts a residential district there shall be maintained a seventy-five foot strip of land in its natural state between the residential district line and any building, structure or parking lot in the Exclusive Office Laboratory or Office Laboratory District. Any buffering required under Chapter 1130 may be accomplished within the seventy-five foot strip herein referred to. 164B

July 2006 Replacement 165 Industrial Districts 1218.06

All required yards exclusive of paved areas shall be landscaped. The Planning Commission shall require planting and/or a fence or wall, where necessary to protect residential districts adjacent to or across the street from an industrial district. 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. (Ord. 1990-250. Passed 2-21-91; Ord. 1993-229. Passed 1-6-94; Ord. 1999-177. Passed 11-18-99; Ord. 2006-24. Passed 4-20-06.) 1218.05 HEIGHT REGULATIONS. Permitted structures in industrial districts shall not exceed sixty feet in height, provided however, that within any industrial district, chimneys, domes, elevators, penthouses, skylights, spires, stacks, ventilators or other necessary appurtenant features usually carried above roofs or structures permitted in each respective district, when erected upon and as an integral part of a building may be erected above the height limit, but in no case shall such feature exceed seventy feet above the finished grade. Water towers, wireless or broadcasting towers, radio or television antennae and other similar structures may be erected above the height limit specified, subject to the following provisions: (a) The height from the base of such structure, or the uppermost point at which such structure is attached to a building, to the top of such structure shall be not greater than the horizontal distance from the base of the structure to the nearest adjoining residential property line and shall not exceed twenty feet in height. (b) Any structure detached from the main building shall not exceed thirty-five feet in height. (Ord. 2003-26. Passed 4-17-03.) 1218.06 PERFORMANCE REGULATIONS. Every performance standard set forth herein shall be complied with as a precedent to occupancy of any use in an industrial district. (a) Structures. (1) Enclosure. All permitted main and accessory uses and operations, except for off- street parking and loading facilities, shall be performed wholly within an enclosed building or buildings. Open testing procedures and open storage of materials and/or equipment used or produced on the premises shall be permitted if suitably screened by a fence or dense landscaping so that no stored material is visible from an abutting street. Outdoor overnight parking of carriers shall be permitted.

April 2010 Replacement 1218.06 ZONING CODE 166

(2) Fire and explosion hazards. All permitted main and accessory uses shall be carried on only in buildings classified as fireproof by the Building Code. (3) Incineration facilities. Incineration facilities shall be provided and shall be located within the main building. Only closed commercial containers for rubbish shall be permitted and shall be located in the rear yard outside of buildings. (b) Air Pollution. (1) Smoke, fly ash, dust and dirt. No industrial operation shall exhaust or discharge into the air, any quantity of fly ash, dust, dirt or similar form of air pollution which may become discernible as settlement at, or beyond, the boundaries of the lot occupied by the use. (2) Noxious or toxic matter. The emission of toxic, noxious or corrosive fumes or gases which may be demonstrably injurious to property, vegetation, animal or human health at or beyond the boundaries of the lot occupied by the use, shall not be permitted. (3) Odorous matter. The emission of odorous gases or other odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted. (c) Noise. The sound pressure level at the nearest residential street, of any operation on a lot, other than the operation of autocalls, bells, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district and no sound shall be objectionable due to intermittance, beat frequency or shrillness. (d) Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments. (e) Radioactive or Electrical Disturbance. Radioactive or electrical disturbances which adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use shall not be created. (f) Heat and Glare. No industrial operation that produces heat or glare perceptible from any property line of the lot on which the operation is located shall be permitted. Industrial and exterior lighting shall be used in a manner that produces no glare on public highways and neighboring property. (g) Industrial Wastes. No industry shall discharge any treated or untreated sewage or industrial waste into any reservoir or lake, or discharge any untreated sewage or industrial waste into any stream. All methods of sewage and industrial waste treatment and disposal shall be approved by the State Department of Health and all effluent from a treatment plant shall, at all times, comply with the requirements of the Ohio Water Pollution Control Board.

April 2010 Replacement 167 Industrial Districts 1218.09

(h) Soil Removal. No , extracting, filling or soil-stripping operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks, or in such a manner as to increase erosion. Soil removal shall further be regulated by the provisions of Chapter 1367 of the Building Code. (i) Trash Receptacles. All trash receptacles shall be located wholly within the main building or in an approved enclosed structure. Exterior trash enclosures shall be six feet in height with masonry walls on three sides with a solid gate or door on the fourth side. Enclosures shall be designed to be compatible in design and material as the main building. Exterior enclosures shall be at least six feet from the main building and provide a setback from property lines equal to the required loading area setback. Where adjacent to residential districts, trash enclosures shall be further screened with a landscape buffer approved by the Planning Commission. (1991-129. Passed 10-3-91.) 1218.07 DEVELOPMENT PLANS. Development plans shall be prepared and submitted for approval for all uses permitted in an Office-Laboratory and Industrial Districts in accordance with the regulations provided in Chapter 1220. (Ord. 1981-60. Passed 7-16-81.) 1218.08 APARTMENT REGULATIONS. When property is to be used under the Office-Laboratory District Classification for R-MF-40, R- MF-24 or R-MF-15 District apartment use, then all regulations set forth in this Zoning Code pertaining to R-MF-40, R-MF-24 and R-MF-15 Districts shall take precedence and apply except that apartment buildings fronting or abutting upon a major arterial street shall have a minimum setback of 200 feet from such street. (Ord. 1971-192. Passed 4-6-72.) 1218.09 SATELLITE TRANSMITTING/RECEIVING DISH. A satellite transmitting/receiving dish permitted as an accessory use shall be regulated under the requirements of Section 1216.12. (Ord. 1995-214. Passed 2-15-96.)

April 2010 Replacement April 2010 Replacement 169

CHAPTER 1219 Health Campus District

1219.01 Purpose. 1219.06 Lot area regulations. 1219.02 Use regulations. 1219.07 Lot width regulations. 1219.03 Schedule of permitted 1219.08 Yard regulations. buildings and uses. 1219.09 Height regulations. 1219.04 Master plan and development plans. 1219.05 Performance regulations.

CROSS REFERENCES Municipal hospitals - see Ohio R.C. 749.01 et seq. Residential district regulations - see ZON. Ch. 1211 Business district regulations - see ZON. Ch. 1216 Industrial district regulations - see ZON. Ch. 1218 Off-street parking and loading facilities - see ZON. Ch. 1221 Sign regulations - see ZON. Ch. 1223 Nonconforming uses - see ZON. Ch. 1225 Conditional use permits - see ZON. 1227.01 Similar uses - see ZON. Ch. 1229

1219.01 PURPOSE. The Health Campus District and its regulations are established in order to achieve, among others, the following purposes: (a) To regulate bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces appropriate for the District; (b) To provide in appropriate and convenient locations, building districts of sufficient size to serve and promote the health care and health maintenance needs of the community; (c) To provide a Health Campus District which will serve for the early recognition and treatment of diseases and injury, to prevent severe disability, social isolation and untimely death, and to assist persons in the achievement of the goal of positive health;

April 2010 Replacement 1219.02 ZONING CODE 170

(d) To mobilize on one plot of land the necessary buildings to house the services requisite to achieve the above by including a general hospital, a physicians' office building, a long-term care facility, a rehabilitation center, out-patient care and related health agencies in an open space setting; (e) To provide a Health Campus District in close proximity to the freeway system so as to be accessible to widely disbursed medical, technical and health personnel in the region; (f) To provide a Health Campus District for the people of the City which is adjacent to and accessible to residents and in which such uses are compatible with adjoining residential districts; (g) To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities and by regulating the access to streets; (h) To protect nearby residential neighborhoods by restricting the types of nearby uses, particularly at their common boundaries, that would create objectionable influences; and (i) To promote the most desirable and beneficial hospital campus use of the land based upon the Guide Plan and directed to bring about eventual conformity with the Plan as it may be amended. (Ord. 1978-73. Passed 10-5-78.) 1219.02 USE REGULATIONS. Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in a Health Campus District only for the uses set forth in this chapter and in the schedules and regulations of this Zoning Code. (a) The main buildings and uses set forth in the Schedule, Section 1219.03, shall be permitted by right as the principal buildings or uses of the District. (b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirement or other features. They shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council according to procedures and standards set forth in Chapter 1227. (c) The accessory buildings and uses set forth in the Schedule, Section 1219.03, 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. (d) Dwellings of all types except for health related purposes or single-family dwellings shall be prohibited in a Health Campus District. (Ord. 1978-73. Passed 10-5-78.)

April 2010 Replacement 171 Health Campus District 1219.04

1219.03 SCHEDULE OF PERMITTED BUILDINGS AND USES. The following schedule enumerates all main, conditional and accessory buildings and uses that are permitted in a Health Campus District. Those buildings and uses that are permitted and regulated as main, conditional and accessory uses in this District are designated as an "M", "C" or "A", respectively, placed opposite the use and in the column under the district. SCHEDULE OF PERMITTED BUILDINGS AND USES

Health Campus Permitted Buildings and Uses Districts (a) General hospital M (b) Emergency care facilities M (c) Medical arts building M (d) Long-term care facility C (e) Rehabilitation centers M (f) Out-patient care facility M (g) Voluntary health agencies C (h) Medically related educational facilities M (i) Medically related laboratories M (j) Manufacture, fitting and/or dispensing of prosthetic devices, eyeglasses and/or prescription drugs C (k) Health maintenance facilities C (l) Health related housing or single- family homes C (m) Residential facilities for hospital personnel, security guards C (n) Parking lot M (o) Parking structures C (p) Any building or use supplemental or ancillary to the above listed uses C (q) Ambulance livery service C (r) Satellite receiving dish A(a) (s) Trash and material storage enclosed main building or in an approved structure A (Ord. 1991-131. Passed 10-13-91.) (t) Licensed child day care or adult day care facility C(b) (Ord. 1996-20. Passed 7-9-96.) (u) (EDITOR’S NOTE: Former subsection (u) was repealed by Ordinance 2003-26, passed April 17, 2003.) (v) Nursing home Assisted living facility C (Ord. 1999-182. Passed 7-20-00.)

April 2010 Replacement 1219.04 ZONING CODE 172

(a) See Section 1216.12. (Ord. 1991-131. Passed 10-13-91.) (b) Additional regulations for adult day care facilities. (1) No overnight stays are permitted. (2) Applicant must apply for, obtain and maintain annual certification from the Ohio Department of Human Services, the Ohio Department on Aging and/or their designated regional agency to operate as a PASSPORT provider, or in the event that the PASSPORT program is discontinued, apply for, obtain and maintain a similar license from the State of Ohio for adult day care facilities. Applicant must comply with any and all future applicable State licensing requirements as they are implemented. (3) All adult day care facilities to be located on a single floor with ground level access to all doors without stairs. (4) Adult day care facility shall contain not less than 90 square feet of gross floor area per person with not less than 60 square feet per person of net indoor activity and living area. In addition, adult day care facility shall provide not less than 35 square feet per person of outdoor sitting, walking and activity area. (5) The outdoor activity area shall be completely enclosed in a minimum 5 foot high fence with locks and alarm monitored gates. (6) A drop-off and pickup area shall be provided with handicap accessible access within 30 feet of the main entrance and provide a vehicle storage lane for not less than six vehicles. (7) The main entrance to the building and all emergency exits shall be accessible to emergency medical vehicles and fire emergency vehicles. (8) Compliance with Chapter 1383 of the Building Code is required. (Ord. 1996-20. Passed 7-9-96.) (c) See Section 1216.09(b) for regulations. (Ord. 1997-76. Passed 5-15-97.) 1219.04 MASTER PLAN AND DEVELOPMENT PLANS. (a) In General. Development plans for each phase of the development shall be prepared and submitted for approval for all uses proposed in a Health Campus District in accordance with the regulations provided in Chapter 1220.

April 2010 Replacement 172A Health Campus District 1219.04

(b) Master Plan. If the health campus involves more than one phase of development, prior to development and submission of development plans, as specified in Chapter 1220, a master plan at a scale of not less than one inch equals 100 feet for the health care campus shall be presented and submitted to the Planning Commission. The plan shall conform to the criteria set forth in this and other chapters and shall include at least the following: (1) Designation of land use by phase, including: A. Location of the phases; B. The range of uses or services in each phase; C. The general design and development criteria for each phase; (2) Design criteria for the overall site, including a landscaping and open space plan; (3) An overall circulation access and traffic control plan; (4) An overall utilities and services concept plan; (5) An environmental assessment for each phase of the proposed level of development; (6) Definitions of land use terms such as General Hospital, Emergency Care Facilities, etc. The City departments receiving such plans shall review the master plan and report their findings to the Planning Commission which shall send a report of its action and one set of the master plan to the developer and to Council for its consideration and approval. The approved master plan shall be reviewed by Council at least every five years. (c) Preliminary Development Plans. Following approval of the master plan, or if there is only one phase of development, fourteen prints of preliminary development plans shall be submitted to the Director of Planning, who shall deliver one set each of the prints to the Director of Inspections, Director of Engineering, Police Chief, Fire Chief and six sets to the Planning Commission. The preliminary development plans shall contain the information required for the master plan, modified and more detailed if necessary, and the following:

April 2010 Replacement 1219.04 ZONING CODE 172B

(1) Property lines and dimensions of the parcels proposed for development and the location of existing main buildings on adjacent lots and lots across the streets bounding the property to be developed; (2) Proposed main and accessory buildings with plans, location, height, use and designation of use (lot) clusters which will include criteria for lot area, width, yard, height and other requirements if different than those set forth in Sections 1219.06 to 1219.09; (3) The size, location and nature of proposed signs; and (4) Other plans deemed necessary to fully describe the development. (d) Review of the Preliminary Plan. (1) Director of Engineering. The Director of Engineering shall review all preliminary development plans for the development of a Health Campus District relative to location and construction of sanitary sewers, storm drains and all other utilities, improvements of parking and loading areas, drives and walks and all other site improvements, including grading and drainage, that normally are under the jurisdiction of City officials, and report to the Planning Commission with his recommendations.

April 2010 Replacement 173 Health Campus District 1219.05

(2) Police and Fire Chief. The Police and Fire Chiefs shall review all preliminary development plans relative to the proposed system of circulation of vehicular and pedestrian traffic and plans for traffic control, including emergency and public safety vehicles, width of drives, location and width of walks, the arrangement, number and size of proposed parking and loading spaces and the location and type of proposed outdoor lighting installations and external fire protection devices. The Police and Fire Chiefs shall report to the Planning Commission with their recommendations. (3) Planning Commission. A. The Director of Planning shall review such preliminary development plans to determine if they are in accordance with the provisions of this chapter. The Commission shall review the criteria for buildings, uses and lots and determine if the proposed lots or use (lot) clusters are appropriate. The Commission may relax or restrict certain of the requirements if it finds that amenities such as privacy, light and openness can thereby be improved through adaption to topographic conditions and for skillful design in the arrangement of buildings and uses, landscaping, driveways, parking areas or other site features. However, the Commission may require wider yards and additional fences and planting to improve the site plan and to protect adjoining development. B. A report of the action by the Planning Commission and one set of the preliminary development plans shall be sent to the developer and to Council for action. C. Approval by the Planning Commission and Council shall constitute permission to the developer to prepare and submit final plans for each stage of development according to Chapter 1220. (e) Concurrent Submittal of Plans. Nothing contained in this chapter shall prohibit the concurrent submittal and approval of the master plan and the phase I preliminary development plans. (Ord. 1988-71. Passed 6-16-88.) 1219.05 PERFORMANCE REGULATIONS. Conditional uses shall conform to the regulations set forth in Chapter 1227. All permitted buildings and uses in a Health Campus District shall conform to the following regulations: (a) No direct access to any facility or parking off any exterior road will be available. A maximum of two points of entry will lead from any exterior road to an external circulation system. Access to each facility will be from this internal circulation system.

April 2010 Replacement 1219.06 ZONING CODE 174

(b) Drainage will follow existing regulations to minimize impact on the surrounding area. (c) Lighting will conform to ordinances and will be designed to have minimum impact on surrounding residential areas. (d) Uniform signage will be implemented within the District. (e) All parking for any facility will be provided within the District. (f) All trash receptacles shall be located wholly within the main building or in an approved enclosed structure. Exterior trash enclosures shall be six feet in height with masonry walls on three sides with a solid gate or door on the forth side. Enclosures shall be designed to be compatible in design and 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 the required loading area setback. Where adjacent to residential districts, trash enclosures shall be further screened with a landscape buffer approved by the Planning Commission. (Ord. 1991-132. Passed 10-3-91.) 1219.06 LOT AREA REGULATIONS. Lots will be designated as clusters of or individual buildings and uses utilizing the development planning process specified in Section 1219.04, provided, however, that not more than thirty-five percent of the entire parcel shall be occupied by buildings. Minimum lot areas (clusters of buildings and use) shall comply with the following schedule. SCHEDULE OF MINIMUM LOT AREA REQUIREMENTS Main Building or Use Cluster Lot Area-Minimum Acres Any permitted use As set forth in the master plan and/or the development plan Any conditional use As set forth in the master plan and/or the development plan (Ord. 1978-73. Passed 10-5-78.) 1219.07 LOT WIDTH REGULATIONS. Every lot in a Health Campus District, occupied by a main building or use cluster shall have a minimum lot width of not less than the standard set forth in the following schedule. SCHEDULE OF MINIMUM LOT WIDTH REQUIREMENTS Main Building or Use Main Width-Minimum Feet Hospital 400 Medical arts building 300 Other permitted uses 300 (Ord. 1978-73. Passed 10-5-78)

April 2010 Replacement 175 Health Campus District 1219.09

1219.08 YARD REGULATIONS. In a Health Campus District, front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use cluster in accordance with the preliminary development plans submitted pursuant to Section 1219.04. The Planning Commission may require planting and/or a fence or wall where necessary to protect residential districts adjacent to a Health Campus District. 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. (Ord. 1978-73. Passed 10-5-78.) 1219.09 HEIGHT REGULATIONS. Permitted buildings and uses in a Health Campus District shall not exceed the maximum heights provided in the schedule below. Building or Use Height (ft.) Hospital 100 Medical arts building 100 Wireless cellular and PCS communication towers See Section 1216.09(d) Other permitted buildings 50 (Ord. 1997-76. Passed 5-15-97.)

April 2010 Replacement April 2010 Replacement 177

TITLE FIVE - Regulations Applying to All Use Districts Chap. 1220. Development Plans. Chap. 1221. Parking and Loading Facilities. Chap. 1222. Heliports and Helistops. Chap. 1223. Sign Regulations. Chap. 1224. Siting of Wireless Telecommunications Facilities. Chap. 1225. Nonconforming Uses. Chap. 1227. Conditional Uses. Chap. 1229. Similar Uses.

CHAPTER 1220 Development Plans

1220.01 Development plans required. 1220.06 Performance standards. 1220.02 Submittal of preliminary 1220.07 Approval of development plans and presubmission plans. conference. 1220.08 Application for building 1220.03 Development plan requirements. permit. 1220.04 Submittal of final 1220.09 Revision; lapse of approval. development plan and post- 1220.10 Development plans as submission conference. affected by pending 1220.05 Planning Commission review change in zoning and modification. classification district. 1220.11 Non-tolling of Zoning Ordinances.

CROSS REFERENCES Shopping Center District development plans - see PLAN. & PLAT. Ch. 1109 Residential district regulations - see ZON. Ch. 1211 Development plan fees - see PLAN. & PLAT. Ch. 1115

1220.01 DEVELOPMENT PLANS REQUIRED. Development plan approval shall be required for all new development, site improvements or building additions in the zoning districts or uses listed below. Development plans shall be submitted to the Department of Planning for review and approval by the Planning Commission of all development in Multi-family, Interchange Services, Shopping Center, General Business, Office Building, Executive Office Park, Recreation Business, Hotel/Motel, Exclusive Industrial, R-1F Cluster, Planned Office, Planned Unit Development, Health Campus District, and Office- Laboratory Districts, for all parking facilities in an Automobile Parking District and for all uses and buildings in R-1F-80 and R-2F-100 Districts excluding one and two family buildings and houses. (Ord. 2001-204. Passed 2-21-02.)

April 2010 Replacement 1220.02 ZONING CODE 178

1220.02 SUBMITTAL OF PRELIMINARY PLANS AND PRESUBMISSION CONFERENCE. Prior to submission of final development plans, the applicant shall submit seven preliminary copies of the development plans to the Department of Planning for initial review. The Director of Planning shall, within thirty days of the submittal by the applicant, review the plan for general conformance to the development plan requirements of Section 1220.03 and request that the applicant attend a presubmission conference to preliminarily discuss the application. The applicant shall make, if necessary, corrections, amendments or revisions and resubmit the complete development plans to the Planning Department according to Section 1220.04. (Ord. 1988-64. Passed 6-16-88.) 1220.03 DEVELOPMENT PLAN REQUIREMENTS. All development plans or parts thereof shall be prepared and submitted by a State licensed/registered professional such as an engineer, surveyor or architect. Development plans shall be drawn at a scale of not less than fifty feet to the inch and a plan for a division of a development of a group of lots and shall be drawn at a scale of not less than one hundred feet to the inch. The development plans shall include all of the following items, unless waived by the Director of Planning. (a) Survey. A survey of the property including the permanent parcel numbers, land ownership and existing and proposed topography. Development plans shall also include a plat for the entire development area showing the street rights of way, easements, watercourses, retention basins, property line dimensions and bearings; surrounding streets and adjoining lots. (b) Buildings and Structures. The location, size, height, use, general design, color and exterior facade material of all main and accessory buildings or structures and proposed fences or walls. The plans shall also indicate the location and outline of buildings on adjoining parcels of land. (c) Floor Plans. Floor plans drawn to scale, dimensioned and labeled indicating the proposed uses of all building areas. (d) Streets and Sidewalks. The proposed public and private system of circulation including: automobiles, delivery trucks, emergency vehicles and pedestrian details for connection to existing streets and rights of way; methods to control traffic, size and type of pavement, estimate of traffic volume and proposed names of any street. (e) Parking and Loading Areas. The layout, location, dimensions and estimate of number of spaces, type of pavement, curbing, design features and landscaping. (f) Utilities. Preliminary on-site utilities including water lines, fire hydrants, sanitary sewers and storm sewers, including easements and connection to existing or proposed utility service to the project. (g) Outdoor Storage. The location and layout for all areas of all permitted storage or displays of any material, vehicle, waste material, products or container for storage including storage enclosures.

April 2010 Replacement 179 Development Plans 1220.04

(h) Signs. The location, size, height, design and material for all signs to be placed on the property or the outside surfaces of all structures or vehicles on the property. (i) Landscaping and Lighting. The design and location of all existing vegetation and proposed landscaping areas, open spaces, retention areas, yards including taxonomic names and sizes of all proposed plant material; the location, height, design and specifications of exterior lighting. (j) Buffering. The location, size, height and type of plantings and/or screening to be used in compliance with Chapter 1130 and/or plantings as may be required to satisfy the directives of the Planning Commission to separate, screen and/or protect adjoining property. (k) Grading; Drainage. A topographic plan indicating existing and proposed grading, drainage, drainage structures, retention systems, ditches, drain sizes, easements and, if required, engineering documents and drainage calculations pursuant to Chapter 1111. (l) The applicant shall also submit a list of names and addresses of all property owners within 500 feet of the perimeter of the premises to be developed, prepared and certified correct by a title company doing business within Cuyahoga County. (Ord. 1988-64. Passed 6-16-88.) (m) Design. Design plans showing building style, list of exterior material, material samples, color renderings and other architectural and landscaping plans incorporating design elements required in Chapter 1237. (Ord. 2001-204. Passed 2-21-02.) 1220.04 SUBMITTAL OF FINAL DEVELOPMENT PLAN AND POST- SUBMISSION CONFERENCE. (a) After the preparation of preliminary and final plans pursuant to Sections 1220.01 through 1220.03, fourteen complete sets of the final development plans shall be submitted to the Department of Planning accompanied by an application form, application fee and a letter describing the proposal. The Director of Planning or his assignees shall review the plans for completeness to the Zoning Code requirements. Within sixty (60) days of submittal, the Director of his assignee shall notify the applicant or his representative in writing, by letter or email, if the submitted plans are complete and accepted or shall send notice to the applicant or his representative in writing, by letter or email, if the submitted plans are incomplete and not accepted by the Department for Planning Commission review and action. (b) After said notice to the applicant or his representative that the submitted plans are incomplete and not accepted, the applicant or his representative shall have ninety (90) days from the date the notification is sent to complete the application and/or correct deficiencies identified by the Planning Department’s notification or the application shall be deemed incomplete and shall expire on the 90th day from the date of notification. In this event, the Planning Director or his assignee shall send notice, by letter or email, that the plans have expired by inaction on the part of the applicant or his representative. This section does not bar the applicant from submitting a new application in the future for the same development. A new application shall follow all procedures and requirements set forth in this code as if it were the original application including, but not limited to, the payment of all original application fees.

April 2010 Replacement 1220.05 ZONING CODE 180

(c) Acceptance of the plan does not waive the right of the Planning Department or Planning Commission to request additional documentation, information or detail during their review. Development plans shall be distributed to applicable departments as determined by the Director for review and comment. Upon completion of Department review, the applicant may be requested to attend a post submission conference of department heads as the Director deems necessary. The Director of Planning shall notify the applicant of deficiencies in the submitted plan, compliance to the Zoning Code or other codes of the City, other development concerns and make recommendations which would improve the development plan. Recommendations by the Director of Planning are not exclusive or final. The Planning Commission may make additional recommendations or modifications as provided in Section 1220.05. After department review, the applicant may submit revised or amended plans to the Department for submission to the Planning Commission. (Ord. 2009-130. Passed 2-18-10.) 1220.05 PLANNING COMMISSION REVIEW AND MODIFICATION. (a) After submittal of complete plans and review by the Planning Department for compliance to the Zoning Code pursuant to Section 1220.04, the Chairman of the Planning Commission shall place the development plan application on the Planning Commission agenda as soon as practicable after the plans have been determined to be complete according to the requirements of Section 1220.03. The Planning Commission shall review the plans taking into account the spirit and intent of the Zoning Code, the standards and requirements of the Zoning Code, the location of the proposal, the effect on the surrounding properties and the relationship of the proposal to the Guide Plan. (b) The Commission, in reviewing the proposed development plans for conformity to the provisions of the Zoning Code, may make adjustments to certain yards, area and other dimensioned requirements based on the performance standards of Section 1220.06. If the applicant requests modifications or reductions to one standard, the Planning Commission may recommend and request modifications to increase other standards to offset the applicant’s request. If modifications made by either the Planning Commission of applicant are subsequently approved by the Commission the modifications shall be made a part of the development plans and indicated on revised plans submitted by the applicant or such modifications shall be affixed to the development plans approved and signed by the applicant and chairman of the Commission. The applicant and/or his assigns shall be bound by such modifications and conditions affixed and/or made a part of the approved development plan. (Ord. 2009-130. Passed 2-18-10.) 1220.06 PERFORMANCE STANDARDS. Modifications to development plans in dimensioned and quantitative requirements for new development shall incorporate the following performance standards: (a) Modifications to setbacks, height, parking spaces or lot coverage shall not increase the overall amount of building square footage or intensity of use that could otherwise be developed on a parcel. (b) Modifications shall not be made which would permit a greater density of multifamily units or permit multifamily units in an area not zoned for such use. (c) Modifications for dimensional standards in the Zoning Code should be designed to provide better utilization of the land and offset by greater standards in other areas of the Zoning Code.

April 2010 Replacement 181 Development Plans 1220.09

(d) Modifications may be considered due to unique conditions of the parcel, building, design, parcel size, parcel location, topography, adjacent uses of proposed use of the parcel. (e) Modifications shall be designed to protect the desirable characteristics of both existing and planned development as adjacent properties. (f) Modifications shall promote the desirable and beneficial use of the land and promote the economic development of the City. (g) Modification shall maintain convenient and safe access to properties and buildings. (h) Modifications shall promote greater effective open space buffering and landscaping by careful location of buildings relative to adjacent buildings or site features. (Ord. 1988-64. Passed 6-16-88.) 1220.07 APPROVAL OF DEVELOPMENT PLANS. (a) Within ninety (90) days from the date of the Commission meeting at which all required plans and data were first considered by the Planning Commission, the Commission shall either approve the submitted plan, approve a modified development plan or disapprove the development plan, unless the applicant shall consent to an extension of the time limitation. In the event the applicant chooses to withdraw the application, the time limitations of this section shall only apply if such application is later presented to the Planning Commission as required herein. If the applicant withdraws the application they have a ninety (90) day period to request to be placed on a future meeting of the Planning Commission and they may provide revised or additional material to be re-heard by the Planning Commission. After this ninety (90) day period, if the applicant has not requested to be heard, the application shall expire and be null and void. (b) If the Planning Commission disapproves the development plans, the Planning Commission shall indicate in the minutes with particularity, the reason for disapproval. Upon approval by the Planning Commission, the development plan shall be submitted to Council for confirmation. Council may make modifications under the same procedure and requirements followed by the Planning Commission under Sections 1220.05 and 1220.06. Action by Council shall be deemed to be final. (Ord. 2009-130. Passed 2-18-10.) 1220.08 APPLICATION FOR BUILDING PERMIT. Upon approval by the Planning Commission and Council, the developer may then apply for a building permit. Building plans, engineering plans and all construction drawings shall comply with the approved development plans and other applicable regulations of the City. (Ord. 1988-64. Passed 6-16-88.) 1220.09 REVISION; LAPSE OF APPROVAL. Except for minor revision, as determined by the Director of Planning, the development plans may be revised by the developer and resubmitted through the same procedure required for the original development plan. Minor revisions which do not require further modification or variance and which conform to the zoning requirements may be accepted and approved by the Director of Planning. In such cases, the Planning Commission shall be notified of such decision at the next regular meeting. Failure to obtain a building permit and begin the construction of the improvements approved in the development plan within one year after Council's approval shall make null and void the development plan as approved unless an extension of time is granted by Planning Commission and approved by Council. The filing of a written request with the Planning Commission for an extension of approval shall toll the running of the one-year period and any approval or disapproval of an extension shall relate back to the date of the letter requesting the extension. (Ord. 1988-64. Passed 6-16-88.)

April 2010 Replacement 1220.10 ZONING CODE 182

1220.10 DEVELOPMENT PLANS AS AFFECTED BY PENDING CHANGE IN ZONING CLASSIFICATION DISTRICT. The Department of Planning shall not process beyond initial review, a submission of any development plan concerning property, which, prior to the submission, in whole or in part, becomes the subject of legislation introduced by Council or submitted to the Clerk of Council by initiative petition, and which legislation if passed, and on its effective date, would change the classification of the zoning district in which such property is located so as to make the proposed development or use nonconforming or not permitted. In such a case, the Director of Planning after preserving a copy of same shall return the application together with a refund of any fees paid or deposited and advise the applicant of the proposed legislation and the provisions for later submittal. If the proposed legislation has not been passed or is not effective following the expiration of four months from the date the development plan was first presented for submittal, then the applicant, subject to the provisions of the following sentence, shall be permitted to submit the development plan provided it is identical in all respects to the development plan first presented. If the proposed legislation was introduced by initiative petition, becomes the subject of a referendum or otherwise is submitted to a vote of the electorate at an election, the right to submit a development plan previously presented for processing but returned in accordance with this section shall not be available to the applicant until the date the Board of Elections certifies the results of the election. (Ord. 1991-139. Passed 11-21-91.) 1220.11 NON-TOLLING OF ZONING ORDINANCES. The submittal of a development plan shall not toll or extend any of the provisions of this Zoning Code. However, a development plan approved by Council shall not be affected by a subsequent amendment to the Zoning Code. (Ord. 1991-140. Passed 11-21-91.)

April 2010 Replacement 183

CHAPTER 1221 Parking and Loading Facilities

1221.01 Purpose. 1221.09 Improvements of parking 1221.02 Interpretation. areas. 1221.03 Measurement units. 1221.10 Illumination of parking areas. 1221.04 Application and design. 1221.11 Driveways to parking areas. 1221.05 Schedule of parking 1221.12 Access to property, requirements. Interchange Services District. 1221.06 Modifications of requirements. 1221.13 Loading facilities. 1221.14 Approval of facilities. 1221.07 Continuation of facilities. 1221.15 Access to business and 1221.08 Location of facilities. industrial districts.

CROSS REFERENCES Parking generally - see TRAF. Ch. 351 Loading zones - see TRAF. 351.09 Pedestrian ways - see PLAN. & PLAT. 1127.04(d) Residential district regulations - see ZON. Ch. 1211 Business district regulations - see ZON. Ch. 1216 Industrial district regulations - see ZON. Ch. 1218 Sign regulations - see ZON. Ch. 1223

1221.01 PURPOSE. Off-street parking and loading requirements and regulations are established in order to achieve, among others, the following purposes: (a) To relieve congestion so the streets can be utilized more fully for movement of vehicular traffic; (b) To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movements in the vicinity of intensive pedestrian traffic; (c) To protect adjoining residential neighborhoods from on-street parking; (d) To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments which depend upon off-street parking facilities; and (e) For such purposes to provide regulations and standards for accessory off-street parking and loading facilities in accordance with the objectives of the Guide Plan of the City. (Ord. 1969-169. Passed 7-16-70.) 1221.02 INTERPRETATION. Accessory off-street parking and loading facilities shall be provided as a condition precedent to occupancy of all residential, institutional, recreational, places of assembly, business, office, research and industrial uses in conformance with the provisions of this chapter as follows: (a) Whenever a building is constructed or a new use established;

April 2010 Replacement 1221.03 ZONING CODE 184

(b) Whenever an existing building is altered and there is an increase of the number of dwelling units, seating capacity or floor area of a building; and (c) Whenever the use of an existing building is changed to a use which requires more off- street parking facilities, except that certain nonconforming uses may continue as provided in Section 1225.03, Nonconforming Use of Buildings. (Ord. 1969-169. Passed 7-16-70.) 1221.03 MEASUREMENT UNITS. For the purpose of determining the off-street parking and loading facilities required as accessory to a use definitions and standards for measurement are established as follows: (a) "Floor area; parking requirements" means the total area of all the floors of the building used by the principal activity as enumerated in the Schedule, Section 1221.05, measured from the exterior faces of the building. Basement areas or other floors or parts thereof, designed, arranged or used exclusively for accessory storage or similar uses, may be excluded from the floor area. (b) "Floor area; loading requirements" means the total floor area used for the main and accessory activities and storage areas of the building served. (c) "Seating capacity" means the number of seating units installed or indicated on plans for places for assembly; where not indicated on plans, it shall be assumed that a seating unit will occupy six square feet of floor area exclusive of all aisles or areas used for assembly. (d) "Employees" wherever the parking requirement is based on employees, means the maximum number of employees on duty on the premisess at one time or on any two successive shifts, whichever is the greater. (Ord. 1969-169. Passed 7-16-70.) 1221.04 APPLICATION AND DESIGN. (a) Application for Providing Facilities. An application for a permit to construct a building or parking area or for a certificate of occupancy for a change in use of land or a building, shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area and loading facilities to be provided in compliance with the provisions of this Zoning Code. (b) Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement units in Section 1221.03, the standards for designing parking areas in subsection (c) herein, the Schedule of accessory parking requirements for the various uses in Section 1221.05 and any other applicable provisions of this Zoning Code. Where the computation results in a fractional space in excess of one-half, it shall be counted as one additional required space.

(c) Design Standards. The plan of the parking spaces of a parking area included with an application to construct a building or parking area or change in use, shall be designed, dimensioned and the number of spaces determined in accordance with the drawing entitled Standards for Designing Parking Areas, which is a part of this Zoning Code. Design standards for enclosed parking areas, garages, shall be in accordance with other provisions of the Zoning Code.

April 2010 Replacement 185

April 2010 Replacement 1221.05 ZONING CODE 186

1221.05 SCHEDULE OF PARKING REQUIREMENTS. The number of off-street parking spaces for each permitted use shall be not less than provided in the following schedule unless modified in other sections of this Zoning Code: Building, Use or Activity Minimum Spaces Required (a) Residential. (1) One-family and 2 spaces per dwelling unit, of Two-family dwellings which not less than one space per unit shall be enclosed (2) Apartment dwellings 2 spaces per dwelling unit, of which not less than one space per unit shall be enclosed (3) Rented rooms 1 space per rented room plus 1 space per resident family (4) Hotel, motels 1 space per rental unit plus 1 space for each employee (see also the requirements of subsections (b)(4) and (d)(2)) (5) Home for the aging 1 space per each 3 dwelling units in apartment building plus 1 space per each dwelling unit in other dwelling types (b) Community Facilities. (1) Governmental. Municipal, 1 space per 4 seats of area used County, State and Federal for public assembly, plus 1 space buildings, principally for each 2 employees; plus 1 space administrative functions per 500 sq. ft. of other parts of the building (2) Civic. Art galleries, 1 space per 3 seats of seating libraries, museums, capacity of largest area used for churches, club and assembly, plus 1 space for each 2 community centers employees (3) Educational. Public and 1 space per 3 seats of seating private, primary and capacity of largest area used for secondary schools public assembly, plus 1 space per full-time faculty and staff member

(4) Places of Assembly. 1 space per 3 seats of seating Auditoriums, lodge halls, capacity of area used for assembly theaters, gymnasiums and stadiums (5) Health and welfare. (a) General and special 1 space per 2 beds, plus 1 space hospitals for each 2 employees (b) Nursing home 1 space per each 3 patients, plus 1 space for each 2 employees

April 2010 Replacement 187 Parking and Loading Facilities 1221.05

Building, Use or Activity (Cont.) Minimum Spaces Required (Cont.) (c) Recreation; Community and Commercial. (1) Skating rink, swimming pools 1 space per 50 sq. ft. of the area devoted to recreation activity and to spectators (2) Racquetball, handball, 4 spaces per court tennis courts (3) Playing fields 1 space per 4000 sq. ft. of area devoted to play field and 1 space per 3 seats of seating capacity of area used for assembly (4) Bowling alleys 6 spaces per lane (5) Golf driving ranges 3 spaces per tee (6) Offices in the same building 1 space per 200 sq. ft. of as a main recreation floor area business use (7) Gymnastics, gymnastics 1 space per 225 sq. ft. of floor training school and body area conditioning (8) Storage of goods on No requirement presently in force premises (9) Snack bar 1 space per 50 sq. ft. of indoor customer service area (10) Pro shop 1 space per 200 sq. ft. of floor area (11) Party room 1 space per 50 sq. ft. of floor area (12) Game room 1 space per 50 sq. ft. (d) Business and Offices. (1) Retail stores, services A. Less than 4000 sq. ft. 1 space per 200 sq. ft. of floor per unit area B. 4000 to 10,000 sq. ft. 20 spaces, plus 1 space per 150 per unit sq. ft. of floor area over 4000 sq. ft. C. 10,000 sq. ft. or 60 spaces, plus 1 space per 125 greater per unit sq. ft. of floor area over 10,000 sq. ft.

April 2010 Replacement 1221.05 ZONING CODE 188

Building, Use or Activity (Cont.) Minimum Spaces Required (Cont.) (d) Business and Offices. (Cont.) (2) Places serving food and drinks 1 space per 50 sq. ft. of indoor customer service area or 1 space per two seats, whichever is greater (3) Offices A. Medical and dental 5 spaces for each doctor and/or offices dentist or 1 space per every 250 sq. ft., whichever is greater B. All other offices, 1 space per 300 sq. ft. of office above and below first floor area floor C. Office floor area on 1 space per 250 sq. ft. of office first floor floor area D. Executive Office Park 1 space per 350 sq. ft. of office buildings sharing floor area greater than 50,000 sq. common drives and ft. plus one landbanked parking parking facilities space for each six parking spaces so required. Landbanked spaces shall not be located in the required parking setbacks or required landscape areas. For office floor area below 50,000 sq. ft. standards in (3)A., B. and C. above shall apply (4) Mortuaries 1 space per 30 sq. ft. of assembly rooms, or 1 space per each 4 seats whichever requires the greater number, but in no case, shall there be less than 20 spaces (5) New Automobile Sales 1 space for each 200 square feet Agencies of building area (e) Service and Manufacturing. Wholesale, distribution, 1 space per 1.5 employees on the laboratories, general services, two largest successive shifts, or 1 shops, manufacturing plants space per every 350 sq. ft. of building area, whichever is the greater (see also, Sec. 1221.08(d)) (f) Other Buildings or Uses. For specific buildings or uses not scheduled above, the Director of Planning shall apply the unit of measurement set forth in the schedule in this section which is deemed to be most similar to the proposed building or use. (g) Drive-in Facilities. Drive-in facilities serving or selling food and drinks shall provide not less than thirty off-street car parking spaces in addition to the parking spaces as may be required in accordance with the standard for indoor customer service areas.

April 2010 Replacement 189 Parking and Loading Facilities 1221.08

Drive-in windows, pick-up and control stations, ticket booths and similar facilities shall provide spaces in a waiting line to accommodate at least six vehicles on the lot occupied by the facility. Driveways to such service and parking areas shall be located in accordance with the provisions of Section 1221.11. (Ord. 1990-27. Passed 4-5-90.) 1221.06 MODIFICATIONS OF REQUIREMENTS. (a) Parking for Single and Mixed Uses. A building occupied by one use shall provide the off-street parking spaces as required for the specific use. A building or group of buildings, occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spacess if required for each use. For a large unit development of business uses, such as a shopping center or office building complex, spaces shall be provided for the total area of the building or buildings as set forth in the Schedule, Section 1221.05, instead of the requirements based on separate uses. (b) Joint Use of Parking Facilities. Institutions, places of amusement or assembly, items enumerated in Section 1221.05, subsections (b), (c)(4) and (c)(5), may make arrangements with business establishments which normally have different hours of operation for sharing up to, but not more than fifty percent of their requirements in abutting parking areas which are accessory to such business uses, provided that an area shall be reserved for the full number of spaces required in the event an agreement to share spaces is terminated. Where there is a sharing of facilities by different owners or tenants, there shall be a written agreement covering a period of time as may be required by the Planning Commission. Should any of the uses be changed or the facilities discontinued, the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of such building or buildings. (Ord. 1988-73. Passed 6-16-88.) 1221.07 CONTINUATION OF FACILITIES. Required off-street parking and loading facilities accessory to an existing use on the effective date of this Zoning Code, and those required as accessory to a use created or a building constructed or altered thereafter, shall be continued and maintained in operation, shall not be used for any outdoor purpose other than parking and shall not be reduced below the requirements during the period that the main use is maintained. (Ord. 1969-169. Passed 7-16-70.) 1221.08 LOCATION OF FACILITIES. Accessory parking facilities shall be provided at locations as set forth in this chapter except as may be modified by the provisions in other chapters of this Zoning Code. (a) Residential Districts and Uses. Required off-street parking facilities shall be located on the same lot as the dwelling unit to which they are accessory; in addition, in all Multi-Family Districts, the parking facilities shall be located within a walking distance of 200 feet of the building entrance of the dwelling unit to be served.

April 2010 Replacement 1221.08 ZONING CODE 190

(1) In all residential districts, not less than one off-street parking space per dwelling unit shall be completely enclosed. (2) In R-MF-40 Districts each townhouse dwelling unit shall have one enclosed parking space attached to or constructed as part of the dwelling unit and shall front upon a dedicated street. All other required off-street parking spaces shall be located not more than 200 feet from a dedicated street as measured along the access drive. (3) In R-MF-24 and R-MF-15 Districts all required parking spaces shall be not further than 500 feet from a dedicated public street as measured along the access drive to that space. (4) In R-MF-15 Districts all required enclosed parking spaces shall be provided in either an underground garage or garages or a surface garage or garages, designed so that not more than one entrance and/or one exit shall be provided for every twenty parking spaces in the garage and provided further that there shall be not less than 300 square feet of garage area for each enclosed garage space. (b) Amusement and Assembly Uses. Parking facilities shall be located on the same lot as the institution, place of amusement or assembly to which it is accessory, enumerated in Section 1221.05, subsection (b). All parking areas and driveways serving the uses covered in this subsection shall be further regulated in relation to any adjoining residential district lines as may be set forth in other sections of this Zoning Code. (c) Business and Office Uses. Parking facilities shall be located on the same lot as the main use served in all business districts. All parking areas and driveways serving the uses covered in this subsection shall be further regulated in relation to any adjoining district lines as may be set forth in other chapters of this Zoning Code. (d) Industrial Districts and Uses. Accessory parking facilities shall be provided on the same lot as the main use served in industrial districts. Wherever the application of the standards set forth in Section 1221.05, subsection (e), as to number of employees, results in fewer parking spaces than required by the application of such standard as to the square feet of a building, the Director of Inspections may permit the construction of the lesser number of spaces if the additional area required to provide the number of spaces under the square feet of a building standard is reserved and held as an open area, along with all required yard areas, for future construction of parking spaces until the use of the building is changed to a classification having a greater number of employees in relation to the building area. (Ord. 1969-169. Passed 7-16-70.)

April 2010 Replacement 191 Parking and Loading Facilities 1221.11

1221.09 IMPROVEMENTS OF PARKING AREAS. Parking areas and access driveways shall be designed, constructed, altered, graded and maintained as follows: (a) Grading and Pavement. Parking areas and access driveways shall be so graded and drained so as to dispose of all surface water and drainage shall not be allowed to flow across a public sidewalk or onto adjacent properties. The areas and driveways shall be improved with bituminous or Portland cement pavement, in accordance with the standards established by the Building Code. (b) Design of Areas. Parking areas shall be so arranged and marked to provide for orderly and safe parking and storage of vehicles in accordance with the design standards mentioned in Section 1221.04(c) and shall be so improved with bumper guards or curbs to define parking spaces or limits of paved areas, except at entrances and exits, so as to prevent encroachment of vehicles into adjacent areas, public ways or setback as required by regulations for certain districts or by provisions in other sections of this Zoning Code. (c) Signs. Signs located on or related to parking areas shall be permitted as provided in Chapter 1223. (Ord. 1969-169. Passed 7-16-70.) 1221.10 ILLUMINATION OF PARKING AREAS. Parking areas shall be illuminated whenever necessary to protect the public safety. Lighting fixtures shall be so designed and located so as not to reflect direct rays of light in adjoining residential districts and streets. The intensity shall not be of excessive brightness nor cause a glare hazardous to pedestrians or automobile drivers. (Ord. 1969-169. Passed 7-16-70.) 1221.11 DRIVEWAYS TO PARKING AREAS. The location, width and number of driveways serving off-street parking facilities shall be planned in such a manner as to interfere as little as possible with the use of adjacent property and the flow of traffic on the street system. Except for one-family and two-family dwellings, driveways to parking areas shall be provided for all permitted uses according to the standards set forth in the following schedule: Distance From Center Line of Access Drive Minimum Minimum Number of to Right of Way at Number of Number of Distance Parking Nearest Intersecting Drives Access Between Center Spaces Served Street (b) Min. Max. Lanes line of Drives(b) 19 or less 40 1 2 1 50 20 to 59 40 1 2 2 50 60 to 299 100 1 2 2 50 300 to 999 150 1 2 3 100 1000 to 2999 200 2 3 6 100 3000 and over 300 3 4 10(a) 200 between 2 four-lane drives 100 between all other drives

April 2010 Replacement 1221.12 ZONING CODE 192

(a) The Planning Commission may require these distances to be increased in order to minimize interference with the flow of traffic on dedicated streets. The Commission may permit a decrease in the required distances if in the opinion of the Commission such decrease will not unduly interfere with the flow of traffic on dedicated streets. (b) At least four of the required lanes shall be provided on one divided drive. Access drives to parking areas of 1,000 - 2,999 spaces shall extend into the parking facility a distance of not less than 100 feet from the planned street right of way with a solid curb or other barrier on each side of the drive. Access drives to parking areas of more than 3,000 spaces shall extend into the parking facility a distance of not less than 150 feet from the planned street right of way with a solid curb or other barrier on each side of the drive. Parking facilities shall be designed so that all vehicles may be driven forward into the street. This provision shall apply to all permitted uses in all use districts except for one-family and two-family dwellings located on local residential streets. One- family and two-family dwellings located on streets designated as major streets or arterial streets as shown on the City Thoroughfare Plan or Guide Plan shall comply with this provision. The width of driveways to parking areas measured at the street property line (right of way) shall not exceed four lanes in width and shall conform to the following schedule. In the case of a four-lane drive, the lanes shall be designed as two adjacent entrance and exit lanes divided by a barrier a minimum of six feet wide. Width of Driveway Number of Lanes Minimum Maximum in Drive (in feet) (in feet) One lane 10 12 Two lanes 20 24 Three lanes 30 34 Four lanes 40(a) 46(a) (a) Plus a minimum six-foot divider. In Executive Office Park Districts there shall be no more than two access drives to a public street per twelve-acre development area. (Ord. 1981-123. Passed 10-15-81.) 1221.12 ACCESS TO PROPERTY, INTERCHANGE SERVICES DISTRICT. (a) In an Interchange Services District no access street or driveway shall be located less than 600 feet from the intersection of a freeway ramp with any thoroughfare, unless a marginal road is planned for by providing a setback greater than required. Access to an existing residential use may be continued for the duration of such use. Access driveways shall be limited to two for each lot containing a business use and shall be established as follows: (1) The width of the permitted access driveways shall be not greater than twenty-four feet; (2) The apron of such driveway shall be delineated by a curb of twenty feet radius;

April 2010 Replacement 193 Parking and Loading Facilities 1221.13

(3) The curb shall be continued or another suitable barrier shall be provided along the road frontage between access points to prevent unchanneled vehicular ingress or egress. The location of an access driveway adjacent to a side lot line is encouraged, so that when adjoining lots are developed, a joint two-way access is created and maintained. (b) If a plan is submitted for the comprehensive development of contiguous lots having a total frontage of not less than 600 feet in an Interchange Services District, and incorporating a marginal service road or parallel service road combining the access of several developments or other approved facilities with controlled access points not less than 600 feet apart, the Planning Commission may: (1) Approve such plan with reductions in required minimum lot widths to 150 feet and side yards to ten feet (except adjacent to residential districts); (2) Approve such plans as provided in subsection (a) herein with temporary accesses to individual sites for a limited period, until the overall development is completed according to the approved plan. (Ord. 1969-169. Passed 7-16-70.) 1221.13 LOADING FACILITIES. Accessory loading and unloading facilities shall be provided as a condition precedent to occupancy of all business, service and industrial buildings hereafter erected and altered to such uses. Such facilities shall be maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this chapter. (a) Allocation of Use. Space required and allocated for any off-street loading shall not, whole so allocated, be used to satisfy the space requirements for off-street parking. An off-street loading space shall not be used for repairing or servicing of motor vehicles, and it shall be available for its designated purpose when needed. (b) Location of Facility. In an industrial district, a loading space or loading dock shall not be permitted in a front yard or constructed on any part of the front face of a building. A loading space or loading dock may be constructed on a side face of a building provided the loading dock is located at least fifty-five feet away from the front face of the building as measured from the side of the loading dock closest to the front face of the building to the closest part of the front face of the building. A loading space or loading dock may be located on the rear face of a building. In all situations, a loading space or loading dock shall be in accordance with side or rear yards as required for parking areas in Section 1218.04. In a business district a required loading space shall be permitted as provided in Section 1216.06. (c) Access Driveways. Each required off-street loading space shall be designed for direct vehicular access by means of a driveway or driveways, to a public street in a manner which will least interfere with traffic movements. The access shall be located so that the driveway center line shall be not less than forty feet from the nearest intersecting street line.

April 2010 Replacement 1221.14 ZONING CODE 194

(d) Improvements. All accessory off-street loading spaces shall be improved as required for parking areas as set forth in the Building Code. (e) Minimum Size Criteria. Each required off-street loading space for buildings less than 20,000 square feet in gross floor area shall be at least ten feet wide by at least twenty-five feet in length. Each required loading space for a building of 20,000 square feet or more of floor area shall be not less than fourteen feet wide by sixty feet in length. The above areas shall be exclusive of the maneuvering space and each space shall have a vertical clearance of at least seventeen feet. (f) Schedule of Required Loading Facilities. Buildings of less than 5,000 square feet of floor area shall be provided with sufficient off-street loading facilities so that a truck will not obstruct a public right of way. Buildings of 5,000 square feet or more shall be provided with accessory off-street loading spaces as follows: Building, Use Gross Floor Area of Building Required Minimum or Activity (in square feet) Number of Spaces Retail stores, 5,000 to 10,000 1 all types 10,000 to 40,000 2 40,000 to 100,000 3 Printing, publishing 5,000 to 40,000 1 warehouses, 40,000 to 100,000 2 storage establishments Servicing, cleaning, 5,000 to 40,000 1 repairing, testing 40,000 to 100,000 2 or manufacturing each additional 100,000 1 additional space establishments If a proposed use does not require the number of loading spaces as provided in the above schedule due to the nature of the business or industrial use, the Director of Inspections may permit the construction of a lesser number of spaces, provided however, the additional area required to provide the number of spaces in the schedule shall be reserved and held as open area (along with all required yards) for future construction of loading spaces in the event the use of the building is changed to require the additional loading spaces. (Ord. 1987-91. Passed 6-18-87.) 1221.14 APPROVAL OF FACILITIES. Detailed drawings of accessory off-street parking and loading facilities shall be submitted to the Planning Commission for review and approval in accordance with all the provisions of this chapter and where applicable with the provisions of Chapter 1220. (Ord. 1969-169. Passed 7-16-70.) 1221.15 ACCESS TO BUSINESS AND INDUSTRIAL DISTRICTS. No access driveways or walks shall be permitted in or through any residential area to gain ingress or egress to land or buildings in a business or industrial district. (Ord. 1971-20. Passed 6-17-71.)

April 2010 Replacement 195

CHAPTER 1222 Heliports and Helistops

1222.01 Definitions. 1222.05 Minimum specifications. 1222.02 Permitted locations. 1222.06 Construction material. 1222.03 Approach zones. 1222.07 Safety precautions. 1222.04 Take-off and landing. 1222.08 Yard regulations.

CROSS REFERENCES Business district regulations - see ZON. Ch. 1216 Industrial district regulations - see ZON. Ch. 1218 Conditional use permits - see ZON. 1227.01 et seq.

1222.01 DEFINITIONS. As used in this chapter: (a) "Helicopter" means an air-borne vehicle used for the transportation of personnel or material whose support in flight is derived from a vertical lift or force produced by the mechanical rotation of an air-foil or wing about an approximately vertical axis. (b) "Heliport" means an area on land or a structural surface which is used or intended for use, for the landing and taking-off, refueling, repairing, maintenance or storage of helicopters. (c) "Helistop" means an area of land or a structural surface that is used or intended for use for the landing and taking-off of helicopters. No refueling, maintenance, repairing or storage is permitted. (Ord. 1969-169. Passed 7-16-70.) 1222.02 PERMITTED LOCATIONS. A heliport or helistop may be permitted within an industrial district or a Shopping Center District if a conditional use permit is granted as provided in Chapter 1227. (Ord. 1969-169. Passed 7-16-70.)

April 2010 Replacement 1222.03 ZONING CODE 196

1222.03 APPROACH ZONES. There shall be a minimum of two approach paths to a heliport or helistop, the center lines of which may be no less than ninety degrees apart, and which shall be free of obstructions to provide a glide slope of eight to one, eight feet horizontal measurement to one foot vertical measurement. These approach zones shall be 500 feet wide at 500 feet above the elevation of the heliport or helistop, and taper down to the width of the heliport or helistop at the heliport or helistop elevation. (Ord. 1969-169. Passed 7-16-70.) 1222.04 TAKE-OFF AND LANDING. No person shall land or take-off a helicopter anywhere in the City other than at an approved heliport or helistop, except in the case of an emergency where permission to take-off must be obtained from the Chief of Police. The Chief may approve the landing or take-off of a helicopter at different areas approved by him or his representative, on an individual basis in cases of emergency, public ceremony or public necessity. (Ord. 1969-169. Passed 7-16-70.) 1222.05 MINIMUM SPECIFICATIONS. Every heliport or helistop built at ground level shall have a hard surfaced or grassed area, be provided with good drainage and be free of dust, gravel or other loose material. It shall be not less in length, width or diameter than twice the overall length of any helicopter landing or taking- off. In no instance shall this area be smaller than 100 feet in diameter or in length of the shortest dimension of a rectangular area. This area shall be free of trees, wires or other obstructions, reserved for the exclusive use of landing or taking-off of helicopters and enclosed with a permanent fence at least three feet high. Rooftop heliports or helistops shall be a minimum of forty feet in diameter or in length of the shortest dimension of a rectangular area and shall be designed and constructed so that the building will support the dead load of the structure, plus the actual weight of the heaviest loaded helicopter to be used. A rooftop heliport or helistop must be designed to support concentrated loads on any one square foot equal to three-quarters of the gross weight of the heaviest helicopter to be accommodated. The structural design of all buildings supporting a heliport or helistop shall be in accordance with the Building Code unless otherwise specified in this chapter. (Ord. 1969-169. Passed 7-16-70.) 1222.06 CONSTRUCTION MATERIAL. On buildings supporting a heliport or helistop, construction shall be incombustible. The touchdown surface and adjacent area shall be covered with an impervious and incombustible material. It shall be free of loose material that may be blown out during helicopter operations. (Ord. 1969-169. Passed 7-16-70.) 1222.07 SAFETY PRECAUTIONS. Heliports or helistops constructed and operated in the City shall comply with the following requirements: (a) The touchdown area shall be marked as prescribed by the Federal Aviation Agency. The numerals of the maximum weight allowable for use of the facility shall be provided so as to be conspicuous to pilots. A border one foot wide shall be provided around the edge of the touchdown area.

April 2010 Replacement 197 Heliports and Helistops 1222.08

(b) The touchdown or landing areas on rooftops shall be elevated or provision shall be made for the collection of fuel that may be spilled in an emergency. (c) There shall be at least two exits, remote from each other, on a rooftop heliport or helistop. These exits shall connect with the floor immediately below and shall be enclosed. (d) There shall be at least two approved dry-powder-type fire extinguishers of at least twenty pound size. These shall be located remotely from each other. One of these may be substituted for a carbon dioxide-extinguisher with the permission of the Fire Chief. (e) Heliports and helistops shall be provided with an acceptable wind indicator or windsock. (f) No heliport or helistop shall be permitted near a high-tension power line. (g) No fuel may be stored at a helistop. (h) Smoking shall not be permitted in a heliport or helistop area. (Ord. 1969-169. Passed 7-16-70.) 1222.08 YARD REGULATIONS. (a) Front Yard. A heliport or helistop shall not be located in a required front yard. (b) Side and Rear Yards. A heliport or helistop may be located in a side or rear yard provided that the required eight to one glide slope requirement is met in a 360 degree arc extending to the altitude equal to the height of the highest building in the immediate area. The glide slope measurement shall be made from the top of the perimeter fence. The Planning Commission and Council shall take into consideration the effect of the glide slope on adjoining undeveloped land. (Ord. 1969-169. Passed 7-16-70.)

April 2010 Replacement April 2010 Replacement 199

CHAPTER 1223 Sign Regulations 1223.01 Purpose of regulations and 1223.12 Signs prohibited under this repeal of other provisions. Code. 1223.02 Classification of signs. 1223.13 Administrative procedures. 1223.03 Computations. 1223.14 Maintenance. 1223.04 Maximum sign area permitted. 1223.15 Alteration and removal of 1223.05 Height regulations. unsafe, obsolete and 1223.06 Minimum setback regulations. nonconforming signs. 1223.07 Illumination of signs. 1223.16 Severability clause. 1223.08 Supplemental regulations. 1223.17 Noncommercial messages 1223.09 Temporary signs. or graphics. 1223.10 Design and construction 1223.18 Violations and penalties. standards. 1223.19 Appeal. 1223.11 Signs exempt from regulation.

CROSS REFERENCES Traffic control devices - see Ohio R.C. 4511.211 and 4511.432; TRAF. 313.07 Civic banners - see GEN. OFF. 503.02 Service station signs - see BUS. REG. 715.01, 715.02 Christmas tree sales - see BUS. REG. 717.04 Home sales signs - see BUS. REG. 719.06 Planning Commission application fees - see P. & Z.1115.01 Street name signs - see P.& Z. 1129.11 Planned Unit Development signs - see P. & Z. 1212.09 Health Campus District signs - see P. & Z.1219.05 Sign permit fees - see BLDG. 1315.07

1223.01 PURPOSE OF REGULATIONS AND REPEAL OF OTHER PROVISIONS. (a) In the interest of promoting the general health, safety and welfare of residents of Westlake, these sign regulations are herein established to provide for the placement, location and size of signs in a sensible manner. As more specifically set forth herein, the purposes of these sign regulations are to: (1) Promote and maintain attractive, high value residential, commercial and industrial districts by preventing the blighting influence of excessive signage. (2) Provide reasonable, yet appropriate, conditions for identifying residential developments, institutions, businesses and industrial establishments. (3) Control the size and location of signs so that signs will be aesthetically harmonious with their surroundings and the design of adjacent buildings. (4) Control the number of signs in order to provide an attractive and uncluttered environment.

April 2010 Replacement 1223.02 ZONING CODE 200

(5) Eliminate any conflict which would be hazardous between identification signs and traffic control signs and devices. (6) Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment by discouraging signs which are confusing and distracting due to the number of colors, size, location, or glare of lights, thereby preventing hazards to pedestrians and motorists. (7) Provide review procedures which enable the City to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings. (8) Provide for the control of temporary signs to avoid the unsafe conditions and blighting influence of excessive and/or deteriorating temporary signage. (9) Prohibit all signs not expressly permitted by this Code. In establishing these purposes, the City has determined that signs which do not comply with these regulations (type, size, location, and limitation on the number of signs) are a public nuisance and are a detriment to the general health, safety and welfare of the community. Unregulated signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public. Signs shall be designed, erected, altered, reconstructed, moved or maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter. The construction, erection, safety and maintenance of all signs shall be also in accordance with the provisions of the Building Code (See Part Thirteen, the Building Code, Chapter 1301 et seq.). The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing trafffic signs within the City. (b) Any reference to Chapter 1383 shall now be treated as if reference to Chapter 1223 and any provision of the Westlake Municipal Code in conflict with any provision of Chapter 1223 is hereby repealed. (Ord. 2002-47. Passed 5-2-02.) 1223.02 CLASSIFICATION OF SIGNS. For the purposes of these regulations, a sign is defined as and shall include any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, institution or business by means of letters, words, designs, colors, symbols, insignia, flags, pennants, banners, fixtures, works, models, balloons, inflatable items, images or illuminations. Signs shall be further classified by physical design or structure, and function or purpose based on the following: (a) Physical Characteristics. (1) "Animated sign" means any sign that uses movement or change of lighting including revolving, rotating, whirling, spinning and flashing to depict action or create a special effect or scene. Animation shall be considered any change or movement more frequent than once per twenty-four hours. (2) "Awning sign" means a sign painted on, printed on, embossed, or attached against the surface of an awning. An awning is defined as a rooflike structure projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. (See Section 1223.03(a)(5) for the computation of sign area).

April 2010 Replacement 201 Sign Regulations 1223.02

(3) "Banner sign" means a sign constructed of fabric or any nonrigid material with no enclosing framework. (4) "Canopy sign" means a sign painted, embossed, affixed or attached to the soffit or fascia (vertical surface) of a canopy. A canopy is defined as a primarily horizontal rooflike structure constructed of rigid materials either attached to a building or freestanding (in the case of automobile service station canopies over gas pumps). Canopy signs are not permitted on freestanding canopies (except as provided for in Section 1223.08(e)) and are only permitted on vertical surfaces of a canopy attached to and part of a building and behind the permitted minimum setback line for the building (see Suspended Sign for a definition of signs hung perpendicular to the store front under a canopy, ceiling or entry, intended for pedestrian visibility). (5) "Changeable copy sign" means a sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than once a day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. (6) "Exposed neon sign" means a sign using neon tube as the light source and sign, with the neon tube either totally exposed or covered only by a clear or transparent face so that the illuminated neon tube is visible. (7) "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. (8) "Freestanding sign" means any sign supported by structures or supports that are anchored in the ground and that are independent from any building. All freestanding signs are further classified structurally as either Monument Signs or Pole Signs. (9) "Mansard sign" means a sign attached to a mansard structure. A mansard is a roof, or structure covered in roofing materials, having two slopes, with the lower slope almost vertical and the upper slope angled (neither horizontal or vertical). (10) "Marquee sign" means a sign attached to a marquee. A marquee is a permanent roof-like structure of rigid materials supported by and extending from the facade of a building. A marquee sign shall be affixed or attached to a vertical surface on the marquee structure, such as a soffit or sign fascia. (11) "Monument sign" means a Freestanding Sign having fifty percent (50%) or more of the bottom of the sign in contact with the ground or supporting structure. (12) "Pennant/streamers" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. (13) "Pole sign" means a Freestanding Sign having more than fifty percent (50%) of the bottom of the sign separated from the ground by air.

April 2010 Replacement 1223.02 ZONING CODE 202

(14) "Portable sign" means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be readily transportable on wheels; signs designed as "A"- or "T"- frames; menu and sandwich board signs; balloons used as advertising devices; products stacked in the manner of a sign; umbrellas used for advertising; and signs attached to or painted on vehicles or trailers parked and visible from the public right-of-way. (15) "Product dispenser or kiosk sign" means a sign consisting of all or part of a product dispenser or kiosk designed to attract attention from off the zoning lot on which the dispenser is installed. (See Section 1223.08(f)(2).) (16) "Projecting sign" means a sign erected on the outside wall of a building and which extends more than twelve inches therefrom. (17) "Roof sign" means a sign erected partly or completely on or over the roof of any building or above or over any portion of the building covered by roofing materials or above or over the top edge of a building wall or sign fascia. (18) "Suspended sign" means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. Examples include small under-canopy pedestrian oriented signs and temporary real estate signs for multi-family developments designed to attach to the approved monument sign to advertise the availability of units. (19) "Wall sign" means a sign erected parallel to or affixed on the outside wall of any building, and not extending more than twelve inches therefrom, and which does not project above the roof line or beyond the corner of the building. (20) "Window sign" means a sign on the inside of a building affixed to, or near, a window for the purposes of being visible to and read from the outside of the building. (21) "Yard sign" means a freestanding temporary sign in a yard, including construction, political, and real estate signs and temporary promotional signs where permitted. (b) Function. (1) "Community identification signs" means a permanent or temporary identification or directional sign for the purpose of providing information and directions to public, quasi-public, religious, educational, and major recreational facilities in the City. (2) "Community special event sign" means a temporary sign erected by a public or semi-public body which announces a public function. It may be located in the street right-of-way abutting any type of zoning district upon approval of the Mayor or his designee (see Section 503.02 of the General Offenses Code.). (3) "Construction sign" means a temporary sign identifying the name of a subdivision, building or public works project or facility during the time of construction, erected on the property on which it is located once the development plan or subdivision plan has been approved by City Council. Such signs may include a description of the project, and may list the project's professional firms (such as architects, engineers, developers and contractors).

April 2010 Replacement 203 Sign Regulations 1223.02

(4) "Directional sign" means a sign located on private or other non-right-of- way property, to direct traffic onto it, usually indicating the entrance and exit to a parking lot. (5) "Identification sign" means a sign intended to identify the principal use of a lot, building or building unit according to the following: A. "Business identification sign" means a sign indicating the business name or logo of a commercial or industrial enterprise and limited to identification purposes unless otherwise approved by Planning Commission. B. "Institution identification sign" means a sign displaying the name and/or organization occupying the premises of a public or quasi- public use restricted to: church or other place of religious worship; hospital; nursing home; public or non-profit corporation owned and operated recreational facilities; governmentally owned and/or operated facilities; schools and cemeteries. C. "Residential identification sign" means a sign identifying the name and address of a completed residential subdivision, a cluster development, or a multi-family development. (6) "Instructional sign" means an exterior sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers, visitors or users as to: specific parking requirements; the location or regulations pertaining to specific activities on the site or in the building; security system advisories; specific services offered, or methods of payments accepted. Examples of instructional signs include "Honk Horn for Service", "Restrooms Inside", "Parking for Customers Only", "Parking for Residents Only", menu boards, drive-up tellers, "self-serve." No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered an Instructional Sign. (7) "Memorial sign" means a sign indicating the name of a building, the date of construction and/or incidental information about its construction or historical significance, which sign is cut into a masonry surface or made of bronze or other permanent material, and mounted at the time the building was constructed or affixed to the building or premises subsequent to a structure or site being designated as a historical landmark. (8) "Nameplate" means a sign indicating only the name, address or occupation of the person or business occupying the lot or building. (9) "Political sign" means a temporary sign advocating action on a public issue, indicating a candidate for public office, or expressing an opinion or belief. (10) "Product and service sign" means a sign which advertises the services, products, merchandise or prices of commodities produced, stocked, or sold on the premises. (11) "Real estate sign" means a temporary sign which directs attention to the rental, sale or lease of the property on which the sign is located. (12) "Required public purpose/safety sign" means a sign erected by a public authority, utility, public service organization or private industry upon the public right-of-way or on private property which is required by law or otherwise intended to control traffic, direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. Public purpose/safety signs include "No Parking Fire Lane."

April 2010 Replacement 1223.03 ZONING CODE 204

(13) "Temporary promotional sign" means a temporary sign of any type (other than a construction, political, or real estate sign) intended to announce special events, promotions or sales, including garage sales in residential districts. (14) "Temporary sign" means a sign which is intended to be displayed for a limited time only. Such signs include construction, political, real estate and temporary promotional signs. (15) "Unified directory sign" means a wall sign erected to identify each business or tenant located within the building. (c) Other Sign Related Definitions. (1) "Director" means the Planning Director of the City of Westlake or his or her designee. (2) "Director of Inspections" means the Director of the Building Department of the City of Westlake or his or her designee. (3) "Commercial message" means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. (4) "Footcandle" means a measure of light intensity, more specifically, illumination of a surface one foot distant from a source of one candela, equal to one lumen per square foot. (5) "Master Signage Plan" means a plan submitted by the owner of any zone lot on which the owner or tenant proposes to erect one or more permanent signs requiring Planning Commission approval. The plan is to include the size and location of all present and future permanent signage on the lot, and other material as indicated in Section 1223.13(c) and (e). (6) "Nonconforming sign" means any sign that does not conform to the requirements of this chapter. (7) (EDITOR’S NOTE: Former subsection (c)(7) hereof was repealed by Ordinance 2006-166, passed February 15, 2007.) (8) "Property Maintenance Officer" means the Director of Inspections of the City of Westlake and any other officer of the City who may be authorized to enforce the sign regulations contained in Chapter 1223. (Ord. 2002-47. Passed 5-2-02.) 1223.03 COMPUTATIONS. The following principles shall control the computation of sign area and sign height: (a) Determining Sign Area or Dimension. (1) The area of a sign shall be computed as including the entire surface area within a regular, geometric form, or combination of regular, geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, together with any material or color used to differentiate the sign from the environment or surroundings in which it is placed.

April 2010 Replacement 205 Sign Regulations 1223.03

(2) Only one side of double-faced freestanding or projecting signs shall be included in calculating area, provided that the two display surfaces are joined at an angle not greater than fifteen degrees. If greater than fifteen degrees both sides are counted as sign area. (3) The sign area shall not include the frame, pole or other necessary structural support unless such frame, pole or structural support is illuminated or otherwise so designated to constitute a display surface or device. (4) For a multifaceted sign of three or more faces then the sign area is calculated to include the surface areas of all those sides visible from a street. (5) If the exterior surface of an awning is internally or externally illuminated and/or has lettering or numbering on it (other than up to a two square foot address), then the exterior surface of the awning is considered a sign for the computation of sign area. (6) Buildings or parts of buildings or structures that are covered or painted to act as a sign shall be calculated as part of the sign area. (7) In the event there is a question in determining the sign area or any sign dimension, the Planning Commission shall make a ruling for that sign. Any disputes or appeal of the decision of the Planning Commission may be made to the Board of Zoning Appeals for a final determination. (b) Determining Sign Height. (1) The height of a freestanding sign shall be measured from the base of the sign or supporting structure at normal grade to the top of the highest element. Normal grade shall be the established grade after construction of the sign, exclusive of any filling, berming, or mounding solely for the purpose of raising the base of the sign. (2) The height of a wall sign shall be measured from the finished grade at the base of the wall below the sign to the top of the highest element of the sign. (c) Determining the Frontage Width of a Building. The frontage width of a building shall be the width of the facade which faces the principal street or contains the main entrance. (1) For multi-tenant buildings, the frontage width of a building shall be the width of the facades which contain the main entrances. The individual unit frontage width shall be the width of the side of the unit with the unit's main entrance, as measured from the party wall centerlines. The maximum permanent sign area allowed for an individual unit shall be a direct percentage of that building unit's frontage width to the total building frontage width. A corner unit's signage shall be located on the facade with the main entrance; additional signage may be permitted at the discretion of the Planning Commission as part of approval of a Master Signage Plan or sign criteria for a multi-tenant building. (2) Buildings on lots abutting a freeway shall not be considered to have building frontage on the freeway for sign area calculations and signs shall not be located for visibility from the freeway except for buildings in Interchange Service Districts or as otherwise approved by the Planning Commission. (Ord. 2002-47. Passed 5-2-02.) (3) The Planning Commission after consideration of building orientation, corner tenancy, corner locations, combination of uses and number of frontages, may allow multiple sides of a multi-tenant or single tenant building to be included in the calculation of total sign area for a building and placement of signs on the building. (Ord. 2007-83. Passed 6-21-07.)

April 2010 Replacement 1223.04 ZONING CODE 206

1223.04 MAXIMUM SIGN AREA PERMITTED. Signs as permitted in the respective zoning districts shall conform to the maximum area limitations set forth in Schedule 1223.04, except as specified below. (a) Area of Freestanding Signs. In no case, shall any single freestanding sign, of any functional type, in any zoning district, exceed the maximum sign areas permitted for specific zoning districts and types of freestanding signs as listed in Schedule 1223.04. Only one permanent freestanding sign is permitted per parcel unless otherwise specified in this Code or as otherwise approved by the Planning Commission. (b) Area of Business and Industrial District Signs. In the Office Building, Executive Office Park, Shopping Center, General Business, Interchange Service, Recreation Business, Automobile Parking, Hotel and Motel, Integrated Shopping Facility, Planned Office Zoning Districts, Exclusive Industrial, Office Laboratory, and Exclusive Office Laboratory, the following standards shall apply: (1) Measurement standards for maximum sign area. The maximum (total) area of all permanent signs permitted for a building or building unit to which the signs are accessory, shall be related to the zoning district, building and building unit width. Maximum permanent sign area (sq. ft.) shall be determined according to the formulas below where "W" is the frontage width of the building. (2) Schedule of maximum total sign area per building or building unit. Bus./Ind. District Width of Building Frontage District Factor Max. Sign Area (sq.ft.) Office Building W X 1.0 = Executive Office Park W X 1.0 = Shopping Center W X 1.5 = General Business W X 1.0 = Interchange Service W X 1.5 = Recreational Business = 80 sq.ft. total Automobile Parking = 8 sq.ft per driveway curb cut Hotel/Motel W X 1.0 = Integrated Shopping Facility W X 1.5 = Planned Office W X 1.0 = Exclusive Industrial W X 1.0 = Office Laboratory W X 1.0 = Exclusive Office Laboratory W X 1.0 = (3) This maximum total permanent sign area permitted for each building or building unit shall be the sum of the areas of the following identification and products and services signs: awning, canopy, directional (logo or lettering portion only), freestanding, mansard, marquee, flags, product dispenser or kiosk projecting, wall, and permanent window signs (including exposed neon permanent window signs where permitted), and instructional signs unless the Planning Director determines such instructional signs are exempt pursuant to subsection (b)(4) hereof.

April 2010 Replacement 207 Sign Regulations 1223.04

(4) Instructional signs which are clearly intended for instructional purposes and, as determined by the Planning Director, are not larger than 2 square feet to serve the intended instructional purpose nor are in locations or possess design characteristics which constitute or serve the purposes of an identification sign shall not be considered an identification sign and the area of which shall be exempt from the maximum area permitted for identification signs. (c) Memorial signs shall be approved as part of the building construction and shall not exceed four square feet in area unless Planning Commission allows a larger sign provided such signs comply with the definition and intent of memorial signs. Schedule 1223.04 MAXIMUM INDIVIDUAL SIGN AREA (in Square Feet) Business Single Multi- in Res. Institutional Business/ Type of Sign Family Family Districts(i) (any district) Industrial Nameplate 1(a) 1(a) 1 1 1 Identification -Wall Signs -- 12(b) 12 24(c) up to 100 (d) -Freestanding Signs- One face 30(e) 30(e) 12 24(c) 30 except as permitted (h) -Canopy, ------up to 100 (d) Mansard, Marquee, Projecting Signs Unified Directory ------12 Wall Signs Directional Signs 4 4 4 4 4 Yard Signs(f) -less then 1 acre 6 6 6 6 6 -1 acre to 5 acres 12 12 12 12 12 -greater than 5 acres 32 32 12 32 32 Temporary 6(k) 6(k) 12(g) 32(g) 32(g) Promotional Signs Temporary 6 6 6 32(j) 32(j) Window Signs Flags (1) = = = 24 24

April 2010 Replacement 1223.04 ZONING CODE 208

Notes to Schedule 1223.04

-- Not permitted. (a) One per dwelling unit. (b) One per multi-family building for the purpose of identifying the building. (c) Only one sign per street frontage; shall be either a wall sign or a monument sign. (d) Maximum allowable individual sign area not to exceed 100 sq. ft. and as further regulated by an approved Master Signage Plan or Sign Criteria and Section 1223.04(b)(2). (e) Per sign face, a maximum of two sign faces per entrance to a subdivision or residential development. (f) Based on the area of the parcel on which the sign is located. Multiple yard signs are permitted with the combined area not to exceed the maximum sign area listed herein. (g) Applies to permitted temporary wall signs or banners as further regulated by Section 1223.09(a)(3). Temporary Promotional yard signs are not permitted except as follows: Establishments serving food and drinks shall be permitted to place one freestanding temporary promotional portable sign per establishment with the approval of Planning Commission as part of a Master Plan for the establishment or with approval of the portable sign structure in addition to the previously approved signage for the tenant/occupant under the following guidelines. 1. The sign area of one face of the temporary promotional portable sign cannot exceed 6 sq. ft. 2. The sign area is not counted as part of the total sign area permitted for the individual tenant/occupant. 3. The portable sign must consist of a professionally designed menu type sign or sign incorporating a framed chalk board or commercially available portable A-frame sign with changeable copy. 4. The background of the sign face must be white, black or another neutral color and the lettering and any logos are limited to black or white. 5. The sign must be placed within 10' of the entrance door of the establishment and may only be used when the establishment is open for business. 6. The sign cannot block any sidewalk– there must be a minimum of 5' of clear sidewalk in front of the building even with placement of the sign. In no case shall be sign be placed within the tree lawn or on a public sidewalk. 7. The sign cannot block visibility to the extent of providing unsafe conditions for pedestrians and vehicle drivers. 8. The sign must be kept in good condition as required under the property maintenance code. (Ord. 2009-109. Passed 2-18-10.) (h) For large multi-tenant office and retail buildings, exceeding 30,000 sf and 3 acre parcel, one ground sign may be 40 sq. ft. in area. In addition, for large business or industrial developments with 800 feet of frontage on one or more nonfreeway streets, Planning Commission and Council approval is required to allow one primary freestanding sign up to forty square feet sign area per side and additional secondary freestanding signs up to thirty square feet area per side. The maximum number of signs not to exceed one per each driveway entrance. (i) Applies only to businesses permitted in a historic home as a conditional use and shall be limited to one wall sign or one freestanding sign. (j) In addition to this limit on the size of any individual window sign, the combined area of all permanent and temporary window signage in any one window at one time shall not exceed thirty percent (30%) of the area of that window. (k) Limited to types of Temporary Promotional Signs as specified in Section 1223.09(e)(3) and Section 1223.09(e)(4). (l) For non-commercial flags, see exemption under Section 1223.11(j). (Ord. 2007-83. Passed 6-21-07.)

April 2010 Replacement 209 Sign Regulations 1223.05

1223.05 HEIGHT REGULATIONS. Signs as permitted in the respective zoning districts shall conform to the maximum height limitations set forth in Schedule 1223.05, except as specified below. (a) Height of Freestanding Signs. Freestanding signs of any functional type (excluding flags), in any zoning district, shall not exceed eight feet in height. Specific types of signs shall have a lower maximum height as specified in Schedule 1223.05. (b) Height of Non-freestanding Signs. Non-freestanding signs, including wall signs, except those in Interchange Service District, shall not be more than twenty feet above the finished grade below the sign unless otherwise approved by the Planning Commission taking into consideration the location, placement, scale and architecture of the building. (c) Other Height Regulations. (1) The maximum height of a single letter or logo within a sign shall be no greater than forty-eight inches. (2) The height of the lowest member of any sign that is not integral with a wall surface shall not be less than eight feet above a sidewalk or other pedestrian way, and not less than fourteen feet if over or within eighteen inches of the vertical projection of a pavement used for vehicular traffic. (3) The height of flags for commercial messages shall not exceed twenty feet detached or attached to a building. The height of non-commercial flags shall be regulated under Section 1223.11(j). The maximum height of freestanding signs, when permitted, shall conform to the standards set forth in Schedule 1223.05. (Ord. 2007-83. Passed 6-21-07.)

Schedule 1223.05 MAXIMUM HEIGHT OF FREESTANDING SIGNS (in feet) Business Single Multi- in Res. Institutional Business/ Type of Sign Family Family Districts (any district) Industrial Identification Signs 4 4 4 6 8 Directional Signs 3 3 3 3 3 Yard Signs(a) -less than 1 acre 4 4 4 4 4 -1 acre to5 acres 5 5 5 5 5 - greater than 5 acres 5 5 5 5 5 Temporary Promotional Signs 4 4 – – -- Notes to Schedule 1223.05: -- Not Permitted. (a) Based on the area of the parcel on which the sign is located. (Ord. 2002-47. Passed 5-2-02.)

April 2010 Replacement 1223.06 ZONING CODE 210

1223.06 MINIMUM SETBACK REGULATIONS. Signs as permitted in the respective zoning districts shall conform to the minimum setback limitations set forth in Schedule 1223.06, except as specified below. (a) Wall and other nonfreestanding signs may project to any building corner if side yards exist, if not, they must be a minimum of five feet from the building corner. (b) Any face of an awning sign or projecting sign shall be not less than five feet from a side lot line or party wall of another store unit. Awning signs may not extend more than eight feet from the building wall without Planning Commission approval. (c) For corner lots in all zoning districts, signs shall maintain a minimum setback not less than the greater of either ten feet from the current or ten feet from the planned right-of-way within twenty-five feet of the intersection of two streets’ right-of-way lines. (d) In an Executive Office Park District a freestanding identification sign shall be located not less than twenty-five feet from the public right-of-way and shall be located not less than 100 feet from a Residential District lot line and shall be not less than fifty feet from a lot in any other Business or Industrial district. (e) For all Business and Industrial Districts except Executive Office Park: (1) A freestanding identification sign shall not be located within ten feet of the planned public right-of-way and shall not be less than ten feet from another Business or Industrial lot line and not less than twenty-five feet from an adjacent Residential District line. (2) Any freestanding identification or permitted yard signs within twenty-five feet of a driveway entrance/exit with a public street shall be set back not less than ten feet from the drive and ten feet from the public street. Schedule 1223.06 MINIMUM SETBACK (front and side) OF FREESTANDING SIGNS (in feet) Business Single Multi- in Res. Institutional Business/ Type of Sign Family Family Districts (any district) Industrial Identification Signs 10 10 10 10 10(a) Directional Signs 5 5 10 5 5 Yard Signs(b) -less then 1 acre 5 5 10 10 10 -1 acre to 5 acres 10 10 10 10 10 -greater then 5 acres 15 15 15 10 10 Temporary Promotional Signs 5 5 ------Notes to Schedule 1223.06: -- Not Permitted. (a) Front yard setback from the planned public right-of-way, see Section 1223.06(a) through (e) for additional setback requirements. (b) Based on the area of the parcel on which the sign is located. (Ord. 2002-47. Passed 5-2-02.)

April 2010 Replacement 210A Sign Regulations 1223.08

1223.07 ILLUMINATION OF SIGNS. (a) Temporary signs may not be illuminated. (b) Light sources to illuminate permanent signs located inside or outside of buildings shall not be of excessive brightness or cause glare hazardous to pedestrians or drivers of automobiles, or be objectionable to adjacent Residential Districts. "Excessive brightness" shall be defined as any sign that emits more than 10.00 Footcandles (equivalent to 10.00 Lumen per square foot) of light when measured at night, three feet perpendicular from the center of any sign face. "Excessive brightness" can be avoided through the use of nonwhite background internally and externally illuminated signs, cut out letters on internally illuminated signs with opaque backgrounds, and dark backgrounds on internally illuminated translucent signs. "Hazardous glare" can be avoided with the proper placing, shielding, screening and wattage for externally illuminated signage. (c) The colors red, yellow, or green shall not be used where they may interfere with the sight lines of a traffic signal. (d) Bright lighting of a roof or building for advertising purposes and "outline lighting" of buildings or roofs shall be prohibited. Illumination of nonresidential buildings and roofs shall be at the discretion of the Planning Commission after reviewing the location, zoning district, and proximity to public streets and adjacent residential areas. (e) Signs in Residential Districts shall not be illuminated except for monument or wall mounted institutional identification signs and, at the discretion of the Planning Commission, residential identification monumental signs. Identification signs in residential districts shall be illuminated by external means only. Internally illuminated signs shall not be permitted in residential districts. All permitted permanent signs in business and industrial districts may be illuminated as limited in subsection (b) hereof. (f) Holiday lighting during the holiday season shall not be restricted by the foregoing regulations. (g) Illumination of monument signs shall be limited to external lights for indirect lighting or in the case of internal lighting with not less than seventy-five percent (75%) of the sign face opaque or nontransparent. External lights shall be screened, shielded and so located that no glare of the light shines onto any public road or residential district. (h) Use of exposed neon tubing and signage in marquee, wall, and window signs shall be approved or disapproved at the discretion of the Planning Commission after reviewing the location, brightness, zoning district, and proximity to public streets and residential areas. Exposed neon shall comply with all the performance standards listed above. (Ord. 2002-47. Passed 5-2-02.)

1223.08 SUPPLEMENTAL REGULATIONS. The following sign regulations are in addition to the maximum sign area, maximum height, and minimum setback regulations set forth in Sections 1223.04, 1223.05, and 1223.06. (a) Residential Identification Monument Signs. A residential identification monument sign, indicating the name of the subdivision or residential development, if part of the overall architectural treatment of the entrance of the development, shall be permitted for each entrance to a development pursuant to the area limitations of Schedule 1223.04 and the height limitations of Schedule 1223.05 in compliance with the following:

April 2010 Replacement 1223.08 ZONING CODE 210B

(1) Such identification (monument) signs shall be placed on corner parcels at openings to a development at the intersection of a development with an arterial street (on private property with an easement), on blocks owned by the Homeowner's Association or City, or on a cluster or multi-family development parcel, no closer than ten feet to the right-of-way and five feet from a side lot line, except as permitted in subsection (a)(2) hereof. (2) Such identification (monument) signs may be placed in the right-of-way provided such signs shall be located on a divided entranceway island, placed no closer than fifteen feet to the intersecting street's planned right- of-way line and set back five feet from the curb of the divided island if an easement is granted by City Council for such signs. (3) A maximum of two sign faces shall be permitted per entrance to an arterial street: either as a double-sided monument sign or as two single-sided monument signs either freestanding or mounted on a brick or masonry wall or wood fence. The sign face height can be no more than four feet above normal grade and cannot extend beyond the limits of the wall or fence. (4) Support structures for the mounting of residential identification signs shall be no more than five feet above normal grade and 120 square feet in area for the portions of the structure that face the arterial street. (5) The Planning Commission may permit additional decorative features above these standards including railings, pillars, , gateways, lamp posts, etc. if they are part of the overall architectural treatment of the entrance and so do not detract from the surrounding residential areas. (b) Additional Requirements for Freestanding Identification Signs. Freestanding identification signs for institutions and commercial and industrial establishments shall comply with the following regulations: (1) Such signs shall be monument signs unless otherwise permitted. (2) Such signs shall be permitted only when the principal building conforms to the minimum building setback and lot width requirements specified in the district regulations. (3) For an institution on a corner lot, one freestanding identification sign, placed parallel to the street shall be permitted per street frontage. Up to a maximum of thirty-three percent (33%) of the area of a freestanding identification sign may be devoted to single-color changeable copy. (4) In a commercial and industrial district, up to a maximum of thirty-three percent (33%) of the area of a freestanding identification sign may be devoted to single-color changeable copy. The sign face devoted to changeable copy shall be covered by a protective material and securely locked at all times. (5) Freestanding signs shall be landscaped as an integral part of the required front yard landscaping. (c) Additional Requirements for Permanent Business Identification Signs. Such signs may be only located on the surface of or project from the building wall adjacent to a street, a parking area, or a pedestrian way or be erected as a freestanding sign in the yards on which the business or industrial use is located as follows, except otherwise specified. (1) A sign may not extend above the wall upon which it is attached. (2) Projecting signs shall be limited to not more than one sign for each establishment or store unit. (3) In Executive Office Park Districts signs visible from the exterior shall not be permitted for any permitted accessory uses.

April 2010 Replacement 210C Sign Regulations 1223.08

(4) Each rear entrance to a tenant space in a multiple-tenant commercial or industrial building may be identified with the name and address of the occupant using reflective letters no greater than four inches in height. Such signs are considered Instructional Signs. (5) For multi-story retail or office buildings, in all but Executive Office Park Districts, each tenant not located on the ground floor shall be permitted one permanent identification sign to be placed in a window of the tenant's space. Such sign shall not exceed four square feet and shall be included as part of the identification sign area for the building. (6) For multi-building office developments the Planning Commission has the discretion to allow permanent freestanding signs up to twelve square feet in area, for the identification of individual office buildings on the same lot in an office development. Such signs must be located within twenty feet of the building named. (7) The size, area and design of signs for theaters shall be determined for each establishment at the discretion of the Planning Commission. (d) Directional Signs. A maximum of two directional signs shall be permitted per access drive for single-family, multi-family, institutional, commercial and industrial uses pursuant to the area limitations of Schedule 1223.04, the height limitations of Schedule 1223.05 and the minimum setbacks specified in Section 1223.06. A directional sign is permitted to include the name or logo of an establishment not exceeding twenty percent (20%) of the sign area. (e) Special Conditions for Automotive Fuel Stations on Corner Lots. Due to the importance of maintaining sight visibility at corners, as required by minimum setbacks set forth in Section 1223.06(c), in lieu of a monument sign, up to thirty square feet of lettering or logos on up to two sides of an approved freestanding canopy may be permitted by the Planning Commission. In such case no other free- standing signs other than directional signs or product dispenser/ pump island signs shall be permitted. (f) Permanent Advertising Signs in Commercial Districts. (1) Pump island signs. Retail outlets having fuel pump islands shall have, for pricing and service information only, not more than one double-faced sign or two single faced signs per pump island. Such sign shall not be greater than twenty-two inches by twenty-eight inches, shall be confined and permanently attached to the pump islands, and may be illuminated. No permit or fee shall be required, and sign area not counted in maximum sign area for the site (see Chapter 715 of the Business Regulation Code.) (2) Product dispenser or kiosk signs. Product dispensers and kiosks will be considered signs, consisting of all or part of the product dispenser or kiosk designed to attract attention from off the zoning lot on which the dispenser is installed. The maximum sign area permitted is six square feet per dispenser or box and twenty-four square feet total sign area (not including Chapter 715 required price signs) visible from the street per zoning lot street frontage. Examples are commercial messages on gas station pumps or pump islands, package shipping drop-off boxes or kiosks, beverage dispensing machines, and automated teller machine kiosks. Sign area includes any colors that distinguish the dispenser from its surrounding environment as defined in Section 1223.03(a)(1) and (a)(6). These signs are only permitted in Business Districts as approved by the Planning Commission.

April 2010 Replacement 1223.09 ZONING CODE 210D

(g) Community Identification Signs. Community Identification signs for the purpose of providing information and directions to public, quasi-public, religious, educational, and major recreational facilities in the City may be permitted when reviewed and approved by the Planning Commission and Council and subject to the following conditions: (1) The area and height of the sign shall be a function of the number of facilities being addressed and the location of the sign and shall not exceed the limitations of this Code for freestanding identification signs. (2) Application for a Community Identification sign shall include an agreement signed by the owner of the proposed site authorizing the erection and continuing maintenance of the sign and landscaping. The sign proposal shall indicate proposed landscaping of the site in the area of the sign. (Ord. 2002-47. Passed 5-2-02.) 1223.09 TEMPORARY SIGNS. A temporary sign is a sign which is intended to be displayed for a limited time only. Such signs include construction, political, real estate, and temporary promotional signs. All temporary signs shall be displayed no more than thirty days after placement, after which time they must be removed or replaced. Illumination of temporary signs is not permitted. Temporary signs are regulated under the area limitations of Section 1223.04, the height limitations of Section 1223.05, and minimum setback regulations in Section 1223.06 and in compliance with the following: (a) Temporary Signs by Use District. (1) For all single family residential use property, temporary signs are permitted as yard or window signs only. Individual yard and individual temporary window signs are not to exceed the area specified in Schedule 1223.04 (six square feet for a lot less than one acre in size). In no case shall the total area of all types of temporary signs visible at one time on a lot exceed the maximum sign area specified for yard signs on Schedule 1223.04, based on the size of the lot. In addition there must be a minimum fifty feet of separation between temporary signs on a residential lot. (2) Multi-family use property temporary signs are limited to, yard, window, and specially designed suspended signs (see definition of Suspended signs). Individual yard, window, and suspended sign areas are not to exceed the area specified in Schedule 1223.04 (six square feet. for a lot less than one acre). In no case shall the total area of all temporary signs visible at one time on a lot exceed the maximum sign area specified for yard signs on Schedule 1223.04, based on the size of the lot. In addition there must be a minimum fifty feet of separation between temporary signs on a residential lot. (3) Institutional uses and Business/Industrial uses temporary signs are permitted as limited under Section 1223.04, 1223.05 and 1223.06. Temporary Promotional Signs for nonresidential uses are further regulated below:

April 2010 Replacement 210E Sign Regulations 1223.09

A. A total of two Temporary Promotional Signs are permitted per single occupancy building or individual unit per year, including all such temporary signs outside the building. The maximum size permitted per sign is either twenty square feet if the single occupancy building or individual unit frontage is less than or equal to fifty feet, or thirty-two square feet if the single occupancy building or individual unit frontage is greater than fifty feet. B. Such signs shall be mounted on the building and shall not be permitted in yards, on roofs, or suspended away from the face of the building. A temporary banner shall be placed only on the building's front wall. C. The combined area of all permanent and temporary window signage in any one window at one time shall not exceed thirty percent (30%) of the area of that window, if it is in excess, upon notification, any signage in excess must be removed. (b) Construction Signs. (1) Construction signs must be located only on the lot being developed. One construction sign may be placed on each lot frontage or on each face of the building which borders a public street. (2) A permit to allow a construction sign on a site shall be valid for a period of one year. A construction sign shall be erected on the lot only during the period of time that the building project is under construction and while a valid building permit is in force. Such sign shall be removed within thirty days of the commencement of the intended use or in the case of a multi- tenant building, occupancy of more than seventy-five percent (75%) of the tenant space. (3) In the event construction extends beyond the one year time period, a request for an extension of a construction sign permit shall be submitted to the Director of Inspections for review and approval. (c) Political Signs. (1) A political sign is permitted on private property with the owner's permission in all districts. (2) Political signs shall not be placed on utility poles or on public property or street rights of way, and provided that if they are located on private property they do not obstruct vehicular sight distance. (3) The maximum size of any political sign is determined by the lot size it is located on as specified on Schedule 1223.04 for yard signs. In no case shall the total area of all temporary signs visible at one time on a lot exceed the maximum sign area specified for yard signs on Schedule 1223.04, based on the size of the lot. (4) In addition to specifically authorized temporary political signs, political messages may be displayed in place of commercial messages on any permitted permanent sign. (5) All political signs shall be displayed no more than 30 days after placement, after which time they must either be removed or replaced.

April 2010 Replacement 1223.09 ZONING CODE 210F

(d) Real Estate Signs. (1) One such sign shall be permitted per street frontage located no less than required setback in Schedule 1223.06. (2) Real estate sales signs shall be located only on the site being advertised for sale, lease or rent. (3) Such signs shall be removed by the property owner or realtor identified on the sign within thirty days after said property is transferred, rented, leased or removed from the real estate listing. (4) No portable signs or banners are permitted for use as real estate signs. An alternative for multi-family developments are Suspended Signs as defined in Section 1223.02(a)(18) with a maximum sign area of six square feet per side. (e) Temporary Promotional Signs. Temporary promotional signs intended to promote or advertise special events or sales may be permitted when complying with the following: (1) Shall be posted on private property with the permission of the property owner. (2) Shall not be placed upon or in a street right-of-way or attached to or upon any street identification or utility pole, except as approved under Section 503.02 of the General Offenses Code for community programs and activities. Any sign proposed to be located on or over a public right-of-way or other publicly owned land shall be approved by the Mayor. (3) In Residential Districts signs promoting an open house, an auction or a garage sale (which shall include yard sale, porch sale, house sale or similar terms) are permitted and shall be permitted without a permit pursuant to the area limitations for a temporary promotional sign set forth in Schedule 1223.04, the height limitations of Schedule 1223.05, and minimum setback requirements of Section 1223.06. (4) Signs promoting community programs and/or activities within the City and sponsored by public or semi-public organizations shall be permitted pursuant to the area limitations of a temporary promotional sign set forth in Schedule 1223.04 and the height limitations of Schedule 1223.05 and minimum setback requirements of Section 1223.06. (5) Signs for periodic sales or promotions by permitted commercial or business uses, in the appropriate zoning district, and for non-profit or quasi-public organizations shall be permitted pursuant to the area limitations of a temporary promotional sign set forth in Schedule 1223.04, the height limitations of Schedule 1223.05 and minimum setback requirements of Section 1223.06 and subsection (a)(3) hereof. (6) Temporary grand opening signs or banners announcing the opening of a business on the premises located in a non-residential zoning district. Such signs may be displayed for not more than thirty days from the date on which the activity commences, and shall not exceed the requirements applicable for an identification wall sign at the location. Grand opening signs may be installed on the premises only to identify a newly established business which has changed ownership or has newly located on the premises. (Ord. 2002-47. Passed 5-2-02.)

April 2010 Replacement 210G Sign Regulations 1223.10

1223.10 DESIGN AND CONSTRUCTION STANDARDS. In addition to ensuring compliance with the numerical standards of these regulations, the Planning Director and the Planning Commission shall consider the proposed general design, arrangement, and placement of the sign, as well as the appropriateness of the proposed sign in relationship to other signs and other structures both on the premises and in the surrounding areas, and shall only approve signs which are consistent with the intent, purposes, standards and criteria of these sign regulations. Specific standards for determining the appropriateness of the sign shall include, but not be limited, to the following conditions. (a) The lettering should be large enough to be easily read but not out of scale with the building, site or streetscape, permitted letter sizes range from four inches to forty- eight inches where appropriate. (b) The number of items (letters, symbols, shapes) should be consistent with the amount of information which can be comprehended by the viewer, avoid visual clutter and improve legibility. (c) All wall or fascia signs of buildings on the same lot shall have consistency in size, design, and color, with the style of sign generally consistent throughout the building or group of buildings. Consistency of design includes uniformity of colors or harmonious use of a limited range of compatible colors. (d) The sign should complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall reflect the primary purpose of identifying the name and type of establishment. (e) A sign should be constructed with a minimum of different types of elements and materials so as to provide a consistent overall appearance. (f) Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility. (g) No part of a sign shall project above the parapet line. (h) Signs in commercial and industrial districts may be internally or externally illuminated except as otherwise set forth in Section 1223.07 provided that light sources to illuminate such signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists, or as to cause reasonable objection from adjacent residential districts. (i) Identification signs in residential districts shall be illuminated by external means only. Internally illuminated signs shall not be permitted in residential districts. (j) The source of light shall not be visible from the street and external light sources shall not shine on adjoining properties. No flashing, revolving or intermittent illumination shall be employed. (k) No flashing or moving parts shall be permitted for any sign or advertising display within the City. (l) All signs shall be designed, constructed, and erected in a professional and workmanlike manner, in conformance with all applicable building codes, and with materials which are durable for the intended life of the sign. (m) Signs shall have no secondary or other signage added to the sign face or sign structure, except as recommended by Planning Commission. (n) For any sign which projects over a public right-of-way, the sign owner shall obtain and maintain in force liability insurance for such sign in such form and in such amount as the Law Director may reasonably determine. Proof of such insurance shall be required prior to obtaining a permit.

April 2010 Replacement 1223.11 ZONING CODE 210H

(o) Freestanding signs shall be designed and located so as not to obstruct a driver's visibility entering or exiting a lot or to be a safety hazard to pedestrians or vehicles, and shall comply with the requirements set forth in subsection 1223.06(c) for maintaining clear sight at an intersection. (p) All sign structures larger than twenty-four square feet or any electrified sign must carry the name and address of the owner, advertising agency, the erector, or agent who is responsible for the maintenance or removal of the sign. All freestanding permanent business and industrial signs must include the street address number at the sign location as part of the business identification. The Planning Commission and Planning Director may prepare from time to time or authorize the preparation of illustrations which interpret these design and construction standards. Such illustrations may include drawings, photographs of signs in Westlake and elsewhere, and drawings or photographs of signs which have been approved pursuant to these regulations. Any such interpretive illustrations may be approved by a majority vote of the Planning Commission and, when approved, shall be considered administrative guidelines which assist in the interpretation of these design and construction standards. Any sign proposed which is consistent with these illustrations shall be in prima facie compliance and be subject to further review by the Planning Director or the Planning Commission to ensure full compliance with these regulations. (Ord. 2002-47. Passed 5-2-02.) 1223.11 SIGNS EXEMPT FROM REGULATION. The following signs shall be exempt from regulation under this Zoning Code, except as specified in this section: (a) Any public notice, warning, or traffic sign required by a valid and applicable federal, state, or local law, regulation, or ordinance; (b) Traffic signs on private property which conform to the Ohio Manual of Uniform Traffic Control of the Ohio Department of Transportation; (c) Required public purpose/safety signs as needed to achieve the intended public purpose and which contain no commercial message of any sort; (d) Address numbers not to exceed 2 square feet in area; (e) Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the building in which such sign is located; (f) Matter appearing on or adjacent to entry doors including "Push", "Pull", "Open", or "Closed" signs, not exceeding 1 square foot in area per establishment; (g) Matter appearing on windows or doors to retail or service establishments denoting hours of operation, credit cards accepted, and similar information, not exceeding a cumulative total of one square foot in area per establishment; (h) Works of art that do not include a commercial message; (i) Religious and other seasonal lights and decorations containing no commercial message when displayed during the appropriate time of the year; (Ord. 2002-47. Passed 5-2-02.) (j) Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with United States Code Title 4 Chapter 1 - The Flag. The height of such flags and poles shall not exceed thirty-five feet in residential districts and in nonresidential districts not greater than the maximum building height permitted in the respective district if detached or attached to a building;

April 2010 Replacement 210-I Sign Regulations 1223.12

(k) The maximum dimension of any flag shall be proportioned to the flagpole height, subject to the following schedule: Maximum flag area Height (in square feet) Up to 15' 15 Greater than 15' to 20' 24 Greater than 20' to 25' 40 Greater than 25' to 35' 60 Greater than 35' to 45' 96 Greater than 45' to 60' 150 Greater than 60' 216 (Ord. 2007-83. Passed 6-21-07.) (l) Vehicles regularly and customarily used to transport persons or property for a business, parked so that they are not visible from the public right-of-way; (m) Memorial signs less than 4 square feet in area and all monuments within a cemetery. (Ord. 2002-47. Passed 5-2-02.) 1223.12 SIGNS PROHIBITED UNDER THIS CODE. All signs not expressly permitted under this Code or exempt from regulation hereunder in accordance with the previous section are prohibited in the City. Such signs include, but are not limited to: (a) Animated signs, including mechanical, LED or video, as well as exposed light bulbs and strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; and other similar features; (b) Balloons used as advertising devices; (c) Banners, except as temporary signs with a permit; (d) Exposed Neon and LED Signs except as specifically approved as described in Section 1223.07(h); "outline lighting" of buildings, roofs, or windows is prohibited; (e) Mansard signs, unless the sign is attached to a vertical sign fascia wholly below the eave of the mansard and parallel to the surface of the exterior wall that supports the mansard; (f) Pennant/Streamers; (g) All Freestanding Signs (Monument Signs or Pole Signs) over eight feet in height; (Ord. 2007-83. Passed 6-21-07.) (h) Portable Signs except as permitted under Section 1223.04(g); (Ord. 2009-109. Passed 2-18-10.) (i) All Roof Signs; (j) Searchlights and spotlights used as advertising devices; (k) Signs that obstruct required windows or doors or fire escapes or interfere with other safety provisions as may be further regulated in the Building Code; (l) Signs obstructing street sight lines of traffic control lights or signs at street intersections, or signs obstructing street sight lines or signals at railroad crossings or signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or directional signals; (m) Three dimensional or inflatable objects on a roof or pole; (n) Paper posters applied directly to a wall, building, pole, or other support. (Ord. 2007-83. Passed 6-21-07.)

April 2010 Replacement 1223.13 ZONING CODE 210J 1223.13 ADMINISTRATIVE PROCEDURES. Signs shall be erected, modified, or replaced only upon the submission of proper plans and specifications and upon review and approval according to the following: (a) Initial Contact with the City. Inquiries regarding signage permits or applications are first directed to the Building Department. (b) Levels of Review. The Director of Inspections makes the determination as to the appropriate level of review necessary for a proposed sign based on the type of sign and code requirements of subsection (c) and (d) hereof. (1) Applicants for signs requiring subsection (d)(2) review apply directly to the Building Department with three copies of plans as specified in subsection (c) and permit fees as specified in Section 1315.07. (2) Applicants for signs requiring subsection (d)(3) review submit three copies to Building Department as specified in subsection (c) hereof and the Building Department forwards two copies to the Planning Department for review. One copy to be returned to the Building Department for denial or issuance of a permit and payment of appropriate fees as specified in Section 1315.07. If the Planning Director forwards application to the Planning Commission then an additional twelve copies and an application fee as specified in Section 1115.04 of the Planning and Platting Code are required. (3) Applicants for signs requiring subsection (d)(4) review submit twelve copies of an application as specified in subsection (c) hereof and an application fee as specified in Section 1115.04 of the Planning and Platting Code to the Planning Department in order to be put on a pending list for review by the Planning Commission. Upon approval by the Planning Commission two copies are forwarded to the Building Department by the Planning Department at which time the Building Department notifies the applicant, collects the appropriate fees as specified in Section 1315.07 and issues a permit. (4) Applicants for signs requiring subsection (d)(5) review submit twelve copies of an application as specified in subsection (c) hereof and an application fee as specified in Section 1115.04 of the Planning and Platting Code to the Planning Department in order to be put on a pending list for review by the Planning Commission. Upon approval by the Planning Commission and Council two copies are forwarded to the Building Department by the Planning Department at which time the Building Department notifies the applicant, collects the appropriate fees as specified in Section 1315.07 and issues a permit. (5) Applicants for signs requiring subsection (d)(6) review apply to the Mayor's office as specified in Section 503.02 of the General Offenses Code. (c) Application Requirements. The owner of the premises on which the sign is to be installed shall be considered the applicant for all sign applications and shall be so noted on the application. If a sign application requires Planning Commission approval, the owner of the premises or their duly appointed legal representative shall attend the required Planning Commission meeting(s). Submission of a permit application for a proposed sign shall include the following: (1) The name, address, and signature of: A. The owner of the lot on which the sign is to be located; B. The owner of the sign; and C. The sign provider; (2) A site plan drawn to scale showing: A. The dimensions of the lot or property, the size of the lot in acres, the location of all dwellings and/or buildings on the lot, the location and size of driveways and access drives, and the identification of and distances to adjacent dwellings, buildings and/or land uses;

April 2010 Replacement 210K Sign Regulations 1223.13

B. The location of the proposed sign(s) on the site, with dimensions from the sign to the right-of-way, adjacent driveways and lot lines; (3) Elevations and plans drawn to scale showing the type and size of and structure for the proposed sign(s), the proposed location, type, wattage and estimated footcandles of lighting, and the associated landscaping and plantings; (4) A drawing indicating the exact sign colors; (5) Any other pertinent data necessary for the determination of compliance with the purposes and objectives of the City's zoning regulations and Guide Plan; (6) Payment of any required application and sign fees, bonds, licenses, or other performance and/or maintenance guarantees. (d) Except as otherwise stated herein, a building permit shall be required for all new signs or structurally altered signs. (1) No application, review, or permit shall be required for the following three types of signs when such signs are in full compliance with these sign regulations: A. Nameplate signs; B. Temporary signs with an area six square feet or less; C. Temporary window signs. (2) A building permit shall be required, and the Director of Inspections shall have the responsibility to review and approve (or disapprove) in accordance with this chapter: A. Temporary signs to be located outside of a building with an area over six square feet; B. Temporary Promotional signs for community programs and activities over six square feet that do not involve signs in the public right-of-way. (3) A building permit shall be required, and the Planning Director shall have the responsibility to review and approve (or disapprove) in accordance with this chapter: A. Business Identification signs for which the Planning Commission has approved a Master Signage Plan or Sign Criteria and which conform to the approved plans, including Awning signs, Canopy signs, Mansard signs, Marquee signs, Projecting signs, and Wall signs. B. Directional signs; C. Instructional signs with not more than two square feet of area; D. Permanent Window signs (except Exposed Neon); E. Product Dispenser or Kiosk signs; F. Product or Services sign; G. Replacement of a previously approved sign for an existing business provided only a change in the sign face is proposed; H. Suspended signs; I. Unified Directory signs.

April 2010 Replacement 1223.13 ZONING CODE 210L

However, the Planning Director may refer the decision on any of the above signs to the Planning Commission for consideration if the Planning Director determines that the sign, as proposed, is more appropriately the responsibility of the Planning Commission. The Planning Director and Director of Inspections have no authority to grant modifications from the Code, any signs requiring modifications from the Code must be referred to the Planning Commission for approval or disapproval. Upon approval by the Planning Commission, applications for sign permits are made to the Building Department. (4) A building permit is required and the Planning Commission shall have the responsibility to review and approve (or disapprove) in accordance with this chapter: A. Business identification signs without a previously approved Master Signage Plan or approved sign criteria for multi-tenant buildings, including Awning signs, Canopy signs, Mansard signs, Marquee signs, Projecting signs and Wall signs; B. Changeable Copy signs; C. Institutional Identification signs; D. Instructional signs greater than two square feet in area; E. Master Signage Plans; F. Memorial signs greater than four square feet in area; G. Permanent Freestanding signs (except Directional signs), including all Monument signs; H. Permanent Window signs of Exposed Neon; I. Replacement of a previously approved sign for an existing business when more than the sign face is being changed or the replacement sign face does not meet plan as approved under Section 1223.07; J. Residential Identification signs. (5) Community Identification signs and Freestanding Business Identification signs for large business or industrial developments require Council approval (see Schedule 1223.04, footnote (h)) and shall be subject to the review and approval of Planning Commission as well as Council. (6) The approval of the Mayor or his designee is required for all Community Special Event signs. (e) Master Signage Plans. All signs subject to Planning Commission review and approval shall be reviewed as part of a Development Plan as specified in Section 1220.03(h) of the Zoning Code or a Master Signage Plan. A Master Signage Plan shall include basic sign parameters as to the location, size, style, illumination, height and color of proposed signs as well as all existing signs on the property except Instructional or Exempt signs. It shall include all information necessary to determine the maximum amount of Signage permitted by Code and the amount of Signage proposed for current and future tenants of a multi-tenant facility. It may contain such other restrictions as the owner of the zone lots may reasonably determine. With an approved Master Signage Plan all proposed signs must conform with the approved sign criteria which is a binding agreement which supplements and may exceed the City Code in its requirements. If so, the more stringent requirements take precedence over the city code. Subsequent proposed changes to the Master Signage Plan must be applied for by the property owner and be approved by the Planning Commission.

April 2010 Replacement 210M Sign Regulations 1223.13

(f) Sign Criteria For Multi-Tenant Buildings. For multi-tenant buildings in commercial or industrial districts, and individual buildings located in business and industrial parks, the applicant shall submit with the application for Development Plan review basic sign parameters as to the location, size, style, illumination, height and color of proposed signs. The Planning Commission shall approve with the Development Plans for new buildings, or at the time a specific sign request is made for a tenant identification sign in an existing building, the basic sign criteria for each tenant sign as part of a Master Signage Plan. The Planning Director may approve the subsequent individual tenant signs upon specific application when such proposed signs comply with the sign criteria approved by the Planning Commission. Such approved sign criteria shall be made part of all leases or sales of stores or other tenant space. Approved sign criteria may supplement and may exceed the City Code in its requirements. If so, the more stringent requirements take precedence over the City Code. Subsequent proposed changes to the sign criteria must be applied for by the property owner and approved by the Planning Commission. (g) Changes to Existing Signs. Any proposed change to an existing sign face (beyond relettering or repainting in the identical colors), sign structure or illumination, shall be approved according to the review procedure set forth in this Code prior to said change being made. Changes to sign structure require approval as specified in subsections (d), (e) and (f) hereof. Replacement sign face panels or changes in illumination must conform to the provisions of this Code including Section 1223.07 which contains performance standards for the illumination of signs, as well as conformance to any approved Master Signage Plan or approved sign criteria for the property, and/or any conditions of the Planning Commission sign approval. If a sign face change or replacement meets all of the conditions above and is for a use permitted on the parcel based on zoning regulations, then the Planning Director may approve the change or refer it to the Planning Commission. (h) Modifications. Regardless of any provisions of these sign regulations, Council grants to the Planning Commission the authority to modify the requirements of this chapter in relation to sign plans submitted to Planning Commission for approval. Said modifications shall be based on Planning Commission's consideration of the sign proposed, the general characteristics of the proposed site and surrounding area, and any unique or unusual circumstances which, in the exercise of their sound judgment, justify a modification of any requirement, or specification while maintaining the overall purpose and integrity of the sign regulations. Proposed sign plans shall be subject to the standards for granting modifications as set forth in Sections 1220.05 and 1220.06 of the Zoning Code, whether such plans are in conjunction with or independent of development plans and Chapter 1220 of the Zoning Code. (1) Modifications shall be nonassignable and shall expire one year from the date of enactment, unless prior thereto, the applicant commences the actual construction or placement of the sign in accordance with the granted modification. (2) Granting of a modification shall be in response to a unique set of conditions, circumstances, or characteristics and shall not be construed as having general application to other sign proposals or be the basis for other modification requests.

April 2010 Replacement 1223.14 ZONING CODE 210N

(i) Council hereby specifically waives the requirement that the approval of sign plans or revised sign plans by the Planning Commission, Planning Director, or Director of Inspections as specified in subsections (d), (e) and (f) hereof shall require the approval of Council before the same shall be effective, and further grants the Planning Commission, Planning Director, and Director of Inspections the power of final determination of the granting and/or denial of said sign plans as specified in subsections (d), (e) and (f) hereof. (j) Fees. Concurrent with the filing of an application for any sign, unless specified otherwise in these sign regulations, an application fee shall be paid to the City in the amount established by ordinance. No refund of any part of an application fee shall be made to an applicant in cases of withdrawal of the application or denial of the requested sign(s). (Ord. 2002-47. Passed 5-2-02.) 1223.14 MAINTENANCE. All signs shall be maintained in accordance with the following standards: (a) The property owner, owner of the sign, tenant, and agent are required to maintain the sign in a condition fit for the intended use and in good repair, and such person or persons have a continuing obligation to comply with all Building Code requirements. (b) A sign in good repair shall be free of peeling or faded paint, shall not show uneven soiling or rust streaks; shall not have chipped, cracked, broken or bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards of the City. (c) The Property Maintenance Officer may order any sign to be painted or refurbished at least once a year, if needed, to keep the sign in a safe and nonblighted condition. (d) If the sign is deemed by the Property Maintenance Officer to be not in good repair or in an unsafe condition, such sign shall be considered an unsafe structure and all City regulations applicable for the repair or removal of such sign shall apply. (e) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, relettering, or repainting, the same may be done without a permit, or any payment of fees, provided there is no alteration or enlargement to the structure, mounting, color, or illumination of the sign itself, and the sign is accessory to a legally permitted or nonconforming use. (Ord. 2002-47. Passed 5-2-02.) 1223.15 ALTERATION AND REMOVAL OF UNSAFE, OBSOLETE AND NONCONFORMING SIGNS. (a) Every sign or other advertising structure, including supporting materials, in existence upon adoption of these regulations, that violates or does not conform to the provisions herein, shall be allowed to continue to exist but shall not be altered, or replaced except in conformance with the provisions of these regulations, and only upon the review and approval of the appropriate person or body as indicated in this Code, except that signs that are damaged to fifty percent (50%) or less of the current fair market value may be restored to their former condition.

April 2010 Replacement 210-O Sign Regulations 1223.17

(b) Any conforming or nonconforming sign and supporting materials existing which no longer advertises a bona fide business, or which no longer serves the purpose for which it was intended, or which is not maintained in accordance with these sign regulations shall, within thirty days of business termination or the time such sign becomes obsolete or not properly maintained, be removed by the certificate holder, property owner, sign owner, sign provider, or person having the beneficial use of the building or structure upon which such sign may be found. Signs which are not so removed are hereby declared to be a nuisance subject to abatement by the City. (c) Written notification from the Property Maintenance Officer concerning the removal of a sign shall be complied with within thirty days. Failure to comply with the abatement order shall result in the Property Maintenance Officer having authorization to cause removal of such sign and supporting material. Any expense incidental to this removal shall be paid by the owner of the property upon which said sign is located. Failure to pay the cost for such removal shall result in a lien upon the premises, which lien shall be filed with the County Recorder's office, to remain a lien of record, until paid. The lien shall accrue interest at the maximum rate permitted by Ohio law prior to payment. (d) If the Property Maintenance Officer finds that any sign or other advertising structure is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Code, notice shall be given in writing by the Property Maintenance Officer to the permit holder thereof, sign owner, property owner or sign provider. If the permit holder, sign owner, property owner or sign provider fails to remove or alter the structure so as to comply with the standards herein set forth within thirty days after such notice, such sign or other advertising structure may be removed or altered to comply with these regulations at the expense of the permit holder or the owner of the property upon which it is located, sign owner or sign provider. The Director of Inspections shall refuse to issue a permit to any permit holder, sign owner, property owner or sign provider who refuses to pay costs so assessed. The Property Maintenance Officer may cause any sign or advertising structure which is in immediate peril to persons or property or which has been erected for a use which is not permitted by Code on the premises, to be removed summarily and without notice. (Ord. 2002-47. Passed 5-2-02.) 1223.16 SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 2002-47. Passed 5-2-02.) 1223.17 NONCOMMERCIAL MESSAGES OR GRAPHICS. Noncommercial signs are allowed in all districts and may be substituted for any sign expressly allowed or regulated under these Codified Ordinances. Noncommercial signs are subject to the same permit requirements, restrictions on size and type, and other conditions and specifications as apply to the sign for which they are being substituted. (Ord. 2007-84. Passed 6-21-07.)

April 2010 Replacement 1223.18 ZONING CODE 210P

1223.18 VIOLATIONS AND PENALTIES. (a) It shall be the duty of the sign owner, sign erector, the owner of the business being identified or advertised and/or the owner of the property upon which the sign is to be placed to see that any sign erected, altered, modified or maintained is in compliance with all applicable provisions of these sign regulations and any other conditions specified in the approval of a sign. Failure to come into compliance after notice as specified in this section shall be a violation. (b) The Property Maintenance Officer shall declare any violation a nuisance and order in writing the correction of all conditions which are found to be in violation of these regulations. (1) Where the sign regulations provide that a permit or approval of Planning Commission or Council is required prior to the erection of a sign, and no permit or approval has been obtained, violations shall be corrected within five days after the written order is issued. Failure to comply with the written order of the Property Maintenance Office shall constitute a violation under paragraph (c) herein and each and every such failure to comply with such written order shall constitute an individual violation of (c) below. (2) Any violation involving temporary signs, shall be corrected within twenty- four (24) hours after the written order is issued. Failure to comply with the written order of the Property Maintenance Office shall constitute a violation under paragraph (c) herein and each and every such failure to comply with such written order shall constitute an individual violation of (c) below. (3) Where the Property Maintenance Officer or the Director of Inspections determines that a sign or advertising structure poses an immediate danger to the public health, safety or welfare or poses an immediate peril to persons or property, such sign shall be removed immediately upon notification to the permit holder or property owner. In the event that the Property Maintenance Officer or the Director of Inspections determines that the peril to persons or property is such that it is immediately necessary to abate such danger to persons or property by removal of such sign or advertising structure, the Property Maintenance Officer or Director of Inspections may cause such sign or advertising structure to be removed summarily and without notice and shall report such expenses to the Director of Finance who shall confirm such expenses and refer them to the Director of Law for collection from the property owner. (4) All other violations shall be corrected within thirty days after the written order is issued. (5) The Director of Inspections may refuse to issue a permit to any property owner who refuses to reimburse the City for any expenses incurred by the City in connection with this provision of the Codified Ordinances or who has currently been cited by the Property Maintenance Officer or Director of Inspections for any failure to comply with any provision of the sign regulations or other provisions of the Codified Ordinances regarding signage or advertising devices. (Ord. 2004-9. Passed 3-4-04.) (c) Any violation not corrected within the period of time specified in subsection (b) hereof shall be a misdemeanor of the fourth degree and the sign owner shall be fined not more than two hundred fifty dollars ($250.00) and subject to imprisonment for up to thirty days or both, for each day and every day the violation continued to exist after the period of time to remove it, specified in subsection (b) above, has expired. A separate offense shall be deemed committed for each day such violation continues. (Ord. 2002-47. Passed 5-2-02.)

April 2010 Replacement 210-Q Sign Regulations 1223.19

1223.19 APPEAL. Upon denial of a sign plan application by the Planning Director, Planning Commission or Council, or refusal of a permit by the Director of Inspections, the applicant may appeal to the Board of Zoning Appeals. Such appeal shall be to request a variance from the strict application of the provisions of this chapter. A variance may be granted upon the affirmative vote of those members present of the Board of Zoning Appeals finding that strict compliance with the provisions of this chapter may impose an undue hardship and that the granting of the variance from the provisions of this chapter will not depreciate or damage neighboring property, will not create a safety hazard and will not be contrary to the purposes of this chapter. (Ord. 2002-47. Passed 5-2-02.)

April 2010 Replacement April 2010 Replacement 211

CHAPTER 1224 Siting of Wireless Telecommunications Facilities 1224.01 Purpose and legislative 1224.14 Public hearing and notification intent. requirements. 1224.02 Definitions. 1224.15 Action on an application for 1224.03 Overall policy and desired a conditional use permit for goals for conditional use wireless telecommunications permits for wireless facilities. telecommunications facilities. 1224.16 Recertification of a conditional 1224.04 Conditional use permit use permit for wireless application and other telecommunications facilities. requirements. 1224.17 Extent and parameters of 1224.05 Location of wireless conditional use permit for telecommunications wireless telecommunications facilities. facilities. 1224.06 Shared use of wireless 1224.18 Application fee. telecommunications 1224.19 Performance security. facilities and other 1224.20 Reservation of authority structures. to inspect wireless 1224.07 Height of telecommunications telecommunications facilities. tower(s). 1224.21 Annual NIER certification. 1224.08 Appearance and visibility 1224.22 Liability insurance. of wireless telecommunications 1224.23 Indemnification. facilities. 1224.24 Fines and penalties. 1224.09 Security of wireless 1224.25 Default and/or revocation. telecommunications facilities. 1224.26 Removal of wireless 1224.10 Signage. telecommunications facilities. 1224.11 Lot size and setbacks. 1224.27 Relief. 1224.12 Retention of expert assistance 1224.28 Periodic regulatory review and reimbursement by by the City. applicant. 1224.29 Adherence to State and/or 1224.13 Exceptions from a conditional Federal rules and regulations. use permit for wireless 1224.30 Conflict with other laws. telecommunications facilities.

1224.01 PURPOSE AND LEGISLATIVE INTENT. The Telecommunications Act of 1996 affirmed the City of Westlake's authority concerning the placement, construction and modification of Wireless Telecommunications Facilities. The City of Westlake finds that Wireless Telecommunications Facilities may pose significant concerns to the health, safety, public welfare, character and environment of the City and its inhabitants. The City also recognizes that facilitating the development of wireless service technology can be an economic development asset to the City and of significant benefit to the City and its residents. In order to insure that the placement, construction or modification of Wireless Telecommunications

July 2003 Replacement 1224.02 ZONING CODE 212

Facilities is consistent with the City's land use policies, the City is adopting a single, comprehensive, Wireless Telecommunications Facilities application and permit process. The intent of this Local Chapter is to minimize the negative impact of Wireless Telecommunications Facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of City of Westlake. (a) If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed Application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. (b) Any Conditional Use Permit issued under this Chapter shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the City. (Ord. 2003-26. Passed 4-17-03.) 1224.02 DEFINITIONS. For purposes of this Chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory. (a) "Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with Wireless Telecommunications Facilities, and located on the same property or lot as the Wireless Telecommunications Facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets. (b) "Applicant" means any Wireless service provider submitting an Application for a Conditional Use Permit for Wireless Telecommunications Facilities. (c) "Application" means all necessary and appropriate documentation that an Applicant submits in order to receive a Conditional Use Permit for Wireless Telecommunications Facilities. (d) "Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), microwave Telecommunications and services not licensed by the FCC, but not expressly exempt from the City's siting, building and permitting authority. (e) "City" means City of Westlake Ohio. (f) "Co-location" means the use of a Tower or structure to support Antennae for the provision of wireless services without increasing the height of the Tower or structure.

July 2003 Replacement 213 Siting of Wireless Telecommunications Facilities 1224.02

(g) "Commercial Impracticability" or "Commercially Impracticable" means the inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be “commercial impracticable” and shall not render an act or the terms of an agreement "commercially impracticable". (h) "Completed Application" means an Application that contains all information and/or data necessary to enable an informed decision to be made with respect to an Application. (i) "Conditional Use Permit" means the official document or permit by which an Applicant is allowed to construct and use Wireless Telecommunications Facilities as granted or issued by the City. (j) "Council" means the City Council of City of Westlake Ohio. (k) "FAA" means the Federal Aviation Administration, or its duly designated and authorized successor agency. (l) "FCC" means the Federal Communications Commission, or its duly designated and authorized successor agency. (m) "Height" means, when referring to a Tower or structure, the distance measured from the pre-existing grade level to the highest point on the Tower or structure, even if said highest point is an Antenna or lightning protection device. (n) "Modification" means the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a Telecommunications Tower or Telecommunications Site is a modification. A Modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything. (o) "NIER" means Non-Ionizing Electromagnetic Radiation. (p) "Person" means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity. (q) "Personal Wireless Facility". See definition for “Wireless Telecommunications Facilities”. (r) "Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PCS" shall have the same meaning as defined and used in the 1996 Telecommunications Act. (s) “Telecommunication Site”. See definition for Wireless Telecommunications Facilities. (t) "State" means the State of Ohio.

July 2003 Replacement 1224.03 ZONING CODE 214

(u) "Stealth" or "Stealth Technology" means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such Wireless Telecommunications Facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances,. (v) "Telecommunications" means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems. (w) "Telecommunications Structure" means a structure used in the provision of services described in the definition of “Wireless Telecommunications Facilities”. (x) "Temporary" means, temporary in relation to all aspects and components of this chapter, something intended to, or that does, exist for fewer than ninety (90) days. (y) "Wireless Telecommunications Facilities" means and includes a "Telecommunications Tower" and "Tower" and "Telecommunications Site" and "Personal Wireless Facility" means a structure, facility or location designed, or intended to be used as, or used to support, Antennas or other transmitting or receiving devices. This includes without limit, Towers of all types and kinds and structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an Antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 91 l, personal Telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the City's siting, building and permitting authority, excluding those used exclusively for the City's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar non-commercial Telecommunications where the height of the facility is below the height limits set forth in this Chapter. (Ord. 2003-26. Passed 4-17-03.) 1224.03 OVERALL POLICY AND DESIRED GOALS FOR CONDITIONAL USE PERMITS FOR WIRELESS TELECOMMUNICATIONS FACILITIES. In order to ensure that the placement, construction, and modification of Wireless Telecommunications Facilities protects the City's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this Chapter, the City hereby adopts an overall policy with respect to a Conditional Use Permit for Wireless Telecommunications Facilities for the express purpose of achieving the following goals: (a) Implementing an Application process for person(s) seeking a Conditional Use Permit for Wireless Telecommunications Facilities; (b) Establishing a policy for examining an application for and issuing a Conditional Use Permit for Wireless Telecommunications Facilities that is both fair and consistent. (c) Chapter Promoting and encouraging, wherever possible, the sharing and/or co- location of Wireless Telecommunications Facilities among service providers;

July 2003 Replacement 215 Siting of Wireless Telecommunications Facilities 1224.04

(d) Promoting and encouraging, wherever possible, the placement, height and quantity of Wireless Telecommunications Facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such Wireless Telecommunications Facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances. (Ord. 2003-26. Passed 4-17-03.) 1224.04 CONDITIONAL USE PERMIT APPLICATION AND OTHER REQUIREMENTS. (a) All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any modification of such facility shall comply with the requirements set forth in this section. The City Council is the officially designated agency or body of the City to whom applications for a Conditional Use Permit for Wireless Telecommunications Facilities must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking Conditional Use Permits for Wireless Telecommunications Facilities. The City may at its discretion delegate or designate other official agencies of the City to accept, review, analyze, evaluate and make recommendations to the City Council with respect to the granting or not granting, recertifying or not recertifying or revoking Conditional Use Permits for Wireless Telecommunications Facilities. (b) An Application for a Conditional Use Permit for Wireless Telecommunications Facilities shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the Applicant, shall also sign the Application. At the discretion of the City, any false or misleading statement in the Application may subject the Applicant to denial of the Application without further consideration or opportunity for correction. (c) Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the City. (d) The Applicant shall include a statement in writing: (1) That the applicant's proposed Wireless Telecommunications Facilities shall be maintained in a safe manner, and in compliance with all conditions of the Conditional Use Permit, without exception, unless specifically granted relief by the City in writing, as well as all applicable and permissible local codes, chapters, and regulations, including any and all applicable City, State and Federal Laws, rules, and regulations; (2) That the construction of the Wireless Telecommunications Facilities is legally permissible, including, but not limited to the fact that the Applicant is authorized to do business in the State. (e) No Wireless Telecommunications Facilities shall be installed or constructed until the Application is reviewed and approved by the City, and the Conditional Use Permit has been issued.

July 2003 Replacement 1224.04 ZONING CODE 216

(f) No Tower owner or manager shall be permitted to submit an application for a Conditional Use Permit for a Tower if the Tower owner does not have a signed agreement committing a commercial service provider to occupy space on the Tower. (g) All applications for the construction or installation of new Wireless Telecommunications Facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the Applicant. Where a certification is called for, such certification shall bear the signature and seal of a Professional Engineer licensed in the State. The Application shall include the following information: (1) Documentation that demonstrates the need for the Wireless Telecommunications Facility to provide service primarily and essentially within the City. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites; (2) The Name, address and phone number of the person preparing the report; (3) The Name, address, and phone number of the property owner, operator, and Applicant, and to include the legal form of the Applicant; (4) The Postal address and tax map parcel number of the property; (5) The Zoning District or designation in which the property is situated; (6) Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines; (7) The Location of nearest residential structure; (8) The Location, size and height of all structures on the property which is the subject of the Application; (9) The Location, size and height of all proposed and existing antennae and all appurtenant structures; (10) The Type, locations and dimensions of all proposed and existing landscaping, and fencing; (11) The number, type and design of the Tower(s) and Antenna(s) proposed and the basis for the calculations of the Tower's capacity to accommodate multiple users; (12) The make, model and manufacturer of the Tower and Antenna(s); (13) A description of the proposed Tower and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting; (14) The frequency, modulation and class of service of radio or other transmitting equipment; (15) The actual intended transmission and the maximum effective radiated power of the Antenna(s); (16) Direction of maximum lobes and associated radiation of the Antenna(s); (17) Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC; (18) Certification that the proposed Antenna(s) will not cause interference with other telecommunications devices; (19) A copy of the FCC license applicable for the intended use of the Wireless Telecommunications Facilities;

July 2003 Replacement 217 Siting of Wireless Telecommunications Facilities 1224.04

(20) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed Wireless Telecommunications Facilities on the proposed site. (h) In the case of a new Tower, the Applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing Tower(s) or the use of alternative buildings or other structures within the City. Copies of written requests and responses for shared use shall be provided to the City in the Application, along with any letters of rejection stating the reason for rejection. (i) The Applicant shall certify that the Telecommunication Facility, foundation and attachments are designed and will be constructed to meet all local, City, State and Federal structural requirements for loads, including wind and ice loads. (j) The Applicant shall certify that the Wireless Telecommunications Facilities will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors. (k) An Applicant may be required to submit an Environmental Assessment Analysis and a Visual addendum. Based on the results of the Analysis, including the Visual addendum, the City may require submission of a more detailed visual analysis. The scope of the required Environmental and visual assessment will be reviewed at the pre-application meeting. (l) The Applicant shall furnish a Visual Impact Assessment, which shall include: (1) A "Zone of Visibility Map" which shall be provided in order to determine locations from which the Tower may be seen. (2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the City as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided, concerning the appropriate key sites at a pre-application meeting. (3) An assessment of the visual impact of the Tower base, guy wires and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening. (m) The Applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related facilities and structures of the proposed Wireless Telecommunications Facilities. (n) Any and all representations made by the Applicant to the City on the record during the Application process, whether written or verbal, shall be deemed a part of the Application and may be relied upon in good faith by the City.

July 2003 Replacement 1224.04 ZONING CODE 218

(o) All utilities at a Wireless Telecommunications Facilities site shall be installed underground and in compliance with all Laws, Chapters, rules and regulations of the City, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. (p) All Wireless Telecommunications Facilities shall contain a demonstration that the Facility be sited so as to be the least visually intrusive reasonably possible and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the Wireless Telecommunications Facility. (q) Both the Wireless Telecommunications Facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. This shall include the utilization of stealth or concealment technology as may required by the City. (r) At a Telecommunications Site, a hard surface access road, turn around space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion. Applicants will provide evidence of legal access to the wireless telecommunications facility site and shall maintain this access regardless of other developments and/or improvements that may take place on the site. (s) A Person who holds a Conditional Use Permit for Wireless Telecommunications Facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted Wireless Telecommunications Facilities in strict compliance with all current applicable technical, safety and safety-related codes adopted by the City, State, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply. (t) A holder of a Conditional Use Permit granted under this Chapter shall obtain, at its own expense, all permits and licenses required by applicable Law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the City or other governmental entity or agency having jurisdiction over the applicant. (u) An Applicant shall submit to the City the number of completed Applications determined to be needed at the pre-application meeting. Written notification of the Application shall be provided to the legislative body of all adjacent municipalities.

July 2003 Replacement 219 Siting of Wireless Telecommunications Facilities 1224.04

(v) The Applicant shall examine the feasibility of designing a proposed Tower to accommodate future demand for at least five (5) additional commercial applications, for example, future co-locations. The Tower shall be structurally designed to accommodate at least five (5) additional Antenna Arrays equal to those of the Applicant, and located as close to the Applicant's Antenna as possible without causing interference. This requirement may be waived, provided that the Applicant, in writing, demonstrates that the provisions of future shared usage of the Tower are not technologically feasible, are Commercially Impracticable or create an unnecessary and unreasonable burden, based upon: (1) The foreseeable number of FCC licenses available for the area; (2) The kind of Wireless Telecommunications Facilities site and structure proposed; (3) The number of existing and potential licenses without Wireless Telecommunications Facilities spaces/sites; (4) Available space on existing and approved Towers. (w) The owner of the proposed new Tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed Tower by other Wireless service providers in the future, and shall: (1) Respond within 60 days to a request for information from a potential shared use Applicant; (2) Negotiate in good faith concerning future requests for shared use of the new Tower by other Telecommunications providers; (3) Allow shared use of the new Tower if another Telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the Tower or equipment to accommodate a shared user without causing electromagnetic interference. Failure to abide by the conditions outlined above may be grounds for revocation of the Conditional Use Permit for the Tower. (x) There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting shall also include a site visit if there has not been a prior site visit for the requested site. Costs of the City's consultants to prepare for and attend the preapplication meeting will be borne by the applicant. (y) The holder of a Conditional Use Permit shall notify the City of any intended modification of a Wireless Telecommunication Facility and shall apply to the City to modify, relocate or rebuild a Wireless Telecommunications Facility. (z) In order to better inform the public, in the case of a new Telecommunication Tower, the applicant shall, prior to the public hearing on the application, hold a "balloon test". The Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three- (3) foot in diameter brightly colored balloon at the maximum height of the proposed new Tower. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14) days in advance

July 2003 Replacement 1224.05 ZONING CODE 220

of the first test date in a newspaper with a general circulation in the City. The Applicant shall inform the City, in writing, of the dates and times of the test, at least fourteen (14) days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 am and 4:00 p.m. on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday. (aa) The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the Tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77. This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner. (Ord. 2003-26. Passed 4-17-03.) 1224.05 LOCATION OF WIRELESS TELECOMMUNICATIONS FACILITIES. (a) Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless Telecommunications Facilities in accordance with the following priorities, one (1) being the highest priority and six (6) being the lowest priority. (1) On existing Towers or other structures without increasing the height of the tower or structure; (2) On Industrial zoned property; (3) On City- owner property; (4) On property zoned within a business district; (5) On other publicly owned property; and (6) On other property in the City. (b) If the proposed site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. (c) An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the City why co-location is Commercially or otherwise Impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of Commercial Impracticability or hardship. (d) Notwithstanding the above, the City may approve any site located within an area in the above list of priorities, provided that the City finds that the proposed site is in the best interest of the health, safety and welfare of the City and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood.

July 2003 Replacement 221 Siting of Wireless Telecommunications Facilities 1224.07

(e) The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the Application. (f) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the City may disapprove an Application for any of the following reasons. (1) Conflict with safety and safety-related codes and requirements; (2) Conflict with the historic nature or character of a neighborhood or historical district; (3) The use or construction of Wireless Telecommunications Facilities which is contrary to an already stated purpose of a specific zoning or land use designation; (4) The placement and location of Wireless Telecommunications Facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the City, or employees of the service provider or other service providers; (5) Conflicts with the provisions of this Chapter. (Ord. 2003-26. Passed 4-17-03.) 1224.06 SHARED USE OF WIRELESS TELECOMMUNICATIONS FACILITIES AND OTHER STRUCTURES. (a) Locating on existing Towers or others structures without increasing the height shall be preferred by the City, as opposed to the construction of a new Tower. The Applicant shall submit a comprehensive report inventorying existing Towers and other suitable structures within four (4) miles of the location of any proposed new Tower, unless the Applicant can show that some other distance is more reasonable and demonstrate conclusively why an existing Tower or other suitable structure cannot be used. (b) An Applicant intending to locate on an existing Tower or other suitable structure shall be required to document the intent of the existing owner to permit its use by the Applicant. (c) Such shared use shall consist only of the minimum Antenna array technologically required to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown. (Ord. 2003-26. Passed 4-17-03.) 1224.07 HEIGHT OF TELECOMMUNICATIONS TOWER(S). (a) The Applicant shall submit documentation justifying the total height of any Tower, Facility and/or Antenna and the basis therefor. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown. (b) No Tower constructed after the effective date of this chapter, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, City, State, and/or any Federal statute, law, local law, City Chapter, code, rule or regulation. (Ord. 2003-26. Passed 4-17-03.)

July 2003 Replacement 1224.08 ZONING CODE 222

1224.08 APPEARANCE AND VISIBILITY OF WIRELESS TELECOMMUNICATIONS FACILITIES. (a) Any new tower, if required, will be a monopole. (b) Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as required by Law. (c) Towers shall be galvanized and painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this Chapter. (d) If lighting is required, Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations. (Ord. 2003-26. Passed 4-17-03.) 1224.09 SECURITY OF WIRELESS TELECOMMUNICATIONS FACILITIES. All Wireless Telecommunications Facilities and Antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically: (a) All Antennas, Towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and (b) Transmitters and Telecommunications control points shall be installed such a manner that they are readily accessible only to persons authorized to operate or service them. (Ord. 2003-26. Passed 4-17-03.) 1224.10 SIGNAGE. Wireless Telecommunications Facilities shall contain a sign no larger than four (4) square feet in order to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities and shall contain the name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or of the Applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. The sign shall not be lighted, unless lighting is required by applicable law, rule or regulation. No other signage, including advertising, shall be permitted. (Ord. 2003-26. Passed 4-17-03.) 1224.11 LOT SIZE AND SETBACKS. All proposed Towers and any other proposed Wireless Telecommunications Facility structures shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances: A distance equal to the height of the proposed Tower or Wireless Telecommunications Facility structure plus ten percent (10%) of the height of the Tower or structure, or the existing setback requirement of the underlying zoning district, whichever is greater. Any Accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. (Ord. 2003-26. Passed 4-17-03.)

July 2003 Replacement 223 Siting of Wireless Telecommunications Facilities 1224.14

1224.12 RETENTION OF EXPERT ASSISTANCE AND REIMBURSEMENT BY APPLICANT. (a) The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any requests for recertification. (b) An Applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable costs of consultant and expert evaluation and consultation to the City in connection with the review of any Application including the construction and modification of the site, once permitted. The initial deposit shall be $8,500.00. The placement of the $8,500 with the City shall precede the pre-application meeting. The City shall maintain a separate escrow account for all such funds. The City's consultants/experts shall invoice the City for its services in reviewing the Application, including the construction and modification of the site, once permitted. If at any time during the process this escrow account has a balance less than $2,500.00, the Applicant shall immediately, upon notification by the City, replenish said escrow account so that it has a balance of at least $5,000.00. Such additional escrow funds shall be deposited with the City before any further action or consideration is taken on the Application. In the event that the amount held in escrow by the City is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the Applicant. (c) The total amount of the funds needed as set forth in subsection (b) hereof may vary with the scope and complexity of the project, the completeness of the Application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification. (Ord. 2003-26. Passed 4-17-03.) 1224.13 EXCEPTIONS FROM A CONDITIONAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES. (a) No Person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of, Wireless Telecommunications Facilities as of the effective date of this chapter without having first obtained a Conditional Use Permit for Wireless Telecommunications Facilities. Notwithstanding anything to the contrary in this section, no Conditional Use Permit shall be required for those non-commercial exceptions noted in the definition of Wireless Telecommunications Facilities. (b) All Wireless Telecommunications Facilities existing on or before the effective date of this chapter shall be allowed to continue as they presently exist, provided however, that any visible modification of an existing Wireless Telecommunications Facility must comply with this chapter. (Ord. 2003-26. Passed 4-17-03.) 1224.14 PUBLIC HEARING AND NOTIFICATION REQUIREMENTS. (a) Prior to the approval of any Application for a Conditional Use Permit for Wireless Telecommunications Facilities, a public hearing shall be held by the City, notice of which shall be published in the newspaper of general circulation in the City no less than ten (10) calendar days prior to the scheduled date of the public hearing. In order that the City may notify nearby landowners, the Application shall contain the names and addresses of all landowners whose property is located within fifteen hundred (1500) feet of any property line of the lot or parcel on which the new Wireless Telecommunications Facilities are proposed to be located.

July 2003 Replacement 1224.15 ZONING CODE 224

(b) There shall be no public hearing required for an application to co-locate on an existing tower or other structure, as long as there is no proposed increase in the height of the Tower or structure, including attachments thereto. (c) The City shall schedule the public hearing referred to in subsection (a) hereof once it finds the Application is complete. The City, at any stage prior to issuing a Conditional Use Permit, may require such additional information as it deems necessary. (Ord. 2003-26. Passed 4-17-03.) 1224.15 ACTION ON AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES. (a) The City will undertake a review of an Application pursuant to this Chapter in a timely fashion, and shall act within a reasonable period of time given the relative complexity of the Application and the circumstances, with due regard for the public's interest and need to be involved, and the Applicant's desire for a timely resolution. (b) The City may refer any Application or part thereof to any advisory or other committee for a non-binding recommendation. (c) After the public hearing and after formally considering the Application, the City may approve, approve with conditions, or deny a Conditional Use Permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the Applicant. (d) If the City approves the Conditional Use Permit for Wireless Telecommunications Facilities, then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the City's action, and the Conditional Use Permit shall be issued within thirty (30) days after such approval. The City may, at its option, require a development plan to be submitted by the applicant for review by the City in accordance with Chapter 1220 of this Code. Such development plan can be reviewed and acted upon concurrently with applicant's request for its Conditional Use Permit. An applicant for a co-location on an existing tower, with no proposed change to the height of the pole and when the existing development plan provides for such expansion, is exempted from filing an additional development plan. (e) If the City denies the Conditional Use Permit for Wireless Telecommunications Facilities, then the Applicant shall be notified of such denial in writing within ten (10) calendar days of the City's action. (Ord. 2003-26. Passed 4-17-03.) 1224.16 RECERTIFICATION OF A CONDITIONAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES. (a) Between twelve (12) months and six (6) months prior to the five (5) year anniversary date after the effective date of the Conditional Use Permit and all subsequent five year anniversaries of the effective date of the original Conditional Use Permit for Wireless Telecommunications Facilities, the holder of a Conditional Use Permit for such Wireless Telecommunication Facilities shall submit a signed written request to the City for recertification. In the written request for recertification, the holder of such Conditional Use Permit shall note the following:

July 2003 Replacement 225 Siting of Wireless Telecommunications Facilities 1224.16

(1) The name of the holder of the Conditional Use Permit for the Wireless Telecommunications Facilities; (2) If applicable, the number or title of the Conditional Use Permit; (3) The date of the original granting of the Conditional Use Permit; (4) Whether the Wireless Telecommunications Facilities have been moved, relocated, rebuilt, or otherwise visibly modified since the issuance of the Conditional Use Permit and if so, in what manner; (5) If the Wireless Telecommunications Facilities have been moved, re-located, rebuilt, or otherwise visibly modified, then whether the City approved such action, and under what terms and conditions, and whether those terms and conditions were complied with; (6) That the Wireless Telecommunications Facilities are in compliance with the Conditional Use Permit and compliance with all applicable codes, Laws, rules and regulations; (7) Recertification that the Tower and attachments both are designed and constructed and continue to meet all local, City, State and Federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a Professional Engineer licensed in the State, the cost of which shall be borne by the Applicant.

(b) If, after such review, the City determines that the permitted Wireless Telecommunications Facilities are in compliance with the Conditional Use Permit and all applicable statutes, laws, local laws, chapters, codes, rules and regulations, then the City shall issue a recertification of the Conditional Use Permit for the Wireless Telecommunications Facilities, which may include any new provisions or conditions that are mutually agreed upon, or that are required by applicable statutes, laws, chapters, codes, rules or regulations. If, after such review it is determined that the permitted Wireless Telecommunications Facilities are not in compliance with the Conditional Use Permit and all applicable statutes, laws, Chapters, codes, rules and regulations, then the City may refuse to issue a recertification Conditional Use Permit for the Wireless Telecommunications Facilities, and in such event, such Wireless Telecommunications Facilities shall not be used after the date that the Applicant receives written notice of the decision by the City until such time as the Facility is brought into compliance. Any decision requiring the cessation of use of the Facility or imposing a penalty shall be in writing and supported by substantial evidence contained in a written record and shall be promptly provided to the owner of the Facility. (c) If the Applicant has submitted all of the information requested and required by this Chapter, and if the review is not completed, as noted in subsection (b) hereof, prior to the five (5) year anniversary date of the Conditional Use Permit, or subsequent five year anniversaries, then the Applicant for the permitted Wireless Telecommunications Facilities shall receive an extension of the Conditional Use Permit for up to six (6) months, in order for the completion of the review.

July 2003 Replacement 1224.17 ZONING CODE 226

(d) If the holder of a Conditional Use Permit for Wireless Telecommunications Facilities does not submit a request for recertification of such Conditional Use Permit within the timeframe noted in subsection (a) of this section, then such Conditional Use Permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the Conditional Use Permit, or subsequent five year anniversaries, unless the holder of the Conditional Use Permit adequately demonstrates that extenuating circumstances prevented a timely recertification request. If the City agrees that there were legitimately extenuating circumstances, then the holder of the Conditional Use Permit may submit a late recertification request or Application for a new Conditional Use Permit. (Ord. 2003-26. Passed 4-17-03.) 1224.17 EXTENT AND PARAMETERS OF CONDITIONAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITIES. The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall be as follows: (a) Such Conditional Use Permit shall be non-exclusive; (b) Such Conditional Use Permit shall not be assigned, transferred or conveyed without the express prior written notification to the City. (c) Such Conditional Use Permit may, following a hearing upon due prior notice to the Applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional Use Permit, or for a material violation of this Chapter after prior written notice to the holder of the Conditional Use Permit. (Ord. 2003-26. Passed 4-17-03.) 1224.18 APPLICATION FEE. (a) At the time that a person submits an Application for a Conditional Use Permit for a new Tower, such person shall pay a non-refundable application fee of $500.00 to the City. If the Application is for a Conditional Use Permit for co-locating on an existing Tower or other suitable structure, where no increase in height of the Tower or structure is required, the non-refundable fee shall be $200.00. (b) No Application fee is required in order to rectify a Conditional Use Permit for Wireless Telecommunications Facilities, unless there has been a visible modification of the Wireless Telecommunications Facility since the date of the issuance of the existing Conditional Use Permit for which the conditions of the Conditional Use Permit have not previously been modified. In the case of any modification, the fees provided in Subsection (a) shall apply. (Ord. 2003-26. Passed 4-17-03.) 1224.19 PERFORMANCE SECURITY. The Applicant and the owner of record of any proposed Wireless Telecommunications Facilities property site shall, at its cost and expense, be jointly required to execute and file with the City a bond, or other form of security acceptable to the City as to type of security and the form and manner of execution, in an amount of at least $75,000.00 and with such sureties as are deemed sufficient by the City to assure the faithful performance of the terms and conditions of this chapter and conditions of any Conditional Use Permit issued pursuant to this chapter. The full amount of the bond or security shall remain in full force and effect throughout the term of the Conditional Use Permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original Conditional Use Permit. (Ord. 2003-26. Passed 4-17-03.)

July 2003 Replacement 227 Siting of Wireless Telecommunications Facilities 1224.22

1224.20 RESERVATION OF AUTHORITY TO INSPECT WIRELESS TELECOMMUNICATIONS FACILITIES. In order to verify that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities and any and all lessees, renters, and/or licensees of Wireless Telecommunications Facilities, place and construct such facilities, including Towers and Antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, chapters and regulations and other applicable requirements, the City may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, Towers, Antennas and buildings or other structures constructed or located on the permitted site. (Ord. 2003-26. Passed 4-17-03.) 1224.21 ANNUAL NIER CERTIFICATION. The holder of the Conditional Use Permit for wireless telecommunications facilities shall, annually, certify to the City that NIER levels at the site are within the threshold levels adopted by the FCC. (Ord. 2003-26. Passed 4-17-03.) 1224.22 LIABILITY INSURANCE. (a) A holder of a Conditional Use Permit for Wireless Telecommunications Facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the Conditional Use Permit in amounts as set forth below: (1) Commercial General Liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate; (2) Automobile Coverage: $1,000,000.00 per occurrence/ $2,000,000 aggregate; (3) Workers’ Compensation and Disability: Statutory amounts. (b) The Commercial General liability insurance policy shall specifically include the City and its officers, Council, employees, committee members, attorneys, agents and consultants as additional named insureds. (c) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with a Best's rating of at least A. (d) The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least thirty (30) days prior written notice in advance of the cancellation of the insurance. (e) Renewal or replacement policies or certificates shall be delivered to the City at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace. (f) Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no case later than fifteen (15) days after the grant of the Conditional Use Permit, the holder of the Conditional Use Permit shall deliver to the City a copy of each of the policies or certificates representing the insurance in the required amounts. (Ord. 2003-26. Passed 4-17-03.)

July 2003 Replacement 1224.23 ZONING CODE 228

1224.23 INDEMNIFICATION. (a) Any application for Wireless Telecommunication Facilities that is proposed for City property, pursuant to this Chapter, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the City, and its officers, Council, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said Facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the City, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the City. (b) Notwithstanding the requirements noted in subsection (a) hereof, an indemnification provision will not be required in those instances where the City itself applies for and secures a Conditional Use Permit for Wireless Telecommunications Facilities. (Ord. 2003-26. Passed 4-17-03.) 1224.24 FINES AND PENALTIES. (a) In the event of a violation of this chapter or any Conditional Use Permit issued pursuant to this Chapter, the City may impose and collect, and the holder of the Conditional Use Permit for Wireless Telecommunications Facilities shall pay to the City, fines or penalties as set forth below. (b) A violation of this chapter is hereby declared to be a misdemeanor of the second (2nd) degree. Each week's continued violation shall constitute a separate additional violation. (c) Notwithstanding anything in this chapter, the holder of the Conditional Use Permit for Wireless Telecommunications Facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this chapter. An attempt to do so shall subject the holder of the Conditional Use Permit to termination and revocation of the Conditional Use Permit. The City may also seek injunctive relief to prevent the continued violation of this Chapter, without limiting other remedies available to the City. (Ord. 2003-26. Passed 4-17-03.) 1224.25 DEFAULT AND/OR REVOCATION. (a) If Wireless Telecommunications Facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this chapter or of the Conditional Use Permit, then the City shall notify the holder of the Conditional Use Permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven (7) days of the date of the postmark of the Notice, or of the date of personal service of the Notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this chapter, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the City may, at its sole discretion, order the violation remedied within twenty-four (24) hours.

July 2003 Replacement 229 Siting of Wireless Telecommunications Facilities 1224.26

(b) If within the period set forth in subsection (a) hereof the Wireless Telecommunications Facilities are not brought into compliance with the provisions of this Chapter, or of the Conditional Use Permit, or substantial steps are not taken in order to bring the affected Wireless Telecommunications Facilities into compliance, then the City may revoke such Conditional Use Permit for Wireless Telecommunications Facilities, and shall notify the holder of the Conditional Use Permit within forty-eight (48) hours of such action. (Ord. 2003-26. Passed 4-17-03.)

1224.26 REMOVAL OF WIRELESS TELECOMMUNICATIONS FACILITIES. (a) Under the following circumstances, the City may determine that the health, safety, and welfare interests of the City warrant and require the removal of Wireless Telecommunications Facilities. (1) Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as Wireless Telecommunications Facilities) for a period exceeding ninety (90) consecutive days or a total of one hundred-eighty (180) days in any three hundred sixty-five (365) day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days; (2) Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it creates a health or safety hazard; (3) Wireless Telecommunications Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any other necessary authorization. (b) If the City makes such a determination as noted in subsection (a) hereof, then the City shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be removed. The City may approve an interim temporary use agreement/permit, such as to enable the sale of the Wireless Telecommunications Facilities. (c) The holder of the Conditional Use Permit, or its successors or assigns, shall dismantle and remove such Wireless Telecommunications Facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the City. However, if the owner of the property upon which the Wireless Telecommunications Facilities are located wishes to retain any access roadway to the Wireless Telecommunications Facilities, the owner may do so with the approval of the City. (d) If Wireless Telecommunications Facilities are not removed or substantial progress has not been made to remove the Wireless Telecommunications Facilities within ninety (90) days after the permit holder has received notice, then the City may order officials or representatives of the City to remove the Wireless Telecommunications Facilities at the sole expense of the owner or Conditional Use Permit holder. (e) If the City removes, or causes to be removed, Wireless Telecommunications Facilities, and the owner of the Wireless Telecommunications Facilities does not claim and remove it from the site to a lawful location within ten (10) days, then the City may take steps to declare the Wireless Telecommunications Facilities abandoned, and sell them and their components.

July 2003 Replacement 1224.27 ZONING CODE 230

(f) Notwithstanding anything in this Section to the contrary, the City may approve a temporary use permit/agreement for the Wireless Telecommunications Facilities, for no more than ninety (90) days, during which time a suitable plan for removal, conversion, or relocation of the affected Wireless Telecommunications Facilities shall be developed by the holder of the Conditional Use Permit, subject to the approval of the City, and an agreement to such plan shall be executed by the holder of the Conditional Use Permit and the City. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the City may take possession of and dispose of the affected Wireless Telecommunications Facilities in the manner provided in this Section. (Ord. 2003-26. Passed 4-17-03.) 1224.27 RELIEF. Any Applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such at the pre-Application meeting, provided that the relief or exemption is contained in the original Application for either a Conditional Use Permit, or in the case of an existing or previously granted Conditional Use Permit a request for modification of its Tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the Applicant to prove. The Applicant shall bear all costs of the City in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the City, its residents and other service providers. (Ord. 2003-26. Passed 4-17-03.) 1224.28 PERIODIC REGULATORY REVIEW BY THE CITY. (a) The City may at any time conduct a review and examination of this entire chapter. (b) If after such a periodic review and examination of this chapter, the City determines that one or more provisions of this chapter should be amended, repealed, revised, clarified, or deleted, then the City may take whatever measures are necessary in accordance with applicable Law in order to accomplish the same. It is noted that where warranted, and in the best interests of the City, the City may repeal this entire chapter at any time. (c) Notwithstanding the provisions of subsections (a) and (b) hereof, the City may at any time, and in any manner (to the extent permitted by Federal, State, or local law), amend, add, repeal, and/or delete one or more provisions of this chapter. (Ord. 2003-26. Passed 4-17-03.) 1224.29 ADHERENCE TO STATE AND/OR FEDERAL RULES AND REGULATIONS. (a) To the extent that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities has not received relief, or is otherwise exempt, from appropriate State and/or Federal agency rules or regulations, then the holder of such a Conditional Use Permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any State or Federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

July 2003 Replacement 231 Siting of Wireless Telecommunications Facilities 1224.30

(b) To the extent that applicable rules, regulations, standards, and provisions of any State or Federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a Conditional Use Permit for Wireless Telecommunications Facilities, then the holder of such a Conditional Use Permit shall conform the permitted Wireless Telecommunications Facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity. (Ord. 2003-26. Passed 4-17-03.) 1224.30 CONFLICT WITH OTHER LAWS. Where this chapter differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the City, State or federal government, this chapter shall apply. (Ord. 2003-26. Passed 4-17-03.)

July 2003 Replacement July 2003 Replacement 233

CHAPTER 1225 Nonconforming Uses

1225.01 Purpose. 1225.04 Nonconforming use of land. 1225.02 Nonconforming buildings. 1225.05 Nonconforming lot. 1225.03 Nonconforming use of 1225.06 Nonconforming due to buildings. amendments.

CROSS REFERENCES Nonconforming uses, retroactive measures - see Ohio R.C. 713.15 Residential district regulations - see ZON. Ch. 1211 Business district regulations - see ZON. Ch. 1216 Industrial district regulations - see ZON. Ch. 1218 Off-street parking and loading facilities - see ZON. Ch. 1221 Sign regulations - see BLDG. Ch. 1383

1225.01 PURPOSE. Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming buildings, land and uses are hereby established in order to achieve among others, the following purposes: (a) To permit the continuance but control of nonconformity so as to minimize any adverse effect on the adjoining properties and development; (b) To regulate nonconforming building maintenance, repair and extension; (c) To restrict nonconforming building rebuilding if such building is substantially destroyed; (d) To require the permanent discontinuance of nonconforming buildings, land and uses if the same are not operated for certain periods; and (e) To require conformity if nonconforming buildings, land and uses are discontinued and to bring about eventual conformity in accordance with the objectives of the Guide Plan of the City. (Ord. 1969-169. Passed 7-16-70.)

July 2003 Replacement 1225.02 ZONING CODE 234

1225.02 NONCONFORMING BUILDINGS. “Nonconforming building” means a building or other structure existing lawfully at the time this Zoning Code or any subsequent amendment thereto became effective but which does not conform as to dimensions (area and width of lot, width of yards, percent of land coverage, or height of building), or as to design (designed or intended for a use not permitted or compatible with the type of structure), or other regulations of the district in which it is located. A nonconforming building may be continued as follows: (a) Maintenance and Repair. A building nonconforming as to dimensions and/or design may be continued to be used and normal repairs and improvements may be made. For the purpose of this Zoning Code, normal repairs include the ordinary maintenance of a building or structure, the replacement of equipment which is required for safety of operation and the replacement or substitutions of machinery or equipment. Normal repairs do not include the replacement of structural parts in any building nonconforming as to design except when required by law to restore the structure to a safe condition or to make the building or use conforming. (b) Additions. A building nonconforming as to dimensions may be added to or enlarged if the additions are made to conform to the area, yard, percent of coverage, usable open space and height regulations of the district in which it is located. (c) Moving. A building nonconforming as to dimension and/or design, may be moved in whole or in part to any other location on the lot or to another lot if every portion of such building so moved is made to conform to all regulations of the district in which it is to be located. (d) Restoration of Damaged Building. If a nonconforming building is damaged or destroyed by any means to the extent of less than its assessed value as shown in the current record of the County Auditor, those portions so destroyed or damaged may be restored but to not more than their former size, provided such restoration is completed within a period of one year from the date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage, such use may be re-established. If a building nonconforming as to dimension only is damaged or destroyed more than its assessed value, it may only be restored or rebuilt in conformance with all the yard, percent of coverage and height regulations of the district in which it is located. If a building nonconforming as to design is damaged or destroyed more than its assessed value, no repairing or reconstruction shall be made unless every portion of the building is made to conform to all regulations of the district in which the building is located and it shall be occupied only by a conforming use. Determination of the value of the reproduction of that which was destroyed shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the Director of Inspections and the third to be selected by the mutual consent of the two parties.

July 2003 Replacement 235 Nonconforming Uses 1225.04

(e) Discontinuance of Use. If any nonconforming building or portion thereof is not occupied by a use for a continuous period of at least one year, the nonconforming building or nonconforming portion thereof shall be reconstructed to comply with this Zoning Code. (Ord. 1969-169. Passed 7-16-70.) 1225.03 NONCONFORMING USE OF BUILDINGS. “Nonconforming use of a building” means the use of a building existing lawfully at the time this Zoning Code or any amendment thereto became effective, but which does not conform to the use, advertising sign, parking or loading regulations of the district in which it is located. Any nonconforming use of a building may be continued only under the following conditions: (a) Change of Use. The nonconforming use of a building may only be changed to a conforming use. (b) Expansion of Use. The nonconforming use of part of a building may not be expanded or extended. (c) Discontinuance of Use. If any nonconforming use within a building or portion thereof is discontinued for a continuous period of one year, any future use of such building or portion thereof so discontinued shall comply with this Zoning Code. (d) Nonconforming Signs. A nonconforming sign shall be regulated as set forth in Chapter 1223. (e) Nonconforming Parking Facilities. A building or use existing lawfully at the time this Zoning Code or any amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. However, any parking spaces that may be provided thereafter shall comply with the regulations set forth in Chapter 1221. Further more, if the existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be made at least equal to the number of spaces required for the entire building or use in accordance with all provisions of Chapter 1221. (f) Nonconforming Use; Performance Standards. Any use established before the effective date of this Zoning Code (Ordinance 1969-169, passed July 16, 1970) and nonconforming as to one or more of the performance standards established for industrial operations, shall be required to conform thereto within two years. (Ord. 1969-169. Passed 7-16-70.) 1225.04 NONCONFORMING USE OF LAND. “Nonconforming use of land” means any parcel of land nonconforming as to use, existing lawfully at the time this Zoning Code or any amendment thereto became effective but which does not conform with the use and/or dimension regulations of the district in which it is located. Any nonconforming use of land may be continued under the following conditions:

July 2003 Replacement 1225.05 ZONING CODE 236

(a) Change of Use. The nonconforming use of land shall not be changed except to any other use which complies with this Zoning Code. (b) Expansion of Use. The use of a lot or part thereof, nonconforming as to use shall not be expanded or extended. (c) Discontinuance of Use. If any lot or part thereof, nonconforming as to use is discontinued for a continuous period of at least one year, any future use of such lot or part thereof, shall comply with the use regulations of this Zoning Code. (Ord. 1969-169. Passed 7-16-70.) 1225.05 NONCONFORMING LOT. Any parcel of land nonconforming as to lot area and/or lot width requirements of the district in which it is located, existing lawfully at the time this Zoning Code or an amendment thereto became effective, may be developed in accordance with limitations set forth in Section 1211.12. (Ord. 1969-169. Passed 7-16-70.) 1225.06 NONCONFORMING DUE TO AMENDMENTS. The foregoing provisions of this chapter shall also apply to buildings, structures, land or other uses which hereafter become nonconforming as a result of reclassification of districts, regulations or of other amendments made to this Zoning Code. (Ord. 1969-169. Passed 7-16-70.)

July 2003 Replacement 237

CHAPTER 1227 Conditional Uses

1227.01 Conditional use permits. 1227.03 Standards for evaluating 1227.02 Application and action by conditional use permits. Planning Commission 1227.04 Lapse of approval. and Council.

CROSS REFERENCES Residential district regulations - see ZON. Ch. 1211 Business district regulations - see ZON. Ch. 1216 Industrial district regulations - see ZON. Ch. 1218

1227.01 CONDITIONAL USE PERMITS. Conditional use permits shall be required for certain types of main uses enumerated in this Zoning Code which are so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and which are not permitted in certain locations by right. Such use may be permitted and desired in certain districts but not without consideration in each case of the effect of the uses upon neighboring land and the public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such uses is a planning function and not in the nature of a variance or appeal. Enumerated throughout this Zoning Code are conditional uses which may be permitted in residential, business or industrial districts, if the standards set forth in this chapter are fulfilled. (Ord. 1969-169. Passed 7-16-70.) 1227.02 APPLICATION AND ACTION BY PLANNING COMMISSION AND COUNCIL. An application for a conditional use permit shall be submitted by the Director of Inspections to Council. Council shall refer the application to the Planning Commission for recommendation. The Commission shall recommend approval or disapproval within sixty days from the date of referral unless a different period of time is provided by Council. If the Commission fails to act within the time allotted, it shall be deemed to have approved such matter. Council, upon receiving the recommendation of the Commission, shall hold a public hearing thereon and approved or disapprove the application. (Ord. 1969-169. Passed 7-16-70.)

July 2003 Replacement 1227.03 ZONING CODE 238

1227.03 STANDARDS FOR EVALUATING CONDITIONAL USE PERMITS. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts: (a) Residential Districts. (1) The proposed use shall be properly located in relation to the adopted Guide Plan and Thoroughfare Plan, particularly secondary and local streets and pedestrian circulation; (2) When located on a local street, the proposed use shall generate the least possible traffic through a residential neighborhood; (3) The proposed use shall be necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right; (4) The location, design and operation of such use shall not discourage the appropriate development or impair the value of the surrounding residential district; and (5) For temporary structures, every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are underway. (b) Business and Industrial Districts. (1) The proposed use shall be necessary to serve the community needs and if existing similar facilities located in a less restrictive district in which the use may be permitted by right, are inadequate; (2) The proposed use shall pertain to schools, churches and other places of assembly no closer than necessary; and (3) The location, extent and intensity of the proposed use shall be such that its operation is not objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare greater than is normal or as permitted by the performance standards of the district; (4) The proposed use shall form a harmonious part of the business, research, service and industrial district, taking into account, among other considerations, convenience of access and relationship of one use to another; (5) The proposed use shall be permitted in a less restrictive district than that in which it is permitted by right only because of its limited extent, modern equipment and processes; and (6) The hours of operation and concentration of vehicles in connection with proposed use shall not be more hazardous or dangerous than the normal traffic of the district. (c) Safeguards and Conditions. Safeguards and conditions may also be set forth in the permit in addition to the general standards set forth in subsection (a) and (b) herein. (Ord. 1969-169. Passed 7-16-70.) 1227.04 LAPSE OF APPROVAL. The approval of a conditional use permit shall become null and void if the construction of the building or site improvements are not started within a one-year period after date of approval. (Ord. 1969-169. Passed 7-16-70.)

July 2003 Replacement 239

CHAPTER 1229 Similar Uses

1229.01 Determination of similar 1229.02 Action by Council. uses.

CROSS REFERENCES Residential district regulations - see ZON. Ch. 1211 Business district regulations - see ZON. Ch. 1216 Industrial district regulations - see ZON. Ch. 1218

1229.01 DETERMINATION OF SIMILAR USES. Upon application for a permit for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts, or on its own initiative, the Planning Commission may recommend additions or clarifications to Council based upon the following standards: (a) Such use is not listed in any other classification of permitted buildings or uses; (b) Such use is more appropriate to, and conforms more closely to the basic characteristics of the classification to which it is to be added then to any other classification; (c) Such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than the other uses listed in the classification to which it is to be added; and (d) Such a use does not generate traffic to a greater extent than the other uses listed in the classification to which it is to be added. (Ord. 1969-169. Passed 7-16-70.) 1229.02 ACTION BY COUNCIL. Council may amend the regulation of similar uses in accordance with Article III, Section 13 of the City Charter. (Ord. 1969-169. Passed 7-16-70.)

July 2003 Replacement July 2003 Replacement 241

TITLE SEVEN - Administrative Provisions Chap. 1231. Administration, Enforcement and Penalty. Chap. 1233. Board of Zoning Appeals. Chap. 1235. Amending Procedures.

CHAPTER 1231 Administration, Enforcement and Penalty

1231.01 Compliance required. 1231.07 Certificate of Occupancy 1231.02 Administration and application and issuance. enforcement. 1231.08 Record of Certificates. 1231.03 Building permit required. 1231.09 Fees for Certificate and 1231.04 Building permit application copies. and certification. 1231.10 Buildings under construction. 1231.05 New permit required for 1231.99 Penalty. change in plans. 1231.06 Certificate of Occupancy required.

CROSS REFERENCES Building permits to conform with required areas for public use - see PLAN. & PLAT. 1105.03 Administration, enforcement and penalty of Subdivision Regulations - see PLAN. & PLAT. Ch. 1133 Board of Zoning Appeals - see ZON. Ch. 1233 Amending procedures - see ZON. Ch. 1235 Director of Inspection’s duties; appointment - see BLDG. 1311.01 et seq. Building permits and inspections - see BLDG. 1313.01 et seq. Bond required for permit - see BLDG. 1313.11 Fees for building permits - see BLDG. 1315.02 et seq. Failure to obtain permit before work - see BLDG. 1315.09 Drainage plans required for permit - see BLDG. Ch. 1337 Swimming pool permits - see BLDG. 1365.01 Access driveways required for permits - see BLDG. 1369.01

July 2003 Replacement 1231.01 ZONING CODE 242

1231.01 COMPLIANCE REQUIRED. Hereafter, in the City, no land shall be used or occupied and no structure shall be built, reconstructed, altered, used or occupied, except as permitted by this Zoning Code and in conformity with the regulations herein established for the district in which such land or structure is hereby located. In any district, the maximum height of structures, the number and maximum dimensions of yards, courts and other open spaces, and the areas of lots required per family housed thereon, shall be as provided in this Zoning Code. (Ord. 1969-169. Passed 7-16-70.) 1231.02 ADMINISTRATION AND ENFORCEMENT. The duty of administering the provisions of this Zoning Code is conferred upon the Director of Planning. The duty of enforcing the provisions of this Zoning Code is conferred upon the Director of Inspections. (Ord. 1988-75. Passed 6-16-88.) 1231.03 BUILDING PERMIT REQUIRED. No structure shall be built, altered, remodeled or reconstructed and no excavation for a foundation shall be made until a permit, hereinafter called a building permit, for such building has been issued by the Director of Inspections. (Ord. 1969-169. Passed 7-16-70.) 1231.04 BUILDING PERMIT APPLICATION AND CERTIFICATION. All applications for building permits shall be made in triplicate on forms furnished by the Director of Inspections and shall be accompanied by a plat in triplicate, drawn to scale and showing the actual dimensions of each lot upon which the building of a structure is proposed to be done, the size and location of each such structure upon each such lot and such plans drawn to scale, specifications and other information as may be necessary to enable the Director to determine that the proposed structure and use of land will conform to the provisions of this Zoning Code or as approved and modified by Council. No building permit shall be issued without certification thereon by the Director that the building proposed to be done thereunder will conform to the provisions of this Zoning Code. Such certification shall be made or refused within fifteen days after receipt by the Director of a copy of such application and plat. (Ord. 1988-76. Passed 6-16-88.) 1231.05 NEW PERMIT REQUIRED FOR CHANGE IN PLANS. Following the granting of a building permit, no alteration in the proposed structure as represented by the plat, plans and specifications filed shall be made without application for another building permit in accordance with Section 1231.04. (Ord. 1969-169. Passed 7-16-70.) 1231.06 CERTIFICATE OF OCCUPANCY REQUIRED. No land shall be occupied, used or changed in use, and no structure or alteration or enlargement thereof shall be occupied used or changed in use, until a Certificate of Occupancy has been issued therefor by the Director of Inspections. The Director, after all exterior improvements, exclusive of the building have been substantially completed, may grant to the owner permission to occupy that portion of the building or structure that has passed final inspection. Substantial completion for purposes of this section means sidewalks, parking provisions and landscaping attributable to that portion of the structure to be used. (Ord. 1975-73. Passed 10-2-75.)

July 2003 Replacement 243 Administration, Enforcement and Penalty 1231.99

1231.07 CERTIFICATE OF OCCUPANCY APPLICATION AND ISSUANCE. A Certificate of Occupancy shall be applied for at the time application is made for a building permit. Each application shall be made in duplicate on forms furnished by the Director of Inspections and shall be accompanied by the fee required by Section 1231.09. No building permit shall be issued before such application has been made for a Certificate of Occupancy. A Certificate of Occupancy shall be issued within ten days after the building of the structure to which it applies is completed in conformity with the plat, plans and specifications filed and with the provisions of this Zoning Code, and after the installation, in operating condition, of necessary sanitary and utility facilities; or, where the Certificate of Occupancy is sought for the occupancy, use or change in use of land, it shall be issued within ten days after application therefor, provided such proposed occupancy, use or change in use is in conformity with the provisions of this Zoning Code. (Ord. 1969-169. Passed 7-16-70.) 1231.08 RECORD OF CERTIFICATES. A record of all Certificates of Occupancy shall be kept on file in the office of the Director of Inspections, and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. (Ord. 1969-169. Passed 7-16-70.) 1231.09 FEES FOR CERTIFICATE AND COPIES. For an original Certificate of Occupancy there shall be charged a fee, but no fee shall be charged if a building permit is secured at the same time for the same structure. For each copy of any Certificate of Occupancy a fee shall be charged. Such fees shall be determined by ordinance and shall be paid to the Director of Inspections who, upon payment thereof, shall deposit the same with the Director of Finance. (Ord. 1969-169. Passed 7-16-70.) 1231.10 BUILDINGS UNDER CONSTRUCTION. Buildings for which permits have been issued prior to the effective date of this Zoning Code (Ordinance 1969-169, passed July 16, 1970) may be completed in accordance with previously approved plans. (Ord. 1969-169. Passed 7-16-70.) 1231.99 PENALTY. Except as provided in Chapter 1223, any person, firm or corporation violating any of the provisions of this Zoning Code, or failing to comply therewith, shall be guilty of a minor misdemeanor for the first offense and a fourth degree misdemeanor for any subsequent offense. A separate offense shall be deemed committed on each day such violation continues. Any person having control of any land or structure whereon or wherein any violation of this Zoning Code occurs, and any other person who assists in the commission of any such violation, shall each be guilty of a separate offense and shall be liable to the penalty as herein provided. The City may institute injunction proceedings in any court of competent jurisdiction to prevent or terminate any violation of this Zoning Code. (Ord. 1995-76. Passed 5-4-95.)

July 2003 Replacement July 2003 Replacement 245

CHAPTER 1233 Board of Zoning Appeals

EDITOR’S NOTE: Article IV, Section 10 of the City Charter provides as follows: SECTION 10. BOARD OF ZONING APPEALS. (a) Membership. There shall be a Board of Zoning Appeals which shall consist of five (5) members, one of which shall be a member of the Planning Commission, appointed by the Mayor with the approval of a majority of members of Council. Members of this Board shall hold no other municipal office or appointment, except as a member of the Planning Commission. (b) Powers. It shall be the duty of the Board of Zoning Appeals to hear and decide applications for exceptions to and variances from the zoning ordinances of the Municipality and to hear and decide all appeals from orders, decisions and regulations of municipal administrative officials or agencies in regard to the zoning ordinances. The Board shall not permit any exception or variance from the zoning ordinances unless it finds that a practical difficulty or unnecessary hardship would exist as a result of the literal application of the zoning ordinances because of some pecularity of the property in question as distinct from the other properties in the same district. In such cases the granting of the exception or variance must not be detrimental to the public welfare or injurious to the property in the immediate surrounding area, and must be in keeping with the general purpose, intent and objective of the municipal zoning ordinances. 1233.01 Board established; defined; 1233.03 Appeals and approvals. membership; organization. 1233.04 Powers and duties. 1233.02 Meetings and records.

CROSS REFERENCES Established - see CHTR. Art. IV, Sec. 1 Membership; powers - see CHTR. Art. IV, Sec. 10

July 2003 Replacement 1233.01 ZONING CODE 246

1233.01 BOARD ESTABLISHED; DEFINED; MEMBERSHIP; ORGANIZATION. (a) A Board of Zoning Appeals is established by Article IV, Section 10, of the City Charter. References to the “Board” in this chapter mean the Board of Zoning Appeals created by the Charter. (b) The composition of the Board shall be as provided in the Charter. An appointment to fill a vacancy occurring during a term shall be only for the unexpired portion thereof. All members so appointed shall hold their office until a successor has been appointed and has qualified. (c) The Board shall elect its own Chairman and Secretary. A majority of the Board shall constitute a quorum to do business, but any decision made by the Board on appeals or matters before it upon which it is required to pass under the provisions of this Zoning Code shall require a majority vote of all members appointed to and serving on the Board. The Mayor may remove any member for cause. (Ord. 1969-169. Passed 7-16-70.) 1233.02 MEETINGS AND RECORDS. (a) Regular meetings of the Board of Zoning Appeals shall be held on the last Tuesday of each month and at such other times as the Board may determine or upon call of the Chairman. In the event the last Tuesday in any month falls on a legal holiday, such meeting shall then be held within seven days thereafter at a time determined by the Chairman of the Board. All meetings shall be open to the public. (b) The Board shall keep records of its proceedings showing the vote of each member upon each question or, if a member is absent or fails to vote, indicating such facts. The Board shall keep records of its examinations and other official actions. (c) Every rule, regulation, order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and become a public record, and an additional copy thereof shall be filed with the Clerk of Council. (Ord. 1969-169. Passed 7-16-70.) 1233.03 APPEALS AND APPROVALS. (a) Appeals; Process: An appeal from any decision of the Director of Inspections or Director of Planning, in regard to zoning ordinances may be made to the Board of Zoning Appeals by any elected City official or by any person aggrieved or affected by such decision. The appellant shall, within thirty days after the decision appealed from is rendered by the Director of Planning or the Director of Inspections, file a notice of appeal application with the Clerk of Commissions. Such notice of appeal shall be accompanied by payment by the appellant to the Board of a fee as provided in Chapter 1115 for costs of such appeal. Such fee, upon payment thereof, shall be deposited with the Director of Finance by the collecting officer and shall be retained by the City without refund. Upon the filing of such notice of appeal, the appellant shall also file with the Board ten copies of a brief setting forth in detail the grounds of the appeal. After the filing of such appeal and brief and payment of the fee, public hearing of such appeal shall be had before the Board in the manner as provided in subsections (c) through (e) herein.

July 2003 Replacement 247 Board of Zoning Appeals 1233.04

(b) Application; Process: Application may be made by any person to the Board for permission, approval or authority required by this Zoning Code to be obtained from the Board. The applicant shall file with the Board ten copies of a written application, one copy of which the Clerk of Commissions shall forthwith deliver to the Directors of Inspection or Planning. Such application shall be accompanied by payment as set forth in Chapter 1115 for costs of such application, which fee, upon payment thereof, shall be deposited with the Director of Finance by the collecting officer and shall be retained by the City without refund. Such application shall describe the permission, approval or authority sought. Upon the filing of such application, the applicant shall file with the Board ten copies of a brief setting forth in detail the grounds of the application, one copy of which the Clerk of Commissions shall forthwith deliver to the Directors of Inspections and Planning. After the filing of such application and brief and payment of the fee, public hearing of such application shall be had at the time and in the manner as provided in subsections (c) through (e) herein. (c) Not more than ten days nor less than five days prior to the public hearing, written notice of the hearing of such appeal or application shall be caused by the Board to be sent by regular mail to any person, firm or corporation owning premises located within 300 feet of the land to which such appeal or application relates. (d) Notice of a hearing shall be published twice monthly in a newspaper of general circulation no less than four days before the hearing. (e) Appeal/Application Deadline: In order for an appeal or application as set forth in subsections (a) and (b) above to be heard at the regularly scheduled meeting on the last Tuesday of the month, the application or notice of appeal must be submitted by the first Thursday of that month. Should the application or appeal be submitted after the first Thursday of the month, the matter shall be heard at the next month’s regularly scheduled meeting. (f) Notification of Board’s Decision: The Board shall notify the Building Department within forty-eight hours of the granting of any appeal or application with any special conditions thereon. All applicants shall receive written notice via regular United States mail within ninety days of the date of the Board’s decision. (Ord. 1997-43. Passed 6-19-97.) 1233.04 POWERS AND DUTIES. (a) The Board of Zoning Appeals shall adopt such rules or regulations as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Zoning Code. (b) Any member of the Board shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board. (c) The Board shall hear and decide appeals de nova and shall review on appeal any order, requirement, decision or determination of the Director of Inspections relating to the enforcement of this Zoning Code. It shall also hear and decide all matters properly referred to it, or upon which it is required to pass, under the provisions of this Zoning Code. Within its powers, the Board may reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Director appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made under the circumstances, and to that end shall have all the powers of the officer from whose decision the appeal is taken.

July 2003 Replacement 1233.04 ZONING CODE 248

(d) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, on appeal from a decision of the Director, the Board shall have the power in a specific case, by special permit, to vary or modify the application of and such provisions in harmony with the general purpose and intent of this Zoning Code so that the public health, safety, morals and general welfare may be secured and substantial justice done, but in no event shall the Board of Zoning Appeals be empowered to grant a use or create a use which does not exist in the Zoning Code of the City of Westlake. Such variance shall be limited to specific cases where the following conditions also exist. (1) The practical difficulty or unnecessary hardship is inherent in and is peculiar to the premises sought to be built upon or used because of physical size, shape or other characteristics of such premises or adjoining premises which differentiate such premises sought to be built upon or used from other premises in the same district and as to such premises sought to be built upon or used will create a difficulty or hardship caused by a strict application of the provisions of this Zoning Code not generally shared by other lands or structures in the same district; (2) Refusal of the variance or modification appealed for will deprive the owner of the premises sought to be built upon or used of substantial property rights; and (3) Granting of the variance or modifications appealed for will not be contrary to the purpose and intent of the provisions of this Zoning Code. (e) When appealing for a variance of modification, the appellant shall state and substantiate his claim that each of the three conditions listed under subsection (d) hereof exists. The Board shall make a finding on each of such three conditions as they apply in each specific case as a prerequisite for the granting of the variance or modification. (Ord. 1986-191. Passed 11-6-86.)

July 2003 Replacement 249

CHAPTER 1235 Amending Procedures

EDITOR’S NOTE: Article III, Section 13 of the City Charter provides as follows: Section 13. Enactment of Zoning Ordinances. The Council may provide by ordinance for the procedure for the passage and amendment of any zoning ordinance, the maps and regulations thereof, and the publication of notice and public hearing thereof, provided that the minimum notice of the time and place of such public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the City. In the event it is proposed to re- zone or re-district ten or fewer parcels of land, as listed on the tax duplicate, then in addition to the newspaper notice hereinbefore provided, notice of the time and place of such public hearing shall be given by first class mail, postage prepaid, ten (10) days before such hearing, to the record title holders of the property within or immediately adjacent to, adjoining, abutting on or directly across the street from such parcel or parcels. Record title holder shall mean the title holder of such property as disclosed by the records of the Auditor of Cuyahoga County, thirty (30) days immediately prior to the date of such public hearing. If the mailing address of such record title holder cannot be reasonably ascertained, then the aforesaid newspaper notice of such hearing shall be deemed adequate notice. Nothing herein provided shall be construed as limiting the power of the Council to increase such notice requirements. Article IV, Section 9(e) of the City Charter provides in part as follows: No ordinance referring to zoning or other regulations controlling the use or development of land, shall be adopted unless and until it shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by it within sixty (60) days from the date of referral unless a different period of time be provided by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any provision or any resolution, ordinance or order disapproved by formal action of the Planning Commission shall require a two-thirds (2/3) vote of all members of the Council for adoption or authorization.

July 2003 Replacement 1235.01 ZONING CODE 250

1235.01 Governing provisions. 1235.05 Time limitation on 1235.02 Zoning request. Commission action. 1235.03 Enactment of legislation; 1235.06 Notice of and public hearing accompanying map. on zoning ordinances. 1235.04 Referral to Planning 1235.07 Passage after public Commission. hearing.

CROSS REFERENCES Zoning map changes - see PRELIM. UNIT. TABLE I Planning Commission - see PLAN. & PLAT. Ch. 1101 Districts established - see ZON. 1205.01 Zoning map - see ZON. 1205.03

1235.01 GOVERNING PROVISIONS. Ordinances and other regulations involving the zoning of land within the City shall be passed as provided by the applicable provisions of the City Charter and this chapter. (Ord. 1969-169. Passed 7-16-70.) 1235.02 ZONING REQUEST. A request for any change in this Zoning Code may be made by the owner or his agent, a Councilperson or the Mayor, and except when made by the Mayor or a Councilperson shall be accompanied by a fee of one hundred dollars ($100.00) payable to the City. This request shall be submitted in writing to Council. If the request involves a change in the text of this Zoning Code, reference shall be made to the section to which the request relates. If the request is for a change in use classification, a map indicating parcels and dimensions and legal description for which the change is requested shall be included. Such request shall be referred to the Planning and Zoning Committee of Council for a recommendation to Council for action within thirty days. Thereupon, Council shall vote at the meeting at which the report is submitted as to whether legislation should be drafted and placed on the agenda. This fee shall be refunded in full if Council, upon report of the Planning and Zoning Legislative Committee of Council, determines not to prepare legislation for the requested zoning change. If legislation is prepared, the fee shall be fully earned, and, in addition, the party requesting the zoning change other than the Mayor or a Councilperson shall reimburse the City for all advertising costs and other related costs of any notices required by any of the ordinances of the City. (Ord. 1984-85. Passed 3-7-85.)

July 2003 Replacement 251 Amending Procedures 1235.06

1235.03 ENACTMENT OF LEGISLATION; ACCOMPANYING MAP. The enactment of any ordinance or regulation of a permanent nature which amends or otherwise affects the zoning or districting of land within the City, or which amends this Zoning Code, shall be as provided by the Charter. Any such legislation shall be accompanied, if the effect thereof is to make any substantial change in the classification or the use of specific parcels of land within the City, with legal description and with a map of the City or of the particular portions thereof in which such change, or changes, are to be made, showing in a reasonably clear manner the size, dimensions and location of the area proposed to be changed in use classification. Such map need not be attached to the text of the ordinance but shall, in a clear and intelligible manner, make reference to the ordinance or other measure to which it relates. (Ord. 1969-169. Passed 7-16-70.) 1235.04 REFERRAL TO PLANNING COMMISSION. After an ordinance or other regulation is prepared, such ordinance or other regulation and any accompanying maps shall be referred to the Planning Commission for recommendation, report or other disposition by the Commission. Prior to any action on the part of the Commission, the Clerk of Commissions shall notify, by regular mail, at least ten days before any such meeting, the owners of property within 500 feet of all boundaries of the proposed area to be rezoned. Such property owners shall be those whose names are shown on the current County Map Records on file at City Hall. (Ord. 1976-80. Passed 9-2-76.) 1235.05 TIME LIMITATION ON COMMISSION ACTION. In referring an ordinance, other regulation and any accompanying maps to the Planning Commission, Council may by its motion of reference, set a time for action by the Commission. In the event that no time is set for action by the Commission, the matter shall be governed by Article IV, Section 9(e) of the City Charter. (Ord. 1969-169. Passed 7-16-70.) 1235.06 NOTICE OF AND PUBLIC HEARING ON ZONING ORDINANCES. Notice of the pendency of ordinances pertaining to zoning shall be published and public hearings thereon shall be held as is provided by Article III, Section 13 of the City Charter and by this section. Simultaneously with, or at any time after the reference of any ordinance or regulation by Council to the Planning Commission, Council shall fix a date, time and place for a public hearing to be held thereon, provided the minimum notice as required by the Charter is complied with. The Clerk of Council shall cause to be published, in one or more newspapers of general circulation in the City, as defined in Ohio R.C. Section 713.12, a suitable notice of the pendency of such ordinance and of the date, time and place thereof, which notice may describe in general terms the contents of such ordinance. Council may also direct regular, certified or registered mail notice to be sent prior to the date of such hearing to the owners of record, if their addresses can be determined from the County records for tax mailing purposes, of parcels lying within or within a distance of 500 feet from the outer boundaries of any area of land of which the zoning or use classification will be changed by such pending ordinance. Failure of delivery of such mail notice to any addressee thereof shall not invalidate any such ordinance or regulation passed by Council.

July 2003 Replacement 1235.07 ZONING CODE 252

Any such hearing may be adjourned from time to time as Council may deem necessary and no further notice of such adjournment shall be required. (Ord. 1969-169. Passed 7-16-70.) 1235.07 PASSAGE AFTER PUBLIC HEARING. Following the conclusion of public hearing, the proceedings upon such ordinance or regulation shall be as provided by law for the passage of other ordinances of Council of a general and permanent nature. (Ord. 1969-169. Passed 7-16-70.)

July 2003 Replacement 253

CHAPTER 1237 Design Review Guidelines 1237.01 Intent. 1237.05 Interpretive illustrations 1237.02 Explanation of terms. for design standards. 1237.03 Applicability. 1237.06 Procedures. 1237.04 Design review guidelines.

1237.01 INTENT. The appearance of buildings, structures, open spaces and landscaping throughout the City is of public concern. It is in the public interest to ensure that new developments and modifications to existing developments reflect and are sensitive to the history, climate, topography, vegetation, architecture and other building traditions of the City of Westlake. Therefore, the purpose of the regulations in this Chapter is to provide criteria to be used by the Planning Commission when evaluating the appropriateness of proposed development in the City. These provisions are established to achieve, among others, the following purposes: (a) To strengthen, protect, enhance and improve the existing visual and aesthetic character of the City, and to prevent the creation or perpetuation of nuisances or blight in the City. (b) To integrate developments into the surrounding environment, as well as to ensure that each new development and redevelopment will be attractive. (c) To protect and improve property values. (d) To foster and encourage creative application of design principles. (e) To ensure that the particular existing design features which contribute to the unique character of the City of Westlake are retained and re-created in a manner that ensures that the City retains and enhances its sense of community. (f) To ensure that new development and redevelopment are compatible and harmonious with the existing overall character of the City, especially when development is proposed in areas where the existing structures do not have architectural features that warrant replication or enhancement. (g) To bring new buildings into an orderly arrangements with landscape and nature, other buildings and open areas. (h) To ensure that these objectives are achieved through an impartial review process which assures that each proposal complies with these design guidelines. (Ord. 2001-141. Passed 1-17-02.)

July 2003 Replacement 1237.02 PLANNING AND ZONING CODE 254

1237.02 EXPLANATION OF TERMS. For the purpose of and use in this Chapter, certain terms and words shall be interpreted with regard to the following explanations: (a) Appropriateness. A proposal is judged to be appropriate when it respects the existing architectural style of a building and fits comfortably within its setting, neighborhood and overall community. This condition applies to landscaping and accessory structures as well. (b) Compatibility. A design or a material/color selection is compatible when it does not strongly deviate from its parent building, or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of its parent building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibility occurs when an architectural design, landscape design or accessory building proposal is aesthetically harsh or overwhelming relative to its neighbors. (c) Noncontributing. A factor in a proposal or part thereof that is taken from an existing building characteristic or site feature such as design, scale, fenestration, architectural feature, material or color that is determined by the Planning Commission to be not appropriate for replication in new projects or modifications to existing projects when: (1) It does not enhance or improve the character of the City and/or the surrounding environs of the project, or (2) It is unrepresentative of the overall character of the City and/or the prevalent character of the surrounding environs of the project. (d) Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance. (e) Proximity. Proximity shall be considered in terms of the potential for one property, by virtue of its locations, to materially affect other properties. In determining a property to be in proximity to another, the following factors shall be considered: (1) The visibility of both properties from a common point; or (2) The location of both properties within a relatively compact network of streets, walkways or spaces. (f) Style. Style relates to a building's character and configuration in plan and elevation. It also relates to architectural conventions of a particular time period concerning details of windows and doors, eaves, corner boards, pitch of roofs and the materials of the building's skin. (Ord. 2001-141. Passed 1-17-02.)

1237.03 APPLICABILITY. The design guidelines set forth in subsections (a) through (d) of Section 1237.04, shall be required for all developments requiring a development plan and shall apply to the exterior appearance and design of all new construction, site improvements, and building renovations in the respective zoning districts according to the following schedule:

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DISTRICT/USE APPLICABLE SUBSECTION OF SECTION 1237.04 (a) Business Districts: Office Building District General Business District Shopping Center District (a), (b) & (c) Interchange Service District Executive Office Park District Recreational Business District Hotel/Motel District

(b) All developments that require a Development Plan approval including: multifamily, cluster and churches (a), (b) & (c) All developments that require Conditional Use Permits including: nursing homes and assisted living. (c) Industrial Districts (a) & (b) (d) Planned Unit Development Districts (a) & (d) (e) Health Campus District (a) & (b) (f) Integrated Shopping Center District (a), (b) & (c) (g) Automobile Parking District (a), (b) & (c) (h) Planned Office District (a), (b) & (c)

(Ord. 2001-141. Passed 1-17-02.) 1237.04 DESIGN REVIEW GUIDELINES. The design review guidelines cover all aspects of the exterior features of a project and include an examination of the surrounding context to ensure that new development and modifications to existing development achieve the objectives of this Chapter set forth in Section 1237.01. The following guidelines are in addition to the specific regulations and requirements set forth for each of the particular zoning districts: (a) General criteria applicable to all proposals requiring review. (1) The proposal shall enhance and improve the character of the community and be appropriate and compatible with its surroundings in accordance with the intent, objectives and development criteria of this Chapter. In assessing the characteristics of the surrounding area, noncontributing features will not be considered factors in determining compatibility.

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(2) The proposal should minimize changes to the natural grade, and the removal and destruction of trees, landscaping and other natural features. (3) Buildings shall be oriented in relation to proposed grading, natural features and to existing structures on and adjacent to the site to maintain: A. Satisfactory proportions and scale; B. Reasonable light and air; and C. Privacy, as appropriate. (4) Buildings, structures and landscaping should be designed and located on the site and be of a scale to complement adjacent buildings and enhance the character of the surrounding area by having features that are appropriate and compatible with existing buildings and structures. In making this determination, the Planning Commission shall consider: A. Building height, width and general proportions; B. Architectural features, including patterns of windows and doors, roof pitch, cornice lines, , porches, shutters, dormers, eaves and other decorative detail; C. General site characteristics which encourage well landscaped and conveniently located parking areas, safe and comfortable pedestrian ways, and convenient pedestrian movement among adjacent and nearby buildings and parking areas; and D. Color used which is not bright or brilliant. (5) Each individual building should express its function, and have an individual character and identity created through functional variety in the overall design. (6) When existing buildings are to be renovated, the distinguishing qualities or character of a property that contribute to the overall character should not be destroyed. Removal or alteration of distinctive architectural features should be avoided, except for features that are determined to be noncontributing features. (7) Unique and contemporary designs may be appropriate to the extent such design does not clearly detract from any architectural unity of an ensemble or group of architecturally significant buildings. (8) Landscaping shall be designed to: A. Maintain an adequate and appropriate proportion of deciduous and non-deciduous trees. B. Be in such locations, scale and amounts to be integrated with the building design. C. Clearly designate entrances/exits. D. Reasonably screen paved areas from the street through the use of mounding, the land's natural topography, and/or adequate vegetation. (9) Mechanical equipment, waste receptacles and other similar appurtenant or accessory structures shall be located to minimize the impact on the building and the community. A. Window air-conditioning units, condenser elements, antennas, other mechanical equipment, and waste receptacles should not be located on the front of the building.

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B. Mechanical equipment on the ground and waste receptacles must be screened with a fence or plant material as approved by the Planning Commission, or housed in a structure that is in harmony with the surroundings. C. Mechanical equipment attached to the side or roof of a building, including heating vents, should be kept as low as possible and screened and be compatible with the background. (b) Supplemental criteria applicable to uses in all districts except Planned Unit Development District: (1) General site design: A. Parking areas, drives and approaches shall be of appropriate size and scale in relation to the appearance of the proposed development from public rights-of-way, adjacent property and the internal portion of the site itself. Such appropriate scale shall be achieved by the width of approaches and drives, by having adequate but not excessive parking, and by using landscaping within large parking areas. B. Accessory loading areas should be located in unobtrusive areas and be screened or blocked from public view. C. Signs should be designed to reflect the scale of the building, site and surrounding characteristics. Buildings shall be designed for the appropriate placement of signage in a manner which compliments the building. D. Exterior security and ornamental lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be designed so as not to shine directly onto adjoining properties and not be excessive. E. Entryways should be designed to enhance the ability of the general public to find their way into and around buildings and open spaces. (2) Scale: A. Variations in the height of structures are encouraged in order to impact some variety to the skyline of the area and to add some distinction to the streetscape. B. All observable sides of new construction should achieve architectural interest and excellence. (3) Materials: A. New construction shall be guided by the existing work to which it is attached or is associated, and should not be in stark contrast to the materials used on adjacent structures. B. The texture, color, and placement pattern of materials shall be appropriate for the size and scale of the proposed structures and be compatible with the character of the area.

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C. In Industrial Districts, full size masonry units of split face and scored block are permitted with integral earth tone, white or gray colors. Metal panels and standing seam roofs are permitted. HVAC units shall be screened from the street with architectural screens or parapet walls. Mansard roofs and asphalt or fiberglass shingled roofs are not appropriate in Industrial Districts and are not permitted. (c) Supplemental criteria applicable to uses in all districts except Industrial Districts, Health Campus District and Planned Unit Development District: (1) Site features: A. Park benches, ornamental planters, pedestrian plazas, fountains, sculpture, bicycle racks and brick pavers shall be encouraged when appropriate to create inviting, people-oriented spaces. B. Other devices may be considered appropriate in the interest of adding attractive features to the District, such as a clock tower, a raised roof on an otherwise flat-roofed structure, or a cupola or other design feature. C. Sidewalks connecting building entrances with parking areas and to the public sidewalks shall be provided to permit and encourage pedestrian access to buildings. (2) Building style and scale: A. Buildings shall be designed with the following styles either a flat roof or pitched gable or hip roof. A false gable or pitched roof may be used over a canopy, dormers or bay windows or as a rooftop mechanical screen on a flat roof. Three story or higher buildings shall generally be built with flat roofs. Flat roofed buildings shall have a parapet wall or a false gable or partial pitched roofs to screen mechanical rooftop equipment. Gable roofs shall generally not be higher from the eave to the peak than the height of the building to the eaves. Mansard roofs are generally not permitted where roofing material is used to cover a building wall. B. Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures; and harmonious with other architectural detail and ornamentation. C. In areas which have a predominate architectural style, including historic styles, such character should be a significant consideration in determining compatibility. In such cases, compatibility is partially achieved by some repetition of basic elements such as color, materials and common scale. D. Building facades should have windows in order to insure a comfortable visual dialogue between occupant and pedestrian. Large unwindowed spaces shall be discouraged. E. The proportion of wall surface to openings should be consistent with adjacent structures. F. The use of awnings, mainly confined to the street level, in shopping areas is encouraged. Awnings are to be designed and mounted so as not to cover significant architectural detail.

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(3) Materials and colors: A. Materials shall be used which contribute to the City's architectural character and building quality. Examples of such contributing materials include: 1. Brick in colors of: red/rose, tan, brown, beige and white; 2. Masonry units in a split-face, flashed or smooth finish in reduced size of 4" x 12" or less with integral earth tone colors: red/rose, tan, brown, beige or white, in Office Districts full size split-faced block may be permitted in the same colors as above; 3. In Residential Districts horizontal lap siding and trim in wood, vinyl or metal; 4. Stone. B. Conversely, the following materials are not consistent with the City's architectural characteristics or of lesser quality and would tend to hasten the creation of nuisances and/or blight; therefore, they are considered inappropriate for use: 1. Mirrored/reflective glass unless used as a small component of the building, designed and located within the context of the architectural style and primarily limited to office buildings; 2. Concrete block; 3. Stucco, EIFS (e.g., "dryvit") or large expanse of similar material except as a minor architectural feature, belt course or minor design element; 4. Unfinished and industrial type materials such as full size concrete block, EIFS, Metal siding or panels or painted block; 5. Bright or primary colors, multiple colors (more than three) on the exterior finish and/or awnings which are in stark contrast to other structures in the surrounding area and/or the design of the proposed structure. C. Authentic materials are preferred; however, modern products that simulate such as stone effectively may be considered. D. Roofing material on sloped and visible roofs shall be as follows: 1. Asphalt, fiberglass or slate shingles in colors of: gray, black and brown; 2. Standing seam metal roofs limited to natural copper or copper patina, dark green or dark brown; 3. Clay tile, exposed roll roofing, or light colored or bright colored roofs are not permitted.

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(d) Supplemental criteria applicable to Planned Unit Development District. The criteria in subsection (a) above and this subsection shall apply to the Planned Unit Development District. Developments in the Planned Unit District shall also comply to Section 1212.14 and each development's specific Design Manual approved by City Council. In the event that there is conflict between this Section and an approved Design Manual, the approved Design Manual shall supersede the regulations herein. (1) General planning and site design: A. The design, scale and location on the site of residential structures, accessory buildings and landscaping should enhance the overall natural character of the City. B. Accessory structures and features such as garages, parking areas, fences, walls, and landscaping should: 1. Ensure that the relationship to the dwelling reinforces the dwelling as the major focal point of the site. 2. Ensure that the size, location and design are appropriate for the size of the site and adjacent buildings. C. Sidewalks should be enhanced with appropriate materials, landscaping, lighting and benches. (2) Style: A. Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures; and harmonious with other architectural detail and ornamentation. B. In areas which have a predominate architectural style, including historic styles, such character should be a significant consideration in determining compatibility. In such cases, compatibility is partially achieved by some repetition of basic elements such as color, materials and common scale. C. Architectural forms and the open spaces around them should be integrated so as to enhance the quality of the outdoor public areas including such factors as sunlight, weather protection, noise and air quality, landscaping and benches. D. All elevations of new construction are expected to feature some door or window openings or other architectural feature to avoid blank walls and such openings should have a pattern that is compatible with the character of the neighborhood. E. Buildings should have varying roof lines and facade modulation to help reduce the apparent size of new buildings and give them more visual interest. The use of pitched roofs is favored in order to add height and body to the low level skyline. (3) Garages: A. Garages are to be located so as to not dominate the street elevation. B. A garage should match the residence to which it is attached or related with similar materials, roof pitch, colors, window style, eaves and trim.

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(4) Materials: A. Within a Planned Unit Development District, there shall be a continuity of building materials among all buildings. B. Conventional building materials including wood, shingle, stone, and face brick, should be employed in new work, to the extent appropriate. C. New products which simulate wood siding and slate roof tile or shingles may be acceptable, but only with the presentation of full- scale samples in appropriate colors. (Ord. 2001-141. Passed 1-17-02.)

1237.05 INTERPRETIVE ILLUSTRATIONS FOR DESIGN STANDARDS. The Planning Commission may prepare from time to time or authorize the preparation of illustrations which demonstrate the design review criteria in Section 1237.03. Such illustrations may include drawings, photographs of acceptable projects in the City of Westlake and elsewhere, drawings or photographs of projects which have been approved pursuant to these regulations and photographs of existing building characteristics or site features which have been determined by the Planning Commission to be noncontributing. Any such illustrations may be recommended by a majority vote of the Planning Commission and approved by Council. When approved, such illustrations shall be considered administrative guidelines which assist in the utilization of these design review criteria. (Ord. 2001-141. Passed 1-17-02.) 1237.06 PROCEDURES. All applicants subject to this Chapter 1237 shall comply with the following procedures: (a) Applicants submitting development plans shall be subject to the requirements of this Chapter and shall submit design plans at the time of a development plan submittal with such details to illustrate design elements necessary for the Planning Commission to review and approve plans as required in the Chapter. Submittal of a Design Manual as required for Planned Unit Developments shall also follow the provisions of Section 1212.14. (b) The Planning Commission may, in accordance with Section 1115.08, and at its discretion, hire and retain such architectural and/or professional design services to review submitted plans and provide advice and recommendations to the Planning Commission on the building design elements. (Ord. 2001-141. Passed 1-17-02.)

July 2003 Replacement