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 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. 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 Home 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 Engineering. (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