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

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

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

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

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

Council may, by ordinance, from time to time on its own motion, or on petition amend the regulations and districts established in this Zoning Code. Every such proposed amendment shall, after it has been introduced, be referred by Council to the Planning Commission for report. The Commission shall conduct a public hearing on such proposed amendment and notice of such hearing shall be published in a newspaper having a general circulation in the City at least ten days prior to the date of such hearing. The Commission may approve or suggest changes in the proposed amendment and shall submit its report to Council. Any such amendment that has failed to receive the approval of the Commission shall not be passed by Council except by a three fourths vote. After the report of the Commission has been submitted to the Clerk of Council, the Clerk shall set a date for a public hearing before Council on the proposed amendment and shall cause public notice of such hearing to be published in a newspaper having a general circulation in the City, such notice to be published for one time and at least thirty days prior to the date of such hearing. Where the proposed amendment effects a change in the use districts set forth in this Zoning Code, written notice of the hearing before Council, but not notice of the hearing before the Commission shall be mailed by the Clerk, by certified mail, at least twenty days before the date of the public hearing, to the owners of property within and contiguous to the area which is the subject of the proposed change in use district, such notices to be sent to the addresses of such owners appearing on the current tax roll, list or duplicate of the County or to the address of the property. The failure of delivery of such notice shall not invalidate any such amendment. The hearings before the Commission and Council on proposed amendments may be continued from time to time without further notice. Amendments proposed by the Commission under authority conferred by the City Charter on that body shall be subject to the same procedure, except that such amendments need not be introduced in Council before the hearing of the Commission. If a protest

against such amendment is presented duly signed and acknowledged by the owners of twenty percent of the land within such area proposed to be altered, such amendment shall not be passed except by a three fourths vote of Council. If such amendment will transfer an area to a less restrictive use, height or area district and a protest is presented duly signed and acknowledged by the owners of twenty percent of the land adjacent to and within 200 feet from such area proposed to be transferred and within a more restricted use, height or area district than the district in which such area is proposed to be

transferred, such amendment shall not be passed except by a three fourths vote of Council. If any area is hereafter transferred to another district by a change in the district boundaries by amendment as provided in this section, the provisions of this Zoning Code with regard to buildings or premises existing at the time of the passage of this Zoning Code shall apply to buildings or premises existing in such transferred area at the time of the passage of such amendment.

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

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

CROSS REFERENCES

Fence definitions - see P. & Z. 1165.01

Air conditioning unit defined - see P. & Z. 1167.01

Multiple dwelling defined for licensing - see BLDG. 1333.01

1133.01 GENERALLY.

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

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

1133.02 ACCESSORY USE OR BUILDING.

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

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

1133.03 APARTMENT.

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

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

1133.04 APARTMENT HOUSE.

An "apartment house" is a building arranged, intended or designed to be occupied by three or more families living independently of each other and doing their own cooking upon the premises or by three or more individuals or groups of individuals living independently but having a common heating system and a general dining room.

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

2001 Replacement

A "double house" is a two single family dwelling with a party wall between, each dwelling having an area of not less than 1,000 square feet, exclusive of a basement, utility room or attached garage.

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

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

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

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

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

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

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

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

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

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

"Row housing" is a series of attached dwellings in the form of a terrace or row, having separate entranceways for the individual living units.

A "shopping center" is a coordinated retail business development consisting of a concentrated grouping of buildings architecturally similar in design planned as a unit and constructed in accordance with such plan, providing for parking of motor vehicles of the employees, patrons, licensees, clients, guests, tenants or other occupants or users of the businesses, services or other uses of the development.

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

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

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

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

CROSS REFERENCES

Zoning Map changes listed see PRELIM, TABLE I

U8A uses see P. & Z. 1159.02

1135.01 DIVISION INTO DISTRICTS, BOUNDARIES.

(a) For the purpose of regulating and restricting the location of trades, industries, apartment houses, two family houses and other uses of property, the number of square feet of lot area per family houses, the width of lots, the location and size of yards and the height of buildings, the City is hereby divided into classes of use districts, termed respectively U1 or Single Family House Districts, U2 or Two Family House Districts, U2A or Expressway Residence Districts, U2B or Erieside Apartment Districts, U2C or Vine Eastlake Apartment Districts, U2D or Lakefront Apartment Districts, U3 or Apartment House Districts, U3A or Shopping Center Districts, U3B or Small Coordinated Group Retail Store Districts, U4 or Local Retail Store Districts, US or Commercial Districts and U8A or Light Industry Districts; and into three classes of height districts, termed respectively H 1, H 2 and H 3; and into three classes of area districts, termed respectively A1, A2 and A3; all as shown on the Zone Map which accompanies this Zoning Code and which is hereby declared to a part hereof. On such map all property in the City is hereby classified in the U1 Use District except the property described in the following subsections:

(Ord. 56 32. Passed 9 5 56; Ord. 57 26. Passed 8 21 57; Ord. 59-115. Passed 4 6 60; Ord. 60 42. Passed 4 5 61; Ord. 63 15. Passed 6 19 63; Ord. 66 28. Passed 9 7 66; Ord. 69 38. Passed 3 2 70; Ord. 70 35. Passed 9 8 70; Ord. 2001-37. Passed 7-10-01.)

(b) U3A Shopping Center District Boundaries. That portion of Original Lot No. 5, Tract No. 15, and that portion of original Lot No. 1, Tract No. 16 of Willoughby Township described as beginning in the southeasterly line of Lake Shore Boulevard, eighty feet wide, at a point which bears northeasterly 1510 feet from the intersection of such line with the northeasterly line of East 293 Street, sixty feet wide; thence south 57^o 59' 50", east 800 feet, thence north 29^o 45' east 670 feet to a point which is 845 feet southeasterly measured along a line parallel with the northeasterly line of East 293rd Street, from the southeasterly line of Lake Shore Boulevard as aforesaid; thence north 48^o 00' east 820 feet to a point in the southwesterly line of East 305th Street, sixty feet wide; thence north 38^o 19' 30" west along the southwesterly line of East 305th Street 480 feet to an angle

2001 Replacement

point therein; thence north 13^o 19" west along a westerly line of East 305th Street to another angle point therein; thence north 35^o 41' west continuing along the westerly line of East 305th Street to its intersection with the southeasterly line of Lake Shore Boulevard as aforesaid; thence southwesterly along the southeasterly line of Lake Shore Boulevard to the place of beginning.

Situated in the City of Willowick, County of Lake and State of Ohio, being known as a part of Original Lot No. 5, of Tract No. 15 in Willoughby Township, now a part of the City of Willowick, and is further bounded and described as follows: Beginning at a point in the center line of East 293rd Street at the northwesterly corner of a 3.022 acre parcel of land conveyed to the Willoughby Eastlake City School District Board of Education by deed recorded in Volume 358, Page 437, Lake County Record of Deeds; from which point an iron pipe stake marking an angle in the center line bears S 57^o 55' 38" E a distance of 622.73 feet. Thence N 57^o 55' 38" W along such center line a distance of 720.12 feet to the center line of Lake Shore Boulevard (eighty feet wide); thence N 36^o 33' 05" E along the center line of Lake Shore Boulevard as now traveled and improved a distance of 1447.74 feet to a point of curvature; thence still along such center line of Lake Shore Boulevard by the arc of a circular curve deflecting to the left (such curve having a radius of 968.05 feet, a central angle of 5^o 32' 31", and whose chord bears N 33^o 46' 50" E a distance of 93.59 feet) a distance of 93.62 feet to a point; thence S 57^o 55' 38" E along the westerly line of a 38.443 acre parcel of land conveyed to Shoregate Stores, Inc. by deed recorded in Volume 363, Page 95, Lake County Record of Deeds, a distance of 840 feet to an iron pipe stake set in concrete marking an angle in the westerly line of Shoregate Subdivision No. 1 as recorded in Volume J, Page 54, Lake County Record of Plats; thence S 16^o 32' 31" W along the westerly boundary of such Shoregate Subdivision No. 1 a distance of 632.75 feet to a point; thence N 57^o 55' 38" W a distance of 332.53 feet to a point; thence S 36^o 33' 05" W a distance of 930.09 feet to the place of beginning (at a distance of 900 feet passing through an iron pipe stake set in concrete marking the northeasterly line of East 293rd Street) containing 28.5462 acres of land according to a description prepared by Homer A. Cole, Ohio Registered Surveyor No. 1335.

(c) U4 Local Retail Store District Boundaries. That portion of the property of Harry Thamar lying between the so called Voth property described in the ordinance adopted by the electors at the regular election November 8, 1927, being the ordinance set forth in full in Ordinance No. 572, and Sublot 119 of the Erieside Subdivision, between Vine Street and the westwaxdly projection of the line separating Sublots 33 and 119 in Erieside Subdivision; and Sublots 103, 104, 105, 106, 115, 116, 117 and 118 and 119 in Erieside Subdivision;

All of the sublots bounding and abutting upon the north side of Vine Street between East 315th and East 326th Street;

Sublots 90 and 102 in the Vinewood Beach Allotment and Sublot 61 in the Permanent Homes Subdivision;

All of that triangular portion of land bounded on the northwesterly side by the northeasterly projection of the center line of that portion of Willowick Drive lying south of Vine Street, on the east by the easterly City line and on the south by Vine Street;

All of sublots bounding and abutting upon the south side of Vine Street between Lake Shore Boulevard and the easterly line including Sublot 17 in the Powell Subdivision and Sublots 35, 150 and 276 in the Bayridge Subdivision, together with the following sublots which are adjacent to such sublots on Vine Street or when grouped together form an area adjacent to such sublots on Vine Street; Sublots 64, 65, 88, 89, 98, 101 and 102 in the Vinewood Allotment, Sublots 3, 4, 41, 155, 156, 231, 239, 240 and 241 in the Bayridge Subdivision; provided, however, that none of the sublots which are not bounding or abutting upon Vine Street and neither of Sublots 90 and 102 in the Vinewood Beach Allotment may be used for business purposes except in connection with or as a part of the development of property bounding and abutting upon Vine Street and no business shall be established on any such sublots so that the same fronts on any street other than Vine Street;

Lake Shore Boulevard, south side, Sublots numbered 401 to 407, inclusive, of the V'hitewood Subdivision, and the land fronting on such Boulevard between Sublot 407 and the projection southerly of the easterly line of Sublot 407 and East 291 st Street and extending back from such Boulevard south to the north side of Woodmere Drive and the westerly projection of Woodmere Drive;

Lake Shore Boulevard, north side, the sublots fronting thereon and lying between East 288th Street (Gilchrist Drive) and East 291 st Street;

Situated in the City of Willowick, County of Lake and State of Ohio and known as being Sublots 268, 269, 270, 277, 278, 279, 280 and 281 in the Bayridge Subdivision, as shown by the recorded plat in Volume G, page 67 of Lake County Records of Plats, and in addition thereto including that strip of land included within that portion of the dedicated right of way of East 310th Street which abuts and is adjacent to Sublots 277, 278, 279, 280 and 281, and which strip of land is bounded on the southwest by the center line of East 310th Street, on the northeast by the southwesterly boundary of Sublots 277, 278, 279, 280 and 281, and on the northwest by the northwesterly boundary line, extended, of Sublot 277, and is bounded on the southeast by the southerly boundary line, extended, of Sublot 281.

A triangular parcel of real estate situated at the intersection of and lying between Lake Shore Boulevard and Vine Street in the Village of Willowick, Lake County, Ohio, the legal title to which now (November 8, 1927) stands in the name of Jennie Voth and is described as follows:

Situated in the Township of Willoughby, County of Lake and State of Ohio, and shown as being part of Sublots 2 and 3, Tract 16, bounded and described as follows: Beginning at a stone monument at the intersection of the center line of Lake Avenue with the westerly line of land conveyed to E.J. Cody by deed recorded in Volume 33, page 63 of Lake County

Records, thence north 40^o east along the center line of Lake Avenue, 437.74 feet to a point; thence south 38^o 53' East, 501.05 feet to a point in the center line of Vine Street; thence north 86^o 45' west along the center line of Vine Street, 576.06 feet to a point in the aforesaid E.J. Cody's westerly line; thence north 43^o 17' west along such westerly line 30.28 feet to the place of beginning and containing 2.608 acres of land.

(d) U2A Expressway Residence District Boundaries. Situated on the northerly side of the Lakeland Expressway between East 305th Street and the easterly corporation line and more particularly described as follows:

Situated in the City of Willowick, County of Lake and State of Ohio, being a part of Original Lot No. 4 of Tract 15, Willoughby Township, now a part of the City of Willowick, and is bounded and described as follows.

Beginning in the southwesterly corner of Sublot 1 of Bayridge Resubdivision No. 6, thence N 61^o 00' 54" E along the southerly line of Sublot 1 a distance of 150 feet to the westerly line of Deborah Drive. Thence S 28^o 59' 06" E along the southerly line a distance of about 260 feet to the northerly line of the right of way of S. R. No. 2 as established by the State of Ohio, Department of Highways.

Thence southwesterly along the right of way line a distance of about 151 feet to the westerly line of Bayridge Resubdivision No. 6 extended southeasterly.

Thence N 28^o 59' 06" W along such extended line a distance of about 276 feet to the place of beginning containing about 0.92 acres of land according to a description prepared by Homer A. Cole, Ohio Registered Surveyor No. 1335.

(See subsection (m) hereof for rezoning to Class U1 Single Family House District.)

Situated in the City of Willowick, County of Lake and State of Ohio, being a part of Original Lot Nos. 2 and 4 of Tract 15, Willoughby Township, now a part of the City of Willowick, and is bounded and described as follows.

Beginning in the southwesterly corner of Sublot 33 of Bayridge Subdivision No. 6, thence N 61^o 00' 54" E along the southerly line of such sublot a distance of 150 feet to a point.

Thence S 28^o 59' 06" E a distance of 5.35 feet to the southwesterly corner of Sublot 9 of Bayridge Resubdivision No. 6.

Thence S 89^o 38' 16" E a distance of 771.25 feet to the westerly line of Bayridge Boulevard.

Thence southeasterly along the westerly line of Bayridge Boulevard to its intersection with the northerly line of S. R. 2 as established by the State of Ohio, Department of Highways.

Thence southwesterly along such northerly line a distance of about 805 feet to the easterly line of Deborah Drive.

Thence N 29^o 09' 56" W along such easterly line a distance of about 657 feet to the place of beginning, containing approximately 8.89 acres of land according to a description prepared by Homer A. Cole, Ohio Registered Surveyor No. 1335.

Situated in the City of Willowick, County of Lake and State of Ohio, being a part of Original Lot No. 2 of Tract 15, Willoughby Township, now a part of the City of Willowick, and is bounded and described as follows.

Beginning in the southwesterly corner of Sublot 32 of Bayridge Resubdivision No. 6, thence N 79^o 01' 52" E along the southerly line of such sublot a distance of 130.55 feet to a point.

Thence S 89^o 38' 16" E a distance of 312.03 feet to the southeasterly corner of Bayridge Resubdivision No. 6.

Thence S 0^o 06' 59" W a distance of about 213 feet to the northerly line of 14.53 acre parcel of land conveyed to Gar J. Pierce.

Thence S 89^o 58' 07" W along the northerly line a distance of 269.71 feet to a stone monument in the northwesterly corner of such 14.535 acre parcel.

Thence southerly a distance of about 265 feet to the northerly line of S.R. No. 2 as established by the State of Ohio, Department of Highways.

Thence southwesterly along such right of way line a distance of about 100 feet to the easterly line of Bayridge Boulevard.

Thence northwesterly along the easterly line of Bayridge Boulevard a distance of about 510 feet to the place of beginning containing 3.03 acres of land according to a description prepared by Homer A. Cole, Ohio Registered Surveyor No. 1335.

Situated in the City of Willowick, County of Lake and State of Ohio, known as being a part of Original Lot No. 2, Tract No. 15 in Willoughby Township, now a part of the City of Willowick and is further bounded and described as follows.

Beginning at a point in the northwesterly corner of a 14.535 acre parcel of land presently belonging to Gar J. Pierce. Thence N 89^o 58' 07" E a distance of about 431 feet to a point in the northerly line of S.R. No. 2 as established by the State of Ohio, Department of Highways.

Thence southwesterly along the northerly line a distance of about 507 feet to a point in the westerly line of such 14.535 acre parcel.

Thence north along the westerly line a distance of about 265 feet to the place of beginning containing approximately 1.31 acres of land according to a description prepared by Homer A. Cole, Ohio Registered Surveyor No. 1335.

Situated in the City of Willowick, County of Lake and State of Ohio, being a part of Original Lot No. 2, Tract 15 in Willoughby Township, now a part of the City of Willowick and is further bounded and described as follows.

Beginning at a point in the easterly line of Bayridge Resubdivision No. 6 where it is intersected by the dividing line between Original Lot No. 1 and Original Lot No. 2, Tract 15.

Thence S 85^o 36' 00" E along such dividing line a distance of 232 feet to the northeast corner of Original Lot No. 29 being also in the westerly line of the City of Eastlake. Thence S 4^o 25' 00" W along such westerly line a distance of about 725 feet to the northerly line of S.R. No. 2 as established by the State of Ohio, Department of Highways.

Thence southwesterly along the northerly line of S.R. No. 2 a distance of about seventy feet to the northerly line of a 14.535 acre parcel of land presently belonging to Gar J. Pierce.

Thence N 85^o 36' 00" W along the northerly line of the 14.535 acre parcel a distance of about 172 feet to the southwesterly corner of the 4.089 acre parcel of land conveyed to John A. and Rose M. Kusar by deeds recorded in Volume 247, Page 344, Lake County Record of Deeds.

Thence N 4^o 25' 00" E a distance of 767.80 feet to the place of beginning containing 4.05 acres of land according to a description prepared by Homer A. Cole, Ohio Registered Surveyor No. 1335.

(f) U2B Erieside Apartment District Boundaries. Situated on the southerly side of Lake Shore Boulevard and adjacent to the east side of East 315th Street and more particularly described as follows:

Situated in the City of Willowick, County of Lake and State of Ohio and known as being Sublots 42, 43, 44, 45, and 47 in Grace B. Cody's Erieside Subdivision of part of Original Willoughby Township Lots Nos. 2 and 3, Tract 16, as shown by the recorded plat in Volume B of Maps, Page 50 of Lake County Records, such land being located at the southeast corner of Lake Shore Boulevard and East 315th Street, north of Orchard Avenue and having a frontage of 361.74' on Lake Shore Boulevard and 359.24' on East 315th Street and containing approximately 150,000 square feet.

Such area shall not be subdivided, platted, replatted and may not be separated by sale or encumbrance of a portion only thereof without the prior approval by Council and compliance with such other provisions of law as may be applicable thereto.

(g) U2C Vine Eastlake Apartment District Boundaries. Situated on the northerly side of Vine Street and more particularly described as follows:

Situated in the City of Willowick, County of Lake and State of Ohio and known as being part of Original Willoughby Township Lot No. 8, in Tract No. 16 and further bounded and described as follows: Beginning at the point of intersection of the easterly line of land conveyed to the R. and G. Building Co. by deed dated November 6, 1957 as recorded in Volume 446, Page 33 of Lake County Deed Records, with the center line of Vine Street (sixty feet wide).

Course 1 Thence North 88^o 38' 00" East along the center line of Vine Street, 196.20 feet to a point;

Course 2 Thence North 1^o 27' 53" West along an easterly corporation line of the City of Willowick, 1099.87 feet to a point in the northwesterly line of Original Lot No. 8;

Course 3 Thence South 42^o 19' 40" West along the northwesterly line of Original Lot No. 8, 280.91 feet to a point;

Course 4 Thence South 1^o 20' 58" East along the easterly line of the land conveyed to the R. and G. Building Co., 896.76 feet to the place of beginning and containing 4.474 acres of land, be the same, more or less, but subject to all legal highways.

Such area shall not be subdivided, replatted and may not be separated by sale or encumbrance of a portion only thereof without the prior approval by Council and compliance with such other provisions of law as may be applicable thereto.

(h) U2D Lakefront Apartment District Boundaries. Bounded by Lake Shore Boulevard, the extension of Vine Street from Lake Shore Boulevard to Lake Erie, the shoreline of Lake Erie, and the Willo Beach Allotment boundary, and more particularly as follows:

Situated in the City of Willowick, County of Lake and State of Ohio, being parts of Original Lot Nos. 1 and 2, in Tract No. 16, Willoughby Township, now a part of the City of Willowick, and is bounded and described as set forth below:

Beginning in the northerly boundary of the City of Willowick along the shore of Lake Erie where it is intersected by the easterly line of the Will O Beach Improvement Co.'s. Subdivision, as recorded in Volume I, Page 23, Lake County Record of Plats.

Thence northeasterly along the northerly boundary of the City of Willowick, to its intersection with the center line of Vine Street Extension as established in Volume B, Lake County Road Record.

Thence southeasterly along the center line of Vine Street Extension to its intersection with the center line of Lake Shore Boulevard (S.R. No. 283) as it is presently (1968) improved and monumented.

Thence southwesterly along the center line of Lake Shore Boulevard to its intersection with the easterly line of the Will O Beach Co. 's. Subdivision.

(i) U3A Shopping Center District Boundaries. Situated in the City of Willowick, County of Lake and State of Ohio, being known as a part of Original Lot No. 5 of Tract No. 15 in Willoughby Township, now a part of the City of Willowick, and is further bounded and described as follows:

Beginning at a point in the center line of East 293rd Street at the northwesterly corner of a 3.022 acre parcel of land conveyed to the Willoughby Eastlake City School District Board of Education by deed recorded in Volume 358, Page 437, Lake County Record of Deeds; from which point an iron pipe stake marking an angle in the corner line bears S 57^o 55' 38" E a distance of 622.73 feet. Thence N 57^o 55' 38" W along such center line a distance of 720.12 feet to the center line of Lake Shore Boulevard (eighty feet wide); thence N 36^o 33' 05" E along the center line of Lake Shore Boulevard as now traveled and improved a distance of 700 feet and thence in a southeasterly direction along an imaginary line which is at all points equidistant from the westerly line or extension thereof of the pavement or blacktop driveway area of the Shoregate Shopping Center being the commercial structures situated within the class U3A use district as heretofore established by Ordinance No. 4 of the City of Willowick, as amended, as such westerly line existed on May 25, 1965, to the point where such imaginary line intersects the northerly property line of property owned on May 25, 1965, by the Board of Education of the Willoughby Eastlake City School District, and from such point of intersection westerly along the northerly property line of property owned on May 25, 1965. by the Board of Education of the Willoughby Eastlake City School District to the place of beginning.

(j) U3B Small Coordinated Group Retail Store District Boundaries. Situated south of Lake Shore Boulevard and between East 310th Street and Bayridge Boulevard, more particularly described as follows:

Situated in the City of Willowick, County of Lake and State of Ohio and known as being Sublots 524, 527, 528, 529, 530 and 531 in Bayridge Resubdivision of part of Original Willoughby Township Lot No. 2, Tract No. 16, as shown by the recorded plat in Volume G of Maps, Page 101 of Lake County Records and part of Original Willoughby Township Lots Nos. 1 and 2, Tract No. 16 and together forming a parcel of land bounded and described as follows:

Beginning on the northerly line of Bayridge Boulevard, at the southeasterly corner of Sublot 524; thence westerly along the northerly line of Bayridge Boulevard, 477.65 feet to the southerly end of the curved turnout between such northerly line and the southeasterly line of Lake Shore Boulevard (eighty feet wide); thence northerly along such curved turnout, 44.31 feet to the southeasterly line of Lake Shore Boulevard; thence northeasterly along the southeasterly line of Lake Shore Boulevard, 1200.76 feet to the westerly end of the curved turnout between the southeasterly line of Lake Shore Boulevard (eighty feet wide) and the southwesterly line of East 310th Street (formerly Ashbrook Boulevard); thence easterly along the curved turnout, to the southwesterly line of East 310th Street; thence southeasterly along the southwesterly line of East 310th Street, 507.94 feet to the northerly end of the curved turnout between the southwesterly line of East 310th Street and the northwesterly line of East 308th Street (formerly Chaumont Road); thence southwesterly along the curved turnout, 57.20 feet to the northwesterly line of East 308th Street; thence southwesterly along the northwesterly line of East 308th Street, 337.98 feet to the most easterly corner of Sublot 517 in the Bayridge Resubdivision as aforesaid; thence northwesterly along the northeasterly line of Sublot 517, 202.12 feet to the most easterly corner of Sublot 527; thence southwesterly along the southeasterly line of Sublots 527, 528 and 529, 297.33 feet to the most northerly corner of Sublot 524; thence southerly along the easterly line of Sublot 524, 175.13 feet to the place of beginning, be the same more or less but subject to all legal highways.

(k) U3C Small Coordinated Group Office Commercial District Boundaries. Situated south of Lake Shore Boulevard between East 291st Street and East 293rd Street, more particularly described as follows:

Parcel No. 1. Situated in the City of Willowick, County of Lake and State of Ohio, and known as being part of Original Willoughby Township Lot No. 5 and Lot No. 8, Tract No. 15, and bounded and described as follows Beginning at an iron pin in the southeasterly side line of Lake Shore Boulevard as now widened to 80 feet, which point is in the northeasterly line of land now or formerly owned by Lucie Jaster and is south 40^o 43' east a distance of 50 feet from the old center line of Lake Shore Boulevard, 60 feet wide; thence north 49^o 17' 00" east along the southeasterly line of Lake Shore Boulevard a distance of 187 0/100 feet to the principal place of beginning; thence containing along the southeasterly line of Lake Shore Boulevard north 49^o 17' 00" east a distance of 150 0/100 feet; thence south 40^o 43' 00" east a distance of 210 0/100 feet; thence south 49^o 17' 00" west parallel to Lake Shore Boulevard a distance of 150 0/100 feet; thence north 40^o 43' 00" west a distance of 210 0/100 feet to the principal place of beginning, containing 725/1000 acre of land; 0 29/100 acre being in Original Lot No. 5, Tract 15, and 0-435/1000 acre being in Original Lot No. 8, Tract 15.

Parcel No. 2. Situated in the City of Willowick, County of Lake and State of Ohio and known as being Sublot No. 1 in Willowick Villas Subdivision No. 2 of part of Original Willoughby Township Lots Nos. 5, 6 and 8, Tract No. 15 as shown by the recorded plat in Volume H of Maps, Page 144 of Lake County Records and being 76 feet front on the southeasterly side of Lake Shore Boulevard and extending back of equal width between parallel lines 150 feet, as appears by such plat, be the same more or less, but subject to all legal highways.

Parcel No. 2A. Situated in the City of Willowick, County of Lake and State of Ohio and known as being the rear 75 feet of Sublot No. 4 in Willowick Villas Subdivision No. 2 of part of Original Willoughby Township Lots Nos. 5, 6 and 8, Tract No. 15 as shown by the recorded plat in Volume H of Maps, Page 144 of Lake County Records and being 62.07 feet wide in the rear; 62.84 feet wide on the northerly line and 75 feet wide on each side line and containing 0.107 acre of land as appears by such plat, be the same more or less, but subject to all legal highways, as described and computed by the Clark & Pike Co.

Parcel No. 3. Situated in the City of Willowick, County of Lake and State of Ohio and known as being Sublot No. 2 in Willowick Villas Subdivision No. 2 of a part of Original Willoughby Township Lots Nos. 5, 6 and 8, Tract No. 15, as shown by the recorded plat of such subdivision in Volume H of Maps, Page 144 of Lake County Records. Such Sublot No. 2 has a frontage of 76 feet on the southeasterly side of Lake Shore Boulevard and extends back between parallel lines 150 feet, as appears by such plat, be the same more or less, but subject to all legal highways.

Parcel No. 4. Situated in the City of Willowick, County of Lake and State of Ohio, and known as being Sublot No. 3 in Willowick Villas Subdivision No. 2 of part of Original Willoughby Township Lots Nos. 5, 6 and 8, Tract No. 15, as shown by the recorded plat of such subdivision in Volume H of Maps, Page 144 of Lake County Records. Such Sublot No. 3 has a frontage of 79.46 feet on the southeasterly side of Lake Road aka Lake Shore Boulevard, and extends back 167.66 feet on the northeasterly line, which is the southwesterly side of East 293rd Street, 150 feet on the southwesterly line and 127.93 feet on the southeasterly line, as appears by such plat.

(l) U8A Light Industry District Boundaries. Situated in the City of Willowick, County of Lake and State of Ohio, being a part of Original Lot No. 2 and a part of Original Lot No. 4 of Tract No. 15, and a part of Original Lot No. 8 and part of Original Lot No. 5 of Tract No. 11, Willoughby Township, now in the City of Willowick, and is further bounded and described as follows:

Beginning at a point in the center line of Lakeland Boulevard (formerly St. Clair Avenue) as it is presently established (March 2, 1957) where it is intersected by the dividing line between the City of Willowick and the City of Wickliffe, such dividing line also being the dividing line between Tract No. 15 and Tract No. 11.

Thence northeasterly along the center line of Lakeland Boulevard a distance of approximately 1830 feet to a point where such center line is intersected by the dividing line between the City of Eastlake, and the City of Willowick, such dividing line being also the easterly line of Original Lot No. 2 and also the easterly line of 14.535 acre parcel of land presently owned by Elsa Mulhauser.

Thence southerly along the dividing line between the City of Willowick and the City of Eastlake a distance of approximately 450 feet to an angle point in such dividing line.

Thence southeasterly along the dividing line a distance of approximately 730 feet to a point in the southerly right of way line of the New York, Chicago and St. Louis Railroad.

Thence still southeasterly along the dividing line between the City of Willowick and the City of Willoughby a distance of approximately 990 feet to the center line of Euclid Avenue (U.S. Route No. 20).

Thence southwesterly along such center line, which is also the dividing line between the City of Willowick and the City of Wickliffe a distance of approximately 1880 feet to an angle point in such center line and the dividing line.

Thence still southwesterly along the center line and such dividing line a distance of approximately 355 feet to a point in the westerly line of Original lot No. 8.

Thence northerly along the westerly line of Original Lot No. 8 which is also the dividing line between the City of Willowick and the City of Wickliffe a distance of about 2130 feet to a point in the northerly line of Tract No. 11.

Thence westerly along the tract line which is also the dividing line between the City of Willowick and the City of Wickliffe a distance of approximately 140 feet to the place of beginning containing approximately 47.44 acres of land according to a description prepared by Homer A. Cole, Ohio Registered Surveyor No. 1335.

The use, height and area districts designated on the Zone Map are hereby established. The map designations and the map designation rules, which accompany the Map, are hereby declared to be part thereof. No building or premises shall be erected or used except in conformity with the regulations herein prescribed for the use, height and area districts in which such building or premises is located.

(m) Class U1 Single Family House District Boundaries. The following property being describe subsection (e) hereof:

Situated in the City of Willowick, County of Lake, State of Ohio and known as part of Original Willoughby Township Lot No. 2 in Tract No. 15 and further bounded and described as follows:

Beginning at the point of intersection of an easterly corporation line of said City of Willowick with the northwesterly right of way line of the Lakeland Freeway;

Thence southwesterly along said northwesterly right of way line to a point in the southerly line of land conveyed to Clarence G. Issenmann by deed recorded in Volume 661, Page 441, Lake County Deed Records;

Thence westerly along said southerly line to a point in the westerly line of said Issenmann's land;

Thence northerly along said westerly line to a point in the northerly line of said Issenmann's land, said northerly line also being a corporation line of said City of Willowick;

Thence easterly along said northerly line to a point in said easterly corporation line;

Thence southerly along said easterly line to the place of beginning and containing about 4.1 acres of land, be the same more or less, but subject to all legal highways; is hereby rezoned from U2A Expressway Residence District to U1 Single Family House District.

EDITOR'S NOTE: See also the following sections for various district permitted uses:

For the purposes of this Zoning Code the various uses of buildings and premises are divided into groups, classes and subdivisions as set forth in the following classification of uses.

(3) Community center building, private club, excepting a club, the chief activity of which is a service customarily carried on as a business. Philanthropic or eleemosynary use or institution other than a penal or correctional institution. Hospital or sanitarium other than for the insane or feeble minded.

(4) Public park, public playground, public recreation building, water tower or reservoir.

(2) Retail store or shop for custom work or the making of articles to be sold only at retail on the premises, but not including stores or any other places where alcoholic beverages are sold by the glass or for consumption on the premises.

(2) Skating or dance hall, if operated as a business for the purpose of private profit.

(2) Warehouse for or storage in bulk in the open of building materials, contractors equipment, lumber, ice, coal, wood or household goods.

(3) Ice manufacture, ice cream manufacture, bottling works, milk bottling of central distribution station, cold storage plant.

(6) Interurban freight terminal, street car barn, stable or wagon shed for more than five horses or wagons.

(12) Stable or wagon shop for not more than five horses or wagons. Distributing stations for central retail stores.

(14) Automobile agencies for the sale of new or used motor vehicles, with service garage accessory thereto and enclosed in the same building as the automobile agency; all merchandise displayed or sold by such automobile agency shall be kept inside of buildings; each building housing an automobile agency shall have a floor area within inside faces of walls or partitions of not less than 4,500 square feet per floor or story; and automobile agencies shall, in addition to the foregoing, fully comply with all reasonable regulations which may be established by the Board of Zoning Appeals relating to safety and parking.

(6) Store or other places where alcoholic beverages are sold by the glass or for consumption on the premises.

(i) Class U8 uses. Manufacture or industrial operation, except for the following, which are prohibited:

CROSS REFERENCES

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163.01, 1163.02

Fence regulations see P. & Z. Ch. 1165

Air conditioning units see P. & Z. 1167.01

1137.01 PERMITTED USES.

In a Class U1 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, for a Class U2, U3, U4, U5, U6, U7 or U8 use. In a Class U1 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, other than for a Class U1 use. In any part of a Class U1 District, that is within a Class A1 District, no building shall be used and no building shall be erected which is arranged, intended or designed to be used, as a semidetached single family dwelling or double house.

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

1137.02 ACCESSORY USES.

An accessory use customarily incident to a Class U1 use shall also be permitted in a Class U1 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory in a U1 District a private garage permitted as an accessory use shall not provide storage for more than one motor vehicle for each 2,000 square feet of the lot area. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use. The placing of a "for sale" or "for rent" sign shall, however, be permitted as an accessory use. In a Class U1 District a private driveway or walk used for access to a Class U3, U4 or U5 use shall in no case be permitted as an accessory use. A store, trade or business shall not be permitted as an accessory use except that the office of a physician or surgeon may be located in the dwelling used by such physician or surgeon as his private residence, and except that any person carrying on a customary home occupation may do so in a dwelling used by him as his private residence, provided that no person other than members of his own household are employed in such occupation, and provided further that no window display or signboard is used to advertise such occupation. In a dwelling occupied as a private residence, one or more rooms may be rented or table board furnished provided no window display or signboard is used to advertise such use. (Ord. 4. Passed 4 7 24; Ord. 2001-37. Passed 7-10-01.)

2001 Replacement

CROSS REFERENCES

Permitted uses see P. & Z. 1135.02(b)

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163.01, 1163.02

Fence regulations see P. & Z. Ch. 1165

Air conditioning units see P. & Z. 1167.01

1139.01 PERMITTED USES.

In a Class U2 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, for a Class U3, U4, U5, U6, U7 or U8 use. In a Class U2 District no building or premises shall be used which is arranged, intended or designed to be used other than for a Class U1 or U2 use.

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

1139.02 LOTS FOR CHURCHES, SCHOOLS, LIBRARIES, MUSEUMS.

(a) In a Class U2 District no building shall be erected which is arranged, intended or designed for a use enumerated in Section 1135.02(b)(2) of Class U2 uses unless such building is located on a lot:

(1) Already devoted to a use enumerated in Section 1135.02(b)(2);

(2) Fronting on a portion of a street between two intersecting streets in which portion there exists a building of a kind enumerated in either subsections (2) or (3) of Section 1135.02(b) of Class U2 uses;

(3) Immediately adjacent to or across the street from a public park or public playground;

(4) Fronting on a street having streetcar tracks therein opposite such lot;

(5) Fronting on a portion of a street between two intersecting streets in which portion there exists premises devoted to a Class U7 use or to a nonconforming use;

(6) Immediately adjoining or immediately opposite on the other side of the street from a Class U2, U3, U4 or U5 District.

(Ord. 751. Passed 7 14 52; Ord. 2001-37. Passed 7-10-01.)

2001 Replacement

(a) In a Class U2 District no building shall be erected which is arranged, intended or designed for a use enumerated in Section 1135.02(b)(3) of Class U2 uses:

(2) Fronting on a portion of a street between two intersecting streets in which portion there exists a building of a kind enumerated in Section 1135.02(b)(3);

(3) Immediately adjacent to or across the street from a public park or playground;

(4) Immediately adjoining or immediately opposite on the other side of the street from a Class U2, U3, U4 or U5 District; or

(5) Determined by the Board of Zoning Appeals or the Chief Zoning Inspector after public notice and hearing to be so located that such building will, in the judgment of the Board of Zoning Appeals or Chief Zoning Inspector, substantially serve the public convenience and welfare and will not substantially and permanently injure the appropriate use of neighboring property.

An accessory use customarily incident to a Class U1 or U2 use shall also be permitted in a Class U2 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory. In a U2 District a private garage permitted as an accessory use shall not provide storage for more than one motor vehicle for each 2,000 square feet of the lot area. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use. The placing of a "for sale" or "for rent" sign shall, however, be permitted as an accessory use. In a Class U2 District a private driveway or walk used for access to a Class U3, U4 or U5 use shall in no case be permitted as an accessory use. A store, trade or business shall not be permitted as an accessory use except that the office of a physician or surgeon may be located in the dwelling or apartment used by such physician or surgeon as his private residence, and except that any person carrying on a customary home occupation may do so in a dwelling or apartment used by him as his private residence, provided that no person other than members of his own household are employed in such occupation, and provided further that no window display or signboard is used to advertise such occupation. In a dwelling or apartment occupied as a private residence, one or more rooms may be rented or table board furnished provided no window display or signboard is used to advertise such use.

CROSS REFERENCES

Boundaries on Zone Map see P. & Z. 1135.01

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163.01, 1163.02

Licensing multiple dwellings see BLDG. Ch. 1333

1141.01 PERMITTED USES.

The following buildings and uses are permitted in a Class U2A District:

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

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

(Ord. 66 28. Passed 9 7 66; Ord. 2001-37. Passed 7-10-01.)

1141.02 PROHIBITED USES.

(a) In a Class U2A District buildings and land shall not be used; and buildings shall not be erected, altered, moved or maintained which are arranged, intended or designed to be used, for Class U1, U2, U2B, U2C, U3A, U3B, U3C, U4, U5, U6, U7, U8 or U8A uses.

(b) No row housing shall be erected in a Class U2A District.

(Ord. 66 28. Passed 9 7 66; Ord. 2001-37. Passed 7-10-01.)

1141.03 ACCESS AND OFF STREET PARKING.

In a Class U2A District:

(a) The principal means of access and service shall be from access roads constructed in conjunction with the construction of freeways by the Ohio Department of Highways.

(Ord. 66 28. Passed 9 7 66; Ord. 2001-37. Passed 7-10-01.)

2001 Replacement

(b) Off street parking space shall be provided at the rate of at least three spaces for each living unit in a multifamily dwelling.

All principal buildings and structures in a Class U2A District shall be set back at least thirty five feet from any street right of way and at least fifty feet from any adjoining lot zoned for Class U1 or Class U2.

All areas in a Class U2A District used for automobile access and parking shall be paved and in connection with multifamily dwellings be at least ten feet from any adjoining lot zoned for Class U1 or Class U2. All open areas not used for access drives, parking, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

In a Class U2A District the maximum number of dwelling units in a one or one and one half story multi family dwelling shall be eight, and in a two or two and one half story multi family dwelling the maximum shall be twelve.

In a Class U2A District no multi family dwelling shall be erected with a gross floor area in excess of one half of the lot area.

In a Class U2A District no structure shall exceed twenty eight feet in height in its entirety, except that part of the roof may extend up to thirty five feet in height so long as reasonable access is provided to the higher roof for fire fighting purposes, and except as provided in Section 1163.01.

In each multi family dwelling in a Class U2A District each dwelling unit shall have a minimum main floor area of 550 square feet for any efficiency or one bedroom dwelling unit, 610 square feet for a two bedroom dwelling unit and 700 square feet for a three or four bedroom dwelling unit.

(a) The least dimension of the front yard for a one or one and one half story multi-family dwelling shall be thirty five feet, and for a two or two and one half story multi family dwelling shall be fifty feet.

(b) The least dimension of any side yard for a one or one and one half story multi-family dwelling shall be eight feet, and for a two or two and one half story multi-family dwelling, ten feet.

(c) The combined least dimensions of any side yard for a one or one and one half story multi family dwelling shall be twenty feet, and for a two or two and one half story multi family dwelling, twenty five feet.

(d) The minimum lot width for any lot used for a one or one and one half story multi family dwelling shall be fifty feet, and for a two or two and one half story multi family dwelling, sixty feet.

In a Class U2A District a minimum yard area of 700 square feet shall be provided for each living unit, exclusive of parking space or garage space and exclusive of space occupied by the main building.

In a Class U2A District, where a group of multi family dwellings is planned in which the buildings do not all front upon a street, every building shall be separated from every other building on the lot, except accessory buildings not used for residence purposes and not over fifteen feet in height, by a distance of at least one half of the height of the adjacent wall of the higher building but not less than eight feet except that where such space provides all required light and ventilation for any habitable room the distance between such buildings shall be at least twenty five feet, and where such space provides all required light and ventilation for all the habitable rooms the space between such buildings shall be at least fifty feet from a one or one and one half story building and seventy five feet from a two or two and one half story building.

Prior to the preparation of final plans for any project in a Class U2A District and the issuance of building permits for the erection or alteration of buildings therein, there shall be filed with the Chief Building Inspector of the City and other data which shall provide for an integrated and harmonious design of buildings, adequate and properly arranged facilities for off street parking space entirely off the right of way of any public street,

adequate and properly arranged facilities for internal traffic circulation, landscaping and screen planting, public water, sewer and storm water drainage and other facilities as may be necessary for the preservation of the public health, safety, welfare, convenience and comfort. If the Chief Building Inspector finds that such preliminary plans and other data comply with the requirements of this chapter, it shall approve such preliminary plans and authorize the preparation of final construction plans in accordance with such approved preliminary plans. The final construction plans shall be submitted to the Chief Building Inspector for approval and shall be approved if they are in compliance with such approved preliminary plans, all requirements of this chapter and all applicable requirements of these Codified Ordinances. Upon such approval by the Chief Building Inspector, the required building permits shall be issued upon the payment of the standard fees.

CROSS REFERENCES

Boundaries on Zone Map see P. & Z. 1135.01

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163,01, 1163.02

Licensing multiple dwellings see BLDG. Ch. 1333

1143.01 PERMITTED USES AND CONSTRUCTION.

The following buildings and uses are permitted in a Class U2B District: apartment houses arranged, intended and designed to be occupied by three or more families, each family living independently of each other and having its own cooking facilities. Each apartment house in this District shall be constructed with brick exterior and none is to be constructed so as to be more than two stories in height. Each such apartment house shall have a minimum of one utility room as an integral part of its construction which utility room shall have facilities for washing and drying clothing and other household fabrics and at least one locker per suite suitable for storage purposes.

(Ord. 60 42. Passed 4 5 61; Ord. 2001-37. Passed 7-10-01.)

1143.02 PROHIBITED USES.

In a Class U2B District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, for Class U1, U2, U2A, U3A, U3B, U4, U5, U6, U7, U8 or U8A uses, except to the extent expressly permitted in Section 1143.01.

(Ord. 60 42. Passed 4 5 61; Ord. 2001-37. Passed 7-10-01.)

1143.03 OFF STREET PARKING AND GROUNDS.

(a) Open air parking space and driveways shall be not less than seven feet from the lot line of any land zoned for Class U1 or Class U2 uses, and screen planting shall be made between such adjoining lot and such open air parking space or driveway together with a four foot fence, the plans of which are approved by the Chief Building Inspector in accordance with Section 1143.04, extending between the setback lines perpendicular thereto excluding the length of the back wall of any garage built within five feet of such adjoining lot. Such screen planting or fence together with such setback shall also be required between any other lot line of a Class U2B District abutting a street and such open air parking area or driveway, pursuant to plans approved by the Chief Building Inspector as aforesaid.

2001 Replacement

(b) No permit shall be issued for the erection or alteration of a building in a Class U2B District unless there has first been filed with the Chief Building Inspector preliminary plans and other data which shall be approved by the Chief Building Inspector finds that they provide for an integrated and harmonious design of buildings, appropriate entrances to suites, adequate and properly arranged facilities for internal traffic circulation, provisions for primary access, landscaping and screen planting, public water, sewer, storm water drainage and other facilities, all as may be necessary or appropriate to prevent the discouragement of proper development or use of other properties surrounding or in the vicinity of the Class U2B District and to preserve and protect the public health, safety, convenience or comfort.

(c) In a Class U2B District off street parking space shall be provided at the rate of at least three spaces for each suite.

(d) In a Class U2B District facilities shall be provided for the storage of lawn cutting equipment and other tools either in a garage or in buildings suitable for such purpose. (Ord. 60 42. Passed 4 5 61; Ord. 2001-37. Passed 7-10-01.)

(a) The minimum lot area requirements for one bedroom and for two bedroom suites shall be as follows:

The apartment buildings in a Class U2B District shall be limited to one bedroom and two bedroom suites and any group of buildings shall provide for a ratio of two one bedroom suites for each two bedroom suite. Garage area shall be treated as part of the aforesaid off street parking area. Recreational space shall be space set aside, pursuant to plans approved by the Chief Building Inspector, for active and passive recreation, but in no case shall recreational space be deemed to include setback space and space devoted to landscaping immediately adjacent to buildings.

(b) All buildings shall be set back to existing setback lines on Lake Shore Boulevard and Orchard Street and thirty feet from any other street right of way and principal buildings shall be set back at least thirty feet from any adjoining lot zoned for Class U1 or Class U2 uses. Garages and other accessory buildings shall conform to the architecture of the principal buildings and shall be set back at least five feet from any adjoining lot zoned for Class U1 or Class U2 uses. A garage adequate to house at least twenty automobiles shall be constructed in a Class U2B District and, if constructed adjacent to an adjoining lot zoned for Class U1 or Class U2 uses, may be constructed with its back wall up to the lot line of such district notwithstanding any other provision hereof with respect to setback lines pertaining to adjoining lots zoned for Class U1 or Class U2 uses.

(c) All areas used for automobile access and parking shall be paved. All open areas not used for access drives, parking, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

(d) No structure in a Class U2B District shall exceed twenty eight feet in height in its entirety, except that part of the roof may extend up to thirty five feet in height as long as reasonable access is provided to the higher roof for fire fighting purposes, and except as provided in Section 1165.02.

(e) Each suite shall have a minimum main floor area of 550 square feet for a one bedroom unit and 610 square feet for a two bedroom unit.

(f) There shall be a minimum distance of thirty feet between each building in a Class U2B District.

When the Chief Building Inspector has found that the preliminary plans and other data for the buildings under this chapter comply with the requirements of this Zoning Code, including Section 1143.03(b), it shall approve such preliminary plans. Final plans of the project shall also be submitted to and approved by the Chief Building Inspector before construction is started, if it fords that the plans meet the requirements of this Zoning Code, including Section 1143.03(b). The Chief Building Inspector shall issue the required building permits upon payment of the standard fees.

CROSS REFERENCES

Boundaries on Zone Map see P. & Z. 1135.01

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163.01, 1163.02

Licensing multiple dwellings see BLDG. Ch. 1333

1145.01 PERMITTED USES AND CONSTRUCTION.

The following buildings and uses are permitted in a Class U2C District: .

(a) Town Houses. Apartment houses, arranged, intended and designed to be occupied by three or more families, each family living independently of each other and having their own cooking facilities. Each apartment house in this district shall be constructed with brick exterior and none is to be constructed so as to be more than two stories in height. Each such suite shall have one utility room as an integral part of its construction which utility room shall have facilities for washing and drying clothing and other household fabrics. Each such suite shall have adequate storage space. Suites shall have adequate incinerators. Each apartment house in this district shall be constructed in compliance with those codified ordinances.

(b) Garden Type Apartment Houses. Apartment houses, arranged, intended and designed to be occupied by three or more families, each family living independently of each other and having their own cooking facilities. Each apartment house in this district shall be constructed with brick exterior and none is to be constructed so as to be more than two and one half stories in height. Each such apartment house shall have a minimum of one utility room as an integral part of its construction which utility room shall have facilities for washing and drying clothing and other household fabrics and at least one locker per suite suitable for storage purposes.

(Ord. 63 15. Passed 6 19 63; Ord. 2001-37. Passed 7-10-01.)

1145.02 PROHIBITED USES.

In a Class U2C District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used for Class U1, U2, U2A, U3A, U3B, U4, U5, U6, U7, U8 or U8A District, except to the extent expressly permitted in Section 1145.01.

(Ord. 63 15. Passed 6 19 63; Ord. 2001-37. Passed 7-10-01.)

2001 Replacement

(a) Open air parking space and driveways shall be not less than two feet from the lot line of any land zoned for Class U1 or Class U2 uses, and screen planting shall be made between such adjoining lot and such open air parking space or driveway together with a four foot fence, the plans of which are approved by the Chief Building Inspector in accordance with this section, extending between the setback lines perpendicular thereto excluding the length of the back wall of any garage built within five feet of such adjoining lot. Such screen planting or fence together with such setback shall also be required between any other lot line of a Class U2C District abutting a street and such open air parking area or driveway, pursuant to plans approved by the Chief Building Inspector as aforesaid.

(b) No permit shall be issued for the erection or alteration of a building in a Class U2C District unless there shall have first been filed with the Chief Building Inspector, preliminary plans and other data which shall be approved by the Chief Building Inspector finds that they provide for an integrated and harmonious design of buildings, appropriate entrances to suites, adequate and properly arranged facilities for internal traffic circulation, provisions for the primary access, landscaping and screen planting, public water, sewer, storm water drainage and other facilities, all as may be necessary or appropriate to prevent the discouragement of proper development or use of other properties surrounding or in the vicinity of the Class U2C District and to preserve and protect the public health, safety, convenience or comfort. Provided, however, that such plans shall provide for adequate fire mains, fire hydrants and fittings and in these respects the plans shall be subject to the approval of the Fire Chief and the Chief Building Inspector.

(c) In a Class U2C District, off street parking space shall be provided at the rate of at least three spaces for each suite.

(d) In Class U2C District, facilities shall be provided for the storage of lawn cutting equipment and other tools either in a garage or in buildings suitable for such purpose. (Ord. 63 15. Passed 6 19 63; Ord. 2001-37. Passed 7-10-01.)

(a) The minimum lot area requirements for one bedroom and for two bedroom suites shall be as follows:

The apartment buildings in a Class U2C District shall be limited to one bedroom and two bedroom suites and any group of buildings shall provide for a ratio of 2.6 two bedroom suites for each one bedroom suite. Garage area shall be treated as part of the aforesaid off street parking area. Recreational space shall be space set aside, pursuant to plans approved by the Chief Building Inspector, for active and passive recreation, but in no case shall recreational space be deemed to include setback space and space devoted to landscaping immediately adjacent to buildings.

(b) All buildings shall be set back to existing setback lines thirty feet from any street right of way and no building shall be constructed within forty feet of the northwesterly boundary line of the U2C District, but the area within forty feet of the boundary line may be used for a yard or a play area. Except as provided herein, principal buildings shall be set back at least eight feet or one half the height of the building from any adjoining lot, and garages and other accessory buildings shall be set back at least three feet from any adjoining lot zoned for Class U1 or Class U2 uses. Garages or other accessory buildings shall conform to the architecture of the principal buildings,

(d) No structure in a Class U2C District shall exceed twenty eight feet in height in its entirety except that part of the roof may extend up to thirty five feet in height as long as reasonable access is provided to the higher roof for fire fighting purposes, and except as provided in Section 1163.02,

(e) Each suite shall have a minimum main floor area of 600 square feet, exclusive of storage area for a one-bedroom unit and 900 square feet for a two bedroom unit, including storage area.

(f) There shall be a minimum distance of twenty feet between each building in a Class U2C District.

(g) The number of suites to be constructed shall not exceed a total of eighty four.

When the Chief Building Inspector has found that the preliminary plans and other data for the buildings under this section comply with the requirements of this Zoning Code, including Section 1145.03 (b), it shall approve such preliminary plans. Final plans of the project shall also be submitted to and approved by the Chief Building Inspector before construction is started, if he finds that the plans meet the requirements of this Zoning Code, including Section 1145.03 (b). The Building Inspector shall issue the required building permits upon payment of the standard fees after the final plans are approved by the Chief Building Inspector.

CROSS REFERENCES

Boundaries on Zone Map see P. & Z. 1135.01

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163.01, 1163.02

Licensing multiple dwellings see BLDG. Ch. 1333

1147.01 PRELIMINARY PLAN OF DEVELOPMENT AREA.

A developer, by filing ten copies thereof with the office of the Chief Building Inspector, may submit to the Chief Building Inspector a preliminary plan of a development area for the planning, use and development of any parcel located in a U2D District. Such plan may be submitted, however, only on behalf of a single owner of the parcel or a group of owners of the land included therein who axe acting jointly. The preliminary plan of the development area shall disclose all uses proposed for the development area, their location and arrangement, and shall include:

(a) A plat and topography map, at two foot intervals, of the proposed development area, which will also show all structures, trees and landscape features existing thereon and will include a certificate, by a registered engineer, of the gross area of development area stated in acres and square feet;

(b) A preliminary plan of the development area, designed in accordance with the planning standards, regulations and criteria established in the following subparagraphs, which will disclose:

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

2001 Replacement

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

(4) Preliminary drawings and plans for structures or other means to prevent further erosion and for other lakefront developments;

(5) All structures in the development area to be retained, with plans for their remodeling, all structures to be removed from the development area and all structures, lying outside of the boundaries of the development area, located within 300 feet thereof;

(6) Preliminary floor plans and elevations of structures to be included in the development area and such other information as the developer may submit to explain their purpose, appearance and type of construction;

(7) Preliminary drawings showing the proposed landscape treatment, including the proposed grading plan;

(8) A preliminary plan of traffic circulation with an estimate of traffic volume to be generated by the development, including the location and character of proposed entrances and exits from the development area;

(9) Plans for fire prevention and protection, including proposed locations of standpipes and hydrants;

(10) A proposed method and standards for the construction and maintenance of streets, open spaces, parking areas and common land;

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

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

(13) Such other reasonable information as the Chief Building Inspector may require;

(14) Any adjustment in the regulations, standards or criteria prescribed in the Zoning Code or other ordinances and regulations of the City, which would be required in order to permit construction of the development.

The preliminary plan of a development area, unless otherwise permitted by the Chief Building Inspector, shall be prepared by professional persons qualified in the planning of land development, traffic engineering and building and landscape design. The architectural and engineering services required for the preparation of the preliminary plan shall be rendered by licensed professional persons.

Within sixty days, or such longer time as may be granted by Council, after filing of the preliminary plan with the Chief Building Inspector, the Chief Building Inspector or his designee, together with the City Engineers and the Mayor, or the Mayor's designee, (that shall be hereinafter known as the Plan Review Board) shall conduct at least one public hearing, ten days' notice of which shall be given as to the time, date and place of such hearing: (a) by publication once in a newspaper of general circulation in the City; and (b) by first class mail to the developer and to the owners of property contiguous to and directly across the street from the development area, and shall evaluate the preliminary plan and furnish to Council its report and recommendations with respect thereto. Failure of delivery of such mail notice shall not invalidate the proceedings. The report of the Plan Review Board shall include a finding either that the preliminary plan complies with the applicable regulations, standards and criteria prescribed by this chapter and other ordinances and regulations of the City, or a finding of any failure of such compliance and a recommendation that the preliminary plan be approved, disapproved or modified. If in a report approving a preliminary plan, with or without recommended modification, and notwithstanding any other provision of this Zoning Code, the Plan Review Board finds that any regulations, standards or criteria prescribed by this section or other ordinances or regulations of the City are inappropriate or inapplicable because of unusual conditions, including topography and necessary means of erosion control, of the development area or the imaginative character of the design proposed in the preliminary plan, and that an adjustment in such regulations, standards or criteria will promote the public health, safety and general welfare of the City, the Plan Review Board may recommend to Council that such adjustment be made.

The preliminary plan, together with ten copies of the report of the Plan Review Board, shall be filed with the Clerk of Council for submission to Council. Council shall set a date for a public hearing on the preliminary plan and the report of the Plan Review Board thereon and give twenty days' notice of the time, place and purpose of such hearing: (a) by publication in a newspaper of general circulation in the City; and (b) by mailing such notice by first class mail to the developer and to the owners of property contiguous to and directly across the street from the development area. Failure of delivery of such mail notice shall not invalidate the proceedings. The preliminary plan and the report of the Plan Review Board thereon, shall be on file in the office of the Clerk of Council during the twenty day period.

The developer may, within ten days after the filing of the report of the Plan Review Board with the Clerk of Council, appeal to the Board of Zoning Appeals, in the manner provided in the rules and regulations of the Board, any failure of the Plan Review Board to recommend that an adjustment in the zoning regulations of the City as proposed in the preliminary plan be approved by Council. A copy of the notice of such appeal and a copy

of the notice of hearing thereon shall forthwith be delivered to the Chairman of the Plan Review Board shall be permitted, through its designated representative, to participate as a party in such appeal. The public hearing before Council on the preliminary plan and the recommendation of the Board of Zoning Appeals with respect to such appeal shall be held following receipt by the Clerk of Council of the recommendation of the Board.

Following the public hearing, Council shall either approve, disapprove or modify the recommendation of the Board of Zoning Appeals, if any, and the preliminary plan. Council may affirm any report of the Plan Review Board or disapprove a favorable report of the Plan Review Board by a majority vote of its members. If Council reverses a report of the Plan Review Board recommending disapproval of a preliminary plan, it shall only do so by the affirmative vote of not less than five of its members.

Following approval by Council, the Clerk of Council shall notify the developer of such action, by registered or certified mail, and authorize him to proceed with the preparation of the final plan of a development area, in accordance with the procedures and criteria set forth in this chapter and any special conditions under which this authorization to proceed was granted.

Within fifteen days after mailing notice, unless the time is extended by Council, the developer shall post a surety bond with the Clerk of Council conditioned that the developer shall within one year, or such longer period as may be allowed by Council, commence construction of the development, and failing to do so, that the City shall be paid the principal of the bond as and for liquidated damages for failure to perform. The principal of such bond shall be determined according to the following scale:

The estimated cost of the development is to be determined by the Chief Building Inspector or such other person as may be designated by Council.

In lieu of a surety bond, the developer may deposit a cash bond in like amount. The bond shall be released as soon as one half of the estimated cost of the development, as determined by the Chief Building Inspector, has been expended.

(a) Upon filing of such bond, the Clerk of Council shall cause a notation to be made on the Zone Map to reflect the area in a U2D District which is included in the preliminary plan and shall return the preliminary plan to the Plan Review Board with a report of the action of Council thereon. If the developer shall not complete and file a final plan of the development area or take out building permits or commence construction within the respective periods allowed, he shall forfeit his bond, the approval of the preliminary plan shall lapse and the notation of such approval shall be removed from the Zone Map.

(b) Any land located in a U2D District which was, prior to its inclusion in such district, located in a U1 or U2 District shall, until approval of a preliminary plan and notation of such approval on the Zone Map, for a development area which includes such land and while a preliminary plan or final plan for such development area is in effect, be subject to all provisions of the Zoning Code, as heretofore or hereafter amended, with respect to U1 or U2 Districts, respectively.

The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council and who has posted the bond required by Section 1147.04, may submit a final plan of the development area to the Plan Review Board. The final plan of the development area shall contain and be accompanied by the following

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

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

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

(d) Drawings and plans for strictures or other means to prevent further erosion and for other lakefront developments.

(e) Detailed landscape plan for public and private lands within the development area.

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

(g) Estimated project cost including estimates for all public and private improvements.

(i) The Plan Review Board may require additional drawings to supplement the above where more information is needed or special conditions occur.

(j) When the final plan of the development area provides for partial development of the area for which a preliminary plan has been approved, a final plan of the development area of the remainder of the area shall be submitted to permit evaluation of the development of the entire parcel.

If the Plan Review Board, after public hearing, finds that a proposed final plan of a development area is in accordance with and represents a detailed and precise expansion of the preliminary plan heretofore approved by Council, that it is in accordance with the design criteria and provisions of this section, which apply particularly to a final plan of a development area, and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan, the Plan Review Board shall approve such final plan of a development area and certify its approval to the Clerk of Council. It shall not require modification of a proposed final plan of a development area for reasons based on personal preference as to taste or choices of architectural style.

Before giving its final approval of any final plan of a development area the Plan Review Board may request such changes as it deems necessary to insure that the proposed development preserves and extends the charm and beauty existent in and inherent to the residential character of the City, to stabilize and improve property values, with the least possible burden on City services and facilities, which will result in the highest possible return to the City from tax revenues consistent with maintaining and improving the residential character of the City; and to provide the best economic and social advantages which can result from an orderly planned use of the development area.

A developer, having obtained final approval of any final plan of a development area, may accomplish the development in progressive stages as may be approved by the Plan Review Board.

If and when any proposed final plan of a development area for a U2D District has been approved, the Chief Building Inspector shall be so notified and he shall then issue the necessary building and other permits upon payment of the required fees.

(a) At any time after the approval of a preliminary plan, or a final plan, of a development area, the owner or owners may request an amendment, in which case the request for said amendment shall be filed with Council and acted upon by Council.

(b) The proposed amendment shall then be subject to the same procedure and conditions of approval as the original application.

No certificate of occupancy shall be issued for a multi family dwelling unit or business or professional office unit until each unit within the multi family dwelling or business or professional office is completed and ready for occupancy and the structures or other means for prevention of further lake shore erosion as shown in the final plan have been substantially completed, provided, that on the request of the holder of a building permit or the owners, the Chief Building Inspector may issue a temporary certificate of occupancy for such part of a multi family dwelling or business or professional office building in which the multi family or dwelling or office units are completed and ready for occupancy, subject to all requirements of the Building Code and subject to the following conditions:

(a) All structural work to be done on such multi family dwelling or business or professional office building shall have been completed and such multi family dwelling or business or professional office building shall have been completely enclosed.

(b) The permit holder or owner shall have submitted evidence satisfactory to the Engineer and the Chief Building Inspector that construction of the multi family dwelling is continuing and will be completed within a reasonable time, not to exceed 180 days after the issuance of such temporary certificate of occupancy; that the permit holder or owner is not in default of any contractual obligations pertaining to the development area; and that such construction is in accordance with the final plan of the development area. The 180 day maximum period for completion of construction may be extended for up to an additional ninety days by action of the Plan Review Board upon satisfactory proof that circumstances beyond the control of the permit holder or owner will prevent the completion of construction within such maximum period.

(c) The permit holder or owner shall have submitted to the Engineer and Chief Building Inspector for their approval a written statement which shall set forth a description of the work remaining to be done in the development area and shall describe the proposed methods of transportation and storing materials and equipment to and within the development area and within the multi family dwelling during the period of temporary occupancy.

(d) The Engineer and Chief Building Inspector shall be satisfied that such temporary occupancy of a part of the multi family dwelling will not jeopardize the safety of persons and property on the development site.

(e) The Engineer and Chief Building Inspector shall have determined that construction of the structures or other means for prevention of further lakeshore erosion as shown in the final plan is substantially complete or that completion of such construction has been prevented due to seasonal or other conditions or other reasons satisfactory to the Engineer and Building Inspector preventing the completion of the same, but the Engineer and Chief Building Inspector shall be satisfied that such construction shall be completed in any event not less than 180 days following the issuance of a temporary certificate of occupancy.

(f) A temporary certificate of occupancy issued under this section shall specify the number of units to be occupied, and no additional units shall be occupied until an additional temporary certificate or permanent certificate of occupancy shall have been issued pursuant to this section and pursuant to the Building Code. (Ord. 73 42. Passed 1 21 74; Ord. 2001-37. Passed 7-10-01.)

(a) Main Uses Permitted. Multi family dwellings, business and professional offices, provided, however, that no building or structure shall be devoted to more than one main use.

(1) Gardens, fences, walls, pools, boat marinas and other recreation facilities on private and common land.

(2) Shops and service establishments intended primarily to serve the daily living needs of the occupants of the main use, such as food shop, florist, gift shop, newsstand, drugstore, beverage shop, restaurant, beauty and barber shop, laundry and dry cleaning agency, and branch bank. All such shops and service facilities shall be accessible only from within a multi family dwelling, and no advertising, sign or display of any kind shall be published or visible outside the multi family dwelling.

(1) Storage garages accessory to a multi family dwelling, which, if permitted, may include facilities for washing and polishing passenger vehicles, which facilities shall be accessible only from within a storage garage and no advertising, sign or display of any kind with respect thereto shall be published or visible outside the storage garage.

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

B. Facilities shall be provided accessory to any multi family dwelling for commercial delivery and service vehicles within enclosed service areas separated from the pedestrian circulation in the development area and separated from garage areas.

The various area and height regulations of a planned development area in U2D District, are herein defined and scheduled as follows:

(a) Development Area. The minimum area to qualify as a planned development area is five acres, as shown by the deed or deeds to the included land.

(b) Density. The average number of dwelling units or business or professional offices permitted per acre, and the ratio for fractions of an acre within the boundaries of a development area shall not be more than thirty dwelling units or offices per acre; provided, however, that the ratio of the maximum of gross floor area for a building devoted to a main use of business or professional offices shall not exceed seventy five square feet of gross floor area in such building for each 100 square feet of gross land area.

(c) Floor Area per Dwelling Unit. The minimum required net floor area for each multi family dwelling unit shall be computed as the sum of all the floor areas measured from the interior face of exterior walls and the interior face of party walls and of all other interior walls separating the unit from other spaces within the building, including one half the floor area of balconies. Excluded are public areas, building service areas, garages, storage and basement areas. The minimum areas required for each multi family dwelling unit are as follows:

(d) Parking and Garage Areas. The minimum area within a storage garage required and assigned to each parking space shall not be less than 180 square feet of floor area exclusive of all circulation space.

(e) Land Coverage. For the purpose of computing land coverage, a garage at ground level shall be included but garage roofs below grade, if landscaped or developed as a terrace or with similar landscape treatment, may be excluded, or such roofs may be used for outdoor parking purposes. Land coverage by buildings shall not exceed one third of the development area. Not less than one third of the development area shall be devoted to permanent landscaping.

(f) Maximum Height. No building in a development area shall be more than twenty stories or 200 feet in height, whichever is greater.

1147.14 LAND PLANNING CRITERIA FOR DEVELOPMENT AREAS FOR MULTI FAMILY DWELLINGS.

The following criteria shall control the planning, development and use of multi family dwellings in a development area:

(a) Development Area and Density. A development area of not less than five acres may be developed with multi family dwellings or business and professional offices. The multi family dwellings or business and professional offices need not be distributed at a uniform height or density throughout the development areas, but the number of units included within the development area shall not exceed thirty dwelling units or business and professional offices per acre and the ratio of maximum of gross floor area to gross land area shall not be in excess of that ratio provided in Section 1147.13(b).

(b) Landscape Plan and Appearance. Multi family dwellings or business and professional offices shall be located so as to take advantage of the topography, water, natural features and superior views of the shoreline existing in the development area and shall be designed and arranged so that the distance between buildings and the various parts thereof and between buildings and the boundaries of the development area will enhance the privacy, use and enjoyment of the maximum number of units within the buildings. Any plan for the construction and maintenance of multi family dwelling units or business and professional offices shall provide for retention of the natural terrain and vegetation to the extent consistent with the plan of development and shall include a program for quickly recreating the landscape environment of the City. Services of all utilities in a development area, in which multi family dwellings or business and professional offices are located, shall be installed entirely underground and in compliance with the Building Code.

(c) Minimum Distance Between Buildings. The minimum distance between any two multi family dwellings or parts thereof in a development area will vary according to the length and height of buildings. Such minimum distance shall be as determined by the formula:

Minimum distance means the required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.

LA means the total length of building A which, for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building A from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building B.

LB means the total length of building B which, for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building B from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building A.

Where no line drawn perpendicular from the face of any wall of one building will intersect the face of any wall of another building, the required minimum horizontal distance between such buildings shall be one half the combined height of the two buildings.

(d) Minimum Setback Distance from Lake Shore Boulevard. The minimum distance between any portion of a multi family dwelling or parts thereof and the lot line abutting on Lake Shore Boulevard shall be not less than 125 feet or the distance as determined by the following formula, whichever is the greater:

H representing the height of the building and W representing the total width of the building which, for the purposes of the formula, is the width of that portion or portions of any wall or walls of the building from which lines drawn perpendicular to such wall will intersect the lot line abutting on Lake Shore Boulevard.

(e) Minimum Side Yards and Rear Yards. The minimum distance between any portion of a multi family dwelling or parts thereof or business and professional offices or parts thereof and any side or rear lot line shall be not less than fifty feet; provided that no multi family dwelling or business and professional office shall be constructed with the face of any of its walls nearer than 150 feet from the boundary line between the development area in which the multi family dwelling or business and professional office is constructed and a lot or parcel of land included in a U1 or U2 District.

(f) Circulation System. Each multi family dwelling shall be served by a local drive connecting on to a major street at locations where the traffic can be effectively controlled. Access for occupants and visitors shall be provided near the entrance or entrances and elevator halls of the building.

(g) Storage Garages and Parking Areas. Storage garages shall be located underground and designed so that the roof shall be covered and planted with trees, shrubs or ground cover; except a roof slab may be incorporated into paved terraces, pool areas or outdoor parking. Garage walls shall not be exposed unless they are a part of the approved landscape design. Parking in open areas shall be provided with walkways connecting the parking area with the multi family dwelling, islands for trees and other landscape planting.

(i) Occupancy of Dwelling Units. Not more than two adults shall occupy any one bedroom apartment in a development area.

(j) Lighting of Parking Areas and Beaches. Outdoor parking areas shall be illuminated with illumination facilities and fixtures so designed and located that light sources are shielded from adjoining residential districts, buildings and streets without excessive brightness or glare to pedestrians or drivers, and limited to heights of not more than twelve feet. When determined by the Director of Public Safety to be necessary for the protection of persons and to prevent improper or unauthorized use of such areas, beach and lakefront areas shall be illuminated with illumination facilities and fixtures so located that light sources are shielded from residences and buildings.

(k) Parking Facilities. Off street parking shall be provided in a development area at the rate of three spaces per dwelling unit, at least one third of which shall be enclosed. No permit shall be issued for the erection or alteration of a building in a development area for business or professional offices; unless there shall be filed with the application for such permit plans to the extent necessary and other data showing that there is or will be provided space sufficient for off street parking of motor vehicles of the employees, patrons, licensees, clients, guests, tenants or other occupants or users of the business and professional offices and at least one third of the spaces for such off street parking shall be enclosed and such plans or data shall also show and make provision for off street loading and unloading. Outdoor parking areas shall not be placed in front of the required setback lines, shall be screened with plantings or with such permanent structures as may be required to shield light sources within the parking areas from adjoining dwelling structures and shall be hard surfaced and adequately drained in such manner as to prevent runoff of water over adjoining land.

(l) Area for Passenger Pick up and Discharge. Each multi family building shall be provided with an area immediately adjacent to or connected by a covered walkway with the entrance for the purpose of picking up and discharging passengers. Such area shall be so designed and located as not to interfere with the movement of traffic or access to parking areas.

(m) Fire Access. No obstruction or parking shall be permitted within a band of twenty feet surrounding any building above grade in order to accommodate hook and ladder apparatus; provided, that driveways are not by this provision prohibited from such area.

(n) Elevators. At least one elevator serving each floor of a multi family dwelling or business or professional office building shall be of such size and design as to provide access to and to accommodate a six foot stretcher in a horizontal position and the bearers of the stretcher.

CROSS REFERENCES

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163.01, 1163.02

Licensing multiple dwellings see BLDG. Ch. 1333

1149.01 PROHIBITED USES.

In a Class U3 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used for a Class U4, U5, U6, U7 or U8 use. In a Class U3 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used except for a Class U1, U2 or U3 use.

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

1149.02 ACCESSORY USES IN RESIDENCE DISTRICTS.

An accessory use customarily incident to a Class U1, U2 or U3 use shall also be permitted in respectively, a Class U1, U2 or U3 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory. In a Class U3 District a private garage permitted as an accessory use shall not provide storage for more than one motor vehicle for each 625 square feet of the lot area. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use. The placing of a "for sale" or "for rent" sign shall, however, be permitted as an accessory use. In a Class U3 District a private driveway or walk used for access to a Class U4 or U5 use shall in no case be permitted as an accessory use. A store, trade or business shall not be permitted as an accessory use except that the office of a physician or surgeon may be located in the dwelling or apartment used by such physician or surgeon, as his private residence, and except that any person carrying on a customary home occupation, may do so in a dwelling or apartment used by him as his private residence, provided no persons other than members of his own household are employed in such occupation, and no window display or signboard is used to advertise such occupation. In a dwelling or apartment occupied as a private residence, one or more rooms may be rented or table board furnished provided no window display or signboard is used to advertise such use. In a U3 District a restaurant or public dining room may be located in a hotel or apartment house as an accessory use. (Ord. 4. Passed 4 7 24; Ord. 2001-37. Passed 7-10-01.)

2001 Replacement

CROSS REFERENCES

Shopping center defined see P. & Z. 1133.14

Boundaries on Zone Map see P. & Z. 1135.01

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163.01, 1163.02

Setbacks and landscaping in U3A Districts see P. & Z. 1163.11

1151.01 PROHIBITED USES.

In a Class U3A District no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used for a Class U4, US, U6, U7, U8 or U8A use. In a Class U3A District no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used except for a Class U1, U2, U3 or U3A use. In a Class U3A District buildings shall be permitted which are arranged, intended and designed for community center purposes, such as, but not limited to, meetings of the general public or of organizations, displays, performances, and educational and recreational purposes.

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

1151.02 PERMITTED RETAIL BUSINESSES.

(a) The retail businesses permitted in a shopping center may constitute only the type or types of retail business or service listed in subsections (1) through (4); provided, however, that other types of retail businesses may be permitted in accordance with the provisions of subsection (4).

(1) Grocery stores, including fruit, vegetable, meat, dairy products and baked goods.

(2) Drug stores.

(3) Restaurants and other eating places.

(4) Wearing apparel stores.

(5) Shoe repair shops.

2001 Replacement

(6) Shops for custom work or the making of articles to be sold only at retail on the premises; dressmaking, tailoring, pressing and dry cleaning shops using only nonexplosive and noninflammable solvents. No such shops shall engage more than five persons and no work shall be done on the premises for retail outlets elsewhere.

(18) Businesses combining any two or more of the businesses listed in (1) through (17) hereof.

(21) A business, or a combination of businesses as and to the extent permitted by subsection (r) hereof, similar in type to those herein above listed and also similar to the above in business hours, in number of persons employed, in number of persons or vehicles attracted to the premises and in effects upon adjoining residential areas, as will, in the judgment of the Board of Zoning Appeals, rendered after public notice and hearing, substantially serve the public convenience and welfare and not substantially and permanently injure the appropriate use of neighboring property.

(b) A shopping center district is intended to secure in such grouping of buildings traffic safety through provision for proper traffic routing and car parking, freedom from traffic congestion on public streets through provision for off street parking and off street loading and unloading, and protection of the residential character of adjoining and nearby areas through provision for adequate and suitably treated open spaces at U3A District boundaries adjacent to residential areas.

In a Class U3A District, no building shall be erected or altered if, as a result of such erection or alteration, the aggregate ground area covered by all buildings within such district would exceed twenty five percent (25%) of the total ground area of such District. (Ord. 81 31. Passed 8 4 81; Ord. 2001-37. Passed 7-10-01.)

In a Class U3A District no building shall be erected to a height in excess of twenty eight feet, subject to the height district exceptions contained in Section 1163.02. (Ord. 81 31. Passed 8 4 81; Ord. 2001-37. Passed 7-10-01.)

No permit shall be issued for the erection or alteration of a building in a Class U3A District unless there shall be filed with the application for such permit, plans to the extent necessary and other data clearly showing that there is or shall be provided space sufficient in extent for off street parking of motor vehicles of the employees, patrons, licensees, clients, guests, tenants or other occupants or users thereof, and for off street loading and unloading. For the purposes of this section, off street parking space and loading and unloading space shall be such space as is entirely off the right of way of any public street.

In a U3A District there shall be provided off street parking space and loading and unloading space on or adjoining the premises within such District sufficient in capacity to provide three square feet of parking space and loading and unloading space for each one square foot of floor space on the ground floor of all buildings within such District, or on any floor above the ground floor, except that where the proposed use is for conducting a bingo game, there shall be one parking place for each two seats in the structure in addition to the other parking spaces provided for herein, unless the Board of Zoning Appeals, upon which power and jurisdiction for such purpose are hereby conferred, shall, upon application made to it by the person applying for such permit, find and determine that a lesser area shall be sufficient to provide parking, loading and unloading space adequate for the public health and safety, having regard to the use made of the premises and the availability of other areas for parking, loading and unloading.

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

No permit shall be issued for the erection or alteration of a building in a Class U3A District unless, prior thereto, a diagram of locations of the places of ingress to and egress from such District shall have been submitted to the Police Division and Safety Department, and such Department shall, through the Director of Public Safety, have determined that the locations of such places of ingress and egress shall not unreasonably interfere with the flow of vehicular traffic, or endanger the safety of pedestrians and other passengers traveling, on or about the streets and highways adjoining such District. There shall be permitted no public use of any such building unless such places of ingress and egress from time to time constructed conform to the locations thereof so approved.

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

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

A. No operator of a vehicle shall operate the same at a speed exceeding fifteen miles per hour.

B. No person shall operate a vehicle at a speed greater than or less than is reasonable or proper, having due regard to the traffic conditions, surface conditions and other conditions.

C. No person shall operate a vehicle at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead.

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

A. No person shall operate any vehicle within this Municipality if any of the following apply:

1. The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.

2. The person has a concentration of 0.10% or more but less than 0.17% by weight of alcohol in the person's blood.

3. The person has a concentration of 0.10 grams or more but less than 0.17 grams by weight of alcohol per 210 liters of the person's breath.

4. The person has a concentration of 0.14 grams or more but less than 0.238 grams by weight of alcohol per 100 milliliters of the person's urine.

5. The person has a concentration of 0.17% or more by weight of alcohol in the person's blood.

6. The person has a concentration of 0.17 grams or more by weight of alcohol per 210 liters of the person's breath.

7. The person has a concentration of 0.238 grams or more by weight of alcohol per 100 milliliters of the person's urine.

B. The provisions of Section 333.01(c) of the Codified Ordinances relating to "Evidence; Tests; Immunity" are incorporated herein by reference.

(6) Reckless driving. No person shall operate a vehicle without due regard for the safety and rights of pedestrians and drivers and occupants of other vehicles, so as to endanger the life, limb or property of any person.

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

C. The operator of a motor vehicle proceeding to leave a parking space shall yield the right-of-way to all other vehicles being operated in a lawful manner.

(8) Duty to stop after accident. In case of accident to or collision with persons or property within a shopping center, including buildings and traffic control devices, due to the driving or operation of any vehicle, the person so operating such vehicle having knowledge of such accident or collision shall stop and upon the request of an injured person or any other person, give such person his name and address, the name and address of the owner of such vehicle and the registered number of such vehicle. The driver of a vehicle involved in an accident resulting in damage to property shall immediately stop and take reasonable steps to locate and notify the owner or person in charge of such property, of such accident or collision, and give his name and address, the name and address of the owner of such vehicle and the registration number of such vehicle; in the event the owner or person in charge of such property cannot be located after reasonable steps, the driver of such vehicle, within twenty four hours after such accident, shall give the Chief of Police the same information required to be given to the owner or person in charge of such property. together with the location of the accident and description of the damage. The driver of any vehicle involved in an accident resulting in damage to a traffic control device shall forthwith notify the Chief of Police of such accident.

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

A. No person operating a motor vehicle shall stop, stand or park such vehicle immediately in front of or at the rear of any building, except while loading or unloading passengers or parcels, in which event such motor vehicle shall be parked parallel to the building line or curb, except trucks or semi trailers loading or unloading at the rear of a building. Except as herein provided, no person shall park a vehicle in any place other than those places designated as parking places by markers, signs, lines or stripes.

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

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

(b) Establishment of Traffic Control Devices. The Chief of Police is hereby empowered and authorized to designate or approve the erection of stop signs at such locations in a shopping center as he deems necessary or desirable for the safe and efficient movement of vehicles and pedestrians. The Chief of Police is empowered and authorized to designate or approve the placing of appropriate devices, lines or marks upon the roadways, parking areas and sidewalks to indicate crosswalks, walkways and safety islands at such places in a shopping center as he deems necessary for the safe and efficient movement of pedestrians.

(c) Existing Traffic Control Devices. Any existing traffic control devices in a shopping center on the effective date of this section are hereby as effective as those traffic control devices, which may hereafter be designated or approved by Chief of Police as herein provided.

(d) Administration. It shall be the duty of the Police Department to enforce the provisions of this section. The Chief of Police shall assign such officers and members of the Police Department as he may determine necessary to the duty of enforcing the provisions of this section. In the event of fire or other emergency, members of the Fire Department may direct traffic and otherwise assist the Police Department, notwithstanding any other provisions of this section.

(e) Definitions. The term "shopping center" as used in this chapter, means a group of contiguous retail stores with immediately adjoining off street parking for automobiles.

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

(1) For violating any provision of subsections (a)(1), (2), (3), (4), (7), (9) or (10) hereof, such person shall be fined not more than one hundred dollars ($100.00).

(2) For violating any provision of subsections (a)(5), (6) or (8) hereof, such person shall be guilty of a misdemeanor of the first degree and subject to the imposition of a maximum one thousand dollar ($1,000) fine, six months imprisonment, or both.

Each building in a Class U3A District shall be architecturally similar in design and of brick or stone construction on all sides thereof. No animated signs may be erected on buildings in a Class U3A District, and all signs shall be erected only upon the approval of their design and construction by the Chief Building Inspector. There shall be no outside storage of trash, garbage or refuse of any nature in a U3A District.

When the Plan Review Board has found that the preliminary plans and other data for a project under this chapter comply with the requirements and standards of this Zoning Code and other provisions of these codified ordinance, it shall approve such preliminary plans. Final plans of the project shall also be submitted to and approved by the Plan Review Board before any construction is started if it finds that they meet the requirements and standards of this upon payment of the standard fees therefor when he is satisfied that the final construction plans are in substantial conformity with the final plans approved by the Plan Review Board.

In a U3A District no building or premises, parking lot or garage or portion thereof shall be used by any vendor of goods, wares, merchandise or services for the conduct of such vendor‘s business unless the same is conducted in or on the premises of a permanent building or structure licensed by the City for that purpose. However, the Chief Building Inspector may recommend the issuance of a temporary permit authorizing business or fund raising activities to be conducted within the areas normally designated for vehicular and/or pedestrian traffic and/or vehicular parking. Such permission shall not exceed three weeks and shall be upon such other terms and conditions as the Building Inspector may require. The permission and accompanying terms and conditions shall be confirmed by Council before becoming effective. Council may modify the permission and/or accompanying terms and conditions after review and prior to its confirmation.

CROSS REFERENCES

Boundaries on Zone Map see P. & Z. 1135.01

Exceptions and nonconforming uses see P. & Z. Ch. 1161

Height districts see P. & Z. 1163.01, 1163.02

1153.01 PERMITTED USES.

(a) The Class U3B District is designed to permit use of the property so classified for a coordinated group of retail stores, less in number than a shopping center, but nevertheless, consisting of a building or buildings, architecturally similar in design and set back in a substantially uniform manner from Lake Shore Boulevard, wherein retail business and services of the following types shall be permitted excluding, however, alcoholic beverages sold by the glass or for consumption on the premises.

(1) Grocery stores, and stores where fruits and vegetables, meats, dairy products or baked goods are sold.

(2) Drug stores.

(3) Restaurants, except drive in eating places.

(4) Wearing apparel stores and shoe repair shops.

(5) Shops for custom work or the making of articles to be sold only at retail on the premises, dressmaking, tailoring, pressing and dry cleaning shops using only nonexplosive and noninflammable solvents. No such shops shall engage more than five persons and no work shall be done on the premises for retail outlets elsewhere.

(6) Hardware, paint, wallpaper, furniture and household appliance stores.

(7) Newsstands, book and stationery stores, flower shops, variety and gift shops.

(8) Barber and beauty shops.

(9) Banks, business and professional offices.

(10) Parking of motor vehicles of the employees, patrons, licensees, clients, guests, tenants or other occupants or users of the shopping center district or the business and services conducted and furnished therein.

2001 Replacement

(11) Any other store, shop or service similar to the ones herein listed in type of goods or service, in business hours, in number of persons employed, in number of persons or vehicles attracted to the premises and in effects upon adjoining residential areas, as will, in the judgment of the Board of Zoning Appeals, rendered after public notice and hearing, substantially serve the public convenience and welfare and will not substantially and permanently injure the appropriate use of neighboring property.

(b) In Class U3B Districts, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used for a Class U2A, U4, U5, U6, U7, U8 or U8A use. In a Class U3B District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used except for a Class U1, U2, U3, or U3B use, but only if such use is otherwise permitted by this Zoning Code.

Within such Class U3B District no building shall be located less than 145 feet from the street line of Lake Shore Boulevard or East 308th Street, less than fifty feet from the street line of Bayridge Boulevard, or less than forty five feet from the rear property line or thirty feet from any other property line of the premises included in such district; provided, however, that a canopy may project beyond any such building for a distance not to exceed fifteen feet, and that belt courses, cornices or other ornamental features may likewise project beyond any such building for a distance not to exceed four inches.

In a Class U3B District, no building shall be erected or altered if, as a result of such erection or alteration, the aggregate ground area covered by all buildings within such district would exceed twenty five percent of the total ground area of such district.

In a Class U3B District no building shall be erected to a height in excess of twenty eight feet, subject to the height district exceptions contained in Section 1163.02. (Ord. 59 115. Passed 4 6 60; Ord. 2001-37. Passed 7-10-01.)

No permit shall be issued for the erection or alteration of a building in a Class U3B District unless there shall be filed with the application for such permit plans to the extent necessary and other data clearly showing that there is or will be provided space sufficient in extent for off street parking of motor vehicles of the employees, patrons, licensees,

clients, guests, tenants or other occupants or users thereof, and for off street loading and unloading. For the purposes of this section, off street parking space and loading and unloading space shall be such space as is entirely off the right of way of any public street.

In a U3B District there shall be provided off street parking space and loading and unloading space on or adjoining the premises within such district sufficient in capacity to provide three square feet of parking space and loading and unloading space for each one square foot of floor space on the ground floor of all buildings within such district, or any floor above the ground floor, except that where the proposed use is for conducting a bingo game, there shall be one parking space for each two seats in addition to the other parking spaces provided for herein, unless the Board of Zoning Appeals, upon which power and jurisdiction for such purpose are hereby conferred, shall, upon application made to it by the person applying for such permit, find and determine that a lesser area will be sufficient to provide parking, loading and unloading space adequate for the public health and safety, having regard to the use made of the premises and the availability of other areas for parking, loading and unloading.

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

No permit shall be issued for the erection or alteration of a building in a Class U3B District unless, prior thereto, a diagram of locations of the placer, of ingress to and egress from such district shall have been submitted to the Police Division and Safety Department, and such Department shall, through the Director of Public Safety, have determined that the locations of such places of ingress and egress shall not unreasonably interfere with the flow of vehicular traffic, or endanger the safety of pedestrians and other passengers traveling, on or about the streets and highways adjoining such district. There shall be permitted no public use of any such building unless such places of ingress and egress from time to time constructed conform to the locations thereof so approved.

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

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