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Brook Park Overview
Brook Park, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF BROOK PARK OHIO
CERTIFICATION
ROSTER OF OFFICIALS BROOK PARK, OHIO (2023)
PRELIMINARY UNIT
CHARTER of the CITY OF BROOK PARK, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Administration
TITLE THREE - Platting
TITLE FIVE - Zoning
CHAPTER 1121 Zoning Ordinance
1121.01 FINDINGS OF FACT.
1121.02 DEFINITIONS GENERALLY.
1121.021 DEFINITIONS PERTAINING TO ADULT ENTERTAINMENT.
1121.03 DIVISION INTO DISTRICTS; MAP INCORPORATED; COMPLIANCE REQUIRED.
1121.04 LISTING OF PERMITTED USES FOR EACH USE DISTRICT.
1121.05 PRECEDENCE OF PERMITTED USES FOR EACH USE DISTRICT.
1121.06 ACCESSORY USES IN U-1 AND U-2 USE DISTRICTS.
1121.07 REQUIRED LOT AREA FOR DWELLINGS.
1121.08 REQUIRED LOT WIDTH FOR DWELLINGS.
1121.09 YARDS AND BUILDING LINES.
1121.10 REAR YARDS.
1121.11 SIDE YARDS.
1121.12 YARD EXCEPTIONS FOR GARAGES AND PROJECTIONS.
1121.13 HEIGHT DISTRICT LIMITATIONS.
1121.14 HEIGHT DISTRICT EXCEPTIONS. (REPEALED)
1121.15 NONCONFORMING USES.
1121.16 ENFORCEMENT.
1121.17 PERMIT REQUIRED.
1121.18 CERTIFICATE OF COMPLIANCE.
1121.19 COMPLETION OF BUILDINGS.
1121.20 VARIANCES BY BOARD.
1121.21 INTERPRETATION; DEED RESTRICTIONS.
1121.22 SEPARABILITY.
1121.23 U-3A BUSINESS DISTRICT.
1121.24 U-3B OFFICE BUILDING DISTRICT.
1121.25 FRONT YARD USE RESTRICTIONS.
1121.26 FRONTAGE OF CORNER LOTS.
1121.27 FRONTAGE OF INTERIOR LOTS.
1121.28 BUFFER ZONES.
1121.29 GASOLINE AND OIL FILLING STATIONS.
1121.30 BUFFER WALLS.
1121.31 LOT COVERAGE REGULATIONS.
1121.32 U-3D AMUSEMENT DISTRICT.
1121.321 U-5A INDUSTRIAL DISTRICT.
1121.322 U-5B AIRPORT INDUSTRIAL DISTRICT.
1121.323 U-5C INDUSTRIAL/SERVICE DISTRICT.
1121.33 CONCENTRATION OF REGULATED USE BUSINESSES.
1121.34 CONDITIONAL USE PERMITS.
1121.341 PUBLIC HEARING ON CONDITIONAL USE PERMIT APPLICATIONS.
1121.342 STANDARDS FOR CONDITIONAL USE PERMITS.
1121.35 REVOCATION OF CONDITIONAL USE PERMIT.
1121.36 MANDATORY CONDITIONS AND SAFEGUARDS.
1121.37 U-6 COMMERCIAL, RESEARCH AND DEVELOPMENT DISTRICT.
1121.38 LAND USE COMPATIBILITY GUIDELINES AND CRITERIA FOR CONSIDERATION OF NOISE IMPACTS IN ALL ZONING AND PLANNING DECISIONS.
1121.39 GOVERNMENTAL IMMUNITY.
1121.40 U-7 BROOKPARK ROAD CORRIDOR SPECIAL DISTRICT AND U-7AE ADULT ENTERTAINMENT SUB-DISTRICT.
1121.41 RESTRICTIONS ON LOCATION OF ADULT ENTERTAINMENT BUSINESSES.
1121.42 AEROSPACE PARKWAY CORRIDOR DEVELOPMENT AREA DEVELOPMENT PLAN. (REPEALED)
1121.43 U-8 AIRPORT OVERLAY DISTRICT.
1121.44 AIRPORTS.
1121.99 PENALTY.
CHAPTER 1122 Short Term Rentals
CHAPTER 1123 Signs
CHAPTER 1124 Billboards
CHAPTER 1125 Off-Street Parking and Loading Facilities
CHAPTER 1126 Medical Marijuana Dispensaries
CHAPTER 1127 Adult Use Cannabis Dispensaries
Appendix I Development Guidelines for the Aerospace Parkway Corridor Development Area.
Appendix II 1999 AEROSPACE TECHNOLOGY PARK AND INTERNATIONAL EXPOSITION CENTER AND VICINITY DEVELOPMENT PLAN UPDATE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - TAXATION CODE THROUGH 2015
PART EIGHTEEN - TAXATION CODE EFFECTIVE 2016
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1121.342 STANDARDS FOR CONDITIONAL USE PERMITS.
   (a)   Conditional Use Standards. No application for a conditional use permit shall be approved by Council or recommended for approval by the Planning Commission unless Council, or the Commission, as applicable, specifically finds the proposed conditional use (subject to such restrictions and conditions as are within the respective discretion of the Planning Commission to recommend or Council to impose) appropriate in the location for which it is proposed based upon the following criteria:
      (1)   The proposed use at the proposed location shall be in harmony with the general purpose, goals, objectives and standards of the Brook Park Master Plan, this Zoning Ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City of Brook Park.
      (2)   The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the vicinity of the proposed use, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, convenience, comfort, prosperity and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of provisions and policy of the Brook Park Master Plan, this Zoning Ordinance, or any other plan, program, map or ordinance adopted, or under consideration pursuant to official notice, by the City of Brook Park.
      (3)   The proposed use at the proposed location shall be served adequately by, and shall not impose an undue burden on, essential public facilities and services such as highways, streets, parking, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools.
      (4)   The proposed use at the proposed location shall not be designed, constructed or operated in a manner as to so dominate the immediate vicinity that the use would be incompatible with or injurious to the use and enjoyment of neighboring property, or otherwise would significantly diminish or impair property values within the vicinity. In determining whether the proposed conditional use would so dominate the immediate vicinity, consideration shall be given to:
         A.   The location, nature and height of buildings, structures, walls and fences on the site; and
         B.   The nature and extent of screening to be employed on the site.
      (5)   The proposed use at the proposed locations shall comply with all applicable regulations of this Zoning Ordinance, including lot size requirements, bulk regulations, use limitations, performance standards, and any additional standards imposed on it by the particular provision of this Zoning Ordinance authorizing such use.
      (6)   The benefits to be derived by the City of Brook Park from the proposed use at the proposed location outweigh the loss of, or damage to, any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic or historic features of significance, and outweigh the personal and economic costs of any disruption to the lives, businesses and property of individuals affected by the proposed use.
      (7)   The proposed use at the proposed location shall be compatible with and not injurious to the use and enjoyment of neighboring property, and shall not significantly diminish or impair property values within the vicinity.
      (8)   Adequate access roads or entrance and exit drives shall be provided and shall be designed so as to prevent traffic hazards and provide for the safe and convenience movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development.
      (9)   Adequate nuisance prevention or control measures have been or shall be implemented and maintained to prevent or appropriately mitigate offensive odors, fumes, smoke, air pollution, dust, noise, vibration, visual blight, liquid or solid wastes, bio—hazards, heat, glare, storm water runoff and other adverse effects associated with the proposed use at the proposed location.
      (10)   Adequate on-site lighting shall be provided for the safety of patrons, employees and property and shall be adequately shielded or directed so as not to disturb or adversely affect neighboring properties.
      (11)   The proposed use at the proposed location is consistent with prior plans, master plans and projections of the applicant, if any, upon which the City of Brook Park has based planning or zoning decisions or, where inconsistencies exist, any such inconsistency is outweighed by the benefits to the community associated with the proposed use.
(Ord. 7866-1993. Passed 10-19-93.)
1121.35 REVOCATION OF CONDITIONAL USE PERMIT.
   A conditional use permit shall become null and void if construction of the proposed use has not begun within one year after approval by the Planning Commission. The Commission, with the consent of Council, may revoke a conditional use permit upon finding that the use does not comply with the Zoning Ordinance nor the conditions and safeguards established for such use pursuant to Section 1121.34. Upon revocation of a conditional use permit, all buildings and uses shall conform to the standards and requirements of permitted main and accessory uses established for the zoning district.
(Ord. 6884-1986. Passed 9-16-86.)
1121.36 MANDATORY CONDITIONS AND SAFEGUARDS.
   Notwithstanding the provisions of Section 1121.34, the following conditions and safeguards shall be satisfied prior to the granting of a conditional use permit, except as expressly provided herein below.
   (a)   Survey and Approval by City Engineer or Consulting City Engineer. The City Engineer or Consulting Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed building set forth in the application for a building permit and shall forward his opinion to the Building Commissioner and the Planning Commission prior to any approval of a building permit and prior to approval of the Planning Commission.
   (b)   Site Plan and General Building Plan Review and Approval. Whenever site plan and general building plan review and approval is required pursuant to this Zoning Ordinance, an application shall be filed with the Planning Commission. On the date of such filing, a copy of the application and all included information and materials shall also be filed by the applicant with the Building Commissioner. The approval or disapproval of such applications, as well as procedures for submission of the plan to Council, plus Council's power to override the Commission's formal action shall be conducted pursuant to City Charter Section 10.03. No modification or change in any building, structure, use, development or activity so approved shall be made except upon application to the Commission and Council as required herein for the building, structure, use, development or activity sought to be modified or changed. The application shall contain the following information and materials:
      (1)   The applicant's name and address and his interest in the subject property;
      (2)   The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;
      (3)   The street address and legal description of the property;
      (4)   The zoning classification and present use of the subject property;
      (5)   The proposed use or uses and a general description for the proposed development;
      (6)   A final plan or replat of the subdivision, as approved pursuant to Chapter 1111 of the Planning and Zoning Code;
      (7)   If the property is subject to the Master Plan, as defined in Chapter 1104, a statement indicating and explaining how the proposed use substantially conforms to the Master Plan;
      (8)   Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the property, including, at a minimum, existing soil conditions, water courses, marshes, trees with trunk diameters in excess of four (4) inches, rock outcroppings and existing contours in excess of two (2) feet in one hundred (100) feet;
      (9)   Map(s) showing the location, size, use and arrangement of all proposed buildings and computations showing height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, number and size of dwelling units, number of bedrooms, in residential uses, and building separations;
      (10)   Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure;
      (11)   Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways; driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including slope and gradient of vehicular elements; and total lot coverage of all circulation elements, divided between vehicular and pedestrian ways;
      (12)   The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations;
      (13)   All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and dimensions of flow;
      (14)   Location, height, size and arrangement of all outdoor signs and the location, intensity, direction and shielding of all outdoor lighting;
      (15)   Location and height of fences of screen plantings and the type or kind of building materials or plantings to be used for fencing or screening;
      (16)   Final elevations of proposed structures with the type or kind of building materials used; calculations of the percentage of masonry of the entire structure;
      (17)   Location, designation and total area of all usable open space;
      (18)   A soil erosion control plan for the period during which construction will be taking place;
      (19)   In the case of any proposed use requiring a conditional use permit, any information necessary to demonstrate compliance with all conditions imposed on the proposed conditional use by this Zoning Ordinance; and
      (20)   Any other information, materials, documents or testimony that may be required by the Planning Commission or Building Commissioner to determine that the application is in compliance with the codes and ordinances of Brook Park.
   (c)   Additional Information Required. Whenever a conditional use permit is required pursuant to this Zoning Ordinance, the following additional information shall be submitted as part of the application for site plan and general building plan review and approval required by subsection (b) hereof, subject to the provisions of subsection (d) hereof:
      (1)   All final environmental assessments and environmental impact statements for the proposed building, structure, use, development or activity if either or both are required pursuant to State or Federal law, including but not limited to the National Environmental Policy Act of 1969, as amended;
      (2)   Copies of all studies or analyses upon which have been based projections relied upon by the applicant of the need or demand for the proposed building, structure, use, development or activity, together with copies of all studies or analyses upon which the applicant has relied in selecting a location for the proposed building, structure, use, development or activity over alternatives thereto;
      (3)   A description of the present use, assessed value and actual value of land which will be used by the proposed building, structure, use, development or activity, together with a description of the expected future use of all such land, including all long-term plans and master plans of the applicant for the future use or development of such land;
      (4)   A description of the applicants ability to obtain needed easements (including, but not limited to, those necessary for drainage, waste disposal, utilities, and avigation) for the proposed building, structure, use, development or activity;
      (5)   A description of the feasibility and costs of any necessary removals of, or modifications to, residential, commercial and public structures in connection with the proposed building, structure, use, development or activity and with each alternative thereto considered by the applicant;
      (6)   A description of all special construction requirements for the proposed building, structure, use, development or activity and for each alternative thereto considered by the applicant, including descriptions of special geologic features and availability of special materials needed for construction;
      (7)   A description of ingress and egress to and from the proposed building, structure, use, development or activity, including projections of future ground traffic, traffic impact surveys, descriptions of existing ingress and egress routes, description of necessary or proposed expansions or enlargements of routes and parking areas;
      (8)   If the proposed use or activity will result in increased noise in the City of Brook Park, data demonstrating compliance with the guidelines set forth in Section 1121.38(f) of the Planning and Zoning Code;
      (9)   Copies of all studies undertaken or considered by any local, State or Federal agency in connection with the proposed building, structure, use, development or activity.
   (d)   Waiver of Certain Application Requirements.
      (1)   Council, upon recommendation by the Planning Commission, may, after a public hearing, waive any part or all of the application requirements set forth in subsection (c) hereof upon petition by the applicant stating and establishing that:
         A.   Full compliance with such application requirements would be unreasonably burdensome; and
         B.   The proposed building, structure, use, development or activity will not have a substantial impact on adjacent or surrounding areas.
      (2)   A waiver may be granted only if Council determines that the waiver petition is sufficient upon which to find that the proposed building, structure, use, development or activity will comply fully with all applicable ordinances and master plans of Brook Park and that the proposed building, structure, use, development or activity will not have a substantial impact on adjacent and surrounding areas.
(Ord. 7862-1993. Passed 10-19-93.)
1121.37 U-6 COMMERCIAL, RESEARCH AND DEVELOPMENT DISTRICT.
   (a)   Intent. The U-6 Commercial, Research and Development District and regulations are established to achieve the following purposes:
      (1)   To provide areas for office uses and aerospace research and development activities and their directly related educational, industrial, support and service uses. Industrial is not to include mass production and mass manufacturing of products.
      (2)   To minimize the impact between these uses and adjacent residentially zoned property.
   (b)   Regulations and Development Guidelines.
      (1)   Buildings and land shall be used and buildings shall be designed, erected, altered or maintained only for uses specifically permitted in the U-6 District.
      (2)   The main buildings or main uses permitted shall be the only buildings and uses permitted by right. Accessory buildings or uses as set forth shall be permitted by right, provided such building or use is planned and developed integrally, clearly incidental and located on the same building lot as the main building or use.
   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered or maintained in whole or in part in a U-6 District only for the uses set forth in the following schedule and regulations:
      (1)   Main buildings and uses permitted.
         A.   Offices.
         B.   Research and development facilities.
         C.   Educational, industrial, support and service uses directly related to the permitted uses listed above. Industrial is not to include mass production and mass manufacturing of products.
      (2)   Similar main uses permitted. Other commercial establishments or uses not listed above or other use classification as determined to be similar in character and operation by the Planning Commission to the uses so listed may be permitted.
      (3)   Accessory uses permitted. Accessory uses which are incidental to the main use and are planned and integrated with the main building shall be permitted such as:
         A.   Off-street surface and garage parking and loading facilities.
         B.   Fully enclosed or screened maintenance and storage facilities.
         C.   Signs: tenant identification, real estate and development.
         D.   Landscaping, lighting and screening.
   (d)   Performance Standards. No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, bio-hazards, heat, glare, dust, storm water runoff or other such adverse influences except as permitted by Federal, State, County or local standards.
   (e)   Lot Area and Width Regulations.
      (1)   The minimum lot width for all privately owned lots shall be at least 200 feet;
      (2)   The minimum lot area for all privately owned lots shall be two acres.
   (f)   Lot Coverage Regulations. The land area occupied by the sum of the main and accessory buildings for all privately owned lots shall not exceed fifty percent of the lot.
   (g)   Yard Regulations.
      (1)   Front yards. All buildings on privately owned lots shall be set back at least fifty feet from the existing or planned right-of-way of any public street. No loading, maintenance or storage facility shall be located within the front yard of a privately owned lot.
      (2)   Side yards. Each privately owned lot shall maintain side yards of at least twenty-five feet or the height of the building, whichever is more. Where the side lot line is adjacent to a zoned residential district, the side yard shall not be less than forty feet.
      (3)   Rear yards. Each privately owned lot shall maintain rear yards of at least twenty-five feet or the height of the building, whichever is more. Where the rear lot line is adjacent to a zoned residential district, the rear yard shall be not less than forty feet.
(Ord. 7198-1988. Passed 12-20-88; Ord. 8604-1999. Passed 11-30-99; Ord. 8831-2001. Passed 11-20-01.)
1121.38 LAND USE COMPATIBILITY GUIDELINES AND CRITERIA FOR CONSIDERATION OF NOISE IMPACTS IN ALL ZONING AND PLANNING DECISIONS.
   (a)   Purpose. The responsibility for determining the relationship between acceptable and permissible land uses and specific noise levels rests with the City of Brook Park. Noise has the clear potential to cause substantial adverse effects on the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park beyond the boundaries of the property on which the noise is generated. Accordingly, this section establishes land use compatibility guidelines and criteria for noise impacts which are to be considered in all zoning and planning decisions by the City of Brook Park, and, to the maximum extent permitted by Federal, State or local law, decisions by Federal and State governments, counties, townships and other municipalities and local governments.
   (b)   Definitions. Unless otherwise defined below, all terms in this section have the same meaning as set forth in Section 510.01 of the General Offenses Code of Brook Park. For the purposes of this section:
      (1)   "City" means the City of Brook Park, the Mayor, Council and any agency, department or instrumentality of the City of Brook Park and any officer, agent or employee thereof.
      (2)   "Commercial Area" means an area which is zoned as a Class U-3, U-3A, U-3B, U-3C or U-3D Use District.
      (3)   "Cultural Resource Area" means publicly or privately owned archeological or historical site of national, state or local significance.
      (4)   "Daytime" means the period from 7:00:01 a.m. to 9:59:59 p.m.
      (5)   "Day-Night Average Sound Level (Ldn)" means the annual average of the 24-hour energy average of A-weighted sound pressure level, with the levels during the Nighttime increased by 10 dBA before averaging, as computed in accordance with the methodology contained in the U.S. Environmental Protection Agency publication titled "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety" (March 1974).
      (6)   "Equivalent A-Weighted Sound Level (Leq)" means the constant sound level that, in a given time period, conveys the same sound energy as the actual time-varying A-weighted sound level.
      (7)   "Industrial Area" means an area which is zoned as a Class U-4 or U-5 Use District.
      (8)   "Lmax" means the maximum sound level generated by a single noise event.
      (9)   "Maintenance" means the routine maintenance, repair, landscaping and similar activities to maintain a property, including any structures thereon, in good repair and neat appearance.
      (10)   "Municipal Area" means any area owned or operated by the City which is not otherwise defined.
      (11)   "Nighttime" means the period 10:00 p.m. to 7:00 a.m.
      (12)   "Noise Sensitive Area" means any area designated pursuant to subsection (c) hereof for the purpose of ensuring exceptional quiet and any area designated as a zone of quiet under Section 311.03 of the Traffic Code of Brook Park.
      (13)   "Planned Development Area" means an area which is zoned as a Class U-6 Use District.
      (14)   "Proposal" means any plan, proposal, report, study, or recommendation proposing any new activity or land use, or proposing any change in an existing activity or land use, whether within or without the boundaries of the City of Brook Park, which when implemented may result in any increase in the levels of noise, change the timing of noise or change the geographic distribution of noise, in any area within the City of Brook Park.
      (15)   "Public Entity" means the federal government, a state, any political subdivision of a state, any county, municipality, township or other local government, including any agency, department, instrumentality, officer, agent, or employee of the foregoing. The term "Public Entity" does not include the City.
      (16)   "Residential Area" means an area which is zoned as a Class U-1 or U-2 Use District.
      (17)   "School Area" means any public or private educational facility including, but not limited to, schools, colleges, universities, pre-schools, day care centers, or training facilities.
      (18)   "Weekday" means any day Monday through and including Friday which is not a legal holiday.
      (19)   "Weekend" means any day which is not a Weekday.
   (c)   Designation of Noise Sensitive Areas.
   All religious facilities, hospitals, nursing homes, extended care facilities, homes for the aged, mental institutions, and other medical or psychological treatment facilities at which patients are cared for 24-hours-a-day are hereby designated as Noise Sensitive Areas.
   Pursuant to such procedures as it may establish, the Planning Commission may designate additional properties as Noise Sensitive Areas if the Commission finds that the activities on the property require exceptional quiet and the designation would further the public health, safety, convenience, comfort, prosperity or general welfare of the City of Brook Park or otherwise serve the purposes of this chapter.
   (d)   Consideration of Land Use Compatibility Criteria by the City of Brook
      (1)   The City shall apply the following criteria in considering, preparing, approving, endorsing, adopting, commenting upon, or supporting any proposal:
         A.   Whether the proposal introduces any land use which creates an incompatibility, as defined in subsection (f) hereof;
         B.   Whether the proposal introduces noise which causes or contributes to an incompatibility as defined in subsection (f) hereof; and
         C.   Whether the proposal introduces noise which would interfere with projected or planned moderation in or elimination of incompatibilities as defined in subsection (f) hereof.
      (2)   The City may require a proposal sponsor to provide data necessary for the City to apply the foregoing criteria and may defer consideration, preparation, approval, endorsement, adoption, comment or support of the proposal pending receipt and analysis of satisfactory data.
   (e)   Consideration of Land Use Compatibility Criteria by Any Public Entity. To the maximum extent required or permitted by Federal, State or local law, for every proposal that is prepared, considered, approved, endorsed, adopted, supported or commented upon by any Public Entity, the Public Entity shall apply the criteria set forth in subsection (d)(1) hereof.
   (f)   Land Use Compatibility Guidelines.
      (1)   Table 1 sets forth the guidelines for land use compatibility that have been determined by the City of Brook Park to be consistent with promoting the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park. Compatibility is deemed to exist under these guidelines if noise levels for a land use designation do not exceed either the average levels in column A or the single event levels in column B.
TABLE 1
Land Use Designations
COLUMN A
Day—Night Average
Sound Levels (Ldn)
COLUMN B
Single Event Noise Levels
TABLE 1
Land Use Designations
COLUMN A
Day—Night Average
Sound Levels (Ldn)
COLUMN B
Single Event Noise Levels
Cultural Resource Areas
Below 55 dBA Ldn — compatible;
55 to 65 dBA Ldn —site specific study required pursuant to subsection (f)(3) hereof
Above 65 dBA Ldn — incompatible
Must not impair substantially the value of the site in terms of its historical or cultural significance and must not constitute any "adverse effect" under 36 C.F.R. Part 800
Municipal Areas
Must not exceed 65 dBA Ldn
Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Nature trails and wildlife refuges
Must not exceed 60 dBA Ldn
Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Metro Parks
Must not exceed 60 dBA Ldn
Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Neighborhood parks and playgrounds
Must not exceed 55 dBA Ldn
Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Golf courses, ball fields, outdoor spectator sports areas, amusement areas, riding stables, and recreation areas not otherwise listed in this chart
Must not exceed 60 dBA Ldn
Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Outdoor amphitheaters, music shells
Must not exceed 50 dBA Ldn
During times of performances must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Auditoriums and concert halls
Must not exceed 60 dBA Ldn
Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Noise sensitive areas
Must not exceed 55 dBA Ldn
Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
School areas, libraries
Must not exceed 55 dBA Ldn
Must not exceed the following:
Weekday Daytime
Interior noise level of 60 dBA Lmax; or interior noise level of 45 dBA Leg for the worst hour of the year
Residential Areas
Must not exceed 55 dBA Ldn
Must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Commercial Areas
Must not exceed 65 dBA Ldn
Must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Industrial Areas
Must not exceed 70 dBA Ldn2
Must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
Planned Development Areas
Must not exceed 70 dBA Ldn
Must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances.
 
      (2)   Site-specific studies. Because of the diversity of Cultural Resource Areas, site specific studies must be performed to determine the impact of noise upon such Areas if the average noise levels are less than 65 dBA Ldn but greater than 55 dBA Ldn. Such studies shall consider the use of the particular resource, its historic or cultural significance and the direct and indirect impact which noise may have upon the resource.
      (3)   Multiple land use designations. If a particular property fits within more than one land use designation, the more restrictive land use compatibility guideline shall apply.
   (g)   Projections. In applying the criteria set forth in subsections (d) and (e) hereof, the City or the Public Entity shall consider the compatibility of the proposal upon its implementation and during each fifth year thereafter over the projected life of the proposal, or twenty years, whichever is less.
    (h)   No Repeal. Nothing in this section shall be construed to repeal, amend or otherwise affect any other provision of the ordinances of the City of Brook Park including, but not limited to, Chapter 510 of the Codified Ordinances.
    (i)   Notice to Public Entity. The Mayor, or a person designated by the Mayor, shall send a copy of this section to every Public Entity owning real property within the boundaries of the City of Brook Park. The Mayor, or a person designated by the Mayor, also shall send a copy of this section to any Public Entity which the Mayor has reason to believe may be affected by this section.
(Ord. 7864-1993. Passed 10-19-93.)
1121.39 GOVERNMENTAL IMMUNITY.
   (a)   Upon petition of a governmental entity, Council, upon recommendation of the Planning Commission, may officially recognize that the governmental entity is immune from compliance with this Zoning Ordinance, or from compliance with other identified requirements prescribed by the ordinances of the City of Brook Park, for a particular proposed use or activity:
      (1)   If there exists a directly applicable State or Federal grant of immunity; or
      (2)   In the absence of a directly applicable State or Federal grant of immunity, upon consideration and balancing of all relevant factors including, but not limited to:
         A.   Whether the petitioner has made a reasonable attempt to comply with the Zoning Ordinance;
         B.   The impact of zoning compliance on the public purpose underlying the proposed use or activity;
         C.   The essential nature of the proposed use or activity;
         D.   The impact of the proposed use or activity upon surrounding property; and
         E.   The alternative locations available for the proposed use or activity.
    (b)   Immunity may be recognized pursuant to subsection (a)(2) hereof only after public hearing.
(Ord. 7863-1993. Passed 10-19-93.)
1121.40 U-7 BROOKPARK ROAD CORRIDOR SPECIAL DISTRICT AND U-7AE ADULT ENTERTAINMENT SUB-DISTRICT.
   (a)   Findings. Based on evidence concerning economic and physical conditions in the Brookpark Road corridor presented in hearings before the Council and in the Brookpark Road Corridor Redevelopment Strategy Phase I Report (the "Phase I Report"), which was prepared for the Council in September, 1996, this Council finds that the adoption of a comprehensive zoning regulation designed to begin carrying out the recommendations in the Phase I Report will promote the health, safety and general welfare of the citizens of Brook Park.
   Based on evidence concerning the negative secondary effects of adult entertainment businesses on the community presented in hearings before the Council and in studies of the Brookpark Road corridor and other communities, the Council finds that adult entertainment businesses in Brook Park and in the Brookpark Road corridor cause negative secondary effects such as increased crime rates, decreased property values, curtailed retail trade and deterioration of the quality of urban life. The Council finds that restricting adult entertainment businesses to a subdistrict of the Brookpark Road Corridor Special District, denominated the U-7AE Adult Entertainment Sub-district, will help minimize and control these adverse effects and thereby protect the health, safety and welfare of the citizens of Brook Park, protect citizens from increased crime, preserve property values, and prevent the deterioration of the quality of life in various neighborhoods of the City.
    (b)   Purpose. The purposes of creating the Brookpark Road Corridor Special District are to create a common land use framework for the Brookpark Road corridor, emphasizing redevelopment and physical attractiveness, and to create an appropriate location for adult entertainment businesses, as defined in Section 1121.021 of this Zoning Ordinance, in the Brookpark Road corridor. The U-7 Special District and regulations are established to achieve, among other things, the following objectives:
      (1)   To provide areas for automobile-related manufacturing and technology uses, commercial uses, research and development/light industrial uses, highway oriented uses, automobile sales and service uses, and supporting service uses along the corridor.
      (2)   To facilitate the redevelopment of key properties along the corridor.
      (3)   To enhance the interface between diverse uses along the corridor.
      (4)   To provide flexibility in zoning requirements and land development, while maintaining Municipal approval by means of site plan review.
      (5)   To achieve physical enhancement of the corridor through landscaping, streetscaping and signage.
      (6)   To create a sub-district along the corridor where adult entertainment uses are permitted by right.
   (c)   Map. The Special District Map, as defined in Section 1121.02 of this Zoning Ordinance, is adopted as an integral part of this Zoning Ordinance.
    (d)   Regulations. The following requirements shall apply to all land uses in the U-7 Special District, including the U-7AE Sub-district:
      (1)   Accessory buildings or uses shall be permitted by right, provided such buildings or uses are planned and developed integrally with, are clearly incidental to, and are located on the same building lot as, the main building or use. Accessory uses shall include off-street parking and signs.
      (2)   All proposed uses and accessory uses must comply with Chapter 1123 (Signs) and Chapter 1125 (Off-Street Parking) of this Planning and Zoning Code.
      (3)   Site plans, landscape plans, and general building plans for all uses, including conditional uses, must comply with Section 1121.36(b) (Site Plans) of this Zoning Ordinance.
      (4)   All uses must comply with Section 1121.38 of this Zoning Ordinance with regard to noise impacts.
      (5)   No adult entertainment business, as defined in Section 1121.021 of this Zoning Ordinance, may locate outside the U-7AE Adult Entertainment Sub-district.
      (6)   The following industrial and manufacturing uses are prohibited as a principal business purpose: the storage of second-hand lumber or other used building material, junk, paper or other salvage articles and the wrecking or dismantling of motor vehicles; the reduction of garbage, refuse, offal or dead animals; the manufacture or storage of fireworks or explosives; the manufacture of gypsum, cement, lime or plaster of Paris; the manufacture of acid (including hydrochloric, nitric, sulfuric, sulfurous, hydrofluoric or phosphoric); the smelting of iron, copper, tin or zinc ores; the distillation of bones, fat rendering and glue manufacture; logging, sawmills and planing mills, pulp mills and paper mills; the manufacture and/or storage of ordnance and accessories; and manufacture and/or storage of asbestos products.
   (e)   Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, in the U-7 Special District only, for uses specifically permitted in the U-7 Special District, as set forth in the following schedule and regulations:
      (1)   Uses permitted by right. The following uses are permitted by right in the U-7 Special District:
         A.   Uses primarily engaged in automotive-related research and technology, laboratories and related manufacturing.
         B.   Research and development laboratories, research laboratories, developmental laboratories, and compatible light manufacturing facilities, such as, but not limited to, the following: electronics, metallurgy or chemical.
         C.   Uses primarily engaged in manufacture, research, assembly, testing and repair of components, devices, equipment and systems involving the following items: communication, navigation, guidance and control equipment; and radar, infrared and ultraviolet equipment and related technologies.
         D.   Industrial and manufacturing uses, so long as no noise, odors, vibration, smoke, air pollution, liquid or solid wastes, bio-hazards, heat, glare, dust, stormwater runoff or other such adverse influences violate Federal, State, County or local laws or regulations.
         E.   Offices, including professional, medical, executive, administrative and sales offices.
         F.   Commercial uses, except those listed in paragraph (e)(2) hereof.
         G.   Retail uses, except those listed in paragraph (e)(2) hereof.
         H.   Cultural facilities.
         I.   Public meeting places/halls.
         J.   Cemeteries and crematories.
         K.   Public utility and transit rights of way and pertinent structures.
         L.   Restaurants and fast food establishments.
         M.   Government owned and/or operated buildings and facilities as defined and regulated in Chapter 1104 of this Planning and Zoning Code
      (2)   Conditional uses. Conditional uses are those uses that have some special impact or uniqueness such that their effect on the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park cannot be determined in advance.
         The U-7 Special District has been divided into zones that are designed to guide uses with like impacts into concentrated areas. These zones are:
            Zone A: Transportation
            Zone B: Light Industry/Commercial
            Zone C: Automotive Services
            Zone D: Highway Oriented
         These zones are identified on the Special District Map, as defined in Section 1121.02 of this Zoning Ordinance. The following uses are permitted to locate in the U-7 Special District only upon approval of a conditional use permit pursuant to Section 1121.34 of this Zoning Ordinance, and only in the zones designated below, subject to the conditions set forth in this section (SIC=Standard Industrial Classification):
         A.   Establishments engaged in furnishing transportation by line-haul railroad, switching and terminal establishments (Major Group SIC Code 40). Such uses must be located within the A, B or D Zones identified on the Special District Map.
         B.   Establishments engaged in furnishing local and suburban passenger transportation by bus, rail or subway and establishments providing transportation to local scenic features (SIC Code 41). Such uses must be located within the A, B, C or D Zones identified on the Special District Map.
         C.   Establishments furnishing local or long distance trucking or transfer services (Major Group SIC Code 42). Such uses must be located within the B Zone identified on the Special District Map.
         D.   Establishments engaged in warehousing, the storage of furniture and other household goods, or the storage of commercial goods of any nature (Major Group SIC Code 42). Such uses must be located within the B Zone identified on the Special District Map.
         E.   Establishments engaged in the generation, transmission and/or distribution of electricity, gas and sanitary services (Major Group SIC Code 49). Such uses must be located within the A, B, C or D Zones identified on the Special District Map.
         F.   New and used automobile and truck sales and service. Such uses must be located within the D Zone identified on the Special District Map.
            Incidental storage of any vehicle in need of repair for a continuous period of more than twenty-four hours shall be located entirely behind the main building and screened from view.
         G.   Gasoline service stations. Such uses must be located within the A, C or D Zones identified on the Special District Map.
         H.   Automotive services (washing, lubrication, detailing, body shops, customizing and minor repairs). Such uses must be located within the C Zone identified on the Special District Map.
            Incidental storage of any vehicle in need of repair for a continuous period of more than twenty-four hours shall be located entirely behind the main building and screened from view.
         I.   Commercial amusement establishments, including bars, theaters, bowling alleys, skating rinks, dance halls and pool parlors. Such uses must be located within the A, B, C or D Zones identified on the Special District Map.
         J.   Hotels and motels. Such uses must be located within the D Zone identified on the Special District Map.
      (3)   U-7AE Adult Entertainment Sub-district. Buildings and land shall be used, and buildings in the U-7AE Sub-district shall be designed, erected, altered or maintained, in whole or in part, only for the uses set forth in the following schedule and regulations. The following uses are permitted by right:
         A.   Adult entertainment businesses, as defined in Section 1121.021 of this Zoning Ordinance.
         B.   Those uses allowed by right or by conditional use permit in paragraph (e)(1) or (2) hereof, except that hotels and motels, and escort agencies as defined in Section 766.01 of these Codified Ordinances, may not locate within the U-7AE Sub-district.
   (f)   General Regulations. Uses within the U-7 Special District, including the U-7AE Sub-district, shall comply with the following requirements:
      (1)   Lot area and width regulations.
         A.   The minimum lot width at the building line shall be at least 110 feet. All main buildings shall be oriented toward the front lot line.
         B.   The minimum lot area shall be one-half acre.
      (2)   Lot coverage regulations. The land area occupied by the sum of the main and accessory buildings shall not exceed fifty percent of the lot. The floor area ratio (FAR) for any lot shall be a maximum of .5.
      (3)   Yard regulations.
         A.   Front yard setback. All buildings or parking lots shall be set back at least ten feet from the existing or planned right-of-way of public streets.
         B.   Side yard setback. All buildings or parking lots shall be set back at least ten feet from the nearest side lot line.
         C.   Front and side yard setbacks for corner lots. All buildings or parking lots located on a corner lot shall be set back at least ten feet from the existing or planned right-of-way of all abutting public streets.
         D.   Rear yard setbacks. All buildings and parking lots shall be set back at least ten feet from the rear lot line.
      (4)   Height Regulations.
         A.   Limitations. The height of any main building or accessory use shall not exceed four stories or fifty feet maximum height, except that this limitation shall not apply to restrict the height of the following when such shall extend not more than ten feet above the building or structure: belfries, domes, water towers, church spires, observation towers, elevator bulkheads, stage towers, scenery lofts, antennas, or other miscellaneous mechanical appurtenances, when erected upon and as an integral part of the building. The provisions of this paragraph shall not prevent the erection above the height limit of a parapet wall or cornice solely for ornament and without windows extending above such height limit no more than three feet.
         B.   Airport-related height limitation. Any structure that may penetrate the airspace of the Cleveland Hopkins International Airport must conform to Ohio R.C. 4561.30 et seq., and the rules and regulations promulgated thereunder.
      (5)   Landscaping and screening.
         A.   Landscaping (i.e., trees, shrubs and flowers) shall be in a manner complementary to the site, and shall be required within the front and side yards of each lot, with the exceptions of walks, driveways, parking and facilities.
         B.   Free-standing trees on any lot which have a trunk of six inches or more in diameter (measured at three feet above grade) shall be preserved or replaced with trees of a diameter of four inches or larger.
         C.   All exterior maintenance and storage areas shall be screened from direct view from both the public right-of-way and adjoining private property, by either architecturally compatible fencing or masonry walls, and buffered with landscape material.
         D.   All sites shall adhere to the following general landscaping requirements:
            1.   General landscaping: No less than one shrub for every three linear feet of site frontage, to be placed in the front yard setback.
            2.   Street trees along site frontage: Street trees shall be planted in the front yard setback, along the street frontage, at a rate of no less than one tree per forty feet of frontage, with no less than three trees per site. Street trees shall be planted forty feet on center.
            3.   Parking lot trees: No less than one tree for every ten parking spaces and no less than two trees per lot. Each tree must be within a 100-foot radius of the next tree. Where a parking lot abuts the front yard setback, in whole or in part, any street trees that are planted along the site frontage in compliance with paragraph (f)(5)D.2. hereof and that are adjacent to the parking lot may be counted towards satisfaction of the tree requirement of this paragraph.
            4.   Parking lot hedge: Any parking lot located in whole or in part within the front yard setback shall be screened from the public right-of-way by a continuous evergreen hedge three feet in height. This hedge requirement shall be in addition to the requirements for street trees and parking lot trees.
(Ord. 8394-1997. Passed 1-27-98.)
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