(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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