(a) Establishment of U-8 Airport Overlay District. The U-8 Airport Overlay District is hereby established for the area defined in Exhibit A attached to Ordinance 8818-2001, passed October 2, 2001, and incorporated herein by reference as if fully set forth herein.
(b) Intent. The U-8 Airport Overlay District and regulations are established to achieve the following purposes:
(1) To allow existing residences in the area designated for the expansion of Cleveland Hopkins International Airport (the "Airport") to continue as permitted uses;
(2) To protect such existing residences by permitting airport uses only under conditions that will reasonably minimize impacts to such residences; and
(3) To provide an area for airport uses in order to permit the expansion of the airport in an appropriate manner.
(c) Relation to Zoning Districts. The U-8 Airport Overlay District and regulations pertaining to it shall be in addition to the zoning districts and regulations established in other sections of the Planning and Zoning Code, Chapter 1121 of the Codified Ordinances (the "underlying zoning district regulations"). Nothing in this Section 1121.43 is intended to amend, modify or otherwise change such zoning districts and regulations except as specifically set forth in this section.
(d) Relation to Zone Map. The inclusion of land in the Airport Overlay District shall be in addition to the zoning districts as established on the Zone Map, and nothing in this Section 1121.43 is intended to amend, modify or otherwise change the zoning district boundaries as shown on the Zone Map.
(e) Definition. For the purposes of this section, "airport use" means runways, taxiways, airport terminals, runway protection zones or other areas established proximate to a runway that are designed to protect people and property on the ground from aircraft maneuvers, radio navigation aid towers, surveillance radars, hangars, warehouses or other facilities for the storage of airport related supplies and equipment, fencing, lighting, airport offices, construction materials storage, fill storage, flight catering facilities, electrical substations, rotating beacon lights, deicing pads, cargo warehouses, airport user offices, freight forwarder/acceptance buildings, aircraft parking aprons, or facilities for the maintenance of aircraft or airport related equipment, all of the above to be in connection with the airport. Commercial or industrial development not directly and substantially related to the air transportation of persons or property does not constitute an "airport use" for purposes of this section.
(f) Permitted Uses. On any property located in the U-8 Airport Overlay District, buildings and land shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, only for uses specifically permitted in the underlying zoning district regulations, or airport uses.
(g) Regulations. To provide a transition from residential to airport uses, the following requirements apply to all airport uses in the U-8 Airport Overlay District:
(1) Underlying zoning regulations. Airport uses shall not be subject to any requirements of the underlying zoning district regulations related to building setbacks, yards, height restrictions, landscaping, buffer zones, fences and walls, and off-street parking.
(2) Off-premises impacts. All cinders, dust, flashing, fumes, gases, noises, odors, refuse matter, smoke, vapors and vibrations from airport uses shall be effectively contained so as not to be dangerous or harmful to the public health.
(3) Time-of-day restrictions. On any street or block where one or more dwellings, apartment houses, apartment hotels or other single, double or multifamily residential structure (collectively "residence") in the City that was in existence on February 1, 2001, are located, no trucking operations, construction activities, or activities with similar impacts shall be conducted before 8:00 a.m. or after 9:00 p.m., Monday through Saturday, or before 10:00 a.m. or after 8:00 p.m. on Sunday, unless necessary to protect the public health and safety.
(4) Setbacks and buffer zones.
A. No airport use shall be located on a lot closer than 250 feet from any lot on which a residence in the City that was in existence on February 1, 2001, is located.
B. The following airport uses shall not be located on any lot closer than 500 feet from any lot on which a residence in the City that was in existence on February 1, 2001, is located:
1. Radio navigation aid towers, surveillance radars, lighting, or rotating beacon lights of a height greater than thirty-five feet and less than sixty feet; and
2. Storage of construction or fill material of less than fifty cubic yards that is not sheltered in an enclosed building and that is to be used at the airport, except if such material is to be used in connection with an airport use for which the City has issued a building permit.
C. Except as provided below, the following airport uses shall not be located on any lot closer than 1,000 feet from any lot on which a residence in the City that was in existence on February 1, 2001, is located:
1. Runways, taxiways, airport terminals, hangars, aircraft parking aprons, electrical substations and/or deicing pads;
2. Radio navigation aid towers, surveillance radars, lighting, or rotating beacon lights of a height greater than sixty feet and less than 150 feet; and
3. Storage of construction or fill material in excess of fifty cubic yards that is not sheltered in an enclosed building and that is to be used at the airport, except if such material is to be used in connection with an airport use for which the City has issued a building permit.
Provided, however, that, after the City of Cleveland has demolished all homes in the areas covered by either of the two phases of the U-8 Airport Overlay District as shown on the map attached as Exhibit A to Ordinance 8818, passed October 2, 2001, and made a part hereof as if fully set forth herein, the 1,000 foot separation requirement provided for in this division (g)(4)C. shall be measured only from any lot on which a residence in the U-8 Airport Overlay District is located.
(5) Height.
> A. The height of any airport use shall not exceed two and one-half stories or thirty- five feet on any street or block where one or more dwellings, apartment houses or apartment hotels in the City that were in existence on February 1, 2001, are located, or otherwise fifteen stories or 150 feet on any other street, except as provided in division (g)(4) above. These limitations 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, observation towers, elevator bulkheads, or other miscellaneous mechanical appurtenances, when erected upon and as an integral part of the building. The provisions of this division 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 by no more than three feet.
B. No equipment or material shall be stored, whether temporarily or permanently, in a manner that creates a stockpile of a height that exceeds the restrictions set forth in division (g)(5)A.
(6) Landscaping and screening. The City of Cleveland shall provide landscaping and screening to provide a buffer around airport uses and fences that are in place for more than one year, unless otherwise approved by the Planning Commission. Prior to establishing any airport use or fence, the City of Cleveland shall submit to the Planning Commission a plan comporting with Section 11.03 of the City Charter setting forth how the City of Cleveland will:
A. Screen such airport use or fence from streets and residences;
B. Maintain access to residential property not acquired by the airport; and
C. Provide security for property acquired by the City of Cleveland.
The City shall not unreasonably withhold approval of such plan.
(7) Signs. On any street or block where one or more residences in the City that were in existence on February 1, 2001, are located or on a structure adjacent to a public street, all proposed uses and accessory uses must comply with Chapter 1123 of this Planning and Zoning Code.
(8) Off-street parking. On any street or block where one or more residences in the City that were in existence on February 1, 2001, are located, all airport uses must provide off-street car and truck parking for employees, owners and others coming to the premises on matters incidental to the use thereof.
(Ord. 8818-2001. Passed 10-2-01.)