(a) Nuisances Not Permitted.
(1) Any use that is injurious to adjacent premises or occupants thereof by reason of the emission of dust, fumes, odors, gas, smoke, noise or vibrations, or which is dangerous to life or property shall be considered a nuisance and shall not be permitted.
(2) No junk, inoperative or unlicensed vehicles, except for the inventory of unlicensed new or used cars for sale, shall be permitted to remain outside on any property in a U-4, U-5 or U-6 District for more than 48 hours.
(b) Compliance with Other Regulations. All uses shall comply with applicable Federal, State and local regulations including any licensing requirements. Failure at any time to comply with such rules, regulations and licensing requirements shall be deemed to be a violation of this Planning and Zoning Code.
(c) Minimum Lot Width. For corner lots, whenever the regulations of this chapter specify a minimum lot width, such width shall be measured along the primary street frontage, as determined by the Zoning Commissioner.
(d) Obstructions in Sidewalks. Public sidewalks shall be kept clear of obstacles and the safe passage of pedestrians shall be maintained at all times.
(e) Restrictions on Business Hours, when Uses Abut Residential District.
(1) No use that abuts a residential district shall be open between 2:30 a.m. and 6:00 a.m. except as otherwise regulated in the Euclid Codified Ordinances or by the Planning and Zoning Commission as part of the approval of a conditional use.
(2) No car wash that abuts a residential district shall be permitted to operate between the hours of 11:00 p.m. and 8:00 a.m. Owners of such car washes shall implement reasonable and necessary measures to prevent access to and use of car wash facilities between the hours of 11:00 p.m. and 8:00 a.m.
(f) Landscaping and Buffering Requirements.
(1) Landscaping along the street frontage. Every lot in a U-4, U-5, or U-6 District shall provide a landscaped strip along the public street right-of-way, excluding driveway openings, in accordance with the following:
B. The minimum landscaping shall consist of the following:
1. Three major shade trees shall be provided for every 100 linear feet of the landscaped strip or fraction thereof, not including drive entrances.
Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.
2. Twenty shrubs shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances. Each shrub shall be container grown in not less than three gallon containers and shall not be less than 24 inches in height at time of planting and shall not be pruned to less than 24 inches in height.
C. All areas of a landscaped strip not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment, excluding paving or gravel.
D. Any landscaped strip adjacent to a parking area shall be protected from encroachment by vehicles by a curb or other barrier system.
E. Trees and shrubs may be aggregated appropriately, as approved by the Architectural Board of Review.
(2) Buffer requirements for uses abutting Residential Districts. In locations where a use in a U-4, U-5 or U-6 District abuts a residential district, such use shall provide a buffer zone along the entire length of the common boundary between the U-4, U-5 or U-6 use and the residential district:
A. The buffer area shall have a minimum width of ten feet, measured from the lot line that abuts the residential district.
B. The buffer area shall be landscaped with grass, shrubbery and trees, as approved by the Architectural Board of Review.
C. The buffer area shall contain a solid fence or masonry wall three feet in height from the residential building line to the street and six feet in height from such residential building line to the rear of the residential district property line.
(3) General requirements for landscaping. Buffering and screening.
A. All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
B. Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.
C. All required landscaping shall be maintained in healthy condition and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.
D. Vehicle parking shall not be permitted in any landscaped area or area that is not paved.
(4) Flexibility in the arrangement and placement of landscaping and screening. The standards and criteria in this subsection (f) establish the City's levels of landscaping and buffering intensity expected. However, in applying these standards during the review of the landscaping plan the Architectural Review Board may:
A. Exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.
B. Grant a waiver allowing existing conditions, trees and/or vegetation retained on site to be used to meet the landscaping and screening requirements when it can be determined that the proposed measures equal or exceed the intent and provisions of Section 1359.05(f).
(5) Applicability of landscaping and buffering requirements. Whenever a building, structure or parking area is proposed to be constructed, altered, or expanded, or a use established or expanded, the applicant shall submit a landscaping plan for review.
A. New construction. The requirements of this section shall apply to any new construction on a vacant lot or redeveloped site.
B. Alterations, expansions or new construction on developed site.
1. Whenever an existing building, structure or parking area is expanded or altered or new construction is proposed on a site with an existing building, structure or use, and the cost of the expansion, alteration or new construction exceeds 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records, the entire site shall be made to comply with the landscaping and screening requirements of this section.
2. Whenever the cost of expansion, alteration or new construction on a lot with an existing building, structure or use does not exceed 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records the minimum landscaping and screening required by this section shall, at a minimum, be provided on the portion of the lot where the alteration, expansion, or new construction is located.
C. Conditional uses. The Planning and Zoning Commission may also require compliance with the landscaping standards in its review of conditional uses.
(g) Metallic Door and Window Guards, Grates, Bars Shutters and Rolling Shutters. The installation or use of any type of metallic window guards or door guards, folding gates, grating or bars shutters or rolling shutters placed across doors or windows in a retail or commercial or industrial use or accessory building shall be conditioned upon the issuance of a special permit by the Planning and Zoning Commission. In reviewing the request for a special permit the business operator must demonstrate the following:
(1) That the business has reviewed the proposed use of any of the items listed in this section with a Crime Prevention Specialist from the Euclid Police Department and determined from that review that other options to provide the desired security are not practical due to physical limitations or cost.
(2) That unprotected windows and doors would be at risk to damage through crime or vandalism, to a degree which would constitute a hardship to the operation of the business. Evidence of hardship shall include but is not limited to the following:
A. Incidents of criminal activity or vandalism on site or in proximity to the subject property.
B. Incidents of criminal activity or vandalism at similar local business establishments.
C. Evidence of particular risk factors for crime or vandalism related to the specific location or physical features of the property, hours of operation and hours of non-operation.
D. Evidence of risks which may be specific to the trade or business involving the application.
(3) Upon finding a need for a special permit, in order to promote high standards of design and operation, the Planning and Zoning Commission shall: refer the special permit application to the Architectural Board of Review which shall review elevation drawings, and installation specifications materials construction documents and color samples based on compatibility with the following factors:
A. The system and installation of window or door guards, folding gates, grating or steel bars placed across doors or windows shall minimize visibility from public streets and where practical shall be entirely installed on the interior of the window and door frames.
B. The security system design and installation shall, as much as is practical, minimize the visibility of track and storage systems as they would be seen from the exterior of the building.
C. Any system to be installed within a multi tenant structure shall consider the context and impact on other tenants of the larger premises.
D. The design shall, to such degree as is practical, minimize the visual impact of the system in both the open and closed positions.
E. The design shall be visually compatible with the surrounding area and the general expectations of the specific use district and adjacent districts applicable to the subject property and its neighborhood context.
F. The owner or tenant shall participate in the City of Euclid “Knox Box” emergency entry program administered through the Fire Department.
(Ord. 201-2008. Passed 10-6-08; Ord. 110-2013. Passed 10-21-13.)