1129.01
Purpose.
1129.02
Principal and conditional permitted uses.
1129.03
Accessory uses.
1129.04
Accessory use regulations.
1129.05
Lot area and frontage regulations.
1129.06
Yard requirement for principal uses.
1129.07
Height regulations.
1129.08
Off-street parking.
1129.09
Supplemental regulations for gasoline stations.
1129.10
Supplemental regulations for motor vehicle sales and leasing.
1129.11
Supplemental regulations for parking decks and parking garages.
1129.12
Supplemental regulations for mixed-use structures.
1129.14
Supplemental regulations for 24-hour operation.
1129.15
Supplemental regulations for media stores.
1129.16
Supplemental regulations for extended business hours of operation.
1129.17
Supplemental regulations for drive-through facilities.
CROSS REFERENCES
Licensing for sexually oriented businesses - see BUS. REG. Ch. 777
Definitions - see P.& Z. 1103.02
Multiple-Family Residence Districts - see P.& Z. Ch. 1127
Additional district regulations - see P.& Z. Ch. 1133
Historic Preservation Districts and Historic Properties - see P.& Z. Ch. 1134
Mixed Use Overlay District - see P.& Z. Ch. 1135
Off-street parking - see P.& Z. Ch. 1143
Planned Development - see P.& Z. Ch. 1156
Antennas - see P.& Z. Ch. 1157
Wireless telecommunication facilities - see P.& Z. Ch. 1159
Conditional uses - see P.& Z. Ch. 1161
Sexually oriented businesses - see P.& Z. Ch. 1163
Signs - see BLDG. Ch. 1329
Commercial District regulations are established to ensure the availability of suitable areas for business and commercial uses while at the same time promoting the most desirable and beneficial use of land that will stabilize and protect the character and value of the residential neighborhoods within the City. Four (4) commercial zoning districts have been established to meet the needs of the community.
(Ord. 87-04. Passed 11-1-2004.)
(a) The C1 Office District has a limited application within the Central Business District of the City. This district seeks to preserve and protect the general character of the area and to allow for expansion around the core as dictated by market conditions.
(b) The C2 Retail District is established to provide standards for the continued operation of small commercial establishments. This district would permit those retail uses that typically locate side by side to create a shopping environment that encourages pedestrian interaction between stores and where stores thrive on being adjacent to other retail uses.
(c) The C3 General Business District is established to provide for commercial uses that generally require independent, freestanding buildings, larger parking areas, and may have unique traffic patterns because of such factors as drive-in facilities.
(Ord. 91-95. Passed 10-7-1996.)
(d) The C4 Public School District is limited to property within the City that is owned by the Lakewood Board of Education at the time of adoption of this Ordinance. This district seeks to preserve and protect the general character of the area and to allow for development and redevelopment of these properties. Any property designated as a C4 Zoning District shall retain its zoning designation should the Board of Education transfer ownership. Any property located in the C4 Zoning District that is not in compliance with the regulations as set forth in Schedule 1129.05 requires an amendment to the Zoning Map pursuant to Section 1105.02 prior to transfer.
(Ord. 87-04. Passed 11-1-2004.)
Unless otherwise provided by law or in this
Code, buildings, structures or land shall only be used or occupied following the adoption of this Code for the uses permitted herein. Schedule 1129.02 enumerates those uses that may locate in a C1 Office, C2 Retail, C3 General Business, and C4 Public School District as a matter of right as a principal use and those uses which may locate in a given district upon obtaining a Conditional Use Permit.
(a) A use listed in Schedule 1129.02 shall be permitted by right in a district when denoted by the letter “P,” provided that all provisions of the Ordinances and this Code have been met.
(Ord. 91-95. Passed 10-7-1996.)
(d) Any use listed in Schedule 1129.02 as a permitted or conditionally permitted use in the base zones of the Mixed Use Overlay District (MUOD) may be permitted as a conditional use in a MUOD, provided that the regulations in Chapter 1135, and all other provisions of the Ordinances and this Code have been met.
(Ord. 61-04. Passed 7-6-2004.)
SCHEDULE 1129.02: PERMITTED USES IN COMMERCIAL DISTRICTS
| ||||
C1 OFFICE | C2 RETAIL | C3 GENERAL BUSINESS | C4 PUBLIC SCHOOL
|
SCHEDULE 1129.02: PERMITTED USES IN COMMERCIAL DISTRICTS
| ||||
C1 OFFICE | C2 RETAIL | C3 GENERAL BUSINESS | C4 PUBLIC SCHOOL
| |
RESIDENTIAL | ||||
Single-Family/Two-Family Dwellings | - | - | - | C |
Multi-Family Dwellings | - | C1 | C1 | C1 |
Mixed Use Structure | P | P | P | C7 |
Hotels/Motels | - | - | P | C7 |
Groups/Convalescent/Nursing/Assisted Living | C | C | P | C7 |
Day-Care Centers (6+ children) | P | P | P | C7 |
Bed and Breakfast Establishment | C | C | C | C |
INSTITUTIONAL | ||||
Funeral Homes | - | C | P | C7 |
Places of Worship | C | C | C | C7 |
Elementary/Secondary Schools | P | P | P | C |
Trade/Vocational Schools | - | C | P | C7 |
Colleges | C | P | P | C7 |
Libraries | C | P | P | C7 |
Hospitals | C | C | P | C7 |
Public Parks and Playgrounds | C | C | C | C7 |
Parking Facility as a Principal Use | P | P | P | C7 |
ENTERTAINMENT | ||||
Indoor Commercial Recreation | - | C | P | C7 |
Theaters, Banquet Hall, Party Center | - | C | P | C7 |
Studios for Instruction | - | P | P | C7 |
Fraternal Organizations | - | C | P | C7 |
Museum/Art Gallery | P | P | P | C7 |
Auditorium | - | C | P | C7 |
FOOD AND BEVERAGE SERVICES | ||||
Restaurant seated Table Service | P2 | P | P | C7 |
Restaurants – Fast Food | C2 | P | P | C2 |
Bar, Tavern, Nightclub | C2 | P | P | C2 |
Outdoor/Seasonal Dining Facility | C3 | C3 | C3 | C3, 7 |
PROFESSIONAL SERVICES | ||||
Offices Including: | ||||
Business, Medical, and Government | P | P | P | C7 |
Medical Clinics/Urgent Care Facility | C | C | P | C7 |
Radio/TV/Video/Audio Production | C | C | P | C7 |
RETAIL/SERVICE USES | ||||
General Retail Including: | ||||
Book and Stationery Stores, | P | P | P | C7 |
Apparel Stores, Florists, | P | P | P | C7 |
Antique Stores, Sporting Good Stores | P | P | P | C7 |
Jewelry Stores, | P | P | P | C7 |
Second Hand and Resale Stores, | P | P | P | C7 |
Specialty Gift Stores, | P | P | P | C7 |
Retail Variety Stores, and | P | P | P | C7 |
Floor Coverings. | P | P | P | C7 |
Media Stores | P4 | P4 | P4 | C7 |
Sexually Oriented Businesses Including: | ||||
Adult Arcades, | P5 | P5 | P5 | - |
Adult Cabarets, | P5 | P5 | P5 | - |
Adult Media Stores, | P5 | P5 | P5 | - |
Adult Novelty Stores,6 | P5 | P5 | P5 | - |
Adult Motion Picture Theaters, | P5 | P5 | P5 | - |
Adult Theaters, | P5 | P5 | P5 | - |
Nude Model Studios, | P5 | P5 | P5 | - |
Sexual Encounter Centers, | P5 | P5 | P5 | - |
Any combination of above. | P5 | P5 | P5 | - |
Service Retail, Including: | ||||
Printing Services, | C 2 | P | P | C 2, 7 |
Shoe Repair, | C 2 | P | P | C 2, 7 |
Photographic Studios, | C 2 | P | P | C 2, 7 |
Tailoring, Dress Making and | C 2 | P | P | C 2, 7 |
Dry Cleaning, | C 2 | P | P | C 2, 7 |
Upholstery. | C 2 | P | P | C 2, 7 |
Body Art Establishment. | C | C | C | |
Convenience Retail, Including: | ||||
Bakeries, Grocery, | P | P | P | C 7 |
Supermarkets, | P | P | P | C 7 |
Beverage Stores including | P | P | P | C 7 |
Liquor, Film/Video Rental, and Drug Stores. | P | P | P | C 7 |
Hard Goods Retail Including: | ||||
Automotive Part and Supplies, | - | P | P | C7 |
Furniture Sales, | - | P | P | C7 |
Hardware and Locksmith Services, | - | P | P | C7 |
Garden Supplies, Nurseries, | - | P | P | C7 |
Lumber and Building Supplies, | - | P | P | C7 |
Appliance Repair and Sales, and | - | P | P | C7 |
Display and Showrooms for any | - | P | P | C7 |
Building Product. | - | P | P | C7 |
Personal Care Services Including: | ||||
Barber and Beauty Shops, | C 2 | P | P | C 2, 7 |
Cosmetology and Cosmetic Salons, | C 2 | P | P | C 2, 7 |
Diet Counseling Centers, | C 2 | P | P | C 2, 7 |
Electrolysis Services, | C 2 | P | P | C 2, 7 |
Fingernail and Tanning Salons, and | C 2 | P | P | C 2, 7 |
Massotherapy Services. | C 2 | P | P | C 2, 7 |
OTHER RETAIL/SERVICES Including: | ||||
Animal Clinics/Hospitals, | - | C | P | C7 |
Veterinarian Offices, and | - | C | P | C7 |
Grooming Services. | - | C | P | C7 |
Marijuana Dispensaries. | C9 | C9 | C9 | |
LAUNDROMAT | - | P | P | C7 |
STORAGE WHOLESALE/UTILITY Including: | ||||
Warehousing, | - | - | C | - |
Wholesale Trade Operations, | - | - | C | - |
Self-Storage Facility. | - | - | C | - |
AUTOMOTIVE SERVICES | ||||
Gasoline Service Station | - | C | P | - |
Motor Vehicle Sales and Leasing | - | C | P | - |
Motor Vehicle Repair Shop | - | C | C | - |
Motor Vehicle Rental or Leasing Agency | C | C | C | - |
Motor Vehicle Washing/Detailing Facility | - | C | C | - |
INDUSTRIAL Including: | ||||
Manufacturing, Processing, | - | - | C | - |
Assembly, and/or Packaging Plant. | - | - | C | - |
Light Industrial (as above, no more than 1,000 sq.ft. or five [5] employees.) | - | C | P | - |
DRIVE-THROUGH FACILITY | C | C | C |
- |
1 As regulated by Chapter 1127.
2 Use is limited to the ground floor of the structure.
3 Permitted only as an accessory use and limited to the ground floor level.
(Ord. 31-17. Passed 11-20-2017; Ord. 32-17. Passed 10-2-2017; Ord. 42-2023. Passed 6-3-24.)
The following accessory uses are permitted in association with and subordinate to a permitted or conditionally permitted use in the C1, C2, C3, or C4 Commercial Districts subject to the regulations of Section 1129.04.
(Ord. 87-04. Passed 11-1-2004.)
(a) Signs as permitted and regulated by Chapter 1329 of the Building Code.
(b) All accessory uses permitted within a Multiple-Family District in connection with permitted multiple-family dwellings as regulated in Chapter 1127.
(Ord. 91-95. Passed 10-7-1996.)
Accessory uses buildings and structures permitted in the C1, C2, C3, or C4 Commercial Districts shall conform to the regulations of this Section.
(Ord. 87-04. Passed 11-1-2004.)
(a) Off-Street Parking Lots. Off-street parking spaces in a parking lot may be located on the same lot as the principal use service or may be located on a separate lot in accordance with Chapter 1143.
(b) Location of Accessory Buildings. Accessory buildings shall be located in a rear yard, and may be located in a side yard that is in compliance with the yard regulations for principal uses set forth in Schedule 1129.06.
(Ord. 91-95. Passed 10-7-1996.)
(c) Wireless Telecommunication Antenna(s). The installation of a wireless telecommunication antenna(s) provided they comply with the standards of Chapter 1159.
(Ord. 24-98. Passed 5-18-1998.)
Principal buildings and uses permitted in the C1, C2, C3, and C4 Commercial Districts shall be located only on a lot that complies with the lot area and frontage regulations set forth in Schedule 1129.05, unless otherwise specifically provided for elsewhere in this Code.
SCHEDULE 1129.05: LOT AREA AND FRONTAGE REGULATIONS | ||||
C1 OFFICE | C2 RETAIL | C3 GENERAL BUSINESS | C4 PUBLIC SCHOOL | |
Minimum Lot Area | 6,000 | 5,000 | 10,000 | 10,000 |
Minimum Lot Frontage | 50 | 40 | 80 | 80 |
(Ord. 87-04. Passed 11-1-2004.)
In C1, C2, C3, and C4 Commercial Districts, each zoning lot shall maintain the minimum front, side and rear yard specified in Schedule 1129.06, except as otherwise provided for in this Section. Each yard shall be unobstructed by a principal use, including outdoor storage of goods, supplies and equipment as permitted in this Section, or a principal building, except as otherwise provided in this Code. Such areas, together with all other portions of the zoning lot not covered by permitted structures, shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition so as to assure adequate screening of parking and loading areas, as well as absorption of rainfall.
SCHEDULE 1129.06: YARD REQUIREMENTS | ||||
C1 OFFICE | C2 RETAIL | C3 GENERAL BUSINESS | C4 PUBLIC SCHOOL | |
Front Yard Depth | As established on the Building Line Map | |||
Rear Yard Depth | One-half (½) the height of the building, but in no case less than five (5) feet 3 | |||
Side Yard Width | none 1, 3 | none 1, 3 | 5 feet 1, 3 | 5 feet 1, 3 |
Side/Rear Yard Depth where adjacent to a residential use or district | 10 feet 2, 3 | 5 feet 3 | 10 feet | 10 feet |
Front Yard Depth, Madison and Detroit | Maximum 5 feet |
1 On a corner lot the side street yard shall be five (5) feet.
2 May be reduced to five (5) feet if a wall or fence with adequate landscape screening is provided.
3 Roof exhausts must be ten (10) feet from property line.
(Ord. 12-11. Passed 5-2-2011.)
In the C1 Office, C2 Retail, C3 General Business, and C4 Public School District the height of a principal structure shall not exceed 120 feet; the height of an accessory structure shall not exceed twenty (20) feet, unless otherwise specified in this
Code.
(Ord. 91-95. Passed 10-7-1996.)
Off-street parking shall be provided, pursuant to Chapter 1143.
(Ord. 91-95. Passed 10-7-1996.)
In addition to the above regulations, gasoline stations permitted in a C3 General Business District shall comply with the following standards. Conditionally permitted gasoline stations in the C2 Retail Business District shall also comply with the regulations for conditional uses set forth in Chapter 1161.
(a) Gasoline stations located on a corner lot shall have not less than 100 feet frontage on each of the two (2) intersecting streets.
(b) Fuel pumps may be erected in a front yard but not less than twenty-five (25) feet from the public right-of-way.
(c) A landscaped area at least five (5) feet wide shall be provided on private property adjacent to the public sidewalk areas, except where interrupted by driveways.
(d) A canopy may be constructed over the pump island provided the canopy shall be no closer than fifteen (15) feet to the right-of-way.
(e) The only services permitted to be performed on a vehicle shall be the dispensing of fuel, oil, air and other motor vehicle fluids.
(f) The location, display or storage of rental trailers, automobiles, trucks or other rental equipment on the premises is not permitted.
(g) No merchandise, except fluids normally associated with the operation of a motor vehicle (e.g.: oil and windshield washer fluid), may be displayed outside the principal structure.
(h) Except while being serviced at a pump island, no vehicles shall be parked between the pump setback line and the front property line; nor on a corner lot shall any vehicles be parked between the pump setback line and the property line on either of the intersecting streets.
(i) No junk or unlicensed motor vehicles will be permitted to remain on gasoline station property outside the principal structure for more than forty-eight (48) hours.
(j) All outdoor wiring, including electrical and telephone wiring, shall be installed underground, excluding utility services.
(k) Locations where such use abuts a residential district or use shall provide landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141; said landscaped area shall be not less than ten (10) feet wide.
(Ord. 91-95. Passed 10-7-1996.)
In addition to the above regulations, business establishments for motor vehicle sales, new or new and used, or automobile leasing permitted in a C3 General Business District shall comply with the following standards. Conditionally permitted establishments in the C2 Retail Business District shall also comply with the regulations set forth in Title Five.
(a) The sale and/or lease of new motor vehicles as a principal use shall be conducted by a dealer who is subject to a franchise agreement principally for the sale of new motor vehicles. The sale and/or lease of used motor vehicles may be permitted as an accessory use to such principal use; such accessory use may be located on a lot other than the lot on which the principal use is located. The sale of used motor vehicles is not a permitted principal use.
(b) The service garage, leasing department and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of automobiles provided these activities are conducted in a wholly enclosed building.
(c) Only repair of motor vehicles customarily associated with new motor vehicle sales shall be permitted, and shall be conducted inside a suitable building.
(d) No motor vehicle not available for sale or lease, or any junk or inoperative motor vehicle may be stored so as to be visible from the public right-of-way for more than a twenty-four (24) hour period.
(e) All outdoor wiring, including electrical and telephone wiring, shall be installed underground, excluding utility services.
(f) Locations where such use abuts a residential district or use shall provide landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141; said landscaped area shall be not less than ten (10) feet wide.
(Ord. 91-95. Passed 10-7-1996.)
Off-street parking decks and parking garages may be located on the same lot as the principal use, or may be located on a separate lot in accordance with Section 1143.06, and shall comply with the following standards:
(a) All parking decks and parking garages shall be approved by the Architectural Board of Review;
(b) A parking deck or parking garage shall comply with the yard requirements for a principal use specified in Schedule 1129.06 except that open parking decks and open garages in which vehicles are visible from the street shall be located not less than the distance dictated by adjoining structures or in their absence as established by the Building Line Map.
(Ord. 91-95. Passed 10-7-1996.)
(a) No dwelling units shall be on the ground floor.
(b) No dwelling units shall be on the same floor as another permitted use.
(c) In a building having dwelling units and other permitted uses, the other permitted uses shall be limited to the ground floor and consecutive floors.
(Ord. 91-95. Passed 10-7-1996.)
(a) Outdoor Dining Facility - means an outdoor dining area or an area wherein twenty-five percent (25%) or more of any exterior wall is movable and is connected or attached to an indoor restaurant, bar, tavern or nightclub. Such a facility shall only be permitted as a conditionally permitted accessory use in the C1 Office, C2 Retail, C3 General Business, C4 Public School District, PD Planned Development and I Industrial Districts.
(Ord. 70-07. Passed 3-2-09.)
(b) A conditionally permitted outdoor dining facility shall comply with the following regulations and those for conditional uses set forth in Chapter 1161.
(1) Outdoor/seasonal dining is used in conjunction with, and is under the same management and exclusive control of, a restaurant, bar, tavern or nightclub located on the same or contiguous property;
(2) Carry out food establishments may be issued a permit for an outdoor/ seasonal dining facility, with a maximum of eight outdoor seats, at the discretion of the Commissioner without the necessity of a conditional use determination by the Commission, subject to the provisions of Section 1161.03(t) as determined to be applicable by the Commissioner.
(Ord. 33-2022. Passed 11-21-22.)
(a) 24-Hour Operation - means a store or any other place of business operating consecutively for twenty-four (24) hours.
(b) Any store or other place of business, including but not limited to all permitted or conditionally permitted uses in the C1 Office, C2 Retail, C3 General Business, and C4 Public School District outlined in Section 1129.02 herein, having an entrance, exit, parking lot, loading dock, trash enclosure, or show window within 250 feet of any single-family, two-family, or multiple-family residential district, shall only be permitted 24-hour operation as a conditionally permitted use.
(Ord. 87-04. Passed 11-1-2004.)
(c) Any store or other place of business which is subject to regulation pursuant to subsection (a) above and is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to Title 43 of the Ohio Revised Code, shall be exempt from the provisions of this Chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of the Chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law.
(d) For purposes of this Chapter, the terms “store or other place of business” shall not be construed to include hospitals and emergency medical centers, regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Chapter.
(e) A conditionally permitted 24-hour operation shall comply with the regulations set forth within this Chapter and those in Chapter 1161.
(f) When a request for a conditional use is applied for under the provisions of this section, notice indicating the time, place and subject of the Planning Commission public hearing held pursuant to subsection 1171.03(f) shall be sent by regular mail to the owners of all properties within a minimum of a 500 foot radius of the subject property. Such conditional use request shall also be subject to the notice procedures as set forth in subsection 1173.02(c).
(Ord. 40-00. Passed 7-17-2000.)
Conditions applicable to certain businesses carrying adult media.
(a) Applicability: This section shall apply to any book store, media store, or video store, in which adult media constitutes more than ten percent (10%) but not more than forty percent (40%) of the stock in trade, or where adult media occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.
(b) Prohibition of Public Display: The owner or operator of a store to which this section is applicable shall have the affirmative duty to prevent the public display of adult media at or within the portion of the business open to the general public.
(c) Display of Adult Media: Adult media in a store shall be kept in a separate room or section of the store, which room or section shall:
(1) Not be open to any person under the age of eighteen (18);
(2) Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight (8) feet high or to the ceiling, whichever is less;
(3) Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
(4) Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section.
(Ord. 25-01. Passed 7-2-2001.)
(a) Any store or other place of business, including but not limited to all permitted or conditionally permitted uses in the C1 Office, C2 Retail, C3 General Business, and C4 Public School District outlined in Section 1129.02 herein, having an entrance, exit, parking lot, loading dock, trash enclosure, or show window within 250 feet of any single-family, two-family, or multiple-family residential district, shall only be permitted to be open for the transaction of business after 12:00 a.m. or before 6:00 a.m. of any day as a conditionally permitted use.
(b) Any store or other place of business which is subject to regulation pursuant to subsection (a) above and is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to Title 43 of the Ohio Revised Code, shall be exempt from the provisions of this Chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of the Chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law.
(c) For purposes of this Chapter, the terms “store or other place of business” shall not be construed to include hospitals and emergency medical centers, regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Chapter.
(d) A conditional permit for extended business hours of operation shall comply with the regulations set forth within this Chapter and those in Chapter 1161.
(Ord. 124-05. Passed 2-6-2006.)
A drive-through facility shall be conditionally permitted in C1 Office, C2 Retail, C3 General Business, and PD Planned Development only as an accessory use to permitted or conditionally permitted uses. No drive-through facility shall be permitted as an accessory use to a sexually oriented business. The sale or offering for sale of any alcoholic beverage shall not be permitted within a drive-through facility.
(Ord. 43-11. Passed 1-17-2012.)