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DOCKET OF A MEETING OF LAKEWOOD CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 15, 2025 7:30 P.M. The Regular Meetings of Lakewood City Council shall be held on the first and third Mondays of each month at 7:30 P.M., except that when such meeting date falls on a holiday such meeting shall instead be held on the following day. A Docket and Agenda of the business proposed to be transacted by Council will be available in the Clerk’ s Office and on the City’ s website www.lakewoodoh. gov the Friday before a Council meeting. Individuals with disabilities who require accommodations for participation in meetings must request accommodations at least 3 business days ahead of the scheduled meeting. Contact Michelle Nochta at (216) 529-5906 michelle. nochta@lakewoodoh. net. Protocol for public comment can be found at the end of this docket. The public may view a livestream of the meeting at the following link. www.lakewoodoh. gov/councilvideos I. Pledge of Allegiance II. Moment of Silence III. Roll Call IV. Reading & disposal of the minutes i. Reading & disposal of the Minutes of the Regular Meeting of Council held September 2, 2025. V. Reports, legislation and communications from Members of Council, the Mayor and other City Officials. OLD BUSINESS*** 1. Report from Housing, Planning, & Development Committee held September 8, 2025. ( to be provided) 2. Report from Committee of the Whole held Sept. 12th and Sept 15th, 2025 ( to be provided) 3. RESOLUTION 2025-44 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor or her designee to enter into agreements to participate with other communities and the State of Ohio http:// mailto:michelle.nochta@lakewoo http://www.lakewoodoh.gov/
in the settlement of opioid claims against various companies ( the “ Settling Defendants”). ( 1st read and referred to COW 9/2/25) (pg. 1) 4. Report from Public Safety Committee held September 15th, 2025 ( to be provided) 5. ORDINANCE 20-2025 - AN ORDIANANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, updating various sections of Chapter 505 Animals and Fowl of the Lakewood Codified Ordinances and creating regulations for trap, neuter/ spay and release of community cats within the City of Lakewood. ( 1st read & referred to PS 05/19/25; 2nd reading 6/2/25) (pg. 3) 6. ORDINANCE 24-2025 - AN ORDINANCE to take effect immediately provided it receives the vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the City of Lakewood, Ohio to transfer title to certain real property located within the City and enter into a Purchase and Sale Agreement with Belle Ave Partners, LLC for the purpose of supporting the redevelopment of certain real property in the City of Lakewood. ( 1st read & referred to COW 7/21/25; 2nd reading 9/2/25) (pg. 11) 7. ORDINANCE 25-2025 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council declaring improvement to real property within the City of Lakewood, Ohio to be a public purpose; exempting such improvement from real property taxation; requiring the owners of the property to make service payments in lieu of real property taxes; establishing an urban redevelopment tax increment equivalent fund for the deposit of service payments, making related authorizations pursuant to Ohio Revised Code Sections 5709.41, 5709.42, 5709.43 and 5709.83; and authorizing a service payment agreement in connection with the same. ( 1st read & referred to COW 7/21/25; 2nd reading 9/2/25) (pg. 23) 8. ORDINANCE 26-2025 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, to approve the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances and to provide for the publication of such new matter. ( 1st read 9/2/25) (pg. 44) 9. ORDINANCE 27-2025 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, repealing Chapter 160, Audit Committee of the Codified Ordinances of the City of Lakewood. ( 1st read and referred to Finance 9/2/25) (pg. 46) NEW BUSINESS*** 10. Communication from President Kepple and Councilmember Strebig regarding Administrative Policy on Gender Freedom. ( pg. 48) 11. RESOLUTION 2025- 45 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take
effect and be in force after the earliest period allowed by law, adopting the City of Lakewood Gender Freedom Policy in response to attacks on transgender rights at the state and national levels. ( pg. 49) 12. Communication from Councilmember Bullock responding to high housing costs in Lakewood by urging state government to provide new tools to local governments to implement targeted property tax relief programs via residential stability zones. ( pg. 52) 13. RESOLUTION 2025- 47 - A RESOLUTION to respond to high housing costs in Lakewood by urging state government to provide new tools to local governments to implement targeted property tax relief programs via residential stability zones. ( pg. 54) 14. Communication from Councilmember Bullock regarding continued enhancement of public input for Active Transportation Plan and other infrastructure projects. ( pg. 56) 15. RESOLUTION 2025- 48 - A RESOLUTION to continue enhancing public input for Active Transportation Plan and other infrastructure projects. ( pg. 57) 16. Report from Councilmember Strebig regarding the August 28th meeting of the Youth Council. ( pg. 59) 17. Communication from Public Works Director Gordon regarding Ohio Public Work Commission ( OPWC) State Capital Improvement Program Grant Fiscal Year 2027. (pg. 60) 18. RESOLUTION 2025- 46 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two-thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the City Engineer to prepare and submit applications to participate in the Ohio Public Works Commission State Capital Improvement and/or Local Transportation Improvement Program( s) and execution of all contracts as required. ( pg. 61) 19. Communication from Fire Chief Fairbanks regarding Fire Engine Purchase. ( pg. 63) 20. Communication from Assistant Planning Director Baas regarding Lakewood Zoning Refresh Project ( 2024-2025) – UPDATED ( Districts and Use Standards) ( pg. 64) 21. August 2025 Finance Department vendor report submitted pursuant to LCO 111.03.(pg. 113) LIQUOR PERMITS*** 22. Liquor Permit Notice – Humble Origins LLC, 15400 Detroit Ave. (pg. 114) PUBLIC COMMENT**** PUBLIC COMMENT PROTOCOL The public is invited to comment on an agenda item or to make comments unrelated to the agenda during the designated public comment period at the end of the meeting. Rules of decorum are outlined in LCO 121.08.
Written Comments Please submit written public comment through the eComment platform available HERE. Written comments must be submitted in advance of the meeting. Written comments not related to topics on the agenda may be submitted under the Public Comment portion of the agenda ( at the end). Requests to Speak in Person The public is invited to attend the meeting and make comments in-person. Please use the signup sheets available in the auditorium. Staff members will be available to help you sign in. ANNOUNCEMENTS*** https://
RESOLUTION NO. BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor or her designee to enter into agreements to participate with other communities and the State of Ohio in the settlement of opioid claims against various companies (the “ Settling Defendants”). WHEREAS, Lakewood has been notified of litigation with various Settling Defendants who are subject to nationwide opioid litigation; and WHEREAS, these notifications are for various class actions and continue to come in through outside counsel that is managing this litigation on behalf of Lakewood and various other entities; and WHEREAS, as there is no room for individual negotiations in a class action lawsuit and in the interest of efficiency, Lakewood would like to agree to participate in all class actions unless otherwise recommended by outside counsel and is agreed to by the Law Director; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public peace, property, health and safety, and to provide for the usual daily operation of municipal departments in order to receive and make these settlement funds available as soon as possible; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor or her designee is hereby authorized to enter into any necessary agreements to participate with other communities and the State of Ohio in the settlement of opioid claims against various companies (the “ Settling Defendants”) as recommended by outside counsel and approved by the Director of Law. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this 001
resolution, and provided it receives the affirmative vote of at least two thirds of the members of Council, this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor; otherwise, it shall take effect and be in force after the earliest period allowed by law. Adopted Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved Meghan F. George, Mayor 002
ORDINANCE NO. 20-2025 BY:STREBIG AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, updating various sections of Chapter 505 Animals and Fowl of the Lakewood Codified Ordinances and creating regulations for trap, neuter/spay and release of community cats within the City of Lakewood. WHEREAS, Trap-Neuter-Return (TNR) programs are endorsed by many respected animal welfare organizations as a humane and effective method of managing cat populations; and, WHEREAS, the existing language in our Code regarding TNR programs lacks necessary specificity, guidance, and protections for those volunteers pursuing TNR as a way to manage community cat populations; and, WHEREAS, under the supervision of the Animal Shelter Supervisor and the authority of the Director of Public Safety, the Lakewood Animal Safety and Welfare Advisory Board and its partners have successfully executed a small-scale pilot TNR program; and, WHEREAS, lessons learned from that program, as well as other updates to the management of animals, specifically cats, are incorporated in this ordinance; and, WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this Ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary to provide for the usual daily operation of the City; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD: Section 1. That Section 505.02 Dogs and Other Animals Running at Large of the Lakewood Codified Ordinances, currently reading as follows: 505.02 DOGS AND OTHER ANIMALS RUNNING AT LARGE. a) No owner, keeper or harborer of any animals or fowl of any kind in the City shall allow or permit such animals or fowl to run at large upon any public place, or upon any unenclosed lands, or upon the premises of another. b) No owner, keeper or harborer of any dog or cat, whether wearing a registration tag or not, shall permit such dog or cat to run at large within the City. Unauthorized entry by such dog or cat, upon the premises of another or upon any public street or ground shall constitute "running at large" within the meaning of this section. c) No owner, keeper or harborer of any dog shall permit such dog to go or remain upon any public street or ground within the City except when accompanied by a responsible person, and upon a non-retractable leash of not more than six feet in length so as to prevent such dog from entering private property and from chasing or attacking any person, animal or vehicle; or shall fail to keep the dog under the reasonable control of some person. Any dog not properly on a leash will be considered " at large" and in violation of this section. d) The owner, keeper or harborer of a dog or other animal or fowl who permits it to run at large in violation of this section shall, in addition to the penalty provided in subsection ( h) hereof, be liable for all damages caused by such dog or other animal or fowl upon the premises of another. VW UHDG UHIHUUHG WR 6:$% 3XEOLF 6DIHW\ 003
e) Every owner, keeper or harborer of a female dog shall, during all times when such female dog is in heat, either confine such dog indoors or treat her in such manner as not to attract other dogs. f) Any land which is enclosed with invisible fencing must have its boundary no less than six feet from public property and shall be clearly marked with flags. g) This section shall not apply to persons operating under the guidelines of a program approved by the Director of Safety for providing for the trapping, spaying, or neutering, and releasing of cats and dogs with the purpose of reducing the unwanted stray-animal population in the City. h) (1) Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree for a first offense. 2) Whoever violates any provision of this section in a second or subsequent offense shall be guilty of a misdemeanor of the third degree. 3) In addition to any penalty provided under law for a violation of this section, the court shall order the offender to neuter or spay the dog within 14 calendar days of the date of conviction unless a licensed veterinarian provides evidence to the court's satisfaction that neutering or spaying of the dog is medically contraindicated. 4) Notwithstanding the foregoing penalties, if a domestic animal or human is aggressively bitten by the dog without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the chief. is hereby repealed. Section 2. That new Section 505.02 Dogs and Other Animals Running at Large of the Lakewood Codified Ordinances is hereby enacted to read as follows: 505.02 DOGS AND OTHER ANIMALS RUNNING AT LARGE. a) No owner, keeper or harborer of any animals or fowl of any kind in the City shall allow or permit such animals or fowl to run at large upon any public place, or upon any unenclosed lands, or upon the premises of another. Unauthorized entry by such animal upon the premises of another or upon any public street or ground shall constitute “ running at large” within the meaning of this section. b) No owner, keeper or harborer of any dog or cat, whether wearing a registration tag or not, shall permit such dog or cat to run at large within the City. Unauthorized entry by such dog or cat, upon the premises of another or upon any public street or ground shall constitute "running at large" within the meaning of this section. cb) No owner, keeper or harborer of any dog shall permit such dog to go or remain upon any public street or ground within the City except when accompanied by a responsible person, and upon a non-retractable leash of not more than six feet in length so as to prevent such dog from entering private property and from chasing or attacking any person, animal or vehicle; or shall fail to keep the dog under the reasonable control of some person. Any dog not properly on a leash will be considered " at large" and in violation of this section. dc) The owner, keeper or harborer of a dog or other animal or fowl who permits it to run at large in violation of this section shall, in addition to the penalty provided in subsection ( h) hereof, be liable for all damages caused by such dog or other animal or fowl upon the premises of another. ed) Every owner, keeper or harborer of a female dog or cat shall, during all times when such female dog or cat is in heat, either confine such dog or cat indoors or treat her in such manner as not to attract other dogs or cats. 004
fe) Any land which is enclosed with invisible fencing must have its boundary no less than six feet from public property and shall be clearly marked with flags. gf) This section shall not apply to persons operating under the guidelines of a program approved by the Director of Safety for providing for the trapping, spaying, or neutering, and releasing of cats and dogs with the purpose of reducing the unwanted stray-animal population in the City. gh) (1) Whoever violates any provision of this section is guilty of a minor misdemeanor of the fourth degree for a first offense. 2) Whoever violates any provision of this section in a second or subsequent offense shall be guilty of a misdemeanor of the thirdfourth degree. 3) In addition to any penalty provided under law for a violation of this section, the court shall order the offender to neuter or spay the dog within 14 calendar days of the date of conviction unless a licensed veterinarian provides evidence to the court's satisfaction that neutering or spaying of the dog is medically contraindicated. 4) Notwithstanding the foregoing penalties, if a domestic animal or human is aggressively bitten by the dog without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the chief. Section 3. That Section 505.03 Impounding and Disposition; Records of the Lakewood Codified Ordinances, currently reading as follows: 505.03 IMPOUNDING AND DISPOSITION; RECORDS. A police officer or the Animal Control Officer shall impound every dog and the Animal Control Officer shall impound every cat found in violation of Section 505.02, or shall impound such animals otherwise in accordance with this section. a) If the impounded dog is not wearing a valid registration tag, the dog shall forthwith be turned over to an officer charged by law with the custody and disposal of such dogs. If the dog is wearing a valid registration tag or the identity of the owner or harborer is otherwise established, notice shall be given prior to or on the next working day to such owner or harborer that the dog has been impounded. Notice may be by telephone or by residence service to the last known address of such owner or harborer. The dog shall not be released except upon the payment of charges established by Council. Any dog not redeemed by the regular business day after notice, as herein provided, is given to the owner or harborer, or the next regular business day following the date it is seized or impounded if the owner or harborer cannot be found, may be sold or otherwise disposed of as provided in Ohio R.C. 955.16. b) If the impounded cat is wearing an identification tag or the identity of the owner or harborer is otherwise established, notice shall be given on the next regular business day to such owner or harborer that the cat has been impounded. Notice may be by telephone or by residence service to the last known address of such owner or harborer. The cat shall not be released except upon the payment of charges established by Council. Any cat not redeemed by the next regular business day after notice is given to the owner or harborer as provided herein, or the next regular business day following the date such cat is seized or impounded, if the owner or harborer cannot be found, may be sold or otherwise disposed of in a humane manner as shall be determined by the Animal Control Officer or Animal Shelter Coordinator. c) In the event an animal is removed from a residence by the City because its owner is incarcerated, evicted, deceased, not found or otherwise unable to care for the animal on a daily basis, the animal may be impounded by an officer charged by law with the custody and disposal of such 005
animals for a period of at least 72 hours, in which period the owner may claim the animal. The animal shall not be released except upon the payment of charges established by Council. The City shall leave notice at the residence of the impounding of the animal and may make other reasonable attempts to provide such notice. If the owner or the owner’ s designee fails to claim the animal within the 72-hour period, the animal will be considered abandoned and the City may sell or otherwise dispose of the animal in a humane manner as determined by an officer charged by law with the custody and disposal of such animal. d) A record of all dogs and cats impounded, the disposition of the same, the owner's name and address, if known, and a statement of any costs or receipts involving such dog or cat shall be kept. is hereby repealed. Section 4. That new Section 505.03 Impounding and Disposition; Records of the Lakewood Codified Ordinances is hereby enacted to read as follows: 505.03 IMPOUNDING AND DISPOSITION; RECORDS. A police officer or the Animal Control Officer shall impound every dog and the Animal Control Officer shall impound every cat found in violation of Section 505.02, or shall impound such animals otherwise in accordance with this section. a) If the impounded dog is not microchipped or wearing a valid registration tag, the dog shall forthwith be turned over to an officer charged by law with the custody and disposal of such dogs. If the dog is microchipped or wearing a valid registration tag or the identity of the owner or harborer is otherwise established, notice shall be given prior to or on the next working day to such owner or harborer that the dog has been impounded. Notice may be by telephone or by residence service to the last known address of such owner or harborer. The dog shall not be released except upon the payment of charges established by Council. Any dog not redeemed by the regular business day after notice, as herein provided, is given to the owner or harborer, or the next regular business day following the date it is seized or impounded if the owner or harborer cannot be found, may be sold adopted to a person, transferred to an animal rescue or shelter or otherwise disposed of as provided in Ohio R.C. 955.16. b) If the impounded cat is microchipped, ear tipped or wearing an identification tag or the identity of the owner or harborer is otherwise established, notice shall be given on the next regular business day to such owner or harborer that the cat has been impounded. Notice may be by telephone or by residence service to the last known address of such owner or harborer. The cat shall not be released except upon the payment of charges established by Council. Any cat not redeemed by the next regular business day after notice is given to the owner or harborer as provided herein, or the next regular business day following the date such cat is seized or impounded, if the owner or harborer cannot be found, may be sold adopted to a person, transferred to an animal rescue or shelter or otherwise disposed of in a humane manner as shall be determined by the Animal Control Officer or Animal Shelter CoordinatorSupervisor. c) Cats found running at large that are not microchipped, eartipped or wearing an identification tag are presumed to be unowned or unharbored and may immediately be subject to a trapping, spaying or neutering and return program, adopted to a person, transferred to an animal rescue or shelter , or otherwise disposed of in a human manner as determined by the Animal Shelter Supervisor. cd) In the event an animal is removed from a residence by the City because its owner is incarcerated, evicted, deceased, not found or otherwise unable to care for the animal on a daily basis, the animal may be impounded by an officer charged by law with the custody and disposal of such animals for a period of at least 72 hours, in which period the owner may claim the animal. The animal shall not be released except upon the payment of charges established by Council. The City 006
shall leave notice at the residence of the impounding of the animal and may make other reasonable attempts to provide such notice. If the owner or the owner’ s designee fails to claim the animal within the 72-hour period, the animal will be considered abandoned and the animal may sell or otherwise dispose of the animal in a humane manner as determined by an officer charged by law with the custody and disposal of such animal adopted to a person, transferred to an animal rescue or shelter, or otherwise dispose of as provided in Ohio R.C. 955.1.. de) A record of all dogs and cats impounded, the disposition of the same, the owner's name and address, if known, and a statement of any costs or receipts involving such dog or cat shall be kept. f) Any person who has found or trapped a dog or cat that is not wearing an identification tag or is not an eartipped cat, shall have the animal scanned for a microchip. If the person cannot promptly identify the owner or keeper of the animal, they shall report such animal to Animal Control for impoundment. Section 5. That Section 505.06 Abandoning Animals of the Lakewood Codified Ordinances, currently reading as follows: 505.06 ABANDONING ANIMALS. a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. b) Whoever violates this section is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense. is hereby repealed. Section 6. That new Section 505.06 Abandoning Animals of the Lakewood Codified Ordinances is hereby enacted to read as follows: 505.06 ABANDONING ANIMALS. a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. b) Whoever violates this section is guilty of a misdemeanor of the second first degree. on a first offense and a misdemeanor of the first degree on each subsequent offense. Section 7. That Section 505.12 Specific Animal Nuisance Conditions Prohibited of the Lakewood Codified Ordinances, currently reading as follows: 505.12 SPECIFIC ANIMAL NUISANCE CONDITIONS PROHIBITED. a) No person shall keep or harbor any animal in the City so as to permit the commission or evidence of a nuisance as hereinafter defined. b) Any animal which scratches or digs in or urinates or defecates upon any lawn, tree, shrub, plant, building or any other property, private or public, other than the property of the owner or person in charge or control of such animal is hereby declared to be a nuisance. c) In addition to the penalty provided in Sections 505.11 and this section, the court may upon proper evidence, limit the number of animals in any single-family dwelling, or any separate suite in a two-family dwelling, multi-family dwelling or apartment within the City should the court deem that an excessive number of animals harbored within such an area constitutes a nuisance. The terms dwelling" and "suite", as used in this section, include the lot or parcel of land on which the house or building containing the suite is located and also all out-buildings located on such lot or parcel. 007
No owner or keeper of such dogs or other animals shall fail to abate such nuisance by the permanent removal of such animals beyond City limits within ten days after service of such notice. d) On complaint of any person, police officer or the Animal Control Officer that an animal, harbored or kept in the City, damages property in the manner as specified above, notice therefor shall be given to the person harboring or keeping such animal. Failure to abate the nuisance complained of shall subject the person to penalty for violation of this section. e) Whoever violates this section is guilty of a minor misdemeanor. is hereby repealed. Section 8. That new Section 505.12 Specific Animal Nuisance Conditions Prohibited of the Lakewood Codified Ordinances, is hereby enacted to read as follows: 505.12 SPECIFIC ANIMAL NUISANCE CONDITIONS PROHIBITED. a) No person shall keep or harbor any animal in the City so as to permit the commission or evidence of a nuisance as hereinafter defined. b) Any animal which scratches or digs in or urinates or defecates upon any lawn, tree, shrub, plant, building or any other property, private or public, other than the property of the owner or person in charge or control of such animal is hereby declared to be a nuisance. This section shall not apply to a person who has reasonable control of an animal that defecates on public property when such defecation is immediately removed by the person in control of the animal. c) In addition to the penalty provided in Sections 505.11 and this section, the court may upon proper evidence, limit the number of animals in any single-family dwelling, or any separate suite in a two-family dwelling, multi-family dwelling or apartment within the City should the court deem that an excessive number of animals harbored within such an area constitutes a nuisance. The terms dwelling" and "suite", as used in this section, include the lot or parcel of land on which the house or building containing the suite is located and also all out-buildings located on such lot or parcel. No owner or keeper of such dogs or other animals shall fail to abate such nuisance by the permanent removal of such animals beyond City limits within ten days after service of such notice. d) On complaint of any person, police officer or the Animal Control Officer that an animal, harbored or kept in the City, damages property in the manner as specified above, notice therefor shall be given to the person harboring or keeping such animal. Failure to abate the nuisance complained of shall subject the person to penalty for violation of this section. e) Whoever violates this section is guilty of a minor misdemeanor. Section 9. That new Section 505.25 Trap, Neuter and Return of Community Cats of the Lakewood Codified Ordinances, is hereby enacted to read as follows: 505.025 Trap Neuter and Return of Community Cats a) Definitions. For purposes of this Chapter, the following terms shall have the following meanings: 1) “ Community Cat” is a member of the domestic species Felis Catus and shall mean a free- roaming cat who may be cared for by one or more residents of the immediate area who is/are known or unknown; a community cat may or may not be feral. Community Cats are not wildlife. 008
2) “Community Cat Caregiver” is a person who, in accordance with and pursuant to a Trap Neuter Return program as described herein, provides care, including food and shelter or medical care to a Community Cat. 3) “ Eartipping” is the removal of the distal one-quarter of a Community Cat’s left ear, which is approximately 3/8 inch in an adult and proportionally smaller in a kitten under the direct supervision of a licensed veterinarian. Eartips are designed to identify a Community Cat as having been sterilized and vaccinated for rabies. 4) “ Trap Neuter Return” is the process of humanely trapping, sterilizing, vaccinating for rabies, eartipping and returning a Community Cat to their original location, including trapping to provide medical care. b) Permitted Acts. Trap Neuter Return of Community Cats is permitted only by Community Cat Caregivers who have registered with the Animal Control Supervisor and have provided proof of Trap Neuter Return training. All Trap Neuter Return by Community Cat Caregivers shall comply with the following: 1) Trap Neuter Return shall be conducted only between April 1st and October 31st untless written authorization to the contrary is obtained from the Animal Control Supervisor; 2) Traps shall be humane traps that will not intentionally cause injury to any trapped animal; 3) Traps shall be continually monitored while set to reduce stress and to prevent any extended caged time; 4) All traps containing a trapped animal shall be covered to reduce the stress of the animal; 5) Appointments for sterilization, Eartipping and rabies vaccination shall be made ahead of the trapping and shall be completed withing 24 hours of trapping; 6) Community Cats shall be returned to their environment as soon as medically cleared by a veterinarian; 7) Community Cat Caregivers shall have a plan for Community Cats that need extended recovery time; 8) All Community Cats shall be returned to the same placed they were trapped; 9) Any Eartipped cat shall be immediately released; 10) Nursing Community Cats shall be sterilized on an expedited schedule so that they can return to their litter; 11) Sick or injurted animals shall be taken to a veterinarian for evaluation and appropriate treatment; and 12) Community Cat Caregivers shall report annually to aAnimal Cocontrol the number of animals trapped, and the number of Community Cats that were sterilized along with their sex, and the number and species of animals that were released and any an unintended trapped animals. b) Whoever violates any provision of this section is guilty of a minor misdemeanor for a first offense. c) Whoever violates any provision of this section in a second or subsequent offense shall be guilty of a misdemeanor of the fourth degree. Section 10. It is found and determined that all formal actions of this Council concerning and relating to this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. 009
Section 11. That this Ordinance is hereby declared to be an emergency measure for the reasons set forth in the preamble to this Ordinance, and provided it receives the affirmative vote of at least two thirds of its members, this Ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise; otherwise, it shall take effect and be in force after the earliest period allowed by law. Adopted: Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved: Meghan F. George, Mayor 010
20071588v3 ORDINANCE NO. BY: AN ORDINANCE to take effect immediately provided it receives the vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the City of Lakewood, Ohio to transfer title to certain real property located within the City and enter into a Purchase and Sale Agreement with Belle Ave Partners, LLC for the purpose of supporting the redevelopment of certain real property in the City of Lakewood. WHEREAS, the City of Lakewood, Ohio ( the “ City”) is desirous of encouraging economic development within the City to create jobs for its residents and to increase the City’s tax base; and WHEREAS, in furtherance of those efforts, the City has implemented several planning initiatives, including, but not limited to, the Gold Coast Master Plan, the Lakewood Park Master Plan, the Detroit Avenue Streetscape Plan, the Kaufman Park Master Plan and the Uptown Madison Parking Study (collectively, the “Development Plans”); and WHEREAS, as evidenced by the Development Plans, the City is “ engaged in urban redevelopment” as provided in Ohio Revised Code (“ R.C.”) Section 5709.41; and WHEREAS, pursuant to R.C. Sections 5709.41, 5709.42 and 5709.43, the City is authorized to enact an ordinance (the “ TIF Ordinance”) to declare “ Improvement” ( as defined in R.C. Section 5709.41) to be a public purpose and exempt from real property taxation so long as 1) the City held fee title to such real property prior to the adoption of the TIF Ordinance, and ( 2) such real property is leased or conveyed to any person either before the adoption of the TIF Ordinance; and WHEREAS, BELLE AVE PARTNERS, LLC (collectively, with its various affiliates, the Developer”) desires to construct or cause to be constructed a mixed-use development for commercial and residential purposes ( the “ Project”) on certain parcels of real property described in Exhibit A attached hereto (the “Property”) within the City; and WHEREAS, to establish the terms of the redevelopment of the Property the City and Developer’ s affiliate entered into a Development Agreement dated December 20, 2024, ( the Development Agreement”); and WHEREAS, the City desires to support the project through the passage of the TIF Ordinance pursuant to R.C. Section 5709.41; and WHEREAS, in order to pass the TIF Ordinance, the City is required to transfer fee title to the Property to the Developer; and WHEREAS, the City and Developer desire to enter into a Purchase and Sale Agreement to facilitate the transfer of the Property to the Developer for the purposes of redevelopment, that has been negotiated by the Developer and the City and is attached hereto as Exhibit B (the “ Purchase and Sale Agreement”); and VW UHDG UHIHUUHG WR 2: 011
20071588v3 WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that this agreement should be executed as soon as possible to facilitate the project; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD: Section 1. That the Purchase and Sale Agreement, substantially in the form attached hereto as Exhibit B, which among other things specifies the purchase price of $1,500,000.00 and the terms of the transfer of the Property, is hereby authorized and approved, together with such revisions or additions thereto as approved by the Mayor and Law Director that are consistent with the objectives and requirements of this Ordinance, the Development Agreement, and not otherwise materially adverse to the City. The Mayor, for and in the name of the City, with the approval of the Law Director, is hereby authorized to execute the Purchase and Sale Agreement and any amendments thereto deemed by the Mayor to be necessary. The approval of changes or amendments by the Mayor, and the character of the changes or amendments as not being inconsistent with this Ordinance or the Development Agreement, and not being substantially adverse to the City, shall be evidenced conclusively by the execution thereof by the Mayor, with the approval of the Law Director. Section 2. Council authorizes the Mayor or any other officer of the City to take any and all actions required to transfer title to the Property, as described in Exhibit A, via limited warranty deed or other transfer instrument, and to take any and all other actions required to effectuate the transfer of the property, including, but not limited to, recording the deeds with the Cuyahoga County Fiscal Officer. Section 3. That the property is not needed for a municipal purpose and the sale of said Property is in the best interests of the City and will further the interests of the City and its residents. Section 4. That the procedure established for the sale of this Property by this Ordinance pursuant to Lakewood Codified Ordinance 155.07 is justifiable and reasonable because the property conveyance is necessary for the Project and to fulfill the City’s urban redevelopment plan with respect to the same and Council has approved the terms of the purchase and sale pursuant to the Development Agreement on file with the Clerk of Council’s office. Section 5. It is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were passed in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including R.C. Section 121.22. Section 6. This ordinance is hereby declared to be an emergency measure necessary 012
20071588v3 for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least two thirds of the members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: Sarah Kepple, 3UHVLGHQW RI RXQFLO Maureen M. Bach, &OHUN RI RXQFLO Approved: Meghan F. George, Mayor 013
20071588v3 EXHIBIT A PROPERTY The Property is the real estate situated in the City of Lakewood, Cuyahoga County, Ohio depicted on the attached plat and consisting of the following tax year 2024 parcel numbers: Parcel Number 314-07-146 314-07-147 314-07-148 014
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PLAT DATA SHEET Plat Title: Lot Split & Consolidation (City of Lakewood) Plat Type: Lot Split and Consolidation Municipality, Lakewood Township: __ Ofiginal Rockport Township Section No. 22 Parent Parcel Numbers: 314-07-007 , 314-07-008 . 314-07-009 ; 314-07-010 ; 314-07-011 314-07-012 , 314-07-013 , 314-07-014 , 314-07-017 , erent I a i eee eee nena nnoieren 31 4-07-033 , 314-07-034 j 314-07-0385 , 314-07-036 , 314-07-037 , 314-07-038 314-07-039 . 3 Number of New parcels created: 314-07-145 Number of Deeds filed with Plat; 3» «SS PPN: 3144-07-01, 314 Number of Documents Filed with Plat: _ © “om PLAT — 202503130195 PGS: 0 i a ers 3/13/2025 10:42:00 AM Plat Size: Lele) ATO ag OPT 2025031000140 : $0. PAID BY: CITY OF LAKEWOOD Date Filed; 3/'3/ 25° BMS Chua boo. New Parcels New Parcel Numbers are subject to change Parcel Name/Sublot: Proposed Permanent Parcel Number: Parcel "A" (City of Lakewood) 314-07-146 Parcel "B" (City of Lakewood) 314-07-147 Parcel "C" (City of Lakewood) 314-07-148 senna eee eee ee ns eee eerie
EXHIBIT B PURCHASE AND SALE AGREEMENT 20071588v3 017
1 REAL ESTATE PURCHASE AND SALE AGREEMENT This Real Estate Purchase and Sale Agreement ( the “ Agreement”) is entered into as of the day of , 2025 (“ Effective Date”), by and between the CITY OF LAKEWOOD, a municipal corporation which is duly organized and validly existing under the laws of the State of Ohio with a principal address located at 12650 Detroit Ave. Lakewood, OH 44107 and its Charter ( the "Seller"), and BELLE AVE PARTNERS, LLC, an Ohio limited liability company ( the " Buyer") with a principal address located at 250 S Civic Center Dr #500, Columbus, OH 43215. Seller and Buyer hereby agree as follows: 1. PROPERTY DESCRIPTION: Buyer offers to purchase from the Seller in accordance with the provisions of this Agreement, the following described real estate including, without limitation, appurtenant rights, privileges, easements and other rights and interests related thereto located in the City of Lakewood, County of Cuyahoga, State of Ohio, and known as: approximately 5.7 acres of real property ( actual acreage to be determined by survey), being all of Cuyahoga County Auditor’ s Parcel Numbers 314- 07-146, 314- 07-147, and 314- 07-148 ( collectively, the "Property"), a depiction of which is attached hereto as Exhibit A. 2. PRICE AND TERMS: The purchase price of the Property shall be One Million Five Hundred Thousand Dollars 1,500, 000) ( the “ Purchase Price”). The Purchase Price shall become due, but not payable, upon Closing and thereafter shall accrue simple interest at a rate of five percent ( 5%) per annum until paid or forgiven in accordance with this Section. The Purchase Price and any accrued interest shall be forgiven upon the substantial completion by Buyer of the Parking Facility, Community Space, and Public Parks in accordance with the Approved Final Plan, and the recordation of one or more declarations or easements, in form and substance reasonably acceptable to the City, ensuring public access to such improvements for the benefit of the Seller and its residents. Upon such completion and recordation, the Purchase Price and any accrued interest shall be deemed waived in full, and no payment shall be due from Buyer for the purchase price of the Property, except as may otherwise expressly be set forth herein. All capitalized terms used but not defined in this Agreement shall have the meanings ascribed to such terms in the Development Agreement between Buyer’s affiliate and Seller, dated December 20, 2024 (as amended). 3. DUE DILIGENCE AND PROPERTY INSPECTION: Buyer acknowledges that it has had substantial opportunity to conduct due diligence concerning the Property pursuant to the Development Agreement between the parties ( Buyer as assignee to the Development Agreement), including, without limitation, access for environmental assessments, geotechnical studies, and other physical inspections. Accordingly, except as otherwise expressly agreed in writing by Seller, Buyer shall not be entitled to any additional due diligence period or rights under this Agreement. Seller shall continue to provide reasonable access to the Property to permit Buyer to complete, at Buyer’ s sole expense, any supplemental inspections or assessments necessary to satisfy its lender, title company, or regulatory authorities in connection with Buyer’s development activities or financing of the Project. Buyer agrees to indemnify, defend, and hold Seller harmless from any claims, injury, or damage arising out of such access or activities, except to the extent caused by the gross negligence or intentional misconduct of Seller. 4. POSSESSION: Seller shall deliver exclusive possession of the Property to Buyer at Closing. For the avoidance of doubt, Seller has or shall grant Buyer the right to enter into and perform certain work upon the Property prior to Closing pursuant to a separate agreement entered into between Buyer and Seller. 5. DAMAGE OR DESTRUCTION OF PROPERTY: Notwithstanding the provisions of Section 11, relating to conflicts and inconsistencies, except as otherwise specified herein or in any separate agreement providing Buyer the right to enter into the Property, risk of physical loss to the Property and any improvements shall be borne by Seller until Closing. 6. EVIDENCE OF TITLE & SURVEY: Buyer may obtain, at its sole cost and expense, an owner' s title insurance commitment and, at Closing, an owner’s title policy. The title commitment and policy shall be issued by Stewart Title 018
2 Company, or its affiliate, 259 W., Schrock Rd., Westerville, Ohio 43081, attention: Emma Dean at ( 614) 818- 6136, Emma. Dean@stewart. com ( the " Title Company"). Buyer may obtain a survey at its own cost. At Closing, Seller shall deliver such documents as may reasonably be required to convey and vest title to the Property in the Buyer and to enable the Title Company to issue the title policy. 7. CONDITIONS PRECEDENT TO CLOSING; CONVEYANCE; AND CLOSING: Seller’s obligation to close hereunder shall be conditioned on Seller’ s receipt of evidence that Buyer has obtained adequate construction financing for the Project (“ Construction Financing”). Buyer’ s obligation to close hereunder shall be conditioned on Buyer’ s review and reasonable approval of an updated title commitment confirming Seller has not caused any new encumbrances to be recorded against or to otherwise encumber or affect the Property ( excepting any new encumbrances proposed by or consented to by Buyer); it shall be Buyer’ s responsibility to order such update prior to Closing and all costs and expenses incurred in connection therewith shall be paid by Buyer. Subject to the satisfaction or waiver of any conditions precedent expressly set forth herein, the closing of the transaction contemplated hereby ( the “ Closing”) shall occur simultaneously with the closing of the Construction Financing, unless extended or accelerated with the mutual consent of both Seller and Buyer. At Closing, Buyer shall pay all conveyance and/ or transfer fees, and Seller shall convey title to the Property to Buyer by Limited Warranty Deed. Buyer shall pay for all recording fees and all other Closing costs, including any escrow fees owed to the Title Company. 8. TAXES AND ASSESSMENTS: All real estate taxes, assessments, and any payments in lieu thereof pursuant to state laws applicable to the Property ( collectively, “ Taxes”) for the calendar year of Closing shall be apportioned and prorated on a per- diem basis between the parties as of the date of Closing, regardless of the collection date therefore. Seller’ s share of such proration shall be based upon the number of days in such calendar year which precede ( but do not include) the date of Closing and Buyer’ s share shall be based on the number of days in such year that include and follow the date of Closing. Seller shall also pay or credit against the Purchase Price at Closing all other unpaid Taxes that are a lien for years prior to Closing. To the extent the Property was exempt from real estate taxation during the Seller’s ownership, the parties agree to calculate prorations as if tax liability arose as of the Closing Date, solely for the purpose of allocating responsibility for any Taxes assessed or payable following Closing. 9. BUYER' S EXAMINATION/ AS-IS: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AS OF THE EFFECTIVE DATE AND AS OF CLOSING, SELLER DISCLAIMS AND NEGATES, AND BUYER HEREBY WAIVES, ANY REPRESENTATION OR WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, ORAL OR WRITTEN AND OF ANY KIND OR NATURE PERTAINING TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO: a) THE CONDITION, PERFORMANCE, VALUE, QUANTITY OR QUALITY OF THE PROPERTY. b) THE PROSPECTS ( FINANCIAL AND OTHERWISE), RISKS, LEGAL OBLIGATIONS AND OTHER INCIDENTS OF OWNERSHIP OF THE PROPERTY. c) THE ENVIRONMENTAL CONDITION OF THE PROPERTY OR THE ABSENCE OF HAZARDOUS MATERIALS OR LIABILITY OR POTENTIAL LIABILITY ARISING UNDER ENVIRONMENTAL LAWS AND OWNERSHIP OF THE PROPERTY. d) THE SURFACE AND SUBSURFACE OR OTHER CONDITIONS OF THE PROPERTY. e) THE MERCHANTABILITY, USAGE, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY. f) THE WORKMANSHIP OF THE PROPERTY OR ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. 019
3 g) THE SUITABILITY OF THE PROPERTY FOR OPERATION FOR BUYER’ S INTENDED USE. h) THE SUFFICIENCY OF ANY REAL OR PERSONAL PROPERTY INTERESTS NECESSARY TO ACCESS, OWN AND OPERATE THE PROPERTY. BUYER ACCEPTS AND ASSERTS THAT: ( A) THE PROPERTY IS BEING CONVEYED ON AN “ AS- IS, WHERE- IS BASIS AND WITH ALL FAULTS” AND ( B) THERE ARE NO SELLER WARRANTIES WITH RESPECT TO THE PROPERTY THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. BUYER AGREES AND ACKNOWLEDGES THAT NEITHER THE SELLER NOR ANY EMPLOYEE OR REPRESENTATIVE OF SELLER HAS MADE ANY REPRESENTATIONS RESPECTING THE PHYSICAL NATURE OR CONDITION OF THE PROPERTY, EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN. BUYER ACKNOWLEDGES THAT IT HAS EXAMINED OR WILL EXAMINE AND INSPECT THE PROPERTY, AND FURTHER ACKNOWLEDGES THAT ANY INFORMATION, REPORTS, STATEMENTS, OR DOCUMENTS PROVIDED MADE OR TO BE PROVIDED OR MADE TO BUYER BY SELLER OR SELLER’ S AGENTS CONCERNING THE ENVIRONMENTAL CONDITION OF THE PROPERTY SHALL NOT BE CONSTRUED AS REPRESENTATIONS OR WARRANTIES BY SELLER AND, EXCEPT AS MAY BE EXPRESSLY PROVIDED TO THE CONTRARY HEREIN, ACKNOWLEDGES THAT THIS TRANSACTION IS AN “ AS-IS, WHERE- IS” CONVEYANCE. BUYER ALSO AGREES AND ACKNOWLEDGES THAT IN EXECUTING, DELIVERING AND PERFORMING THIS AGREEMENT, IT DOES NOT RELY UPON ANY STATEMENT OR INFORMATION TO WHOMSOEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, VERBALLY OR IN WRITING, BY ANY INDIVIDUAL, FIRM OR CORPORATION EXCEPT AS EXPRESSLY SET FORTH HEREIN. BUYER FURTHER ACKNOWLEDGES THAT THIS WAIVER IS CONSPICUOUS. ALL PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND THE CLOSING OF THE TRANSACTION CONTEMPLATED HEREIN. 10. DEFAULT: Seller shall be in default hereunder if Seller fails to observe or perform any obligation of Seller hereunder and such failure continues for a period of fifteen ( 15) days following Seller’ s receipt of notice from Buyer of such failure. In such event, Buyer shall have the right to terminate this Agreement or seek specific performance of Seller’ s obligations hereunder. Buyer shall be in default hereunder if Buyer fails to observe or perform any obligation of Buyer hereunder and such failure continues for a period of fifteen ( 15) days following Buyer’ s receipt of notice from Seller of such failure. In such event, Seller shall have all rights and remedies available to Seller under statute, at law, and/ or in equity. 11. MISCELLANEOUS: Buyer and Seller acknowledge and agree that they have entered into other agreements contemplating and authorizing the sale and development of the Property, including the Development Agreement. In the event of any conflict or inconsistency between the terms and conditions of this agreement and such other agreements, including, without limitation, the Development Agreement, the terms and conditions of this Agreement shall prevail and any conflicting or inconsistent terms and conditions set forth in such other agreements shall be deemed null, void, and of no further force or effect. This Agreement shall be binding upon the parties, their heirs, administrators, executors, successors and assigns. This Agreement shall be governed by the laws of the State of Ohio. Any legal action shall be brought exclusively in the courts of Cuyahoga County, Ohio. Time is of the essence of all provisions of this Agreement. Paragraph captions are for identification only and are not a part of this Agreement. 12. BROKERS: Seller and Buyer represent and warrant that there are no brokers involved in this transaction. Ifany claim is made for a brokerage commission, finder’ s fee, or other compensation based on the acts or alleged acts of one party, that party shall be solely responsible for such claim. Nothing herein shall be construed as a waiver of any legal defenses or immunities available to Seller under applicable law, including the doctrine of sovereign immunity and constitutional limitations on municipal indemnification. 13. ELECTRONIC SIGNATURES & COUNTERPARTS: This Agreement may be executed electronically, in any number of counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same instrument. Signatures of the parties transmitted by electronic format shall constitute effective execution and delivery of this Agreement for all purposes under this Agreement. 020
4 14. ASSIGNMENT: Buyer may not assign its rights under this Agreement without Seller' s written consent, except that Buyer may assign this Agreement to any affiliate of Buyer. Upon any assignment as permitted herein, Buyer shall provide Seller with a copy of the relevant assignment document. 15. NOTICES: Wherever any notice or other communication is required or permitted hereunder, such notice or other communication shall be in writing and shall be delivered by hand, by nationally- recognized overnight express delivery service, or by email to the email addresses set out below or at such other addresses as are specified by written notice delivered in accordance herewith. For the purpose of calculating time limits, which run from thegiving of a particular notice, the time shall be calculated from actual receipt of the notice. If any date hereunder shall fall on a Saturday, Sunday or national holiday, then such date shall carry over and be extended to the next following business day. BUYER: SELLER: BELLE AVE PARTNERS, LLC, CITY OF LAKEWOOD an Ohio limited liability company an Ohio municipal corporation By: __________________________________ By: Name: Brent Sobczak Name: Megan F. George Title: President Title: Mayor Approved as to form: By: ____________________________ Ernie Vargo Its: City Law Director BUYER’ S ADDRESS FOR NOTICES: SELLER’ S ADDRESS FOR NOTICE PURPOSES: C/O CASTO City of Lakewood 250 Civic Center Drive, Suite 500 Attention: Mayor Columbus, OH 43215 12650 Detroit Ave. Attention: Brent Sobczak Lakewood, Ohio 44107 Email: bsobczak@castoinfo. com With a copy to: With a copy to: C/O CASTO Law Director 250 Civic Center Drive, Suite 500 City of Lakewood Columbus, OH 43215 12650 Detroit Ave. Attention: C.H. Waterman Lakewood, Ohio 44107 Email: cwaterman@castoinfo. com and Attention: Rachel L. Stine Email: rstine@castoinfo. com 021
EXHIBIT A Depiction of Propert O11 4 oo \er PANE ZA - Peorerry 022
19642852v6 ORDINANCE NO. BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council declaring improvement to real property within the City of Lakewood, Ohio to be a public purpose; exempting such improvement from real property taxation; requiring the owners of the property to make service payments in lieu of real property taxes; establishing an urban redevelopment tax increment equivalent fund for the deposit of service payments, making related authorizations pursuant to Ohio Revised Code Sections 5709.41, 5709.42, 5709.43 and 5709.83; and authorizing a service payment agreement in connection with the same. WHEREAS, Ohio Revised Code (“ R.C.”) Sections 5709.41, 5709.42 and 5709.43 (the TIF Statutes”) provide that this Council may, under certain circumstances, declare Improvement as defined below and in the TIF Statutes) to certain parcels of real property located in the City of Lakewood, Ohio (the “ City”) to be a public purpose and exempt from real property taxation, provide for the payment service payments in lieu of real property taxes by the owners of such property and establish an urban redevelopment tax increment equivalent fund for the deposit of such service payments in lieu of taxes; and WHEREAS, CASTO, Inc. or its affiliate Belle Ave Partners, LLC (together with their affiliates, successors, and assigns, the “Developer”) desires to construct or cause to be constructed a mixed-use project featuring retail, commercial, and residential purposes ( the “ Project”) on certain parcels of real property described and depicted on Exhibit A attached hereto ( the Property”) within the City; and WHEREAS, the Developer has requested that the City enact this Ordinance pursuant to the TIF Statutes to assist the Developer with the development of the Project; and WHEREAS, in order to enact this Ordinance, the TIF Statutes specify that (1) the City must hold fee title to the Property prior to the adoption of this Ordinance, and (2) the Property must be conveyed or leased to any person either before or after the adoption of this Ordinance; and WHEREAS, the Developer and the City, by adoption of Ordinance No. 21-2024, duly adopted by City Council on December 16, 2024 entered into a Development Agreement dated December 20, 2024 (as the same has been or will be amended from time to time, the “Development Agreement”) for the Development of the Project; and WHEREAS, on September 5, 2024, the Developer submitted a plan and schedule of development on file with the City (the “ Approved Final Plan” as defined in the Development Agreement); and WHEREAS, the City currently holds fee title to the Property and pursuant to the Development Agreement on a date to be mutually determined by the City and the Developer, the City will convey the Property to the Developer subject to the terms of the Development Agreement; and VW UHDG UHIHUUHG WR 2: 023
19642852v6 WHEREAS, the City has implemented several planning initiatives to further its economic development efforts, including, but not limited to, the Lakewood Community Vision Master Plan, and has emphasized other planning efforts to support urban redevelopment within its core, including with respect to the Property (collectively, the “ Development Plans”); and WHEREAS, consistent with the Development Plans, the City hereby finds that it is and has been “ engaged in urban redevelopment” with respect to the Property as provided in Ohio Revised Code (“ R.C.”) Section 5709.41; and WHEREAS, in connection with the Project, the Developer desires to construct certain private improvements ( the “ Developer Improvements”) as defined and described in Exhibit B attached hereto; and WHEREAS, in furtherance of the development efforts articulated in the Development Plans, the City desires to pass this Ordinance to assist the Developer with the Project and the Developer Improvements; and WHEREAS, as required by the TIF Statutes and R.C. Section 5709.83, the City has provided all required notices to the Lakewood City School District (the “School District”), or such notice has been waived; and WHEREAS, the City is in receipt of a proposed Service Payment Agreement with respect to the Project (the “ Service Payment Agreement”) between the City and the Developer, which Service Payment Agreement is on file with the City and attached hereto as Exhibit C, and sets forth the terms regarding payment of service payments and reimbursement to the School District in accordance with a School Compensation Agreement dated December 16, 2024 ( the Compensation Agreement”) and to the Developer of the balance, up to an aggregate total of 23,000,000, with five percent (5.0%) interest accrued on the outstanding principal amount from time to time, all in accordance with this Ordinance and the Development Agreement; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that moving forward with the development of this property quickly is in the best interest of the public; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Pursuant to the Development Agreement, one hundred percent (100%) of the increase in the assessed value of each parcel within the Property (each a “ Parcel”) after the date that the City obtained fee title to the Property, which ownership by the City was in furtherance of urban redevelopment (each of which increase in assessed value is an “ Improvement” as defined in R.C. Section 5709.41) shall be a public purpose and shall be exempt from real property taxation commencing for each Parcel with the first tax year that begins after the effective date of this Ordinance and in which an Improvement on that Parcel would first appear on the tax list and 024
19642852v6 duplicate of real and public utility property were it not for the exemption granted by this Ordinance, and ending for each Parcel on the earlier of (a) thirty (30) years after such commencement, or (b) the date on which the City can no longer require service payments in lieu of taxes, all in accordance with the requirements of the TIF Statutes. The exemption granted by this Ordinance shall not apply to any Parcel which is used or to be used for residential purposes as defined in the TIF Statutes, including in particular any Parcel that will contain for-sale residential units. Section 2. As provided in R.C. Section 5709.42, the owner of any Parcel with an Improvement is required hereby to make annual payments in lieu of taxes to the Cuyahoga County Treasurer (the “County Treasurer”) on or before the final dates for payment of real property taxes. Each such payment (including interest and penalties) shall be charged and collected in the same manner and in the same amount as the real property taxes that would have been charged and payable against the Improvement if it were not exempt from taxation (with the payments in lieu of tax, including any penalties and interest, being the “ Service Payments”). The County Treasurer shall remit all Service Payments to the City for deposit in the Downtown Redevelopment Tax Increment Equivalent Fund ( the “ Fund”) established in Section 3 hereof. This Council hereby authorizes the Mayor or other appropriate officers of the City to provide such information and certifications and execute and deliver, or accept delivery of such instruments as are necessary and incidental to collect those Service Payments and to make such arrangements as are necessary and proper for payment of the Service Payments. Any late payments shall be subject to penalty and bear interest at the then current rate established under R.C. Sections 323.121 and 5703.47, as may be amended from time to time, or any successor provisions thereto, as the same may be amended from time to time. The Service Payments, and any other payments in connection with the Improvement which are received by the City in connection with any reduction required by R.C. Section 319.302, as the same many be amended from time to time, or any successor provisions thereto as the same may be amended from time to time ( the “ Property Tax Rollback Payments”), shall be allocated and deposited in accordance with Sections 3 and 4 of this Ordinance. Section 3. This Council hereby establishes the Fund, pursuant to and in accordance with the provisions of R.C. Section 5709.43, into which shall be deposited all of the Service Payments and Property Tax Rollback Payments distributed to the City with respect to the Improvement to Parcels of the Property by or on behalf of the County Treasurer, as provided in R.C. Section 5709.42, and hereby appropriates and directs payments of all of the moneys deposited in the Fund from time to time to pay the costs contemplated in Article XXI of the Development Agreement including amounts payable to the School District in accordance with the terms of the Compensation Agreement, costs associated with the Developer Improvements, including, but not limited to, the “ costs of permanent improvements” described in R.C. Section 133.15(B) in accordance with the Development Agreement, and costs incurred by the City and eligible for payment or reimbursement under the Development Agreement and the TIF Statutes. The Fund shall remain in existence so long as Service Payments and Property Tax Rollback Payments are collected and used for the aforesaid purposes, subject to the limits set forth in Section 1 hereof, after which said Fund shall be dissolved in accordance with R.C. Section 5709.43(D). Upon dissolution, any incidental surplus money remaining in the Fund shall be transferred to the City general fund as provided in R.C. Section 5709.43(D). 025
19642852v6 Section 4. This Council hereby authorizes the Mayor or other appropriate officers of the City to take such actions as are necessary or appropriate to implement the transactions contemplated by this Ordinance, including the execution and delivery of the Service Payment Agreement and such other agreements and instruments as may be necessary to implement this Ordinance and the filing of one or more applications for exemption and any related forms in accordance with R.C. Section 5709.911. Section 5. This Council hereby designates the tax incentive review council (the “TIRC”) established in Ordinance No. 06-2021, passed March 1, 2021, as the TIRC that shall annually review the exemptions provided pursuant to this Ordinance as required by R.C. Section 5709.85. Section 6. In accordance with Ohio Revised Code Section 5709.832, the City hereby determines that no employer located on the Property shall deny any individual employment based on considerations of race, religion, sex, disability, color, national original, or ancestry. Section 7. Pursuant to R.C. Section 5709.41(E), the Mayor is hereby directed to deliver a copy of this Ordinance to the Director of the Ohio Department of Development (“ DOD”) within fifteen (15) days after its passage. On or before March 31 of each year that the exemption set forth in Section 1 hereof remains in effect, the Mayor or other authorized officer of this City shall prepare and submit to the Director of DOD the status report required under R.C. Section 5709.41(E). Section 8. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any decision making bodies of the City that resulted in such formal actions were in meetings open to the public and in compliance with all legal requirements. Section 9. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this Ordinance, and provided it receives the affirmative vote of at least two thirds of the members of Council, this Ordinance shall take effect and be in force immediately upon adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted _________________________ ____________________________________ Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved ________________________ __________________________________ Meghan F. GeorgeMay , or 026
19642852v6 EXHIBIT A PROPERTY The Property is the real estate situated in the City of Lakewood, Cuyahoga County, Ohio consisting of the following parcel numbers: Parcel Number 314-07-146 314-07-147 314-07-148 027
19642852v6 EXHIBIT B DEVELOPER IMPROVEMENTS The Developer Improvements consist of all capital improvements and costs associated with the following: All improvements required under the Development Plan or Approved Final Plan, including but not limited to improvements to be conveyed at completion or otherwise owned by the City or another public entity, including but not limited to right of way and site improvements, the Parking Facility, Community Space, Public Parks, environmental control measures, Curtis Block preservation, sustainability initiatives, public art, and to pay, reimburse or finance any costs eligible under applicable law approved by the City and as are more fully described in, and in accordance with, the Development Agreement. 028
EXHIBIT C SERVICE PAYMENT AGREEMENT [Attached] 19642852v6 029
19642855v6 1 SERVICE PAYMENT AGREEMENT THIS SERVICE PAYMENT AGREEMENT ( the “ Agreement”) is made and entered into as of the ____ day of [____], 2025, by and among the CITY OF LAKEWOOD, OHIO, a municipal corporation the “City”), BELLE AVE PARTNERS, LLC, an Ohio limited liability company (together with permitted affiliates, successors, and assigns, the “ Developer”). WITNESSETH: WHEREAS, the Developer is pursuing the redevelopment of an approximately 5.7 acre site currently identified as 14501 and 14519 Detroit Avenue (Parcel IDs 314-07-146, 314-07-147, and 314-07- 148) and more particularly described in Exhibit A attached hereto and incorporated herein by this reference the “ TIF Site”); and WHEREAS, the Developer intends to develop the TIF Site into a mixed-use development featuring retail, commercial, and residential purposes (the “ Development”); and WHEREAS, the TIF Site is located within the municipal corporate boundaries of the City, the territorial boundaries of the Lakewood City School District ( the “ School District”), and the territorial boundaries of the County of Cuyahoga, Ohio (the “ County”); and WHEREAS, upon completion, the Development is projected to significantly increase the assessed valuation of the TIF Site; and WHEREAS, the Developer, in its capacity as the owner in fee simple interest of portions of the TIF Site, may in the future convey all or any portion of or interest in any of the real property comprising the TIF Site to subsequent owners of all or any portion of or interest in any of the real property comprising the TIF Site (singularly an “Owner” and collectively the “ Owners”); and WHEREAS, pursuant to Ohio Revised Code (“ O.R.C.”) Sections 5709.41 through 5709.43 together with related provisions of the Ohio Revised Code, the “TIF Act”), and Ordinance No. [___] passed by the Council of the City (the “ Council”) on [______], 2025, a copy of which is attached as Exhibit B attached hereto and incorporated herein by this reference (the “TIF Ordinance”), the City has, among other actions: (1) declared 100% of the improvement to the real property (the “ Improvement”) included in the TIF Site to be a public purpose and exempt from real property taxation for the Exemption Period (as defined herein) (the “TIF Exemption”); ( 2) provided for service payments in lieu of taxes (the “Service Payments”), as an obligation running with the land for the Exemption Period (as defined herein) payable with respect to the real property comprising the TIF Site; (3) authorized the use of the Service Payments for such uses by the City as permitted under Ohio law, including, without limitation, payment of the costs of any improvements for urban redevelopment purposes and other purposes described in the TIF Ordinance related to the TIF Site as authorized in O.R.C. Section 5709.41; and (4) determined to enter into this Agreement with the Developer, as initial Owner of the entire TIF Site during the term of construction of the Development, to provide for, among other things, the payment of the Service Payments by the Owners with respect to the TIF Site; and WHEREAS, pursuant to the TIF Act, the TIF Ordinance, and this Agreement, each of the Owners desires to agree, for itself and for each of its successors and assigns as Owners of all or any portion of any of the real property comprising the TIF Site, to pay Service Payments in an amount equal to the amount of real property taxes that would have been paid with respect to the real property comprising the TIF Site had the TIF Exemption not been granted by the City under the TIF Act and the TIF Ordinance and applied for and allowed thereunder; and 030
19642855v6 2 WHEREAS, the parties have entered into a Development Agreement dated December 20, 2024 ( as the same has been amended from time to time, “ Development Agreement”) which, among other things, lays out the agreed upon plan and schedule of development, including restrictions on use of the TIF Site; and WHEREAS, the City, the Developer and the School District have entered into a School Compensation Agreement dated December 16, 2024 ( the “ School Compensation Agreement”) which, among other things, determines the priority and proportion of the service payments the School District is entitled to receive; and WHEREAS, the obligation of the City to provide the statutory service payments generated from the Project ( the “ Project TIF Revenue”) for the Development in accordance with this Agreement is contingent upon the satisfaction of all of the contingencies with respect to the Development contained in the Development Agreement entered into between parties. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter contained, the City and the Developer covenant, agree, and bind themselves as follows: SECTION 1. TAX EXEMPTION; PRIORITY OF EXEMPTIONS. In accordance with O.R.C. Section 5709.41, and subject to the terms of the Development Agreement, the parties hereby agree that the TIF Exemption is a 30-year, 100% exemption from real property taxation for an Improvement for a period commencing for each parcel with the first tax year that begins after the effective date of the TIF Ordinance and in which an Improvement on that Parcel would first appear on the tax list and duplicate of real and public property were it not for the TIF Exemption, and ending for each Parcel on the earlier of (i) 30 years after such exemption commenced, or (ii) the date on which the City can no longer require service payments in lieu of taxes, all in accordance with the requirements of the TIF Statutes (the “Exemption Period”). The Owner shall make Service Payments in an amount equal to the real property taxes that would have been payable with respect to the Improvement had an exemption with respect to such Improvement not been applied for by the Owner and allowed under O.R.C. Section 5709.41. Each Service Payment to be made under this Agreement will made on a semi-annual basis in an amount equal to one-half of the annual property tax amount that would have been payable with respect to the Improvement had the TIF Exemption not been granted. The Service Payments shall be due and payable on each January 15 and July 15 or such other date as the Treasurer of Cuyahoga County, Ohio (the “County Treasurer”) determines property taxes are due (such date being hereinafter referred to as a “Service Payment Date”) until expiration or termination of the TIF Exemption. SECTION 2. OBLIGATION TO MAKE SERVICE PAYMENTS. In the event that any Service Payment, or any installment thereof, is not paid when due by any Owner on any Service Payment Date, to the extent that the County does not impose a late fee or delinquency charge, the City may impose and collect a late payment charge, payable to the City, in the amount of the charges for late payment of real property taxes, including penalty and interest, which would have been paid pursuant to O.R.C. Section 323.121 on the delinquent amount. It is intended and agreed that the covenants provided in this Agreement shall be covenants running with the land and that they shall, in any event and without regard to technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit and in favor of and enforceable by the City. It is further intended and agreed that this Agreement and the Development Agreement and the covenants therein shall remain in effect for the full period of the TIF Exemption permitted in accordance with the requirements of the Development Agreement, the TIF Act, and the TIF Ordinance enacted pursuant thereto. Each Owner shall only be responsible for making Service Payments 031
19642855v6 3 that become due and payable during the period of that Owner’s ownership of all or any portion of the TIF Site and only with respect to the portion of the TIF Site owned by the Owner. Upon satisfaction of each Owner’s obligations under this Agreement and termination of the obligations of the Owners to make the Service Payments, the City shall, upon the request of an Owner, execute an instrument in recordable form evidencing such termination and releasing the covenants running with the land set forth in the applicable deed. The parties acknowledge that the provisions of O.R.C. Section 5709.91, which specify that the Service Payments shall be treated in the same manner as taxes for all purposes of the lien described in O.R.C. Section 323.11, including but not limited to, the priority of the lien and the collection of Service Payments, shall apply to this Agreement. The City and each Owner shall perform such acts as are reasonably necessary or appropriate to effect, claim, preserve and maintain the exemptions from taxation granted under this Agreement including, without limitation, joining in the execution of all documentation and providing any necessary certificates required in connection with such exemptions. No Owner shall, under any circumstances, be required to pay both real property taxes with respect to any portion of an Improvement and Service Payments for any tax year with respect to that portion of an Improvement, whether pursuant to O.R.C. Section 5709.42, the TIF Ordinance, this Agreement or any other applicable law. SECTION 3. ADDITIONAL OBLIGATIONS. A. Should any Owner default hereunder, such Owner shall pay in addition to the Service Payments such amount as is required to reimburse the City for any and all reasonably and actually incurred costs, expenses and amounts ( including reasonable attorneys’ fees) incurred by the City to enforce the provisions of this Agreement. B. Within five (5) business days following the effective date of this Agreement, Developer shall, at its sole cost and expense, cause this Agreement to be recorded in the real property records of the County, it being understood and agreed that the lien of this Agreement shall, in accordance with O.R.C. Sections 323.11 and 5709.91, be prior to any mortgage, assignment, lease or other conveyance of any part of or interest in the TIF Site, and prior to any security instrument encumbering all or any part of or interest in the Improvement; provided, however, that nothing contained in this Agreement shall be construed to permit acceleration of the Service Payments beyond the current year that such Service Payments are due. C. The obligation to perform and observe the agreements on the Owners’ parts contained herein shall be binding and enforceable against each and every Owner by the County Treasurer, and shall also, to the extent permitted by law, be enforceable by the City. D. The obligation of the City to provide the Project TIF Revenue for the Development in accordance with this Agreement is contingent upon the satisfaction of all of the contingencies with respect to the Development contained in the Development Agreement entered into between parties as more particularly provided therein. SECTION 4. BINDING NATURE OF OBLIGATIONS; SECURITY FOR PAYMENT. Anything herein to the contrary notwithstanding, upon the effective date of this Agreement, the Owners’ obligation hereunder to pay Service Payments and to perform and observe any other agreements on their part contained herein, shall be absolute and unconditional and shall be covenants running with the land and shall be binding and enforceable by the City against the Owners, but only to the extent of the respective Owners’ obligations and only with respect to its or their interest in the TIF Site and the Improvement, or any part thereof or any interest therein. Each Owner’s obligation to pay the Service Payments shall be secured by a lien on its interest in the TIF Site and the Improvement, as provided by law and described in Section 12. Notwithstanding any provision of this Agreement to the contrary, each Developer’ s and each Owner’s 032
19642855v6 4 liability under this Agreement shall be limited to its right, title and interest in the Development. In no event shall any Developer, any other Owner, or any of their respective employees, officers, managers, directors, partners, beneficiaries, members, joint ventures, shareholders, owners or affiliates be personally liable for any obligations hereunder. SECTION 5. DEPOSIT OF SERVICE PAYMENTS. Pursuant to the TIF Act and the TIF Ordinance, the County Treasurer will distribute the Service Payments and the Property Tax Rollback Payments to the City for deposit in the TIF Fund and distribution accordance with the Development Agreement. The distribution from the County Treasurer to the City required under the TIF Ordinance will be made at the same time and in the same manner as the real property tax distributions. Each Owner shall pay, cause, or require to be paid, as the same become due, all taxes, assessments, whether general or special, and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the TIF Site (except as otherwise provided herein) or any personal property or fixtures installed or brought therein or thereon ( including, without limiting the generality of the foregoing, and by way of example, any taxes levied against an Owner with respect to the receipts, income or profits from leasing or subleasing space within the Improvement, which, if not paid, may become or be made a lien on all or any portion of the TIF Site). Notwithstanding the foregoing, and pursuant to the Development Agreement and subject to the Compensation Agreement, the Developer or any individual Owner may, at their own expense and in good faith, contest the amount of any property taxes. SECTION 6. NOTICES. All notices, designations, certificates, requests or other communications under this Agreement shall be sufficiently given and shall be deemed given on receipt when personally delivered, or 48 hours after being mailed by registered or certified mail, postage prepaid: if to the City, at 12650 Detroit Ave. Lakewood, Ohio 44107, with a copy to the Law Department at 12650 Detroit Ave. Lakewood, Ohio 44107, if to the Developer, at 250 South Civic Center Drive, No. 500, Columbus, Ohio 43215. The City, the Developer, and any individual Owner may, by notice given under this Agreement, designate any further or different addresses to which subsequent notices, designations, certificates, requests or other communications shall be sent, and shall provide copies of all such communications to any of the others to all of the others. SECTION 7. EXEMPTION APPLICATIONS. When appropriate, the Owner, with the City’s assistance, shall coordinate the filing of the required DTE form (or any other applicable or required forms) to evidence the City’ s application for exemption from real property taxation with respect to the TIF Site pursuant to O.R.C. Section 5709.911(A)(1). The City, the Developer, and any individual Owner shall cooperate with each other, and execute such further documents and provide such further information as are reasonably required in connection with the filing and processing of such applications. The parties hereto intend that such exemption from real property taxation will initially apply as provided in Section 1 above and shall use due diligence and commercially reasonable efforts to that end. The Developer and any individual Owner shall continuously use due diligence and employ commercially reasonable efforts to keep such exemptions in force, not permitting the same to lapse or be suspended or revoked for any reason within each Developer’ s or any individual Owner’s control. SECTION 8. EFFECTIVE DATE; DURATION OF AGREEMENT. This Agreement shall become effective only after its execution and delivery by the parties. Unless sooner terminated pursuant to the terms hereof, this Agreement shall expire at the end of the Exemption Period or the termination of the Development Agreement, whichever occurs first. Upon expiration or termination of this Agreement, the City will cause this Agreement to be cancelled of record at the cost of the Owners. 033
19642855v6 5 SECTION 9. APPLICATION OF SERVICE PAYMENTS. The Service Payments shall be made by or on behalf of the Owners to the County Treasurer on or before the applicable Service Payment Dates. Upon receipt of the Service Payments from the County Treasurer, the City shall deposit the Service Payments in the TIF Fund (hereinafter, the “TIF Fund”) established by or designated in the TIF Ordinance; provided, that all such amounts received by the City shall be allocated for the purposes set forth in the TIF Ordinance, including, without limitation ( i) payment of the costs of any improvements for urban redevelopment purposes or other purposes provided in the TIF Ordinance related to the TIF Site as authorized in O.R.C. Section 5709.41; or (ii) other authorized uses by the City as permitted under Ohio law. SECTION 10. REIMBURSEMENT OF DEVELOPER AND PRIORITY OF PAYMENT. The City shall pay to the Developer in accordance with the terms of this Agreement and the Development Agreement with respect to the Development for which a written requisition substantially in the form attached as Exhibit C ( a “ Written Requisition”) is submitted to the City, the actual costs of such Development, including, but not limited to, the items of “costs of permanent improvements” contained in O.R.C. Section 133.15 (with the costs of the Development collectively referred to herein as the “ Costs”). As set forth in Article XIII of the Development Agreement, such reimbursement shall be equal to 23,000,000 with five percent (5.0%) interest accrued on the outstanding principal amount from time to time. Any City fees not paid by the Developer will be payable out of the TIF Fund before any reimbursement of the Developer provided below. Except as otherwise provided herein, the City shall pay all Project TIF Revenue on deposit in the TIF Fund to or as directed by the Developer within forty-five (45) days of receipt by the City (each, a “ Payment Date”) until all of the Costs have been paid in full. All payments to the Developer hereunder on each Payment Date shall be made pursuant to written instructions provided by the Developer. Upon request of the Developer, the City and Developer may enter into a separate written agreement assigning certain payments otherwise due to the Developer hereunder to a lender for the Development for purposes of paying debt service on loans made to finance costs of eligible improvements hereunder. Notwithstanding any other provision of this Agreement, the City’s payment obligations hereunder are limited to the monies in the TIF Fund and do not constitute an indebtedness of the City within the provisions and limitations of the laws and the Constitution of the State of Ohio, and the Developer does not have the right to have taxes or excises levied by the City for the payment of the Costs and interest thereon. At any time of which there exists a default by any Developer under the Development Agreement, the City, at its option, may, but shall not be obligated to, by written notice to the Developer, cease disbursements of the proceeds from the TIF Fund until such Developer default has been cured, at which time all withheld payments will be disbursed. Furthermore, in the event of any such Developer default that extends beyond the applicable cure period in the Development Agreement, the City shall have those remedies identified in Section XXIII(B) of the Development Agreement. SECTION 11. DEFAULTS AND REMEDIES. The following shall be events of default under this Agreement: a) the failure of any Developer or any individual Owner to pay no later than the thirtieth calendar day following its due date any Service Payment, or any installment thereof, due by the Developer or any individual Owner, including any applicable late payment charges; b) the failure of any Developer or any individual Owner to perform or observe any other covenant made by it in or pursuant to this Agreement, which failure shall continue for more than 30 days following written notice thereof by the City; 034
19642855v6 6 c) the failure by the City to provide the Project TIF Revenue to the Developer or their designees within forty- five ( 45) days following the deposit of such Project TIF Revenue by the City into the TIF Fund; provided, however, that the Developer has complied with the cost certification requirements of Section 10 hereof; or d) the failure of the City to perform or observe any other covenant made by it in or pursuant to this Agreement, which failure shall continue for more than 30 days following written notice thereof by a Developer. Upon the occurrence and continuation of any event of default, in addition to other rights of enforcement granted hereunder, the City or the Developer shall be entitled to exercise any and all remedies available to it hereunder, including the remedies described in Section 12, or under applicable law. Waiver by the City or any Developer of any event of default shall not be deemed to extend to any subsequent or other event of default under this Agreement. The City and the Developer acknowledge and agree that the timely payment of Project TIF Revenue to the Developer is a material term of this Agreement. SECTION 12. ENFORCEMENT; FORECLOSURE OF LIEN. The provisions of this Agreement with respect to the obligations of the Developer or any individual Owner may be enforced to the fullest extent permitted by law, by (i) the City, and (ii) the County Treasurer. It is the intention and agreement of each Owner that this Agreement shall constitute and be deemed to be a lien encumbering and running with the real property comprising the TIF Site to secure the obligations of the Owners to make Service Payments and, if applicable, pay interest and penalties), which Service Payments are intended to have the same lien rights as real estate taxes and the same priority in accordance with O.R.C. Sections 323.11 and 5709.91. In furtherance of the foregoing, it is the intention of each Owner that the City may, upon the occurrence of an event of default set forth in Section 11 hereof, and without limiting any other right or remedy otherwise available to the City, take all such steps as may be legally available to it to foreclose upon such lien pursuant to the procedures and requirements of Ohio law relating to either delinquent real estate taxes or mortgage liens; provided, that nothing contained in this Agreement shall be deemed to authorize any acceleration of Service Payments due in future years. The provisions of this Agreement shall encumber and run with the real property comprising the TIF Site. SECTION 13. COUNTERPARTS; CAPTIONS. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same Agreement. Captions have been provided herein for the convenience of the reader and shall not affect the construction of this Agreement. SECTION 14. SEVERABILITY. In case any section or provision of this Agreement, or any covenant, agreement, stipulation, obligation, act or action, or part thereof, made, assumed, entered into or taken under this Agreement, or any application thereof, is held to be illegal or invalid for any reason, or is inoperable at any time, that illegality, invalidity or inoperability shall not affect the remainder thereof or any other section or provision of this Agreement or any other covenant, agreement, stipulation, obligation, act or action, or part thereof, made, assumed, entered into or taken under this Agreement, all of which shall be construed and enforced at the time as if the illegal, invalid or inoperable portion were not contained therein. All illegality, invalidity or inoperability shall not affect any legal, valid and operable section, provision, covenant, agreement, stipulation, obligation, act, action, part or application, all of which shall be deemed to be effective, operative, made, assumed, entered into or taken in the manner and to the full extent permitted by law from time to time. 035
19642855v6 7 SECTION 15. GOVERNING LAW AND CHOICE OF FORUM. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. All claims, counterclaims, disputes and other matters in question between the City, its agents and employees; the Developer, its employees, contractors, subcontractors and agents; and any individual Owner, its employees, contractors, subcontractors and agents arising out of or relating to this Agreement or its breach will be decided in a state court of competent jurisdiction within the State of Ohio. SECTION 16. ENTIRE AGREEMENT. This document ( with its exhibits) contains the entire agreement between the parties and supersedes any prior discussions, representations, warranties, or agreements between them respecting the Service Payments. No changes or amendments shall be made or be binding unless made in writing and signed by each of the parties. SECTION 17. NO CITY EXPENDITURES IN YEAR OF EXECUTION. Nothing contained in this Agreement shall be construed to require the City to expend funds in connection with the performance of this Agreement in fiscal year 2025. SECTION 18. ADDITIONAL DOCUMENTS; AMENDMENT. The parties hereto agree for themselves and their respective successors, assigns and transferees, to execute any further agreements, documents or instruments as may be reasonably necessary to fully effectuate the purpose and intent of this Agreement in compliance with all laws and ordinances controlling this Agreement. Any amendment to this Agreement must be in writing and signed by or on behalf of all parties or their respective permitted successors, assigns, and transferees. SECTION 19. ASSIGNMENTS. This Agreement shall be binding on the Parties hereto and their respective successors and assigns. Except as otherwise discussed below, this Agreement may not be assigned by any party hereto without the written consent of the other party, not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the Developer may, upon notice to the City, and without the prior written consent of the City, assign this Agreement to (i) a lender or its designee in connection with financing obtained for the Project (as described in Section XXIII(J) of the Development Agreement) or (ii) entities controlling, controlled by, or under common control with the Developer. Assignments conducted pursuant to the foregoing sentence shall be referred to herein as “ Permitted Assignments.” The Developer shall provide written notice to the City of any Permitted Assignments no later than ten (10) days prior to the execution of such assignment. All representations and warranties of the Developer and the City herein shall survive the execution and delivery of this Agreement. Notwithstanding the foregoing, the consent of the City shall be required for any assignment to (i) a party (or an affiliate) who has been involved in litigation or a material dispute opposite the City, (ii) a party (or an affiliate) that has had any contract with the City cancelled as a result of a default by such proposed Assignee (or its affiliates), or (iii) a party (or an affiliate) who owns commercial real estate or multi-family property in the City and who has on multiple occasions been subject to any action, including fines and material notices, as a result of building code, zoning or property management violations. Balance of Page Intentionally Left Blank] 036
19642855v6 8 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their respective names by themselves or their duly authorized officers, as applicable, all as of the date hereinbefore written. CITY OF LAKEWOOD By: Meghan F. George, Mayor BELLE AVE PARTNERS, LLC, an Ohio limited liability company By: _______________________________ Name: _____________________________ Title:_______________________________ Approved as to Form: Ernie Vargo, Director of Law 037
19642855v6 9 STATE OF OHIO ) SS: COUNTY OF ____________ ) Before me, a Notary Public in and for said County and State, personally appeared the above named City of Lakewood by Meghan F. George, its Mayor, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and who acknowledged that she did sign the foregoing instrument and that the same is the free act and deed of said city, and the free act and deed of her personally and as such Mayor. This is an acknowledgement certificate. No oath of affirmation was administered to the signer in connection with this notarial act. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at __________________, Ohio, this _______ day of _________________________, 2025. Notary Public STATE OF OHIO ) SS: COUNTY OF ____________ ) Before me, a Notary Public in and for said County and State, personally appeared the above named City of Lakewood by Ernest E. Vargo, its Director of Law, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and who acknowledged that he did sign the foregoing instrument and that the same is the free act and deed of said city, and the free act and deed of him personally and as such Director of Law. This is an acknowledgement certificate. No oath of affirmation was administered to the signer in connection with this notarial act. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at __________________, Ohio, this _______ day of _________________________, 2025. Notary Public 038
19642855v6 10 STATE OF OHIO ) SS: COUNTY OF ____________ ) Before me, a Notary Public in and for said County and State, personally appeared the above named BELLE AVE PARTNERS, LLC, by [_____], its [______], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and who acknowledged that she did sign the foregoing instrument and that the same is the free act and deed of said limited liability company. This is an acknowledgement certificate. No oath of affirmation was administered to the signer in connection with this notarial act. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at __________________, this _______ day of _________________________, 2025. Notary Public This instrument prepared by: Robert F. McCarthy, Esq. Bricker & Eckler LLP 100 South Third Street Columbus, Ohio 43215 039
EXHIBIT A Legal Description of the TIF Site [Insert Legal Descriptions] A-1 19642855v6 040
EXHIBIT B City TIF Ordinance B-1 19642855v6 041
EXHIBIT C FORM OF WRITTEN REQUISITION No.___ For Cost of Work) To: City of Lakewood, Ohio Attention: _________________________, ____________________ Subject: Written Requisition for Costs of Development pursuant to the terms of the Service Payment Agreement dated 2025 ( the “ Agreement”), by and between the City of Lakewood, Ohio, and Belle Ave Partners, LLC, an Ohio limited liability company (the “ Developer”). You are hereby requested to approve the amount of $ as Cost of the Development for the purposes set forth in Item I attached hereto. Unless otherwise defined herein, all capitalized terms set forth but not defined in this Written Requisition have the respective meanings assigned to them in the Agreement. The undersigned authorized representative of the Developer does hereby certify on behalf of the Developer that: I have read the Agreement and definitions relating thereto and have reviewed appropriate records and documents relating to the matters covered by this Written Requisition; The disbursement herein requested is for an obligation properly incurred, is a proper charge as a Cost of the Development (as defined in the Agreement), and has not been the basis of any previous reimbursement request; The Developer is in material compliance with all provisions and requirements of the Agreement and the Development Agreement; The reimbursement requested hereby does not include any amount which is being retained under any holdbacks or retainages provided for in any applicable agreement; The Developer has, or the appropriate parties on the Developer’ s behalf have, asserted its entitlement to all available manufacturer’ s warranties to date upon acquisition of possession of or title to the Development or any part thereof which warranties have vested in the Developer; The Developer certifies that (i) there is not any attested account claim from any subcontractor, material supplier or laborer who has performed labor or work or has furnished materials for the Development for which reimbursement is requested pursuant to this Written Requisition; or (ii) Developer has provided security discharging any known attested account claims. EXECUTED this day of , 202_. Belle Ave Partners, LLC An Ohio limited liability company By: _______________________________ 042
1 ITEM I Requisition No. for the Development Pay to Amount $ For Account of: Account Number: Wiring Instructions: For the purpose of reimbursing the following payments previously paid by the Developer for the Costs of the Development: Name of Vendor Service Rendered Time Period Cost of Service Rendered 1. 2. 043
ORDINANCE NO. 26-2025 BY: KEPPLE AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, to approve the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances and to provide for the publication of such new matter. WHEREAS, various ordinances of a general and permanent nature have been adopted by Council but not yet included in the Codified Ordinances of the City; and WHEREAS, given the above, now is an appropriate time to contract with the City’s codifier, American Legal Publishing, to produce a revised and updated version of the Codified Ordinances of the City; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that the publication and distribution of this latest update to the Lakewood Codified Ordinances is an essential resource and reference for government operations; now, therefore BE IT ORDAINED BY CITY OF LAKEWOOD, OHIO: Section 1. The editing, arrangement and numbering and renumbering of the following ordinances and resolutions and parts of ordinances and resolutions are hereby approved as parts of the various component codes of the Codified Ordinances of the City, so as to conform to the classification and numbering system of the Codified Ordinances: Ord. No. Date C.O. Section Topic 15-2025 5/5/2025 902.12, 915.03 Update water/sewer homestead exemption income limit 16-2025 7/21/25 Enact 901.23 Enact Complete Streets policy/process 17-2025 7/21/25 Enact Chap. 161 Establish CASE Board 19-2025 5/19/2025 1306.75 Require a structural engineering report every 5 years (typo correction) Section 2. The Third Amended Charter published within the Codified Ordinances is the official charter of the City of Lakewood. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, 044
and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legalrequirements. Section 4. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least two thirds of the members of Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval bythe Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved: Meghan F. George, Mayor 045
ORDINANCE NO. BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, repealing Chapter 160, Audit Committee of the Codified Ordinances of the City of Lakewood. WHEREAS, the purpose of the Audit Committee is to review the City’s financial audits and any comments from the independent auditor; and WHEREAS, this function can easily be absorbed by Council’s Finance Committee which is more efficient than having a volunteer board for review of an annual audit; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments to provide for the usual daily operation of the City in that the Audit Committee should be dissolved prior to year end when the volunteer terms expire. Now therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO Section 1. That Chapter 160, Audit Committee, of the Lakewood Codified Ordinances, currently reading as follows: Chapter 160 Audit Committee 160.01 ESTABLISHMENT; PURPOSE. The City of Lakewood Audit Committee is hereby established to provide independent review and oversight of the City’ s financial reporting processes, internal controls, and the independent auditor comments. The Committee shall review financial statements, independent auditor reports and follow up on corrective actions; review the City of Lakewood’ s comprehensive framework of internal controls; assess the performance of the independent auditor; and to provide an independent forum to report findings of management fraud, abuse or control override to the independent auditor. 160.02 MEMBERSHIP. The Audit Committee shall be composed of the Lakewood City Council Finance Committee members, two Lakewood residents appointed by City Council and four Lakewood residents appointed by the Mayor. The appointed Lakewood residents must currently or formerly have been employed in the finance industry, or serve in a finance capacity, preferable within government finance, and/or must be a recognized expert of the finance industry. Committee members shall receive no compensation for their service and shall have a point of contact in the Department of Finance. 160.03 TERMS. Initially, one Council appointment and two Mayoral appointments shall be for a period of one year. Thereafter, each appointment and the remainder of all other initial appointments shall be for a period of two years. 160.04 BYLAWS AND GENERAL RULES OF OPERATION. The Committee shall meet at least on a quarterly basis. The committee shall devise its own officers, governance, and place and time of assembly. is hereby repealed. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. 33/( 8// 2&. 046
Section 4. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least two thirds of the members of Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: ________________ ___________________________ Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved: _______________ ___________________________ Meghan F. George, Mayor 047
Ž Council At Large Sarah Kepple, President Thomas R. Bullock III Angelina Hamilton Steiner Ward Council Kyle Baker, Ward 1, Vice President Bryan Evans, Ward 2 Cindy Strebig, Ward 3 Cindy Marx, Ward 4 12650 Detroit Ave. Lakewood, OH 44107 216) 529-6055 | www.lakewoodoh. gov September 15, 2025 Lakewood City Council Lakewood, Ohio Re: Administrative Policy on Gender Freedom Dear Colleagues, Over the past several months, the lives, livelihoods, and wellbeing of transgender individuals have been severely threatened by discriminatory policies coming from the state and federal levels of government. These policies amount to a cruel attempt to erase the identities and silence the voices of members of the transgender community, resulting in many of our friends and neighbors feeling unsafe and uncertain. The following resolution seeks to provide reassurance and protection to our transgender neighbors and their families by proposing an administrative policy to be enacted city-wide. The policy articulates that City resources, including funds and employee time shall not be utilized for the purpose of investigating individuals pursuing gender- affirming health care for themselves or a family member; nor will resources be used to pursue medical providers who may provide this care, or to follow up on any reports of such. The policy further makes explicit that any and all information the City receives about the healthcare of individualsis subject to Health Insurance Portability and Accountability Act (“HIPAA”) and that benefits- eligible City of Lakewood employees will continue to receive gender- affirming care through the City’s insurance provider, if needed. Additionally, anticipating the potential return of anti-drag bills at the State level, the policy addresses freedom of gender expression and performance. It is our firm belief that this policy reflects the current attitude and practice of our City administration, which has expressed no desire to carry out the misguided priorities of our state and federal governments in this regard. Each year during budget season, the City reflects on its long-term and short-term priorities, which are many and require the focused time, attention and dedication of staff, plus the support of taxpayers. There is simply not room in the City’ s budget or staff capacity to indulge these unconscionable policies which do nothing but distract us from our primary goals of building a strong, sustainable, and welcoming community. Sincerely, Sarah Kepple Cindy Strebig President of Council Councilmember, Ward 3 Councilmember at large 048
RESOLUTION 2025-45 BY: KEPPLE, STREBIG A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, adopting the City of Lakewood Gender Freedom Policy in response to attacks on transgender rights at the state and national levels. WHEREAS, the transgender, nonbinary, and LGBTQIA+ ( Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual) community in Lakewood and nationally are being attacked by the Trump Administration's recent actions, including: x The Trump Administration’s executive order on January 20, 2025 stating that the U.S. government will now recognize only two sexes--male and female--and define sex as “ an individual’s immutable biological classification as either male or female,” and erasing gender as a meaningful identifier in official policies and documents; x The Trump Administration’s executive order on January 28, 2025, rescinding funding for seeking to end gender-affirming medical treatments for children and teenagers under the age of 19 and discrediting relevant scientific literature on gender-affirming care; x The US Office of Personnel Management’s memo dated January 29th, 2025 to all federal agencies ending legal recognition of transgender people by removing references to gender on all forms that previously requested this information; WHEREAS, in January 2024, the Ohio General Assembly voted to override Governor Mike DeWine’s veto against Ohio House Bill 68 (“ H.B. 68”), a bill that bans transgender, non- binary, and gender-expansive minors from receiving gender-affirming health care; and WHEREAS, transgender immigrants, refugees, and asylees face additional gender-based persecution due to their immigration status; and WHEREAS, the Human Rights Campaign reported in 2023 that, 85% of all victims of fatal violence against transgender and gender diverse people identified since 2013 are members of the BIPOC (Black, Indigenous, and People of Color) communities with almost two-thirds (61.8%) of victims have been black trans women; and WHEREAS, a survey by the National Center for Transgender Equality and the National Gay and Lesbian Task Force reveals that transgender people experience unemployment at twice the rate as the general population, with transgender people of color impacted at a scale four times the national rate. The survey also revealed that transgender individuals are four times more likely to have a household income of less than $ 10,000/year compared to the general population. Transgender survey respondents further reported that they experienced extensive discrimination as both renters and homeowners, 19% said that they had been denied a home or apartment because of their gender identity, and their homeownership rates were reported at only half the national rate; and WHEREAS, gender-affirming health care is evidence-based and broadly supported by major medical associations, including the American Medical Association, the American Academy of Pediatrics, the American Academy of Child and Adolescent Psychiatry, the American 049
Psychiatric Association, the American Psychological Association, the American Counseling Association, the Endocrine Society, the American College of Obstetricians and Gynecologists, the American Urological Association, the American Society for Reproductive Medicine, and the Children’s Hospital Association; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that the lives and wellbeing of transgender individuals is at stake; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City of Lakewood hereby makes a commitment to enshrining and upholding transgender rights, equal protections and safety for transgender and gender diverse community members. Section 2. The City of Lakewood recognizes the importance of gender-affirming healthcare as a matter of health, privacy, and equality and to ensure, to the greatest extent permitted by law, that those rights are upheld for all residents and visitors within the City of Lakewood and therefore adopts the City of Lakewood Gender Freedom Policy (“Policy”) attached as Exhibit “A”. Section 3. The Policy shall not be amended or rescinded without separate action of Council. Section 4. The City will distribute the Policy to all employees upon enactment of this Resolution and will distribute the Policy to new employees within 30 days of their start date. Section 5. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety, and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least two thirds of the members of Council, this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved: Meghan F. George, Mayor 050
City of Lakewood City Council Council At Large Sarah Kepple, President Thomas R. Bullock III Angelina Hamilton Steiner Ward Council Kyle Baker, Ward 1, Vice President Bryan Evans, Ward 2 Cindy Strebig, Ward 3 Cindy Marx, Ward 4 City of Lakewood Administrative Policy regarding Gender Freedom In light of the numerous federal and state attempts to target and restrict the rights and dignity of transgender people, and due to the threat of criminalizing certain forms of gender related expression, the City of Lakewood (“ City) finds it necessary to establish a policy regarding the use of public funds or resources in the investigation and the prosecution of individuals for their personal choices regarding health care and expression. Under Ohio’s Home Rule Authority, the City has the authority to prioritize the utilization of resources and exercise prosecutorial discretion. Lakewood is the most densely populated municipality in Ohio and experiences crime like any other densely populated inner ring suburbs. Therefore, it is the City’s policy that no city resources, including, but not limited to, time spent by employees, officers, contractors, or subcontractors while on duty, or the use of city property, shall be utilized for detaining or investigating persons for solely seeking or providing gender-affirming care, including gender affirmation surgery or gender hormone therapy and legal guardians seeking gender-affirming care on behalf of dependents. Further, no city resources shall be utilized for cooperating with or providing information to any individual, in or out-of-state agency or department regarding the provision of gender-affirming healthcare or gender-affirming mental healthcare performed in Lakewood and the State of Ohio. Further, the City recognizes that legislation that has previously been introduced in the Ohio General Assembly would restrict and criminalize “performers or entertainers who exhibit a gender identity that is different from the performer’ s or entertainer’s gender assigned at birth.” Therefore, it is the City’s policy that investigations of individuals, organizations, and businesses performing or hosting drag performances or entertainment which would not otherwise fall under Ohio’s Obscenity law, ORC 2907.32, were gender identity or expression not explicitly targeted; and, investigations of individuals, organizations, and healthcare providers in Lakewood facilitating gender-affirming care as supported by major medical associationsi and facilitation of other policies and laws aimed to harm transgender and gender diverse people to be the lowest possible priority, and ensure transgender and gender diverse people have access to healthcare, housing, education, employment, and self-expression without fear of discrimination. Any report or other record created and held by the City, which contains medical information regarding gender-affirming healthcare will be considered confidential health information and not subject to release, except with the consent of the individual as required by the health insurance Portability and Accountability Act (“HIPAA”). Employees who may regularly gather such information from the public will be trained to protect confidential health information and to not collect unnecessary health information related to gender-affirming care. Finally, Lakewood also has the authority to determine the types of employee benefits that it currently offers employees to ensure their health and wellness, respecting their private healthcare decisions. As a result, Lakewood will continue to provide medical coverage for employees and covered family members who seek gender-affirming care even if such care must legally be provided outside the State of Ohio. i the American Medical Association, the American Academy of Pediatrics, the American Academy of Child and Adolescent Psychiatry, the American Psychiatric Association, the American Psychological Association, the American Counseling Association, the Endocrine Society, the American College of Obstetricians and Gynecologists, the American Urological Association, the American Society for Reproductive Medicine, and the Children’ s Hospital Association 051
City of Lakewood City Council Council At Large Sarah Kepple, President Thomas R. Bullock III Angelina Hamilton Steiner Ward Council Kyle Baker, Ward 1, Vice President Bryan Evans, Ward 2 Cindy Strebig, Ward 3 Cindy Marx, Ward 4 September 15, 2025 Lakewood City Council 12650 Detroit Avenue Lakewood, Ohio 44107 Re: Responding to high housing costs in Lakewood by urging state government to provide new tools to local governments to implement targeted property tax relief programs via residential stability zones Dear Mayor and Members of Council: Over at least the last six years, the high price of housing has been affecting Lakewood residents, renters and property owners alike. Many have expressed concern about the pressure that high prices impose upon both our longtime neighbors—people who have lived in their homes for decades and may own them outright—and newer neighbors who are tenants in one of Lakewood’ s wonderful homes or apartment buildings. Both are feeling pressure from inflation in the general economy (the cost of groceries, utility bills, gasoline, and other basics are rising faster than our incomes) and from the housing market, which is putting pressure on Lakewood’ s longtime identity as a socio-economically diverse community. Housing prices have risen regionally, yet Lakewood’ s have risen more steeply (more than 40 percent higher than the region). Citywide, our total property value has doubled in the last six years to approximately 1.8 billion. Strong property values bring with them some important benefits, but the annual carrying costs of property ownership—i.e. property taxes— present difficulties to many. These difficulties have been magnified in the last six years given the sudden and large increase in valuation without a commensurate adjustment to how property taxes are assessed for inside mills—the first 10 mills on our property tax bills—which adjust automatically up or down with property values. Combine this with long-term State of Ohio policy to shift government revenues away from income taxes and to cut in half the share of state revenues allocated to local governments via the Local Government Fund, and the effect is that local property taxes have taken on a larger and larger role in funding essential services from cities, libraries, school districts, park districts, and more. Notably, the most recent state budget delivered to high net worth individuals very significant tax relief while delivering zero to working class homeowners. It is a false choice for state government to in effect tell property owners to strain their family finances to the point of breaking or to harm their quality of life by closing or greatly reducing community services from police, fire, libraries, parks, and schools— the loss of which would harm properties values as well. Both are unacceptable. State government needs to reform its approach to taxes and public revenue to rebalance cost sharing and to remove the distortionary effects on our communities of high reliance on property taxes. (An example is Ohio’s public school funding system, which relies greatly on local property taxes; the Ohio Supreme Court found this system of financing public education to be unconstitutional in the 1997 landmark case DeRolph v. State.) The Governor and General Assembly have many proposals before them. Local government powers do not traditionally provide the tools needed to address these matters: outside of levies, local governments have no tools to control local property taxes. More targeted and effective solutions are available at the state government level. Tonight, I invite us to express support for one such proposal, Senate Bill 42, a bipartisan proposal by Senators Michelle Reynolds and Hershel Craig to authorize residential stability zones in which homeowners may qualify for partial property tax exemption. This would create new tools for a local government to, optionally, implement targeted reduction of property taxes by criteria that it would define. The legislation would: 052
12650 Detroit Ave. Lakewood, OH 44107 216) 529-6055 | www.lakewoodoh. gov x authorize limited home rule townships, counties, and municipalities to establish temporary zones where certain homeowners may apply for a partial property tax exemption equal to a percentage of the increase in assessed valuation of their homes; x require receipt of an exemption to be limited based on household income, asset ownership, and length of ownership and occupancy; x limit the authorization of such zones to periods of no more than ten years, subject to renewal; x authorize exemptions to be for an indefinite period for homeowners aged 60 and over or for six years for all other homeowners; and x authorize a recoupment charge for any exemptions claimed while the homestead or owner did not qualify for the exemption. The merits of this proposal are that it equips local government to be a part of the solution by choosing what percentage is going to be abated, for how long, and to select other eligibility criteria. This would allow municipalities to make policy choices such as (for example) targeted relief to low- and intermediate- income property owners. Most importantly, without such new tools, it is difficult for the City of Lakewood or any other local government to provide effective targeted assistance or relief. Additional steps likely are called for. I propose that City of Lakewood leaders understand the problem and identify solutions around which we may engage with state government leaders to begin providing a response to our Lakewood neighbors who are experiencing financial difficulties more and more. Please join me in prioritizing this important issue by passing this resolution tonight or by referring it to a committee of Council’ s choosing. Sincerely, Tom Bullock Councilmember At-Large 053
RESOLUTION NO. 2025-47 BY: BULLOCK A RESOLUTION to respond to high housing costs in Lakewood by urging state government to provide new tools to local governments to implement targeted property tax relief programs via residential stability zones. WHEREAS, Lakewood has long prided itself on being a socioeconomically diverse community that welcomes all; and WHEREAS, many Lakewood residents are experiencing significant affordability problems due to inflation in the general economy and due to steep property valuation increases in the last six years, which affects housing prices for both tenants and property owners; and WHEREAS, state government has primary control over public revenues and tax collection in Ohio for income, sales, property, and other taxes, and, by contrast, the ability of local governments to allocate tax collections to achieve a more equitable cost share and to reduce problems is more limited; and WHEREAS, local governments currently lack tools for targeted property tax adjustments that could be more effective in addressing difficulties; and WHEREAS, given that it is a false choice for state government to leave property owners in the dilemma of continued strain to their family finances or of closing or greatly reducing community services from police, fire, libraries, parks, and schools—the loss of which would harm properties values and quality of life; and WHEREAS, Council desires to be equipped with more tools to be a part of the solution; and now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. That this Council does hereby express support for Senate Bill 42 in the 136th General Assembly and urges the Ohio General Assembly to adopt, and the Governor of Ohio to sign, the same. Section 2. That the Clerk of Council is hereby authorized and directed to present a copy of this resolution to the Governor of Ohio, the Speaker of the Ohio House, and the President of the Ohio Senate as an expression of the City of Lakewood’s support. Section 3. It is found and determined that all formal actions of this council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. 054
Adopted: Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved: Meghan F. George, Mayor 055
City of Lakewood City Council Council At Large Sarah Kepple, President Thomas R. Bullock III Angelina Hamilton Steiner Ward Council Kyle Baker, Ward 1, Vice President Bryan Evans, Ward 2 Cindy Strebig, Ward 3 Cindy Marx, Ward 4 12650 Detroit Ave. Lakewood, OH 44107 216) 529-6055 | www.lakewoodoh. gov September 15, 2025 Lakewood City Council 12650 Detroit Avenue Lakewood, Ohio 44107 Re: continued enhancement of public input for Active Transportation Plan and other infrastructure projects. Dear Mayor and Members of Council: Please consider the attached resolution to continue enhancing consideration of public input as part of City infrastructure projects, including Active Transportation Plan Projects such as the Bunts Road Rehabilitation Project. City Council has heard a significant amount of public input from residents affected by the Bunts Road Rehabilitation Project, yet the input we have received at Council meetings has fallen outside of the formal public input process that informs the development of project plans for at least two reasons: first, the timing of the input came after a date the City set as a cut-off point for public input; or, the input is before the wrong body (i.e. City Council rather than a Department, Board, or Commission). To the degree that public input is not being incorporated into our plan development, this is unsatisfactory— to the residents, and, I argue, to City Council. Many residents affected by the Bunts Road Rehabilitation Project have worked to communicate features of the plan they would like to change to mitigate their concerns about potential negative impacts on safety, neighborhood character, and other considerations. They have made certain requests and would like to propose alternatives. Under our current process, the City’s work to consider their input appears to be incomplete. The proposed resolution seeks to enhance City Council’s role so that we continue improving our consideration of public input on this and similar infrastructure projects. Please join me in supporting these important concerns by considering this resolution for adoption tonight or by referring it to a committee of Council’ s choosing. Sincerely, Tom Bullock Councilmember At-Large 056
RESOLUTION NO. 2025-48 BY: BULLOCK A RESOLUTION to continue enhancing public input for Active Transportation Plan and other infrastructure projects. WHEREAS, public input from residents, especially those directly affected by infrastructure projects, is important; and WHEREAS, the City of Lakewood is committed to continuous improvement in its work on all matters, including on infrastructure projects; and WHEREAS, public input on the Bunts Road Rehabilitation Project is significant in scope and City Hall has continued to receive it throughout the Project development process, with a notable continuation of public input even after City-convened informational meetings early in the process; and WHEREAS, Council desires to continue enhancing consideration of public input as part of City infrastructure projects; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. That this Council does hereby express support for continued enhancement of Lakewood City Hall’s public input process for Active Transportation Plan projects, including for the Bunts Road Rehabilitation Project, and other infrastructure projects. Section 2. That this Council adopts as its policy that it shall convene public input hearings for Active Transportation Plan projects, including for the Bunts Road Rehabilitation Project, to supplement the work done by other Departments, Offices, Boards and Commissions to gather public input and may, upon a majority vote of Council, recommend that additional measures be taken by other Departments, Offices, Boards and Commissions to continue enhancing their work to gather public input and to incorporate it into their plan development efforts. Section 3. That this Council reserves the right on all City infrastructure projects, including Active Transportation Plan projects such as the Bunts Road Rehabilitation Project, to take further action, including but not limited to: adopting policies that direct leaders from City Departments and Offices to further enhance their efforts to meet with residents affected by such projects; and making formal commitments by the City to enhance such projects through changes or additional features responsive to public input. Section 4. It is found and determined that all formal actions of this council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. 057
Adopted: Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved: Meghan F. George, Mayor 058
City of Lakewood City Council Council At Large Sarah Kepple, President Thomas R. Bullock III Angelina Hamilton Steiner Ward Council Kyle Baker, Ward 1, Vice President Bryan Evans, Ward 2 Cindy Strebig, Ward 3 Cindy Marx, Ward 4 12650 Detroit Ave. Lakewood, OH 44107 216) 529-6055 | www.lakewoodoh. gov September 15, 2025 Lakewood City Council Lakewood, Ohio Re: August 28, 2025 Report from Youth Council Dear Colleagues: The Lakewood Youth Council met on August 28, here in the Auditorium at City Hall after a summer recess. After the minutes were approved, the Chair, Mel Diemert, began a conversation about coverage for the Lakewood Community Festival. The coverage would inèîôôÍôÍÍæô basketball, making signs for the tent, and a give-away. A councilmember suggested a box for recommendations from the community on improvements that they would like to see. The Publicity and Outreach Committees were merged and the Special Committee on Mental Health remains. Members enthusiastically volunteered to lead as co-chairs and additional members joined each committee. Interest in the Lakewood Circulator was expressed and investigation into the standing of this initiative would be pursued. Applications to join the Youth Council will be accepted through September 21st and contacts to local Middle and High Schools will be made to encourage membership. Sincerely, Cindy Strebig She/ Her/ Hers Lakewood City Council Ward 3 059
City of Lakewood DDepartmentt off Publicc Works CChri ss Gordon,, Director MMar kk Papke,, PPE,, CPESC,, Cityy Engineer 216) 529- 6692 pubworks@lakewoodoh. gov 12650 Detroit Ave. Lakewood, OH 44107 www.lakewoodoh. gov September 3, 2025 Lakewood City Council Lakewood, OH 44107 RE:: Ohi oo Publi cc Work ss Commissionn ( OPWC)) Stat ee Capita ll Improvementt Programm Grantt Fisca ll Yearr 20277 Dear President Kepple & Members of City Council, The Public Works Department is recommending submitting a grant application to the Ohio Public Works Commission ( OPWC) State Capital Improvement Program for the Fiscal Year 2027 for the following important infrastructure project: x Nicholson & Wilbert Outfalls Rehabilitation Project I request that City Council approve and pass the attached legislation so that the project may proceed with OPWC State Improvement Program Grant Application funding as soon as possible. Please let me know if you have any further questions. Respectfully, Chris Gordon Director of Public Works Respectfully, Chris Gordon 060
RESOLUTION NO. BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two-thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the City Engineer to prepare and submit applications to participate in the Ohio Public Works Commission State Capital Improvement and/or Local Transportation Improvement Program(s) and execution of all contracts as required. WHEREAS, the State Capital Improvement Program and the Local Transportation Improvement Program both provide financial assistance to political subdivisions for capital improvements to public infrastructure; and WHEREAS, the City of Lakewood is planning to make capital improvements to the Nicholson & Wilbert Outfalls Rehabilitation project; and WHEREAS, the infrastructure improvements herein above described are considered to be a priority need for the community and is a qualified project under the OPWC programs; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City Engineer is hereby authorized to apply to the OPWC for funds as described above. Section 2. The Mayor is authorized to enter into any agreements as may be necessary and appropriate for obtaining this financial assistance. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberation of the Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 4. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least five (5) members of Council, this resolution shall take effect and be in force immediately upon its 061
adoption by the Council and approval by the Mayor; otherwise, it shall take effect and be in force after the earliest period allowed by law. Adopted: Sarah Kepple, President of Council Maureen M. Bach, Clerk of Council Approved: Meghan F. George, Mayor 062
Ryan Fairbanks, Fire Chief City of Lakewood Ryan Birth, Fire Marshal Fire Depa rtment (216) 529-6656 fire@lakewoodoh.gov September 9, 2025 Lakewood City Council 12650 Detroit Avenue Lakewood, OH 44107 RE: Fire Engine Purchase President Kepple and members of City Council, The Lakewood Fire Department respectfully requests an audience with Lakewood City Council to present an overview and update regarding our next fire engine purchase. The LFD Apparatus Committee has been working diligently over the last several months to design and procure quotes from fire engine manufacturers. This purchase is budgeted for in the 2028 capital plan, and it is my intent to present our findings to City Council members to allow for an informed decision regarding this purchase. Please refer this communication and presentation to the committee of Council's choosing. Thank you. Respectfully submitted, Ryan Fairbanks, Fire Chief 14601 Madison Ave. Lakewood, OH 44107 (216) 529-6656 | www.lakewoodoh.gov 063
HWURLW YHQXH www.onelakewood. com September 10, 2025 City Council City of Lakewood 12650 Detroit Avenue Lakewood, Ohio 44107 RE: Lakewood Zoning Refresh Project (2024 – 2025) – UPDATE (Districts and Use Standards) Dear Members of City Council, Last month, the City’s Zoning Refresh Project moved through another milestone with the completion of preliminary drafts of refreshed District and Use Standards. These draft standards were informed by the preliminary recommendations report which, as reviewed during the previous update, represents the culmination of stakeholder engagement, the community survey, and existing conditions/conformity analysis work from our project consultant team at Houseal Lavigne. Prior to this update, preliminary drafts of the following three documents were worked/reviewed by both the City Administration as well as the Zoning Policy Advisory Committee (ZPAC): x Land Use Definitions x Zoning District Standards x Use Standards The intent of this communication is to provide these preliminary drafts to all members of Council with an opportunity for more detailed discussion in committee as we prepare to continue our work with: x Development and Sign Standards; and x Subdivision Standards, Zoning Procedures, and Definitions. As previously covered - all updated standards, procedures, and definitions will be worked through various steps of drafting, engagement, review, and refinement – before eventually being captured in draft legislation for Council consideration. For each step of the process - information and engagement opportunities will be published on the project website: https://lakewood-oh-zoning-hlplanning.hub.arcgis.com/ Sincerely, David Baas Assistant Director, Planning & Development PLANNING & DEVELOPMENT DEPARTMENT 064
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 1 of 10 Land Use Definitions Residential Uses A. Adult Family Home. A residence or facility that provides accommodations to three (3) to five 5) unrelated adults and provides supervision and personal care service to at least three (3) of the unrelated adults. B. Adult Group Home. A residence or facility that provides accommodations to six (6) to sixteen 16) unrelated adults and provides supervision and personal care service to at least three (3) of the unrelated adults. C. Assisted Living Facility. A staffed premises (not a one-unit dwelling) with paid or volunteer staff that provides full-time care to more than six individuals. D. Dwelling, One-Unit. As defined in Section 1306. 07( k)(4) of the Building Code of the City Code of Ordinances. E. Dwelling, Two-Unit. As defined in Section 1306. 07( k)( 7) of the Building Code of the City Code of Ordinances. F. Dwelling, Three-Unit. As defined in Section 1306. 07(k)(8) of the Building Code of the City Code of Ordinances. G. Dwelling, Four-Unit. A single detached dwelling on a lot that contains four dwelling units. H. Dwelling, Townhome. 1. Townhome Unit. A single dwelling within a townhome cluster, located on an individual lot, and sharing at least one common vertical wall with an adjacent dwelling unit. 2. Townhome Cluster. A residential building containing three or more townhome units, but not more than eight, stacked horizontally and developed as a unified structure. I. Dwelling, Multi-Family 5–12 Units. A dwelling containing 5 to 12 separate residential units, intended for occupancy by multiple families or households. J. Dwelling, Multi-Family 13+ Units. A dwelling containing 13 or more separate residential units, intended for occupancy by multiple families or households. A. Dwelling, Multi-Family Complex. A group of fouror more multi-family dwelling buildings located on a single parcel or contiguous parcels of land, operating under a common name or management, and sharing common facilities, services, or infrastructure. mmodmmo al care servial car oneone- unit dwelling) with ng) wi x individuals. x individuals 1306. 07( k)( 4) of the Bu1306. 07( k)( 4) Section 1306. 07(k)( 1306. 07( k)( 77) o) o defined in Section 1306efined in Section 1306 nit.nit. A single detached dA single detached meme.. single dwsingle dw ee 065
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 2 of 10 K. Dwelling, Multi-Family; Above Ground Floor Only. A self-contained portion of a dwelling that is above a ground floor commercial business used or designed to be used by a household, containing independent and separate sleeping, cooking and sanitary facilities intended as a permanent residence and having an independent entrance either directly from the outside of the building or through a common area inside the building. L. Dwelling, Multi-Family; Rear Ground Floor. A residential unit located on the rear portion of the ground floor in a multi-family building, typically situated behind commercial or retail uses at the front. The unit provides independent living spaces, including sleeping, cooking, and sanitary facilities, with direct access to the exterior or common areas of the building, ensuring accessibility for residents while maintaining the functionality of the building’ s front storefronts. M. Nursing Home. A public or private residential facility providing a high level of long-term personal or nursing care for persons (such as the aged or the chronically ill) who are unable to care for themselves properly. N. Roomer. One (1) or more living and/ or sleeping rooms arranged contiguously and being accessible through a single interior entrance. Such rooms have no cooking or sanitary facilities. Public and Institutional Uses A. Child Day Care. As defined under Section 5104. 01( L) of the Ohio Revised Code. B. College. An institution for post-secondary education, public or private, offering courses in general or religious education and not operated for profit. It operates in buildings owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, performing arts facilities, athletic facilities, health centers, dormitories, fraternities, sororities, and other on- campus housing, as well as associated maintenance facilities. It does not include vocational schools, online/ remote programs, or colleges/ universities operated for profit. C. Community Service Facility. A permanent, stand-alone facility designed to provide support services to individuals in need. Primary services include temporary shelter and food provision. Incidental services may include educational programs, medical care, and other forms of assistance. This definition does not encompass emergency shelters, hazard shelters, or clothing/ food donation centers, which are considered accessory uses. D. Funeral Home. An establishment for preparing the dead for burial or internment and conducting funerals (i.e. providing facilities for wakes, arranging transportation for the dead, indoor stonecutting, and selling caskets and related merchandise). Funeral Homes may include accessory Crematoriums. E. Hospital. A health care facility and related facilities that provide care, treatment, testing for physical, emotional, or mental injury, illness, or disability, and overnight boarding of patients, either on a for-profit or not-for-profit basis; but not including group homes. Hospital includes ancillary facilities such as clinical laboratories, outpatient facilities, training facilities, central services facilities, and staff offices. DR AFT ahah echronice chro ms arranged contiguousms arranged contig ch rooms havech rooms h no cookinook ion 5104. 01n 5104. 01( L) of the O( L) of the econdary education, pucondary education, pu and not operated for proand not operated administrative and facuadministrative and fa cture halls, libraries, stue halls, libraries, stu lities, health centers, dlities, health ce as well as associated mas well as associated emote programs, or cemote programs, or c Facility.Facility. ApAp needneed 066
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 3 of 10 F. Library. A public, nonprofit facility in which literary, musical, artistic, and/ or reference materials such as but not limited to books, manuscripts, computers, recordings, or films are kept for use by or loaning to patrons of the facility but are not normally offered for sale. G. Municipal Facility. A facility owned and operated by the city for public purposes, including but not limited to community centers, city hall, justice centers, municipal garages, wastewater treatment plants, fire stations, police stations, municipal parking lots, and port facilities such as the Port of Lakewood. H. Places of Worship. A facility such as a church, temple, monastery, synagogue, or mosque used for worship by a not-for-profit organization and their customary related uses, such as administrative offices, classrooms, meetings rooms, cooking and eating facilities, and dwelling units housing no more than two faith leaders. Place of worship does not include other principal uses, such as Child/ Adult Day Care Center, Cemetery, School, Entertainment Facility, or Recreation Facility. I. Public Park and Playground. An area of open space that is maintained in its natural condition or improved for outdoor recreation purposes. J. School, Elementary. A public or private institution for education or learning including athletic or recreational facilities, and offices, which does not include lodging. This institution includes any school licensed by the state and that meets the state requirements for elementary education. Elementary school is considered to generally include pre-kindergarten through fifth grades. K. School, Secondary. A public or private institution for education or learning including athletic or recreational facilities, and offices, which does not include lodging. This institution includes any school licensed by the state and that meets the state requirements for elementary education. Middle school is considered to generally include grades 6-8. L. School, High. A public or private institution for education or learning, including athletic and recreational facilities and administrative offices, but not including lodging. This institution is licensed by the state and meets the state requirements for secondary education. High schools is considered to generally include grades 9-12. M. School, Trade/ Vocational. A public or private institution for education or learning including athletic or recreational facilitiesand offices, which does not include lodging. These schools offer vocational and technical training in a variety of technical subjects and trades. Training may lead to job-specific certification. DR AFT dodo ol, Enterol, En that is maintained in itthat is maintaine titution for education oron for edu ch does not include lodgch does not inclu hat meets the state requmeets the state req onsidered to generally ind to generally i lic or private institution ic or private institution nd offices, fices, which does nwhich does n he state and that meets he state and that considered to generally considered to generally blic or private insblic or private i and adminiand admin meemee 067
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 4 of 10 Commercial Uses A. Administrative, Business, Professional and Medical Office. A non- retail, non- personal service establishment which involves the transaction or provision of financial, professional, or business services, the operation of service organizations, or the offices of health care providers. Uses include but are not limited to advertising agencies, public relations firms, offices of professional people, financial and tax services, digital media production, investment companies, business consultants, secretarial services, and similar uses not otherwise defined herein. B. Animal Clinic/ Hospital. An establishment that includes services by licensed practitioners of veterinary medicine, dentistry, or surgery for animals; boarding services for pets, daycare, and training. C. Artisan Manufacturing. A fully indoor small-scale business that produces goods or specialty foods, primarily for direct sales to consumers, such as artisan leather, glass, wood, paper, ceramic, textile and yarn products, specialty foods and baked goods. This land use includes the design, processing, fabrication, assembly, treatment and packaging of products; as well as the incidental storage, sales and distribution of such products. This land use does not include uses producing noise, odor, vibration, or similar impacts perceivable by the natural senses outside of the structure or portion of the structure where the use is located. D. Auditorium. A building or structure, or part thereof, where facilities are provided for public assembly, in connection with athletic, civic, educational, recreational, political, religious, or social events. E. Bar, Tavern, Nightclub. A business establishments that serves beer, wine, or liquor for consumption on-premises as the predominant use, and where any food service is subordinate to the sale of alcoholic beverages. F. Bed and Breakfast Establishment. Any place of lodging that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a 12-month period, is the owner’ s personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast. G. Body Art Establishment. As defined under Section 3701-9-01(H) of the Ohio Administrative Code. H. Body Piercing, Cosmetic and Medical Tattoo Establishments. 1. Body piercing. Body piercing establishment is defined as a commercial business that uses instruments to pierce a hole into a lip, naval, or other body part and inserting a ring, stud, or other ornamentation. 2. Cosmetic tattoo. Cosmetic tattoo establishment is defined as a commercial business that usestattooing techniques to provide semi-permanent cosmetics, microblading, micropigmentation, and similar personal care services and includes but is not limited to the practice of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture the skin for the purpose of permanent cosmetic restoration or enhancement of the epidermis for re-pigmentation. The use is also DR AFT tptp an leathean lea aked goods. Thaked go ent and packaging of ent and packa h products. This land uh products. This lan impacts perceivable byimpacts perceivable by cture where the use is loe where th part thereof, where facilart thereof, where f c, civic, educational, recc, educational, rec siness establishments siness establishme s as the predominant usas the predominant us beverages. beverages. st Establishment. st Establishment. Any Any a total of 20 tourists oa total of 20 touris s personal ress personal re rved to gurved to gu 068
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 5 of 10 commonly known as dermal implantation, microstroking, eyebrow embroidery, and long- time/ long-lasting makeup. 3. Medical tattoo. Medical tattoo establishment is defined as a commercial business that usestattooing techniques to restore existing medically diagnosed skin conditions or a condition resulting in surgery including but not limited to restoring the original skin color bytattooing an area to correct skin pigmentation, to conceal scarring, to correct a tissue alteration such as a lip damaged by a cleft lip, or to reconstruct a mammary areola amputated as a result of a mastectomy. I. Co-working Space. A neutral, non-exclusive, limited shared space defined in a membership- based service arrangement or agreement or subscription wherein a firm has no tenancy interest, leasehold estate, or other real property interest with respect to the accommodation on an as-needed basis. The agreement gives the firm a right to share the use of the space and may include an exclusive mailing address and office services. An executive suite/ exclusive desk/ dedicated desk/ secured suite/ private office under a co-working space agreement falls under this definition. J. General Retail, less than 5,000 sq ft. A retail or service business that sells goods or provides services directly to the consumer, whether for profit or not for profit, with a gross floor area of less than 5,000 square feet. These establishments are typically neighborhood- serving and generateminimal traffic or external impacts. Uses include: bakeries, grocery stores, book and stationery stores, apparel stores, florists, antique stores, sporting goods stores, jewelry stores, second- hand and resale stores, specialty gift stores, retail variety stores, beverage stores including liquor, film/video rental, and drug stores), printing services, shoe repair, photographic studios, tailoring and dressmaking, dry cleaning, animal grooming, and upholstery. K. General Retail, 5,000 sq ft or more. A retail or service business that sells goods or provides services directly to the consumer, whether for profit or not for profit, with a gross floor area of 5,000 square feet or more. These establishments typically serve a broader community and may generate higher volumes of customer traffic and deliveries. Uses include: supermarkets, large grocery or beverage stores, floor covering stores, and other retail or service establishments that exceed 5,000 square feet in gross floor area. L. Hotels/ Motels. An establishment providing short-term lodging for paying guests. Food services, convention hosting services, laundry services, and/ or entertainment and recreation activities may be offered. This definition does not include Bed and Breakfastestablishments or Boarding/ Lodging Houses. M. Indoor Commercial Recreation / Entertainment. An establishmentoffering recreation or providing entertainment or games of skill to the general public for a fee or charge and wholly enclosed in a building. N. Meeting/ Event Facility. A building for the: hosting of parties, meetings, banquets, and conferences, other events; viewing, partaking in, and/ or experiencing an amusement, including but not limited to movie theaters, arenas, athletic facilities, and performing arts venues; and DR AFT An exe. An e coco--working swo ervice business that selervice business that s profit or not for profit, wrofit or not fo hments are typically neigs are typ cts.cts. Uses include: bakeUses include sts, antique stores, spoantique stores, sp pecialty gift stores, retaiift stores, retai tal, and drug stores), prtal, and drug stor ng and dressmaking, drng and dressmaking, 00 sq ft or more. 00 sq ft or more. AretaiA to the consumer, whethto the consumer, whet or more. These estaor more. These e mes of custommes of custo res, floores, floo nn 069
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 6 of 10 programming, production, presentation, exhibition of any of the arts and cultural disciplines, including auditoriums, galleries, museums, and libraries. This use excludes explicit establishments. O. Instruction Studio. A small facility for individual and group instruction and training in the arts, including dance and music; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics, yoga, and similar instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment. P. Marijuana Dispensary. A person licensed pursuant to ORC 3780.15 and any other rules promulgated to sell adult use cannabis as authorized. Q. Medical Clinics/ Urgent Care Facility. A licensed walk-in medical facility that meets the criteria established by the Urgent Care Association of America and/ or the American Academy of Urgent Care Medicine. R. Museum/ Art Gallery. An institution or business where paintings, sculptures, pottery, lithography and anything of artistic expression is shownfor view or purchase. S. Personal Care and Professional Services. An establishment primarily engaged in providing individual services generally related to personal needs or cosmetic services, such as hair and nail salons, barber shops, clothing alterations, shoe repair, tattoo shops, weight loss centers, makeup services, gyms, dance studios, music and/ or art studios, and laundry services. T. Restaurant. A retail business selling ready- to-eat food and/ or beverages for on or off-premise consumption. Customers may be served from an ordering counter (i.e. cafeteria or limited service restaurant); at their tables ( full-service restaurant); and at exclusively pedestrian- oriented facilities that serve from a walk-up ordering counter (snack and/or nonalcoholic bars). To qualify as a restaurant, an establishment' s gross receipts from food and nonalcoholic beverages shall be not less than 30 percent of the total gross receipts from food, nonalcoholic beverages, and alcoholic beverages. This use may allow for drive-thru facilities, subject to the accessory use standards. U. Sexually Oriented Business. As defined in Section 2907.40(A)(15) of the State of Ohio Revised Code. V. Short Term Rental. Therental of any dwelling, in whole or in part to any person( s) for transient use for less than a continuous period of 30 days. This does not include a Bed and Breakfast use or ongoing month- to-month tenancy granted to the same renter for the same dwelling W. Smoke Shop. Any retail establishment at which twenty percent (20%) or more floor, shelf, and/ or display area(s), individually or in the aggregate, is used for the sale of Smoke Shop Products. DR AFT dical fdica rica and/ or trica a here paintings, sculpturhere paintings, sculpt showns sho for view or purcfor view or purc s. An establishment primblish personal needs or cosmersonal needs or co lterations, shoe repair, ons, shoe repair, udios, music and/ or artudios, music and/or art ss selling readyss selling rea - to- eat foeat s may be served from anmay be served from an their tables ( fulltheir tables (fu - servic hat serve from a walkhat serve from a wal - u staurant, an establishmstaurant, an establishm not less than 30 pnot less than 3 olic beveragolic beverag 070
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 7 of 10 Industrial and Automobile Uses A. Assembly and Packaging Facility. A building or site where components or materials are combined, assembled, or affixed to create finished products, which are then packaged and prepared for distribution or sale. This use may include processes such as soldering, encapsulation, labeling, and other assembly- related activities necessary to ready products for shipment. B. Building Materials and Lumber Sales Yard. A facility or site used for the processing, storage, and distribution of wood products, including lumber, timber, and other building materials. This may include activities such as sawmills, lumberyards, and storage areas for construction materials, with associated structures for loading, unloading, and processing. C. Car Wash. A building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business. D. Gasoline Service Station. An establishment that primarily sells gasoline or other types of automotive fuel, which is dispensed directly to the users of motor vehicles. It may also provide additional services such as tire pressure checks, air stations, and other services typically associated with fueling stations, but does not include car washes. X. Industrial, Heavy. A non-residential use that requires a National Pollutant Discharge Elimination System (NPDES) permit for an industrial or stormwater discharge; or that involves the use or storage of any hazardous materials or substances; or that is used for the purpose of manufacturing, assembling, finishing, cleaning, or developing any product or commodity; or that involves the mining or extraction of any minerals, ore, fossil fuels, or other materials from beneath the surface of the earth. Structures house complex operations, some of which might be continuous ( operated 24 hours a day, seven days a week). Y. Industrial, Light. A non-residential use that involves the manufacturing, assembling, finishing, cleaning, or developing any product or commodity. Facilities are typically designed to look and generate impacts like a typical office building, but rely on special power, water, or waste disposal systems for operation. Noise, odor, dust, and glare of each operation are completely confined within an enclosed building, insofar as practical. This includes medical and testing laboratories, facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Also included are laundry/ dry-cleaning plants as principal uses engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry-cleaning and garment pressing; and commercial laundries. E. Manufacturing. All activities related to the manufacture of a Compound, including planning, purchasing, manufacture, processing, compounding, storage, filling, packaging, waste disposal, labeling, leafleting, testing, quality assurance, sample retention, stability testing, release, dispatch and supply, as applicable. DR AFT or otheor ot marily sells gasoline ormarily sells gaso e users of motor vehiclee users of motor vehic ks, air stations, and othe, air stations ot include car washesude car se that requires a Nationthat requires a Nati for an industrial or storindustrial or stor ous materials or substaous materials or s inishing, cleaning, or deinishing, cleaning, o extraction of any minerextraction of any mine the earth. Structures horth. Structures ho ated 24 hours a day, sevated 24 hours a da AnonA no - residential usential use ping any productping any produ a typical oa typical o atioatio 071
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 8 of 10 F. Research and Development Facility. An establishment or indoor facility primarily engaged in scientific research, product development, engineering, product testing, or experimentation. This use does not include facilities for the manufacture or sale of products, except as incidental to the primary purpose of the laboratory. G. Self-Storage Facility. A building containing separate enclosed storage spaces of varying sizes leased or rented on an individual basis. H. Storage/ Distribution Warehouse. A facility for the storage of furniture, household goods, or other commercial goods of any nature. This use includes cold storage. It does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public; or terminal facilities for handling freight. I. Trade Service. A business that provides repair, maintenance, or technical services in support of industrial, construction, or commercial operations. J. Vehicle Sale and Leasing. An establishment which may have showrooms or open lots for selling or leasing automobiles, light trucks, motorcycles, and ATVs. K. Vehicle Services - Major Repair/ Body Work. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats, large appliances, commercial and industrial equipment, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes major repair and body work which encompasses towing, collision repair, other body work and painting services, and tire recapping. L. Vehicle Services - Minor Maintenance/ Repair. The repair, servicing, alteration, restoration, towing painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Minor facilities providing limited repair and maintenance services. Examples include car stereo and alarm system installers; detailing services; muffler and radiator shops; quick- lube services; tire and battery sales and installation ( not including recapping). A. Wholesale Trade Operation. An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. This does not include selling to the public. Examples of these establishments include agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; merchant wholesalers; stores primarily selling electrical plumbing, heating, and air conditioning supplies and equipment. M. Wireless Telecommunication Facility. A structure, including a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure, designed and constructed for the primary purpose of supporting any Federal Communications Commission DR AFT or tec or te may have showrooms omay have showr cycles, and ATVs. cycles, and ATVs. The repair, servicing, ae repair, se utomobiles, trucks, recutomobiles, tru strial equipment, and orial equipment, and nd retail sale of vehicle ail sale of vehicle work which encompasseork which encompasse nd tire recapping. nd tire recapping. r Maintenance/ Repair. aintenance/ Repair. ing, or finishing of automing, or finishin primary use, including tprimary use, includi ssory use. Minor facilitssory use. Minor facilit car stereo and alacar stereo and a lube serviclube servic 072
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 9 of 10 licensed or authorized wireless telecommunications facility antennas and their associated facilities. Accessory Uses A. Accessory Structure. A structure that is clearly incidental to and customarily found in connection with a principal building, is located on the same parcel and serves a principal building, and is subordinate in area, extent and purpose to the principal building served. Accessory Structures include but are not limited to canopies, flag poles, detached garages, sheds, decks, patios, pergolas, and gazebos. B. Accessory Dwelling Unit. A dwelling unit located on a lot, that is incidental and subordinate to the principal dwelling. An Accessory Dwelling Unit may be detached, such as a cottage, or attached to the principal dwelling, such as an attic or basement apartment. C. Boat Storage Facility. An accessory structure or designated area on a residential lot in the Lagoon District, used for the storage of boats, boat trailers, or related equipment, either within an enclosed structure or outdoors, for the personal use of the property' s occupants. D. Boat Trailers. A trailer designed and used for transporting, launching, or storing a boat, permitted as an accessory on a residential lot in the Lagoon District for the personal use of the property' s occupants. E. Drive-Through. An accessory facility where goods or services may be obtained by motorists without leaving their vehicles. These facilities include drive-through bank teller windows, dry cleaners, fast-food restaurants, drive- through coffee, photo stores, pharmacies, Automated Teller Machines (ATMs), drive throughMarijuana pick up, etc. It does not include Gas Stations or other Vehicle Services, which are separately defined. F. Family Child Care (Type A). A Type A Family Child Care Home is a private residence where a licensed provider cares for between 7 and 12 children at one time, with a maximum of 12 if four or more children are under two years old. The provider' s own children under six are included in the total count. These homes are licensed by theOhio Department of Job and Family Servicesand must meet specific state regulations. G. Family Child Care (Type B). A Type B Family Child Care Home is a child care arrangement where a provider cares for up to six children in their personal residence. No more than three of these children can be under the age of two. The provider' s own children under the age of six are included in the total count of children. A Type B home provider is not required to be licensed if they are not receiving payment for serving families eligible for Publicly Funded Child Care PFCC). H. Home Occupation ( Type A). A business activity conducted entirely within a dwelling or permitted accessory structure by one or more residents of the property, with no customers, clients, or non- resident employees coming to the site. DR AFT ent apaent ap gnated area on agnated are railers, or related equirailers, or relate al use of the property' s oal use of the property' s d for transporting, laur transpo al lot in the Lagoon Distal lot in the Lago cility where goods or secility where goods or se These facilities includThese facilities ants, driveants, drive-- through cofthrough c drivethre throughough MarijuanaMarijuana s, which are separately s, which are sep re ( Type A). re ( T A Type A FType A F cares for between cares for betwee under two yeunder two y homehome 073
08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 10 of 10 I. Home Occupation ( Type B). A business activity conducted within a dwelling or permitted accessory structure by one or more residents of the property, which may involve on-site visits from customers or clients, and may include one non-resident employee. J. Outdoor Dining. The provision of on-site or on sidewalk outdoor seating areas by a restaurant, bar, or other use where food or beverages are served for consumption and the accessory sale of goods and products outside of a permanent structure that are clearly related to the function contained in that structure. This includes, but is not limited to, landscape materials, lawn, garden supplies, and produce. K. Outdoor Storage Yard. The storage of various materials outside of a structure, as an accessory use. This includes areas used for the outdoor storage and collection of various types of equipment, materials, or inventory, such as machinery, vehicles, landscaping supplies, and seasonal items. N. Parking Deck/ Garage. A stand-alone parking deck or garage for temporary storage of vehicles. L. Solar Energy Collection System, Canopy. A solar energy collection system consisting of elevated solar panels installed above parking lots, carports, and other paved areas. M. Solar Energy Collection System, Ground Mounted. A solar energy collection system and associated mounting hardware that is affixed to or placed upon the ground including but not limited to fixed, passive, or active tracking racking systems and located on a site with a primary use. N. Solar Energy Collection System, Roof Mounted. A solar energy collection system that is structurally mounted to the roof of a building or other permitted structure, including limited accessory equipment associated with system which may be ground mounted. O. Swimming Pool. As defined in Section 1722 of the Sanitary Code, City of Lakewood Code of Ordinances. s, s, arage for temporararage for te olar energy collection olar energy collectio ots, carports, and other ts, carports, and other nd Mountednd Mounted. . A solar e affixed to or placed upffixed to or placed acking racking systems racking systems ystem, Roof Mountedystem, Roof Mount the roof of a building oe roof of a building o associated with systemassociated wi DRAs defined in As defined in Section 074
1102 Base and Overlay Zoning Districts Standards General Provisions Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 1 of 14 TUdCiSffRi Chapter 1102. Base and Overlay Zoning Districts Standards General Provisions......................................................................................................... 1 Establishment of Zoning Districts................................................................................... 2 One- Dwelling Unit Districts............................................................................................ 3 Multi-Dwelling Unit Districts........................................................................................... 5 Non-Residential Districts............................................................................................... 7 Planned Development Districts...................................................................................... 8 Historic Preservation Overlay District ........................................................................... 10 Adaptive Reuse Overlay District.................................................................................... 13 General Provisions A. Purpose. The purpose of this Chapter is to establish the zoning districts of the City including their purpose, dimensional standards, and allowed encroachments. B. Applicability. All development and use of lands within the City’ s jurisdiction shall comply with this Chapter, based on the zoning district classification specified on the Zoning Map. C. Zoning Map. 1. The Zoning Map identifies the geographic location and boundaries of zoning districts referenced in this Chapter. 2. When a zoning district boundary is shown within a public right-of-way, it shall be interpreted as being located at the centerline of that right-of-way. This boundary shall continue to be effective at that location even if the street or right-of-way is vacated, unless the boundary is modified by a duly adopted amending ordinance. 3. If a zoning district boundary is not located within a street, alley, or other public way and is not clearly defined by specific measurements from known reference points, and the Zoning Map shows the boundary as aligning with a lot line, then that lot line shall be considered the district boundary. DR AFT visionsvisions RARA of this Chapter is to estof this Chapte ensional standards, andensional standards, development and usdevelopment an on the zoning don the zoning 075
1102 Base and Overlay Zoning Districts Standards Establishment of Zoning Districts Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 2 of 14 TUdCiSffRi D. Building Line Map. The Building Line Map shows the location and boundaries of building lines and is an integral part of this Zoning Code. Establishment of Zoning Districts A. Base Districts. A base zoning district prescribes a basic set of uniform development regulations for a defined geographic area. Table ####: Base Districts RS RS1 - Residential, One Dwelling Unit, Low- Density District RS2- Residential, One Dwelling Unit; Medium Density District RS3 - Residential, One Dwelling Unit; High Density District LResidential, LagoonDistrict RM RM1- Residential, Mixed Housing; Low-Moderate Density District RM2 - Residential, Mixed Housing; Moderate Density District MD Residential, Multi- DwellingUnits District C1 Central Business District C2 Retail Commercial District C3 General CommercialDistrict M Municipal District I Industrial District PD Major Planned Development District B. Overlay District. An overlay district prescribes an additional set of standards for regulations on properties in a defined geographic area within one or more underlying base district. The standards of the overlay district shall supersede the standards of all other applicable district types. Table ####: Overlay Districts HP-O Historic Preservation Overlay District PD- O Minor Planned Development Overlay District AR- O Adaptive Reuse Overlay DDOveDR AFT sitsit TMModerate Densioderate oderate Density Distroderate DensitTDistrict Distr FTFTt AF T DistrictstrictAFAF ictict RAned Development Distrined Development DisRARA n overlay district prescrin overlay district pr efined geographic area wefined geographic area overlay district shalloverlay district shD 076
1102 Base and Overlay Zoning Districts Standards One- Dwelling Unit Districts Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 3 of 14 TUdCiSffRi One-Dwelling Unit Districts A. Districts Purposes. 1. Residential; RS Districts. The Residential One-Dwelling Unit; Low Density (RS1) district, ResidentialOne- Dwelling Unit; Medium Density (RS2) district, and Residential One- Dwelling Unit; High Density (RS3) district are established to conserve Lakewood’ s one- dwelling unit neighborhoods. The districts support other, limited housing options that align with the community’ s goal of preserving neighborhood character, accommodating aging in place and ensuring a high quality of life for residents. 2. Residential, Lagoon (L) District. The ResidentialLagoon ( L) District is established to preserve a low-impact waterfront environment dedicated to one- dwelling unit residential living and private boat access, while prohibiting commercial boat storage, rental, sales, service, stacking systems, and fuel dispensing operations to maintain safety, environmental quality, and neighborhood character. DR AFT L) Dis( L) D ed to ed to one- dw mmercial boat stormercial bo perations pera to maintain smain aracter. aracte 077
1102 Base and Overlay Zoning Districts Standards One- Dwelling Unit Districts Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 4 of 14 TUdCiSffRi B. One- Dwelling Unit Districts Bulk and Dimensional Standards. Table #### establishes the bulk and dimensional standards for the development or the use of a lot in one-dwelling unit districts. Table ####: One- Dwelling Unit Districts Bulk and Dimensional Standards Standards RS1 RS2 RS3 L Lot Area (sq ft) (minimum) Dwelling, One- Unit 9,000 6,500 4,000 2,400 All Other Uses 9,000 6,500 4,000 2,400 Lot Width (ft) (minimum) Dwelling, One- Unit 50 45 35 25 All Other Uses 50 45 35 25 Yard Setbacks( ft) (Minimum) Front (ft) [ 1] [ 1] [ 1] [ 1] Street Side (ft) Interior Side (ft) 10 10 5 – Minimum Sum of Both Side Yards 25 20 15 – Rear (ft) 40 40 40 – Building Standards ( Maximum) Height (ft) 35 35 35 35 Principal Structure Lot Coverage, maximum (%)[ 2] 35 35 35 90 3] 80 4] 60 5] Total Impervious lot Coverage, maximum (%) 60 70 85 – Notes 1] Setback shall comply with the Building Line Map. 2] Arbors, trellises, exterior steps, fences, and living fences shall not be included in the calculation of lot coverage. 3] Standards apply to principal structureson Lagoon waterfront lots or Rocky River waterfront lots 4] Standards apply to principalstructureson non-waterfront lots of 2,500 square feet or less. On lots exceeding 2,500 square feet but less than 3,300 square feet, principal structuresshall not cover more than 2,000 square feet. 5] Standards apply to principal structures on non-waterfront lots of 3,300 square feet or more. Do principo principDRses, exterior steps, fses, exterior steDR AFT 3 TT m) T[ 1] 1] [ 1] [ 1TTTTTTTFTT10155 FTFTFTFT2020 15FTFTFT AFFT 4040 4040 AFAFAFFFAFFAFandards ( MaximumAFAFAFFF3553535AFAFAF RAF 35 RRRAAARAveragerage, 6060RRRAAARA DRDRRRll comply with the ll comply with th BuildBuilDR coverage. coverDRD 078
1102 Base and Overlay Zoning Districts Standards Multi- Dwelling Unit Districts Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 5 of 14 TUdCiSffRi C. Allowed Yard Setback Encroachments. Table #### identifies permitted encroachments to yard setback minimums that may be approved as an Administrative Adjustment ( Section ####). Table ####: Allowed Encroachments Exemption Type Standard Affected Permitted Modification / Condition Exterior Steps to Main Entrance Front Yard Setback Exterior steps serving a main entrance may encroach up to the front property line. Additions to Nonconforming Side Yards Interior Side Yard Setback Additions may align with an existing nonconforming wall if no further encroachment occurs. Patio Decks Rear Yard Setback Decks may extend into rear yards, provided a minimum 30-foot rear setback is maintained. Portable Pool Interior Side and Rear Yard Setback Portable pools may be placed closer than 5 feet with written neighbor consent. Multi-Dwelling Unit Districts A. Districts Purposes. 1. Residential, Mixed Housing (RM) Districts. a. Residential, Mixed Housing; Low-Moderate Density ( RM1) District. The Residential, Mixed Housing; Low- Moderate Density (RM1) District is established to provide for a variety of housing types within a traditional neighborhood setting. The district is intended to accommodate a moderate level of residential development that maintains the existing scale and character of surrounding areas. b. Residential, Mixed Housing; Moderate Density (RM2) District. The Residential Mixed Housing; Moderate Density (RM2) District is designed to accommodate a diverse range of housing types in proximity to commercial corridors This district serves as a transitional zone between Lakewood’ s commercial areas and the surrounding lower- density residential neighborhoods. 2. Residential, Multi-Dwelling Unit (MD) District. The Residential, Multi-Dwelling Unit( MD) District is established to accommodate high-density residential development along Lakewood’ s western lakefront and near the west branch of the Rocky River. The district is meant to accommodate higher concentrations of residents in areas with access to recreational amenities and where residential density supports nearby commercial districts and transportation corridors. DR AFT encroencro ks may extenks may rovided a minimumovided a m setback is maintainedsetback is mainTFd d tbackk Portable ptabools mama closer than 5 feloser neighbor conneiFFFT AFAFAFAFnit DistrictsDistrictsAF RAHousing ( RM) Districtusing ( RM) Districtss Mixed HousingMixed Housing; ; Low- M using; Lowusing- Moderate DModerateD housing types withinhousing types wi ccommodateccommodat e and ce and c 079
1102 Base and Overlay Zoning Districts Standards Multi- Dwelling Unit Districts Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 6 of 14 TUdCiSffRi B. Multi- Dwelling Units District Bulk and Dimensional Standards. Table #### establishes the bulk and dimensional standards for the development or the use of a lot in Multi-Dwelling Districts. Table ####: Multi-Dwelling Unit Districts Bulk and Dimensional Standards Standards RM MD RM1 RM2 Lot Area (sq ft) (minimum) Dwelling, One-Unit 4,000 4,000 – Dwelling, Two-Unit 4,000 [1] 4,000 [ 1] – Dwelling, Three- Unit 6,000 4,000 6,000 Dwelling, Four-Unit 8,000 4,000 8,000 Dwelling, Townhomes – 2,000 [2] 2,000 [2] Dwelling, Multi-Unit –– 10,000 [3] Lot Width (ft) (minimum) Dwelling, One-Unit 40 40 – Dwelling, Two-Unit 40 [1] 40 [ 1] – Dwelling, Three-Unit 50 40 50 Dwelling, Four-Unit 60 40 50 Dwelling, Townhomes – 15 [2] 20 [2] Dwelling, Multi-Unit –– 60 Yard Setbacks( ft) (Minimum) Front (ft) 20 20 20Street Side (ft) Interior Side (ft) [ 4] [ 5] 5 5 20 Minimum Sum of Both Side Yards 15 –– Rear (ft) [6] 40 40 50 Building Standards ( Maximum) Height (ft) 35 – [ 7] – [ 7] Principal Structure Lot Coverage, maximum (%) [8] 35 45 75 Total Impervious lot Coverage, maximum (%) 85 85 85 Notes 1] For lots with a shared wall, the minimum lot area and the minimum lot width shall be half of the standard required. 2] Standard shall apply per individual townhome dwelling unit. 3] A minimum of 600 square feet of lot area shall be required per dwelling unit. 4] Standard shall apply to townhome clusters. 5] Driveway standards may set setbacks from property lines. Bulk and dimensional standards apply only to buildingstructures. 6] Setback shall comply with the Building Line Map. DDDR AFT 000 000 4, 0004, T4, 0004, 0TTT2, 000000 [ 2][ 2TTTTTFTT– FTFTFTTTFTTFTminimum) FTFTFT4040 40FTFTFTFT AF 40 [ 1]1] 40 AFFFAF505AAAFFFAF6060AAAFFF RA F RARARARA RARARARARASetbacks( ft) RARARARARARARA DRRR( ft) [ 4] ( ft) [4 [ 5] DRSum of Both Side YardSum of Both Side YardDRDBuDD 080
1102 Base and Overlay Zoning Districts Standards Non- Residential Districts Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 7 of 14 TUdCiSffRi Table ####: Multi-Dwelling Unit Districts Bulk and Dimensional Standards Standards RM MD RM1 RM2 7] The Height Transition Standards ( Section ####) shall apply. 8] Arbors, trellises, exterior steps, fences, and living fences shall not be included in the calculation of lot coverage. Non-Residential Districts A. District Purposes. 1. Central Business (C1) District. The Central Business (C1) District is established to support a mix of commercial and community- oriented uses. This district aims to preserve and enhance the area's character while accommodating growth and development in response to market demands. It fosters a flexible approachto urban expansion, ensuring that new developments complement and integrate with the existing community fabric, creating vibrant and sustainable spaces for commerce and local activity. 2. Retail Commercial ( C2) District. The Retail Commercial ( C2) District is establishedto support the ongoing operation of small- scale commercial establishments. This district encourages retail uses that typically cluster together, fostering a pedestrian- friendly shopping environment. 3. General Commercial ( C3) District. The General Commercial ( C3) 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. 4. Industrial ( I) District. The Industrial ( I) District is established to support a resilient and evolving employment base by accommodating a wide range of production, innovation, and service- oriented activities in flexible, adaptable spaces. This district encourages sustainable practices, efficient use of land, and reinvestment in existing properties, while promoting compatibility with surrounding development and long-term economic vitality. 5. Municipal District (M) District. The Municipal (M) District is established to provide for the expansion, renovation, and adaptive reuse of municipal and school district- owned properties. This district is intended to support the continued functionality and growth of public facilities while facilitating improvements and ensuring that these spaces can adapt to meet changing community needs. DR AFT C1) District i( C1) D This district aims tThis district ating growth and develoating growth and de oachoach to urban expansiorban expansio with the existing commth the exist mmerce and local activimmerce and lo The RetailRetail CommercialCommercia of small- scale commerscale commer typically cluster togethtypically cluster ial (C3))DistrictDistri. The GeGe mercial uses that genermercial uses that g g areas, and may have ug areas, and may have u ctct.. The InTheIn basbas 081
1102 Base and Overlay Zoning Districts Standards Planned Development Districts Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 8 of 14 TUdCiSffRi B. Bulk and Dimensional StandardsNon- Residential Districts. Table #### establishes the bulk and dimensional standards for the development or the use of a lot in Non-Residential Districts. Table ####: Non-ResidentialDistricts Bulk and Dimensional Standards Standards C1 C2 C3 I M Lot Standards (Minimum) Lot Area (sq ft) 6,000 5,000 10,000 21,780 10,000 Lot Width (ft) 50 40 80 80 80 Yard Setbacks ( Minimum) Front (ft) [ 1] [ 1] [ 1] 50 [ 1] Street Side (ft) Interior Side (ft) – [ 2] – [ 2] 5 [2] 25 [2] 5 [2] Rear (ft) 5 [2] [ 2] 5[2] 25 [2] [ 2] Building Standards ( Maximum) Height (ft) 120 120 120 55 120 Notes 1] The front yard setback shall comply with the building line map of the City, except along Madison Avenue and Detroit Avenue, where the front yard setback shall not exceed ten feet. 2] Thesetback shall be in addition to the required transition zone landscape standard Section ####). Planned Development Districts A. District Purposes. 1. Major Planned Development ( PD) District. The Major Planned Development ( PD) District is intended to provide opportunities for large-scale, multi-phase developments thatbenefit and complement the community. This district allows for the development of site- specific zoning regulations in exchange for providing measurable benefits to the community, such as affordable housing, accessible design, promoting sustainability, creating community value, and building community partnerships. The Major PD district is designed to support the City’s long-term goals by allowing the creation of unique zoning regulations tailored to the specific needs of each development. 2. Minor Planned Development Overlay (PD-O) District. The Minor Planned Development Overlay (PD-O) District is established to support context- sensitive development that follows best practices for infill, complements the surrounding neighborhood, and provides clear community benefits, but which cannot be achieved through the strict application of the development and design standards of this Code. The PD-O district provides a process by which modifications to base district development and design standards may be approved that meet the needs and character of the site-specific features and context of the district. DR AFT 5 [ 2] 5 [ 2] T5[ 2] 5[ 2TTFT mumTTT120 5 FTFTFTTTFTTFTFTFTFTTTe building line map of thbuilding line the front yard setback snt yardFT e required transition zonrequired transitio AF RAvelopment Distrvelopment DisRARA ed Development ( PD) Ded Development ( PD) D provide opportunitiprovide opportu thethe communmmu nexchan excha 082
1102 Base and Overlay Zoning Districts Standards Planned Development Districts Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 9 of 14 TUdCiSffRi B. Major Planned Development District Standards. The standards of a Major Planned Development District shall be established per Major Planned Development process ( Section C. Minor Planned Development District Standards. 1. Relation to Base District Standards. a. A planned development, if approved, shall be applied asan overlay, and all base district designations shall be maintained. b. A planned development, if approved, may allow for modifications to the base district standards. All such modifications shall be referred to as site development allowances. c. Notwithstanding any limitations on variations which can be approved as contained elsewhere in this Code, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the planned development application and demonstrates how each site development allowance: i. Would be compatible with surrounding development; ii. Is necessary for proper development of the site; and iii. Is aligned with a minimum of one of the modification standards detailed in Section d. All approved site development allowances shall be delineated in the ordinance approving the planned development and shall be considered the standards of the planned development overlay district as it applies to the subject property. 2. Modification Standards. An applicant seeking site development allowances shall be required to justify the requests through the provision of tangible benefits to the City of Lakewood by meeting a minimum of oneof the modification standards detailed below. a. Environmentally Sustainable Design. Principal buildings in the minor planned development are designed to meet criteria for LEED Silver certification or a comparable rating under an accredited and recognized green building system approved by the Planning Commission as substantially equivalent. Certification is not required. b. Affordability. i. A minimum of 25 percent of dwellings are offered for rent or for sale at an amount no more than 30 percent of the gross annual income of households that earn no more than 80 percent of the Cuyahoga County median income as defined by the US Department of Housing and Urban Development for a minimum period of 30 years, or DR AFT as siteas si ich can be approich can b wances may be approwances may be evelopment allowance evelopment allowanc ates how each site deveates how each site deve ounding development; devel velopment of the site; apment of the site; a mum of one of the modmum of one of th development allowancelopment allowanc planned development aplanned develo evelopment overlay distevelopment overlay di StandardsStand. Anappn a thethe requestrequest g a mig a mi 083
1102 Base and Overlay Zoning Districts Standards Historic Preservation Overlay District Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 10 of 14 TUdCiSffRi ii. A minimum of 15 percent of dwellings are offered for rent or for sale at an amount no more than 30 percent of the gross annual income of households that earn no more than 60 percent of the Cuyahoga County median income as defined by the US Department of Housing and Urban Development for a minimum period of 30 years. c. Accessible Design. One-Unit dwellings and/ or townhomes which are not governed by FHA or State Accessibility regulations shall design a minimum of 20 percent of the dwelling units to meet American with Disability Act standards for accessible design. 3. Other. The applicant may propose an “other” objective for consideration which shall be aligned with the City of LakewoodCommunity Vision, as determined by the City Council. Historic Preservation Overlay District A. District Purpose. The purpose of this section is to promote the health, safety and welfare of the citizens of the City by providing for the identification, protection, enhancement, perpetuation and use of areas, places, buildings, public interior portions of buildings, structures, works of art and other objects having a special historical, community or aesthetic interest or value, so that the following objectives are reached: 1. To maintain and enhance the distinctive and/ or aesthetic character, diversity and interest of the City. 2. To safeguard the architectural integrity of the City's designated historic preservation districts (HPD) and historic properties ( HP). 3. To safeguard the heritage of the City by preserving places, sites, buildings and structures, which reflect elements of the City' s cultural, social, economic, political, architectural or archaeological heritage. 4. To seek alternatives to demolition or incompatible alterations in the HPD and to HPs before such acts are performed. 5. To afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards. B. Location of an HPD or HP. Location of an HPD or HP is limited to the C1, Central Business District, C2; RetailCommercial, C3; General Commercial, M; Municipal Districts, RS1; One- Unit Dwelling; low density, RS2 One- Unit Dwelling; medium density, RS3 One- Unit Dwelling, highdensity, RM1; Residential, Mixed Housing; Low-Moderate Density, RM2; Residential, Mixed Housing; Moderate Density, L; Lagoon District, MD; Multi-Dwelling Unit District. C. Permitted Accessory Uses. Permitted accessory uses in an HPDshall be those uses listed as accessory ( Section ####) in the underlying base zone. DDDR AFT istrict istri TTomote the health, safeomote the health cation, protection, enhacation, protection, enh gs, public interior portios, public inte aving a special historicaspecia bjectives are reached: jectives are reach stinctive and/or aesthetve and/ or aesthet ectural integrity of the Cectural integrity of the istoric properties ( HP). ric properties ( HP). e heritage of the City bye heritage of the Cit elements of the City' s elements of the City's l heritage. heritD to demDed 084
1102 Base and Overlay Zoning Districts Standards Historic Preservation Overlay District Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 11 of 14 TUdCiSffRi D. Affirmative Maintenance. Every owner, operator, or agent of any property which has been determined HPD or HP shall keep in good repair all of the exterior portions and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portion or public interior portion of such area, place, building, or structure, work of art or other object to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. Every owner, operator or agent of any property which has been determined HPD or HP shall further keep in good repair all portions of any area, place, building, public interior portion of a building, structure, work of art or other object which, if not so maintained, may cause or tend to cause such portions to deteriorate, decay, or become damaged or otherwise fall into a state of disrepair. The repair and maintenance required by this section includes, without limitation: 1. Adhering to the minimum standards of compliance with Part Thirteen of the Codified Ordinances; and 2. Structurally stabilizing each building or structure by taking all steps necessary to ensure: a. The roof is watertight; b. Gutters are properly pitched and cleared of debris; c. Downspout joints are intact; d. Drains are unobstructed; e. Windows and door frames and wood siding are in good condition; f. Masonry walls are properly tuck pointed to keep out moisture; g. The property is graded for proper water run-off; h. Vegetation is cleared from around each property; and i. Trash, debris and hazardous materials such as inflammable liquids, poisons and paints are removed from the interior of each one (1) of any area, place, building, public interior portion of any building, structure, work of art or other object on a continuous basis. 3. Exterminating or controlling pests, including termites and rodents. 4. Protecting any area, place, building, public interior portion of a building, structure, work of art or other object from moisture penetration. 5. Securing each vacant area, place, building, public interior portion of a building, structure, work of art or other object from vandalism and break-ins including, without limitation: a. First floor windows and doors must be secured; b. Plywood must be painted black or if the structure is composed of brick, a color compatible with the color of the brick; DR AFT art Thiart T by taking all steps necby taking all step eared of debris; f debris ames and wood siding ames and wood sidin are properly tuck pointeperly tuck pointe ty is graded for proper wty is graded for prope is cleared from aris cleared from dhazardd hazard hehe 085
1102 Base and Overlay Zoning Districts Standards Historic Preservation Overlay District Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 12 of 14 TUdCiSffRi c. The method used to install the plywood may not result in the destruction of the opening covered and all sashes, doors and frames must be protected or stored for future use; d. Battery- operated intrusion alarms must be installed on the first floor of each portion of any area, place, building, public interior portion of a building, structure, work of art or other object; e. Battery- operated smoke alarms must be installed on all floors of any area, place, building, public interior portion of a building, structure, work of art or other object; f. Adequate security lighting or fencing must be installed on each portion of any area, place, building, structure, work of art or other object where deemed necessary by the Commissioner. 6. Providing adequate ventilation to the interior of each vacant portion of any area, place, building, public interior portion of a building, structure, work of art or other object. 7. Securing or modifying utilities and mechanical systems for each portion of any area, place, building, public interior portion of a building, structure, work of art or other object. 8. Taking such other steps deemed necessary by the Commissioner. E. Exclusions. 1. If the forthwith demolition of a structure is required by an action authorized by the Public Safety Director of the City to protect the public health or safety, said action shall take precedence over the provisions of this section. 2. Nothing in this section shall be construed to prevent the correction of any deterioration or damage to an area, place, building, public interior portion of a building, structure, work of art or other object and restoration to its condition prior to such deterioration or damage. DR AFT erer h vacant portion of vacant po cture, work of art or othcture, work of art cal systems for each pocal systems for each po ing, structure, work of astructure cessary by the Commisessary by the Comm n of a structure is requiren of a structure is re City to protect the publicty to protect the publi e provisions of this sions of sectsect section sect shall be constrhall be cons n area, place, buildingn area, place, building ct and restoratioct and restora 086
1102 Base and Overlay Zoning Districts Standards Adaptive Reuse Overlay District Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 13 of 14 TUdCiSffRi Adaptive Reuse Overlay District A. District Purpose. The Adaptive Reuse Overlay (AR-O) District is intended to provide flexibility for the repurposing of existing buildings across various zoning districts. It allows for the integration of diverse uses, while offering modifications to certain development standards. The AR-O encourages sustainable growth and revitalization by accommodating the adaptive reuse of existing structures, particularly in areas well-served by transit and pedestrian infrastructure. B. Applicability. The AR-O may be applied toproperties in any zoning district. Properties eligible for the overlay include: a. Underutilized or vacant buildings; b. Historic buildings; c. Buildings purpose built for a use other than the primary use of the district, such as a school or place of worship in a residential district; d. Other as proposed by the applicant and approved by the City Council. C. Permitted Uses. Adaptive reuse projects within the AR- O Districtmay include the following uses: a. Residential Zones (RS1, RS2, RS3, RM1, RM2, MD). In residential districts, adaptive reuse projects may include the following uses: i. Assisted Living Facility; ii. Dwelling, Multi- Unit 5–12 Units; iii. Dwelling, Multi-Unit 13+ Units; iv. Child Day Care Center (Type A); v. Community Service Facility; vi. Place of Worship; vii. Bed and Breakfast Establishment; viii. Meeting/ Event Establishment; ix. Museum/ Art Gallery; x. Public Park and Playground; xi. School, Elementary; xii. School, Secondary; and DR AFT the primary use of the dthe primary use of t ldistrictl dist ; and approved by the Ciproved cts within the within the AR- ODistO Di 11, R, RS2S2, R, RS3S, RRM1M1, RM2 include the following usinclude the following u ed Living Facilityd Living Facilit ; welling, Multiwelling, Multi--UnitUn 5–5– 1212 elling, Multielling,-UnitUn y Care y Care 087
1102 Base and Overlay Zoning Districts Standards Adaptive Reuse Overlay District Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 14 of 14 TUdCiSffRi xiii. School, Trade/ Vocational. b. Nonresidential Zones (C-1, C-2, C-3, M, I). In nonresidentialdistricts, adaptive reuse may include the following uses. i. Assisted Living; ii. Dwelling, Multi-Unit 5–12 Units; iii. Dwelling, Multi-Unit 13+ Units; iv. Nursing Home; v. Public Park and Playground; vi. School, Elementary; vii. School, Secondary; and viii. School, Trade/ Vocational. D. Exemptions fromDevelopment Standards. The following exemptions from development standards may be approved as Administrative Adjustments after a property is designated in the AR-O district. a. Setbacks. Existing building setbacks, regardless of the base district standards, shall be considered conforming. b. Height. Existing building height, regardless of the base district standard, shall be considered conforming. c. Lot Coverage. Existing lot coverage, regardless of base district standard, shall be considered conforming. d. Parking. Minimum parking requirements may be adjusted so that existing paved area is not required to be expanded. rdsrds. . The following exemThe followin istrative Adjustments afative Adjustments a ilding setbacks, regardlilding setbacks, reg mingming. ng building height, regarng building heig conconforming. forming. ageage. Existing lot cov. Existing lot onforming. onforming. papa 088
1102 Base and Overlay Zoning Districts Standards General Provisions Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 1 of 24 TUdCiSffRi Chapter 1103. Use Standards General Provisions......................................................................................................... 1 Classification of Uses .................................................................................................... 1 Principal Use Table........................................................................................................ 3 Principal Use Supplemental Standards........................................................................... 7 Accessory Use Table.................................................................................................... 17 Accessory Use Supplemental Standards ...................................................................... 19 General Provisions A. Purpose. The purpose of this Chapter is to establish the principaland accessory uses allowed in each zoning district, including how they are regulated ( permittedand conditional use, etc.) and required supplemental standards. B. Applicability. The uses and supplemental use standards established in this Chapter shall apply to all parcels within the City of Lakewood as detailed on the City of Lakewood Zoning Map. Classification of Uses A. General Use Types. To regulate the use of land, general use types have been established. General use types provide a systematic basis for assigning land uses to appropriate categories with other similar uses. General use types classify land uses and activities based on common functional, product, or physical characteristics. 1. Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties and site conditions. 2. Where a general use definition contains a list of example uses, the list is to be considered non-inclusive. Uses shall be categorized through the Interpretation process established in Section ####. DR AFT FT AF s to establish the principto establish the pri w they are regulated ( perare regulated (per ards.ards. supplemental use standsupplemental use st the City of he City of LakewoodLakewood aa sification of Usesification of UseDRDo regulate to regulate e a sye a sy 089
1102 Base and Overlay Zoning Districts Standards Classification of Uses Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 2 of 24 TUdCiSffRi B. Qualified Uses. 1. Floor Dependent. a. If a use includes “ above ground floor only” in the title, it shall be onlyallowed on the second story or higher of a building. b. If a use does not include “ above ground floor only” in the title, it shall be allowed on all building stories. c. If a use includes “ rear ground floor only” in the title, it shall be allowed only on the rear portion of the ground floor of a commercial storefront. d. If a use does not include “ rear ground floor only” in the title, it shall be allowed on all portions of the ground floorof a commercial storefront. 2. Square Footage Dependent. a. If a use includes a qualifying statement regarding square footage, such as “less than 15,000 sq ft” the total footprint of the building in which the use may operate shall not exceed what is specified. b. If a use does not include a qualifying statement regarding square footage, the total footprint of the building in which the use may operate is not restricted, unless otherwise stated in this ordinance. 3. Public or Private Designation. a. If a use includes “ public” in the title, it shall be owned and operated by a governmental entity, non-profit organization, or other nontaxing body. b. If a use includes “ private” in the title, it shall be owned and operated by a for-profit organization or business. 2. Principal Uses. a. Allowance. i. Principal uses are allowed by district as established in Table #### Principal Uses. ii. A parcel may contain one or more principal uses. iii. A development with multiple principal uses shall include only those principal uses designated in Table #### Principal Uses as allowed in the applicable zoning district, and each principal use shall be subject to all applicable supplemental standards. b. Use Categories. i. Residential. Premises for long- term human habitation by means of ownership or rental, excluding short-term leasing or rental of less than 30 days. titletitle ont. nt. garding square footage, garding square footage uilding in which the useilding in whic lifying statement regarding statement regar which the use may operae use may oper gnationnati. es “ public” in the title, its “ public” in t profit organization, or oprofit organization, o cludes “ private” in thcludes “ private” or business. or business. 090
1102 Base and Overlay Zoning Districts Standards Principal Use Table Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 3 of 24 TUdCiSffRi ii. Public and Institutional. Premises for organizations dedicated to worship, government, arts and culture, recreation and sports, and other similar areas of public assembly in addition to uses and premises dedicated to education, social service, and health care. iii. Commercial. Premises for the commercial sale of merchandise, prepared foods, and food and drink consumption; the transaction of general business and the provision of services; and short-term human habitation, including daily and weekly rental. iv. Industrial and Automotive. Premises for the creation, assemblage, storage, and repair of items including their wholesale or retail sale in addition to uses and premises dedicated to the sale, maintenance, servicing or storage of automobiles or similar vehicles. 3. Accessory Uses. Accessory uses are allowed by district, as established in Table #### Accessory Uses, but only incidental to a legally established, conforming principal use. Principal Use Table The following shall be used in the interpretation of Table ####. A. Permitted Uses (P). Uses which are marked as “ P” in the table shall be allowed principal uses subject to all applicable regulations of this Code. B. Conditional Uses (C). Uses which are marked as “C” in the table shall require approval as a Conditional Use as detailed in Section #### prior to establishment. C. Prohibited Uses. A blank space in the table indicates that a use is prohibited D. Uses Not Listed. A use not specifically listed is prohibited unless, through the Interpretation process established in Section ####, it is determined that the use is a part of a general use type as described in Section ####. E. Supplemental Standards. If a use has supplemental standards, they are referenced in the Supplemental Standards column. Supplemental standards shall apply to the use, regardless of whether it is a permittedor conditional use. F. Overlay Districts. Uses allowed in the overlay district shall be those specified in Section ####. DR AFT icingicin istrict, as establisheistrict, as esta established, conforminestablished, confor FT AFAF tion of on of Table ####. e marked as “ P” in the ted as “P” in the ons of this ons of t Code. Code. s which are marked as “ s which are marked as DR A led in Section #### prioprio A blank space in the tablA blank space in the t AA use not specifical use not specifDin in Section ## D####.. 091
1102 Base and Overlay Zoning Districts Standards Principal Use Table Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 4 of 24 TUdCiSffRi Table ####: Principal Uses Principal Uses Supplemental Standards RS1 RS2 RS3 L RM1 RM2 MD C-1 C-2 C-3 M I RESIDENTIAL Adult Family Home #### P P P P P Adult Group Home #### P Assisted Living Facility CCCC Dwelling, One-Unit P P P P P P Dwelling, Two-Unit P P Dwelling, Three- Unit P P Dwelling, Four-Unit P P Dwelling, Townhome P P Dwelling, Multi-Unit 5–12 Units P P C C C Dwelling, Multi-Unit 13+ Units P C C C Dwelling, Multi-Unit Complex P Dwelling, Multi-Unit; Above Ground Floor Only P P P Dwelling, Multi-Unit; Rear Ground Floor P P P Nursing Home C C C C Roomer #### C C C C C C PUBLIC AND INSTITUTIONAL Child Day Care CPPP College C P P P Community Service Facility C C P P Funeral Home C P Hospital CCP Library C P P P Municipal Facility P Places of Worship #### C C C C P Public Park and Playground P P P P P P P P P P P School, Elementary P School, Secondary PPPP School, High P P P P School, Trade/ Vocational CPPC COMMERCIAL DR AFT P TTT P TTTFTFTT P FTFTFTFTFTTTFFTFTTFFFTFTFTFTFT AAFAFTFT AAFAFAFAFAFFAFAFAAAARARAARARARARARAARRARACCCCCRRRARARARARA DRRARA DRDR PUB DRDRDRRRRRDRDRDRRRDRRDRDRDRRRDRRDDDDD 092
1102 Base and Overlay Zoning Districts Standards Principal Use Table Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 5 of 24 TUdCiSffRi Table ####: Principal Uses Principal Uses Supplemental Standards RS1 RS2 RS3 L RM1 RM2 MD C-1 C-2 C-3 M I Administrative, Business, Professional and Medical Office C P P P P Animal Clinic/ Hospital #### C C Artisan Manufacturing P P P C Auditorium C P Bar, Tavern, Nightclub P P P C Bed and Breakfast Establishment #### C C C Body Art Establishment #### C C C C Body Piercing, Cosmetic and Medical Tattoo Establishments C C Co-working Space P P P General Retail, less than 5,000 sq ft C P P General Retail, 5,000 sq ft or more C C P Hotel P P P Motel P Indoor Commercial Recreation / Entertainment P P P C Meeting/ Event Facility P P P Instruction Studio P P P C Marijuana Dispensary C C C Medical Clinics/ Urgent Care Facility P P P Museum/ Art Gallery P P P C Personal Care and Professional Services #### P P P Restaurant #### P P P Sexually Oriented Business #### P P P Short Term Rental #### P P P P P P Smoke Shop C INDUSTRIAL & AUTOMOTIVE Assembly and Packaging Facility #### C P Building Materials and Lumber Sales Yard P DR AFT TTTTTTTTFTFTTFTFTFTFTFTTTFFTFTTFFFTFTFTFTFT AAFAFTFT AAAFAFAFAFAF RARAAFAF RARARARARAAAAARARAAARARARARARAAARRARAARRRARARARARAAA DRRARAA DRDRDRRRRRDRRRDRDRDRRRDRRDRDRDRRRDRRDDDDD 093
1102 Base and Overlay Zoning Districts Standards Principal Use Table Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 6 of 24 TUdCiSffRi Table ####: Principal Uses Principal Uses Supplemental Standards RS1 RS2 RS3 L RM1 RM2 MD C-1 C-2 C-3 M I Car Wash C Gasoline Service Station #### C C C Industrial, Heavy C Industrial, Light #### P Manufacturing P Marijuana Dispensary #### P Parking Deck / Garage P P P Research and Development Facility P Self-Storage Facility C C Storage/ Distribution Warehouse P Trade Service P Vehicle Sale and Leasing #### C P Vehicle Services - Major Repair/ Body Work #### C P Vehicle Services - Minor Maintenance/ Repair #### C C P Wholesale Trade Operation C Wireless Telecommunication Facility C C C C C C C C C C C C DR AFT TTTTTTTTTTTFTFTTFTFTFTFTFTTTFFTFTTFFFTFTFTFTFT AFAFTFT AFAFAFAFAFFFAAFAFFAAAFAFAFAFAF RARAAFAF RARARARARAAARRARAA C C RRRARARARARA DRDRDRDRRARRRA 094
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 7 of 24 TUdCiSffRi Principal Use Supplemental Standards A. Residential Uses. 1. Adult Family Home and Adult Group Home. An adultfamily home or an adult group home shall not be located within 1,000 feet, including a public or private right-of-way, of an existingadultfamily home or anadultgroup home. 2. Assisted Living Facility. a. Assisted Living Facility shall comply with all applicable Local, State, and Federal laws. b. Pick-up and drop-off areas shall be located at the primary entrance, designed to accommodate at least two vehicles, with direct access to the main entrance. c. The loading area shall be located at the rear or side of the facility, screened as specified in Section ####, and shall remain accessible without obstructing emergency access routes. d. Emergency vehicle access shall be provided to the facility and conform to the dimensional and clearance requirements of the Lakewood Fire Department. 3. Roomer. a. There shall be accommodations for not more than two roomers in a one- unitdwelling and one roomer per dwelling unit in a two- unit dwelling; b. There shall be only one roomer per sleeping room; c. There shall be no cooking or eating facilities in the room(s), nor shall kitchen privileges or a community kitchen be provided; d. One paved off-street parking space shall be provided in the rear yard for each roomer; e. There shall be no signs on the property advertising room(s) for rent; f. The building in which the rooms are to be let shall be a one- or two-unitdwelling and shall be the permanent residence of the person requesting the conditionally permitted use. g. Within the RM1 and RM2 districts, roomers are allowedonly in two-unit and three-unit dwellings. A. Public and Institutional Uses. 1. Place of Worship. a. The place of worship shall be used only for the purposes of the local congregation or organization and shall not be operated as or in connection with any commercial use, DR AFT ryry ss to thess to ide of the facility, sde of the fa without obstructing emwithout obstruct rovided to the facility aned to the ements of the ements of the LakewooLa odations for not more thodations for not m dwelling unit in a twodwelling unit in a two- un nly oneroomere roome per sleeslee l be no cooking or eatingl be no cooking or eati munity kitchen be provmunity kitchen be prov street parkstreet park gngn 095
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 8 of 24 TUdCiSffRi except that the renting of rooms for community service purpose ( i.e., day- care and Alcoholics Anonymous meetings) is permitted; b. No variances to the off-street parking requirements of Chapter #### shall be allowed. 2. Public Park and Playground. All public facilities located within M district shall be considered part of the Public Park and Playground use. B. Commercial Uses. 1. Administrative, Business, Professional and Medical Office. In the Multi-Dwelling Unit MD) district, administrative, business, professional and medical office may be permitted as a conditional use provided that: a. The proposed use is located only on the ground floor of the building; b. No variances are required to accommodate the proposed use; and c. The required off-street parking for all occupancies is available on the same parcel. 2. Animal Clinic/ Hospital. a. No outside animal runs, stalls, or cages shall be permitted on the lot; and b. The proposed use shall not be located in any structure housing a residential use. 3. Bed and Breakfast Establishment. a. The building in which a bed and breakfast establishment is located is a one-unit dwelling which serves as the principal residence of the applicant and is recognized as architecturally, historically or culturally significant through designation in the HP-O District; b. The owner/ operator of a bed and breakfast establishment shall live full-time on the premises. Such owner/ operator shall be the record owner of no less than fifty percent 50%) interest of the property in question; c. The architectural integrity of the structure, and arrangement of existing interior space must be maintained; d. There shall be no more than three guest rooms within a one-unit dwelling that are utilized by bed and breakfast guest(s). A guest room shall contain no less than 100 square feet of living space, not including closets, for two guests and thirty square feet for each additional guest up to a total of four guests per room; e. Bedrooms shall be an existing part of the primary residential structure and not specifically constructed or remodeled for rental purposes; DR AFT r of the bur of th e proposed use; ande proposed us pancies is available on pancies is available on or cages shall be permitcages shall be per be located in any structed in any struc lishment.lishment. hich a bed and breakfas a bed and breakfas h serves as the principah serves as the rally, historically or cultrally, historically or cu erator of a berator of a b owner/ owner/ 096
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 9 of 24 TUdCiSffRi f. Each paying guest may stay at a bed and breakfast establishment for not more than three consecutive nights at any single visit or more than a total of fourteen ( 14) nights in any given calendar year; g. Parking for all vehicles, including vehicles owned by the owner/ operator shall be in the garage or rear yard on an approved surface improved with concrete or asphalt. Buffer from residential structures shall be required, as specified in ####. h. Only one meal shall be served to each guest of the bed and breakfast establishment and that meal shall be breakfast. The sale or service of alcoholic beverages to paying guests is prohibited in a bed and breakfast establishment; i. Only one kitchen facility shall be permitted per structure for which a conditional use permit is granted to operate a bed and breakfast establishment. No cooking facilities shall be permitted in individual guest rooms nor shall guests have access to kitchen facilities for the purpose of preparing meals; j. A minimum of one full bathroom, including tub/ shower, toilet and sink, shall be required for every two guest rooms to be available for the exclusive use of bed and breakfast paying guest(s); k. Rental of the bed and breakfast establishment for special gatherings such as wedding receptions and parties shall be prohibited; l. One on-premise sign shall be permitted for each bed and breakfast establishment not to exceed two square feet in area. The sign shall not be internally illuminated. Such sign(s) shall be limited to three colors. The applicable standards of Chapter #### of the Building Code shall apply unless otherwise superseded by this section; m. No individual( s) who are nonresidents of the dwelling may be employed in the operation of a bed and breakfast establishment; n. The bed and breakfast establishment, shall within three months of commencing operation, be listed with the Ohio Bed and Breakfast Association or similar recognized listing agency; o. The building complies with all state and local laws, including but not limited to City Fire, Health, and Housing Codes and the Ohio Building Code regulations for R-1 Use Group Structures; 4. Body Art Establishment. a. The body art establishment meets all requirements regulating such establishments and services as prescribed by the Ohio Administrative Code; b. In addition to the requirements of the Ohio Administrative Code, the body art establishment shall only use single- use marking instruments, microblading pens, containers for ink, pigment or dyes, and any other equipment that is available for single DR AFT efoe fo ablishmeablish hall guests havhall gue g tub/ shower, toilet andg tub/ shower, toilet an be available for the exclavailable fo st establishment for spestablishment for sp l be prohibited; hibited; hall be permitted for eahall be permitted f re feet in area. The signre feet in area. The sig imited to three colors. Td to three colors. T e shall apply unless othe shall apply unle dual(s) who are nonresdual( s) who are nonres d breakfast estabd breakfast est akfast eakfaste 097
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 10 of 24 TUdCiSffRi use and shall not autoclave, sterilize or reuse any equipment which is available as a single-use item; c. The owner or manager of the establishment shall be a body artist as qualified under the Ohio Administrative Code with not less than three years' documentable experience within the last ten years not including any apprenticeship period. Acceptable documentation of experience shall be submitted with the application for conditional use permit and shall include but not be limited to employment records, references, and proof of ownership of another body art establishment; d. No body art establishment shall be located within 500 feet of a school, playground or park or within 2,500 feet of another body art establishment; e. The owner of the establishment shall submit proof of general liability insurance in the amount of one million dollars ($1,000,000) along with its application for conditional use permit; f. Time-limited or special- event body art establishments shall not be permitted; g. No electronic signage shall be permitted at a body art establishment and only the business name may be permitted on any signage; h. Body art establishments shall only be permitted to operate between the hours of 8:00 a.m. and 9:00 p.m.; and i. Body art establishments shall dispose of all infectious waste through a qualified contractor, no infectious waste shall be disposed of with regular waste generated by the establishment. 5. Body Piercing, Cosmetic and Medical Tattoo Establishments. a. Cosmetictattooing and medical tattooing do not include other forms of body art such as the adornment of the body with letters, images, drawings, or other illustrations and or other illustrations. b. In commercial districts, a body piercing establishment, cosmetic tattoo establishment, or medical tattoo establishment may be permitted, provided that: i. The body piercing establishment, cosmetic tattoo or medical tattoo establishment meets all requirements regulating such establishments and services as prescribed by the Ohio Administrative Code; ii. In addition to the requirements of the Ohio Administrative Code, the body piercing establishment, cosmetictattooor medicaltattooestablishment shall only use single- use marking instruments, microblading pens, containers for ink, pigment or dyes, and any other equipment that is available for single use and shall not autoclave, sterilize or reuse any equipment which is available as a single- use item; DR AFT general gene with its applicawith its a ablishments shall not bablishments shall not tted at a body art estabt a body on any signage; on any signage; ll only be permitted to obe permitted to o ents shall dispose of allents shall dispose of a ectious waste shall be dious waste shall be d ment. ent. g, Cosmetic and Medicg, Cosmetic and Medi ttooing and mettooing and m ent of the ent of the ns.ns. 098
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 11 of 24 TUdCiSffRi iii. Body artists providing body piercing, or cosmetic or medical tattooing must be qualified under the Ohio Administrative Code with not less than three years documentable experience within the last ten years not including any apprenticeship period. Acceptabledocumentation of experience shall be submitted with the application for conditional use permit and shall include but not be limited to employment records, references, and any other documentation deemed necessary to determine compliance with this section; iv. The owner of the establishment shall submit proof of general liability insurance in the amount determined necessary by the Law Director along with its application for conditional use permit; v. Body piercing, cosmetictattooor medicaltattooestablishments shall dispose of all infectious waste through a qualified contractor, no infectious waste shall be disposed of with regular waste generated by the establishment; c. Time-limited or special- event body piercing, cosmetictattoo or medical tattooestablishments shall not be permitted. Body piercing, cosmetic tattooor medical tattoo establishments shall only be permitted to operate between the hours of 6:00 a.m. and 9:00p.m. 6. Personal Careand Professional Services. Personal Care and Professional Services shall be limited to the ground floor of the structure in C1 district. 7. Restaurant. a. MD District. i. The multi- dwelling unitresidential building in which the facility is located shall have not less than 350 dwelling units unless otherwise approved by the Commission; ii. Restaurant facilities may be open to the public. iii. Restaurant facilities shall not exceed a maximum of 15,000 square feet of floor area. 8. Sexually Oriented Business. a. No Sexually Oriented Businesses may be established or operated within 500 feet of: i. A place of worship; ii. A public or private educational facility that serves persons younger than eighteen 18) years of age, including but not limited toelementary school, secondarySchool, high school, Trade/ Vocational; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school; DR AFT stablstab no infectiono in the establishmenthe establ cosmetic, cos tattoooo or or be permitted. Body pierbe permitted. Body pier only be permitted to opebe permit Servicesvices. Personal CaPersonal Ca of the structure in C1 diof the structure in C1 di ltilti-- ddwelling welling unitun residenresid DRss than ss t welling u nt facilities mnt facilities m ilitilit 099
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 12 of 24 TUdCiSffRi iii. Any property containing a “Type A” or “Type B” day- care facility as those terms are defined in Section ####. iv. Any private property containing a indoor commercial recreation / entertainment including the YMCA that regularly serves persons younger than eighteen (18) years of age; v. A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, pedestrian/ bicycle paths, wilderness areas, or other similar public land within the Citywhich is under the control, operation, or management of the City, the Board of Education, or another public entity; vi. A public library or museum that regularly serves persons younger than eighteen (18) years of age. vii. No Sexually Oriented Businesses may be established or operated on any lot within 200 feet of the centerline of the following designated economic development areas and major thoroughfares: West 117th Street, Bunts Road, Detroit Avenue, McKinley Avenue/ Larchmont Avenue, Warren Road, the intersection of Lark Street and Madison Avenue east to West 117th Street, and all commercially zoned parcels located between Fry Avenue and West 117th Street north of Detroit Avenue and all commercially zoned parcels located between Newman Avenue and West 117th Street north of Madison Avenue, known as the Berea Road/ West 117th Street Study Area; and, the intersection of Arthur Avenue and Madison Avenue west to the intersection of Wagar Avenue and Madison Avenue including Hilliard Road from Carabel Avenue west to Eldred Avenue, known as the Hilliard Triangle. viii. No Adult Cabaret, as defined in Section ####, may be established or operated within 200 feet of: a) A boundary of a residential district as defined in the Code; b) Any structure that contains a permitted or conditionally permitted residential use or a lawful non-conforming residential use as defined in the Code. ix. No Sexually Oriented Business may be established, operated or enlarged within 500 feet of another Sexually Oriented Business. b. Not more than one (1) Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented Business may not be increased. c. For the purpose of subsections ( b) and (d) of this Section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises es persons youes perso y be established or opery be established or ope lowing designated econwing designa 117th Street, Bunts Roatreet, Warren Road, the intersWarren Road, the in West 117th Street, and a117th Street, and a venue and West 117th Svenue and West 117th S d parcels located betwed parcels located Madison Avenue, knownMadison Avenue, know e intersection of Arthur ersection of Arthur on of Wagar Avenue andon of Wagar Ave el Avenue west to Eldredel Avenue west to Eldr ult Cabaret, as defiult Cabaret, as d 0 feet of: 0 feet yoyo 100
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 13 of 24 TUdCiSffRi where a Sexually Oriented Business is conducted, to the nearest property line of the premises of a use listed in Sections #### following the routes of property lines along public rights-of-way (to approximate pedestrian distances). d. For the purpose of subsection (c) of this Section, measurement shall be made in a straight line from the centerline of the street to the nearest portion of any zoning lot. e. For purposes of subsection ( e) of this Section, the distance between any two (2) Sexually Oriented Business shall be measured from the closest exterior wall of the structure in which each business is located, following f. Additional Design Standards. i. Parking for a Sexually Oriented Business shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights- of-way across from residentially zoned and/ or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter #### of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter ####. ii. Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas. iii. All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas. iv. All street side site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter #### of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential. v. Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter#### of the Ordinances. vi. Loading, unloading, trash removal, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter #### of the Ordinances. DR AFT configuconfi residentiallyresid t vehicular headligvehicular h residentially zoned andresidentially zone nd shall conform to the dnd shall conform to the lding Code and be apprding Code an nd screening shall be cening AF ary, pursuant to ry, pursuant to Ch es and primary circulatirimary circulat ere practical to minimizere practical to m ce to adjacent residentce to adjacent resid entrances intended to bnces intended to b the building which doethe building whic ever possible, to minimiever possible, to minim which may become awhich may beco ideide site andsite and BoarBoar 101
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 14 of 24 TUdCiSffRi 9. Smoke Shop. a. No Smoke Shop shall be located within 500 feet of the property line of any school, library, place of worship, playground, or park, or within 2,500 feet of another Smoke Shop. b. No two Smoke Shops shall be located within the same building or on the same lot. c. Electronic signs are prohibited. d. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. C. Industrial and Automotive Uses. 1. Assembly and Packaging Facility. a. There shallbe no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located. b. There shallbe no vibrations or noise created by the proposed use which will be transmitted to abutting properties. c. Storage of raw materials, partially finished, or unfinished products shall be entirely within the principal structure. d. The proposed use shallnot generate or cause a substantial increase of truck traffic. e. No variances to the off- street parking requirements of Section #### shall be approved. f. Where necessary, an off-street loading and unloading area will be provided pursuant to Section ####. 2. Light Industrial. g. There shallbe no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located. h. There shallbe no vibrations or noise created by the proposed use which will be transmitted to abutting properties. i. Storage of raw materials, partially finished, or unfinished products shall be entirely within the principal structure. j. The proposed use shallnot generate or cause a substantial increase of truck traffic. k. No variance( s) to the off-street parking requirements of Chapter #### shall be approved. l. Where necessary, an off-street loading and unloading area will be provided pursuant to Section #### of this Code. DR AFT ke, gas, or fumes fke, gas, or ated by the proposed usated by the proposed us ly finished, or unfinishey finished, or unfini not generate or cause anot generate or c offoff-- street parking requstreet parking requ sary, an offsary, an off-- street loadinstre D alal. . oemissio emissi dudu 102
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 15 of 24 TUdCiSffRi 3. Gasoline Service Station. a. Gasoline stations located on a corner lot shall have not less than 100 feet frontage on each of the two 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 canopy may be constructed over the pump island provided the canopy shall be no closer than fifteen (15) feet to the right-of-way. d. The only services permitted to be performed on a vehicle shall be the dispensing of fuel, oil, air, and other motor vehicle fluids. e. The location, display, or storage of rental trailers, automobiles, trucks, or other rental equipment on the premises is prohibited. f. 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. g. Except while being serviced at a pump island, no vehicles shall be parked between the pump setback line and the front or street sideproperty line. h. No junk or unlicensed motor vehicles arepermitted to remain on gasoline station property outside the principal structure for more than forty-eight (48) hours. All outdoor wiring, including electrical and telephone wiring, shall be installed underground, excluding utility services. 4. Marijuana Dispensary. a. Location. i. No marijuana dispensaries may be established or operated within 500 feet of a school, place of worship, public library, public playground, or public park in the City. ii. No marijuana dispensary may be established, operated or enlarged within one mile of another marijuana dispensary. iii. For the purpose of subsections #### of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a marijuana dispensary is conducted, to the nearest property line of the premises of a marijuana dispensary or a school, church, public library, public playground, or public park. DR AFT tomobilestomo ociated with the operatociated with the op luid), may be displayed luid), may be displayed pump island, no vehiclepump island, no ve nt orr street sidestreet side properproper otor vehicles otor vehicles areare permit principal structure for mprincipal structure fo g, including electrical acluding electrical a excluding utility service excluding utility ispensary. spe dispdisp 103
1102 Base and Overlay Zoning Districts Standards Principal Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 16 of 24 TUdCiSffRi b. Design Standards. i. Parking for a marijuana dispensary shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/ or used property. Parking areas configured such that vehicular headlights are directed toward public rights- of-way across from residentially zoned and/ or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter ####. ii. Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas. iii. All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas. iv. Marijuana dispensaries shall not have a drive-through window. v. Rules, regulations and local permitting requirements imposed on a marijuana dispensary by the City shall be interpreted in all instances to conform to the state licensing requirements for dispensaries, but in the event the City's rules, regulations and permitting requirements impose a greater obligation on a marijuana dispensary than the state licensing requirements, the local provisions shall be enforced. vi. Applicants must meet any additional criteria and fulfill any additional requirements associated with obtaining a conditional use permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit. 5. Vehicle Rental/ Leasing/ Sales. 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. DR AFT ularular s.s. ed by patrons shall beed by patrons but residentially zoned abut residentially zon potential for patrons to cpotential for patrons to c nce to adjacent residento adjacen l not have a drivenot have a drive--througth ocal permitting requiremrmitting require ty shall be interpreted inty shall be interpr ments for dispensaries, ments for dispensari d perpermitting requirememitting requireme than the state licensingthan the state licensing d.d. cants must meet any cants must meet ed with obtainied with obtain gapplicag applica prpr 104
1102 Base and Overlay Zoning Districts Standards Accessory Use Table Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 17 of 24 TUdCiSffRi 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 unavailable 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. 6. Vehicle Services (Major and Minor). a. There shallbe no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located. b. The area of the lot on which the proposed use is to be located shall be not less than 22,500 square feet. c. All activities, including cleaning, washing, and drying operations shall take place inside the principal structure. d. No merchandise may be displayed outside the principal structure. e. No unlicensed or inoperative motor vehicle shall be permitted on the property outside of the principal structure for more than forty- eight (48) hours. f. Vehicle Services - Minor Maintenance/ Repairmay be operated in conjunction with a gasoline station as a conditional use provided the proposed use complies with the requirements of this subsection #### and the requirements of Section ####. Accessory Use Table A. Permitted Uses (P). Uses which are marked as “ P” in the table shall be allowed accessory uses subject to all applicable regulations of this Code. B. Conditional Uses (C). Uses which are marked as “C” in the table shall require approval as a Conditional Use as detailed in Section #### prior to establishment. C. Prohibited Uses. A blank space in the table indicates that a use is prohibited. D. Uses Not Listed. A use not specifically listed is prohibited unless, through the Interpretation process established in Section ####, it is determined that the use is a part of a general use type as described in Section ####. E. Supplemental Standards. If a use has supplemental standards, they are referenced in the Supplemental Standards column. Supplemental standards shall apply to the use, regardless of whether it is a permitted or conditional use. DR AFT o be located shao be loca g, and drying operationsg, and drying operations ed outside the principald outside the prin e motor vehicle shall ber vehicle shall b for more than forty for more than fo - eig Minor Maintenance/ Repainor Maintenance/ Rep as a conditional use proconditional use pro DR of this of this subsecti ssory Use Tablssory Use TDRDes whiches which bleble 105
1102 Base and Overlay Zoning Districts Standards Accessory Use Table Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 18 of 24 TUdCiSffRi F. Overlay Districts. Uses allowed in the overlay district shall be those specified in Section ####. Table ####: Accessory Uses Accessory Uses Supplemental Standards RS1 RS2 RS3 L RM1 RM2 MD C-1 C-2 C-3 M I Accessory Structure P P P P P P P Accessory Dwelling Unit P P P P P Boat Storage Facility P Boat Trailers P Drive- Through C Family Child Care Type A) C C C C Family Child Care Type B) P P P P Swimming Pool or Wading Pool P P P P P P P Home Occupation Type A) P P P P P P Home Occupation Type B) C C C C P P Outdoor Dining P P P Outdoor Storage Yard P Parking Deck / Garage P P P P P P Solar Energy Collection System, Canopy P P P P P P P P P P P P Solar Energy Collection System, Ground Mounted P P P P P P P P P P P P Solar Energy Collection System, Roof Mounted P P P P P P P P P P P P DR AFT TTTTTTTP P P P TTTTTTTFFTFTTP P PFFFTFTFTFTFT AAFFTFT C CC P AAAFAFAFFFFFAAFFFAARAAFAFAFFFRARAAFF RARARARARAAARRARAARRRARARARARAAA DDRRARAA PP PP P DDDRDRDRRRRRDDRRR P DDDRDRDRDDRDDDD 106
1102 Base and Overlay Zoning Districts Standards Accessory Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 19 of 24 TUdCiSffRi Accessory Use Supplemental Standards A. Accessory Structures. 1. RS and RM1Districts. a. Accessory structures constructed of wood shall: i. RS1 or RM1Zoning Districts. Be located a minimum of three (3) feet from rear and interior side yard; ii. RS3 or RM1Zoning Districts. Be located a minimum ofeighteen ( 18) inches from any lot line. b. Accessory structures having masonry walls without openings or roof projections on a lot line side of the structure be not less than six inches from any such lot line. 2. L District. Accessory structures shall be constructed of non-combustible material equivalent to a two-hour fire rating for wall and ceiling construction and shall not be constructed within three feet of a side or rear property line. 3. MD District. a. Accessory structures constructed of wood, excluding swimming pools and decorative structures, shall be located a minimum of three (3) feet of an interior side or rear property line. b. Accessory structures having masonry walls without openings and roof projections on the property line side of the structure shall be set back from the rear property line and one (1) interior side line a minimum of two (2) feet. 4. Rear Lot Coverage. a. In the RS1, RS2, RS3, RM1, and RM2 Districts, accessory structures shall not cover more than 25% of the rear lot area. b. Accessory structures in the MD District shall not cover more than 30% of the rear lot area. B. Accessory Dwelling Unit. 1. Allowed Accessory To. An accessory dwelling unit shall be allowed accessory to a one- unit dwelling. 2. Number. One accessory dwelling shall be allowed per lot. 3. Property Owner. Either the principal dwelling or the accessory dwelling shall be occupied by the property owner for a minimum of six months per calendar year. DR AFT t openings ot ope inches from any sunches from ructed of nonructe- combustombu and ceiling constructionnd ceiling construction rear property line. property tructed of wood, excludof wood, exclud ated a minimum of threeated a minimum o ctures having masonry whaving masonry w line side of the structurline side of the str terior side line a minimuterior side line a minim age.age. RS3, RRS3, R 107
1102 Base and Overlay Zoning Districts Standards Accessory Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 20 of 24 TUdCiSffRi 4. Fire Wall Separation. Firewall separation shall be provided as required by the Building Code. 5. Detached Accessory Dwelling Units. Detached accessory dwelling units shall be located in the rear yard and shall be setback a minimum of ten (10) feet from the rear and interior side property lines. 6. Attached or Internal Dwelling Units. Accessory dwelling units that are attached or internal to the principal dwelling shall: a. Be located within the buildable area of the lot, as determined by the principal building yard setback requirements. b. Not exceed forty percent (40%) of the area of the principal dwelling, or the entirety of a basement or attic space. C. Drive-Throughs. 1. Allowed Accessory To. A drive-through may be accessory toanypermitted or conditionally permitted uses in the base district with the exception of sexually oriented businesses. 2. Alcohol Sales. The sale or offering for sale of any alcoholic beverage is prohibited via a drive-through. 3. Location. Drive- throughs, including but not limited to order boxes, display boards, stacking spaces and lanes shall be located to the interior side or rear of the building to which the drive- through is accessory. 4. Stacking. a. Stacking Lanes. Stacking lanes shall have a minimum depth of twenty (20) feet per stacking space and the following minimum lane widths: i. One lane: twelve (12) feet, ii. Two or more lanes: ten (10) feet per lane. 5. Drive-Through Display Signs. a. A drive-through shall be permitted a maximum of two display signs per stacking lane. b. The combined maximum area of the display boards shall be 80 square feet. c. Each display sign shall not exceed: i. Forty (40) square feet in area and ii. Eight (8) feet in height. DR AFT cipal dwcipal be accessory tobe accesso any pepe e exception of xception of sexually or sale of any alcoholic br sale of any alcoh cluding but not limited tcluding but not li e located to the interior e located to the inte sory. ory. LanesLan. Stacking lanesking lanes pace and the followpace and the fol welve (welve ( 1212 108
1102 Base and Overlay Zoning Districts Standards Accessory Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 21 of 24 TUdCiSffRi d. Display signs may utilize digital boards for 100 percent of the permitted display sign area. 6. Drive-throughs for financial institutions. Drive-through facilities shall be allowed as a conditional use in the C2 District only when accessory to a financial institution. D. Swimming Pool or Wading Pool. 1. Swimming pools or wading pools shall not be located in any front yard, street side yard, or interior side yard. 2. Swimming pools or wading pools shall be located a minimum of ten (10) feet to the interior side or rear property line of the lot upon which it is situated. 3. The Commissioner may grant a variance to the ten (10) foot interior side and/or rear property line requirement for portable family swimming pools provided that written consent from each abutting property owner is filed with the application for variance. 4. A Swimming Pool or Wading Pool shallmeet all requirements set forth in Section 1722 of the Sanitary Code, as specified in the City of Lakewood Code of Ordinances. E. Home Occupation, TypeA and B. 1. The home occupation may be conducted within the principal structure or within an accessory structure, provided it is located outside of the required parking areas as specified under #### of this Code. 2. The home occupation shall occupy no more than fifteen percent (15%) of the habitable floor area, as defined by the Building Code. 3. No sign or display advertising the presence of the home occupation and visible from the public right-of-way shall be permitted. 4. The home occupation shall not interfere with the off-street parking required for the principal use pursuant to Chapter####. 5. The home occupation shall not necessitate any structural alteration, any alteration to an elevation of the structure, or the installation of additional parking surfaces. 6. The home occupation shall not necessitate any variance to the Building Code. 7. The home occupation shall not generate any noise, fumes, dust, odors, or electrical interference, which may be transmitted outside the dwelling unit. 8. Goods shall not be displayed to or picked up by the customer at the site of the home occupation. DR AFT ootoot interioin ng pools provideng pools e application for variane application fo all requirements set forall requirements set for y of Lakewood Code of OLakewood onducted within the pried within the pr ed it is located outside oed it is located ou his Code. his Code. n shall occupy no moreall occupy no more ned by the Building Codned by the Build splay advertising the prsplay advertising the pr way shall be permway shall be pe on shall on shall Der 109
1102 Base and Overlay Zoning Districts Standards Accessory Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 22 of 24 TUdCiSffRi F. Outdoor Dining. 1. Principal Use. Outdoor dining shall be allowed 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. a. In a parking lot so long as: i. No more than ten percent (10%) of the required parking spaces (Section ####) are utilized, ii. The outdoor seating/ display area is directly accessible from inside the principal use to which it is accessory, and iii. The outdoor seating/ display area is surrounded by a barrier with a minimum height of three feet and maximum height of four feet. b. Within the buildable area of the lot, per Chapter 2. 2. Noise. No sound production or reproduction machine or device ( including, but not limited to musical instruments, loud- speakers, and sound amplifiers) shall be used, operated, or played in an outdoor dining area within fifty ( 50) feet of a residential use or residentially zoned property. 3. Hours of Operation. Hours of operation shall be the same as those for the principal use to which the outdoor diningarea is accessorybut shall not be permitted past 10pm. 4. Furnishings. Tables, chairs, umbrellas, and other furnishings associated with the outdoor diningarea shall be of sufficient quality design, materials, and workmanship to ensure the safety and convenience of area occupants and compatibility with adjacent uses. G. Parking Deck / Garage. A parking deck or parking garage shall comply with the yard requirements for a principal use ( Chapter 2) except that open parking decks and open garages in which vehicles are visible from the street shall follow the same setback as the principal building to which they are accessory. H. Solar Energy Collection System, Canopy. 1. Canopy solar energy collection systems are permitted over any principal or accessory parking lot. 2. The height of canopy solar energy collection systems shall not exceed the height of the principal building that the parking area serves or thirty (30) feet, whichever is greater. 3. The minimum height of solar energy collection systems shall allow clearance for emergency and service vehicles. DR AFT by a barrieby a b FT pter 2 on machine or device ( inn machine or and sound amplifiers) sund am inin fifty ( fifty (50) feet of a reset of of operation shall be theof operation shall area is accessoryarea is accessory but shb chairs, umbrellas, andirs, umbrellas, and be of sufficient quality dbe of sufficient q nvenience of area occupnvenience of area occu ragerage. A parking dengADncipal use ncipal use ( ble froble fro 110
1102 Base and Overlay Zoning Districts Standards Accessory Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 23 of 24 TUdCiSffRi I. Solar Energy Collection System, Ground Mounted. 1. Ground- mounted solar energy collection systems shall be permitted in accordance with the principal structure setbacks on the front, street sides, and any applicable accessory structure setbacks. 2. The maximum height of ground- mounted solar energy collection systems shall be 20 feet, measured from the grade at the base of the pole to the highest edge of the system. 3. The minimum clearance between the lowest point of the system and the surface on which the system is mounted shall be twelve (12) inches. 4. Ground- mounted solar energy collection systems shall be exempt from the impervious surface limits if the ground directly under the solar panel is planted with native plantings and groundcover other than turf grass. 5. All parts of the freestanding system shall be set back five ( 5) feet from the side and rear lot lines and shall not be located in an easement. 6. Sites 1-5 Acres in Area. In addition to meeting the standards in a-e above, ground mounted solar energy collection systems occupying one to fiveacres in area shall also meet the following requirements: a. Decommissioning Required. Any solar energy use that is not actively in use for twelve 12) consecutive months the operator shall decommission the operator shall have six months to fully decommission the use, including all panels, structures, accessories, and appurtenances, shall be entirely removed from the lot. b. Decommissioning Plan. Prior to receiving approval, the applicant for any solar energy use shall submit a decommissioning plan to ensure that the project is properly decommissioned, which shall include: i. Procedures for the removal of structures, debris, and cabling, including those below the soil surface, ii. Provisions for the restoration of the natural soil and vegetation, and iii. A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns, or heirs. DR AFT splans pla ack five ack fi ( 5) feet from thfeet eting the standards in ang the stan ying y one to fiveto fiv acres in red. Any solar energy ussolar energy us s the operator shall decs the operator sh mmission the use, inclummission the use, in es, shall be entirely remshall be entirely rem sioning Plansioning Plan. Prior to rePrior submit a decommissiosubmit a decommissio ssioned, which shalssioned, which s for the re for the re sursur 111
1102 Base and Overlay Zoning Districts Standards Accessory Use Supplemental Standards Text Under City Staff Review 08/ 13/2025 – For Zoning Policy Advisory Committee Review Only Prepared by Houseal Lavigne for the City of Lakewood Page 24 of 24 TUdCiSffRi J. Solar Energy Collection System, RoofMounted. 1. Roof-mounted solar energy collection systems may be located on any roof face of principal or accessory buildings. Systems should be flush mounted when possible. 2. All materials used for racking, mounts, mounting clamps, and flashings shall be of a color consistent or complimentary with the color of the roof surface to minimize visibility. 3. If mounted on a building wall, such solar awning or array shall meet encroachment standards as detailed in Section ####. 112
City of Lakewood Vendor Payments - August 2025 Vendor Number Vendor Name Purchase Order Number Fund Invoice Number Amount Description Check Date Check Number Year Month 6984 AECOM TECHNICAL SERVICES, INC. 098007 Wastewtr Coll System Fund INV# 2001045626 34,104.95 ENVIRONMENTAL AND ECOLOGI 08/ 01/ 2025 143835 2025 8 098507 INUS369347 31,323.60 BLANKET PURCHASE ORDER 08/ 29/ 2025 144078 2025 8 098672 INUS365388 23,090.71 BLANKET PURCHASE ORDER 08/ 15/ 2025 143959 2025 8 098562 ID# 179881 15,000.00 MISCELLANEOUS PROFESSIONA 08/ 15/ 2025 143963 2025 8 098684 INV# 2075052 15,427.50 MISCELLANEOUS PROFESSIONA 08/ 29/ 2025 144082 2025 8 098438 X401077 11,705.19 WATER SUPPLY, GROUNDWATER 08/01/2025 143852 2025 8 098438 X420497 11,448.94 WATER SUPPLY, GROUNDWATER 08/15/2025 143975 2025 8 098438 X445462 17,746.80 WATER SUPPLY, GROUNDWATER 08/15/2025 143975 2025 8 1488 EUTHENICS, INC. 098108 Wastewtr Coll System Fund INV# 14-10807 10,000.00 ARCHITECTURAL SERVICES, P 08/01/2025 143863 2025 8 5560 GREATER CLEVELAND REGIONAL 098654 CDBG Fund INV# 1014131 12,487.50 MISCELLANEOUS SERVICES 08/01/2025 143871 2025 8 7522 GREENMAN- PEDERSEN, INC. 098399 General Fund 7-415913 23,320.50 PROF. SERV. OTHER 08/15/2025 143987 2025 8 7835 HENSCHEN AND ASSOCIATES INC 098662 Court Special Projects INV# 20240736- 2 30,440.24 COMPUTER SOFTWARE FOR MIC 08/01/2025 143873 2025 8 7870 INTELLITECH FIRE & SECURITY INC 098637 General Fund VARIOUS 11,735.00 BLANKET PURCHASE ORDER 08/29/2025 144121 2025 8 6496 JADCO CONSTRUCTION SERVICES, INC. 098646 Wastewtr Coll System Fund INV# 1 9,000.00 BUILDING CONSTRUCTION SER 08/15/2025 143999 2025 8 098248 HOMELESSNESS 13,382.43 NON- COMPETITIVE ITEMS 08/15/2025 144009 2025 8 098248 JUNE 2025 HP 11,524.78 NON- COMPETITIVE ITEMS 08/01/2025 143886 2025 8 098258 JUNE 2025-CDBG 12,415.24 NON- COMPETITIVE ITEMS 08/ 01/ 2025 143886 2025 8 098258 PANTRY- JULY 25 11,882.11 NON- COMPETITIVE ITEMS 08/15/2025 144009 2025 8 098247 Emergency Shelter Grant ESG- HOMELESS 8,510.20 NON- COMPETITIVE ITEMS 08/15/2025 144009 2025 8 7240 LIFE FORCE MANAGEMENT, INC. 098001 General Fund LF37652 8,679.98 FINANCIAL SERVICES 08/15/2025 144015 2025 8 6849 MILLSTONE MANAGEMENT GROUP 098116 Capital Projects Fund INV# 24 31,559.59 BUILDING CONSTRUCTION SER 08/01/2025 143895 2025 8 7823 MMRC PROPERTIES LLC 098657 CDBG Fund STOREFRONT RENO 17,028.51 NON- COMPETITIVE ITEMS 08/01/2025 143896 2025 8 9999999 MUSCULAR DISTROPHY ASSOCIATION General Fund 2025 FILL BOOT 15,431.31 FIRE FILL BOOT 08/15/ 2025 144023 2025 8 7377 NEIGHBORHOOD FAMILY PRACTICE 098260 CDBG Fund 1 & 2 QTR 25,499.00 NON- COMPETITIVE ITEMS 08/01/2025 143901 2025 8 08/ 02/ 2024 PY 13,732.75 AFSCME CARE PLAN 08/ 01/ 2025 143906 2025 8 08/ 27/ 2025 PY 13,985.50 AFSCME CARE PLAN 08/ 29/ 2025 144155 2025 8 098130 INV# 69929R 49,550.00 CP. IMP. OTHER 08/ 29/ 2025 144157 2025 8 098130 69276 45,880.00 CP. IMP. OTHER 08/ 01/ 2025 143910 2025 8 098134 Wastewtr Coll System Fund INV# 69522 35,370.50 ARCHITECTURAL AND ENGINEE 08/ 15/ 2025 144032 2025 8 098134 Water Fund INV# 69522 18,255.74 ARCHITECTURAL AND ENGINEE 08/15/2025 144032 2025 8 098055 INV# 2102706 9,896.23 FUEL - GAS 08/01/2025 143914 2025 8 098055 INV# 2102707 12,062.57 AUTOMOTIVE MAINTENANCE IT 08/01/ 2025 143914 2025 8 098055 INV# 2106280 12,094.17 AUTOMOTIVE MAINTENANCE IT 08/15/ 2025 144035 2025 8 098055 INV# 2106281 9,571.03 FUEL - GAS 08/ 15/2025 144035 2025 8 098055 INV# 2109704 11,772.17 AUTOMOTIVE MAINTENANCE IT 08/29/ 2025 144159 2025 8 098055 INV# 2109705 9,682.26 FUEL - GAS 08/ 29/2025 144159 2025 8 098557 Capital Projects Fund 66497 30,454.80 MANAGEMENT SERVICES 08/15/2025 144038 2025 8 098557 CDBG Fund 66498 13,117.36 MANAGEMENT SERVICES 08/15/2025 144038 2025 8 098286 TIPCOL- 008715 15,529.57 CONT. SERV. REFUSE HAUL 08/29/2025 144162 2025 8 098286 TIPCOL- 008773 12,265.56 CONT. SERV. REFUSE HAUL 08/29/2025 144162 2025 8 7745 RODGERS INCORPORATED 098190 Winterhurst Ice Rink Fund SCOREBOARD 11,095.85 SPORTING GOODS, ATHLETIC 08/01/2025 143921 2025 8 7841 SCHERBA INDUSTRIES INC. 098658 General Fund TRAFFIX BOX PRO 13,588.62 ACCOUNTING FUNCTIONS 08/01/2025 143924 2025 8 7118 SENIOR TRANSPORTATION CONNECTION 098304 Office on Aging IIIB Fund 7313745 9,769.55 HUMAN SERVICES 08/15/2025 144042 2025 8 098363 TSC/ 229142 8,256.34 PRINTING AND RELATED SERV 08/ 15/2025 144043 2025 8 098363 UTILITY Q3 2025 35,000.00 NON- COMPETITIVE ITEMS 08/ 01/ 2025 143927 2025 8 098412 Capital Projects Fund INV# 9324 42,500.00 BUILDINGS AND STRUCTURES: 08/29/2025 144169 2025 8 098600 General Fund 9556 17,470.70 PARK, PLAYGROUND, RECREAT 08/15/ 2025 144047 2025 8 5592 STATEWIDE EMERGENCY PRODUCTS 098568 General Fund INV# 8115 20,966.00 ROAD AND HIGHWAY EQUIPMEN 08/15/2025 144048 2025 8 098274 INV# 910180335 13,931.63 WATER AND WASTEWATER TREA 08/01/2025 143941 2025 8 098274 INV# 910184330 14,028.66 WATER AND WASTEWATER TREA 08/15/2025 144061 2025 8 1466 VALLEY FORD TRUCK, INC. 098139 General Fund INV# 886188 7,835.97 R&M MOTOR VEHICLE REPAIR 08/29/2025 144184 2025 8 098319 Wastewater Treatment Fund INV# 254743 48,082.95 CONSULTING SERVICES 08/29/2025 144185 2025 8 098321 Wastewtr Coll System Fund 134038 33,183.12 RENTAL OR LEASE OF EQUIPM 08/01/2025 143943 2025 8 098653 Capital Projects Fund INV# 98106126 18,425.45 BUILDING MAINTENANCE AND 08/01/2025 143946 2025 8 098340 General Fund INV# 98159224 13,624.90 BUILDING MAINTENANCE AND 08/15/ 2025 144068 2025 8 7836 VERDANTAS LLC 6643 WEATHERPROOFING TECHNOLOGIES, INC. 7441 SNIDER RECREATION, INC. 5978 USALCO, LLC Wastewater Treatment Fund 6862 QUASAR ENERGY GROUP Wastewater Treatment Fund 161 SHAMROCK COMPANIES, INC Water Fund 2832 PETROLEUM TRADERS CORP. SCMR Fund 898 QUALITY CONTROL INSPEC., INC. 838 OHIO AFSCME CARE PLAN Hospitalization Fund 5478 OSBORN ENGINEERING COMPANY Capital Projects Fund 5634 CORE & MAIN Water Fund 2413 LAKEWOOD COMMUNITY ARP Local Fiscal Recovery CDBG Fund 7176 AXON ENTERPRISE, INC. General Fund 4815 BRICKER & GRAYDON LLP General Fund 113
i i } Whio Department of Yy Commerce com.ohio.gov eye Division of Liquor Control Mike DeWine, Governor Jim Tressel, Lt. Governor Sherry Maxfield, Director NOTICE TO LEGISLATIVE AUTHORITY 10006128-1 TRFO Humble Origins LLC PERMIT NUMBER TYPE 15400 Detroit Avenue Lakewood OH 44107 ISSUE DATE 7122/2025 Muni/Village/Twp: Lakewood FILING DATE PERMIT CLASSES TAX DISTRICT RECEIPT NO FROM 8/14/2025 02714233-1 PERMIT NUMBER 15400 DETROIT LLC 15400 DETROIT AVE ISSUE DATE LAKEWOOD OH 44107 FILING DATE Muni/Village/Twp: Lakewood PERMIT CLASSES TAX DISTRICT RECEIPT NO MAILED RESPONSES MUST BE POSTMARKED NO LATER THAN / GAORS IMPORTANT NOTICE OFT, ADA PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER/OR NOT THERE IS A REQUEST FOR A HEARING. REFER TO THIS NUMBER IN ALL INQUIRIES: OcT__TRFO _10006128-1 (TRANSACTION & NUMBER) (MUST MARK ONE OF THE FOLLOWING) WE REQUEST A HEARING ON THE ADVISABILITY OF ISSUING THE PERMIT AND REQUEST THAT THE HEARING BE HELD C] INOUR COUNTY SEAT IN COLUMBUS WE DO NOT REQUEST AHEARING (© DID YOU MARK A BOX? IF NOT, THIS WILL BE CONSIDERED ALATE RESPONSE. PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE: (Signature) (Title) - Clerk of County Commissioner (Date) Clerk of City Council Township Fiscal Officer CLERK OF LAKEWOOD CITY COUNCIL 12650 DETROIT AV LAKEWOOD OH 44107 6606 Tussing Road 614 | 644-2360 Reynoldsburg, OH 43068 U.S.A. The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services com.ohio.gov 114