For the purpose of regulating the location of trades, industries, residential houses and other uses of property, the number of square feet of lot area per family housed, the width of lots, the location and size of yards and the alignment of buildings upon street frontages, the City is hereby divided into the following classes of use districts, termed respectively:

Class

U-1 or Single-Family Residential District

Class

U-2A or Attached Single-Family Residential District

Class

U-3 or Multi-Family Residential District

Class

U-3A or High-Rise Apartment District

Class

U-3C or Planned Multi-Family Residential District

Class

U-4A or Integrated Business District

Class

U-4B or Shopping Center District

Class

U-4C or Integrated Mixed-Use District

Class

U-5 or Public and Institutional District

Class

U-7A or General Office Building District

Class

U-8 or Industrial and Office Mixed-Use District

Class

U-8A or Office Building and Research District

Class

U-9 or Motor Service District

Class

U-10 or Planned Mixed-Use Development District

(Ord. 2018-94. Passed 10-21-19; Ord. No. 2022-41, § 1 (Exh. A), 11-21-22)

For the purpose of this Code, the various uses to which buildings and premises can be devoted are divided into groups, classes and subdivisions as set forth in the following classification. These uses, hereinafter classified as Class U-1, Class U-2A, Class U-3, Class U-3A, Class U-3C, Class U-4A, Class U-4B, Class U-5, Class U-7A, Class U-8, Class U-8A, Class U-9 and Class U-10, are permitted under regulations herein set forth in the respective use districts allotted to such uses.

(a)

Class U-1 Uses.

(1)

Single-Family Dwellings.

(2)

Residential Care Facilities as defined in Section 1101.347 and subject to the provisions of Section 1155.07.

(b)

Class U-2A Uses.

(1)

Attached Single-Family Dwellings.

(c)

Class U-3 Uses.

(1)

Multi-Family Dwellings.

(d)

Class U-3A Uses.

(1)

High-rise Multi-Family Dwellings.

(e)

Class U-3C Uses.

(1)

Multi-Family Dwellings.

(f)

Class U-4A Uses.

(1)

Stores selling commodities at retail such as, but not necessarily limited to:

A.

Groceries; supermarkets; bakeries; delicatessens. Such uses may be permitted curbside pickup provided that they first obtain a site development plan approval. The number of spaces dedicated for curbside pickup shall be as authorized on the approved site development plan.

B.

Restaurants; Restaurants may be permitted outdoor dining areas and/or curbside pickup provided that they first obtain a site development plan approval. The number of outdoor seats and/or spaces dedicated for curbside pickup shall be as authorized on the approved site development plan.

C.

Drug stores.

D.

Wearing apparel stores.

E.

Variety stores.

F.

Paint and wallpaper; hardware stores.

G.

Furniture; household appliances; draperies; floor coverings.

H.

Electronic appliances.

I.

Florist; gift; jewelry; sporting goods stores.

(2)

Service establishments such as, but not necessarily limited to:

A.

Barbers; beauty shops; nail salons.

B.

Dry cleaning; laundries; tailor shops.

C.

Appliance repair.

D.

Banks and other financial institutions.

E.

Exercise and training facilities.

F.

Private schools and colleges.

G.

Dance studios; photographic studios.

H.

Printing shops; copy centers.

I.

Child Day Care Centers pursuant to Section 1155.02.

J.

Adult Day Care Centers pursuant to Section 1155.03.

K.

Indoor recreation and athletic facilities,

L.

Day spas; tanning salons; and massage therapy.

(3)

Offices including medical offices.

(4)

Hotels.

(5)

Multi-Family Dwellings above the first floor with a conditional use permit.

(6)

Banks and drug stores may be permitted accessory drive-thru, drive-up, or pickup arrangements and facilities provided they first obtain a conditional use permit.

(g)

Class U-4B Uses.

(1)

Shopping centers.

(h)

Class U-4C Uses.

(1)

Stores selling commodities at retail such as, but not necessarily limited to:

A.

Specialty groceries; bodegas; farmers markets (per Code Sec. 1155.04). Such uses may include curbside pickup as shown on the site development plan including areas or parking spaces dedicated for curbside pickup.

B.

Restaurants; bars; coffee houses; delicatessens; bakeries; food courts; buffets; food halls; including outdoor dining areas and/or curbside pickup as shown on the site development plan.

C.

Apparel stores.

D.

Variety stores.

E.

Boutique home good and decor stores.

F.

Florist; gift; candles; jewelry; sporting goods stores.

G.

Specialty retail sales and showrooms; interior decorating and design services.

H.

Business services.

I.

Personal services.

J.

Entertainment, amusement, and arcades, including those that function as restaurants or bars and contain bowling, video games and similar uses.

(2)

Service establishments such as, but not necessarily limited to:

A.

Barbers; beauty shops, and nail salons.

B.

Dry cleaning; laundries; tailor shops.

C.

Indoor and outdoor fitness facilities.

D.

Day spas, health spa, tanning salons, and massage therapy.

E.

Dance studios and exercise and training facilities.

F.

Art studios and galleries.

G.

Pet care facilities.

(3)

Offices including professional, administrative, executive, sales, governmental, utility, medical offices, and related facilities.

(4)

Multi-family dwellings.

(5)

Parks and recreation facilities.

(6)

Hotels.

(7)

Banks.

(8)

Event and recreational spaces for on-site tenants (both residential and retail/office/commercial) and rental to non-tenants, including for parties, concerts, events, business shows, and similar uses at a capacity that is supported by on-site parking; or for events beyond the capacity of on-site parking based on permission from adjacent property owners to park on their property.

(9)

Additional uses and/or future uses that are compatible with those listed above.

(i)

Class U-5 Uses.

(1)

Governmental facilities.

(2)

Parks and public recreation facilities.

(3)

Public and private schools and colleges.

(4)

Nursing homes.

(5)

Places of worship.

(6)

Libraries.

(7)

Museums.

(8)

Community Centers.

(j)

Class U-7A Uses.

(1)

Professional, administrative, executive, sales (without samples and merchandising services), governmental and public utility offices.

(2)

Services of a limited nature such as beauty and barber shops, photographic developing and blueprinting.

(3)

Telephone exchanges.

(4)

Child day care centers pursuant to Section 1155.02.

(5)

Adult day care centers pursuant to Section 1155.03.

(6)

Licensed health care facilities with a conditional use permit.

(7)

Professional medical offices.

(8)

Banks and other financial institutions.

(9)

Restaurants; Restaurants may be permitted outdoor dining areas and/or curbside pickup provided that they first obtain a site development plan approval. The number of outdoor seats and/or spaces dedicated for curbside pickup shall be as authorized on the approved site development plan.

(10)

Multi-Family dwellings above the first floor with a conditional use permit.

(k)

Class U-8 Uses.

(1)

Professional, administrative, executive, and sales offices.

(2)

Professional medical offices.

(3)

Licensed health care facilities.

(4)

Research and development laboratories and testing facilities.

(5)

Wholesale and retail businesses and showrooms.

(6)

Retail sales associated with wholesale businesses and showrooms, interior decorating, and design services, or with articles or goods created, manufactured, or assembled on the premises.

(7)

Storage and distribution of finished or packaged goods subject to the provisions of Section 1129.07.

(8)

Light manufacturing, fabrication, and assembly operations.

(9)

Business services.

(10)

Personal services.

(11)

Printing; publishing; engraving.

(12)

Photographic studios, sales, and processing.

(13)

Copy, blueprinting and reproduction services.

(14)

Interior decorating and design services and facilities.

(15)

Postal facilities and package delivery services.

(16)

Public utility facilities.

(17)

Municipal facilities.

(18)

Financial institutions.

(19)

Child day care centers pursuant to Section 1155.02.

(20)

Adult day care centers pursuant to Section 1155.03.

(21)

Dance studios.

(22)

Recording and broadcast studios.

(23)

Art studios and galleries.

(24)

Athletic facilities, fitness centers, and health spas eight thousand (8,000) square feet or less.

(25)

The following uses may be permitted with a conditional use permit:

A.

Schools and training facilities.

B.

Athletic facilities, fitness centers, and health spas greater than eight thousand (8,000) square feet.

C.

Licensed health care facilities.

D.

Restaurants provided, however, that no such use shall be established on a site requiring a parking variance to accommodate said use. Restaurants may be permitted curbside pickup. The number of spaces dedicated for pickup shall be as authorized in the conditional use permit.

E.

Daily and overnight pet care facilities provided that such facilities meet the following criteria:

1.

The maximum number of pet lodging units shall not exceed one (1) per each one hundred (100) square feet of gross floor area of the first floor of the building.

2.

Runoff from all lodging units and exercise areas shall be directed to the sanitary sewer system and not the storm sewer system.

3.

An outdoor exercise and relief area shall be provided which shall contain a minimum of one thousand two hundred (1,200) square feet and shall be enclosed with an opaque fence eight feet (8') in height.

4.

No animals shall be permitted outdoors between the hours of 10:00 p.m. and 6:00 a.m.

5.

Wastes shall be controlled and collected on site and shall be properly removed at least two (2) times per week.

6.

There shall be no noise from animals measurable beyond the property boundary lines.

7.

There shall be a minimum of two (2) employees on site at all times.

8.

Parking spaces shall be provided at the rate of five (5) spaces plus one (1) space for each ten (10) lodging units at maximum capacity.

9.

The maximum number of daily or day care animals shall not exceed fifty percent (50%) of the approved number of lodging units.

10.

There shall be no grooming other than of pets which are being lodged for overnight stays.

11.

There shall be no retail sales of pet supplies or products.

12.

There shall be no pet training classes conducted on the premises.

13.

The use shall not be so located as to have an adverse impact on the use, reuse, and/or redevelopment of any other property in the District.

F.

Veterinary hospitals and clinics.

G.

Multi-family residences provided that no dwelling units shall be located on the first or ground floor.

(l)

Class U-8A Uses.

(1)

Professional, administrative, executive, governmental and public utility offices.

(2)

Licensed health care facilities with a conditional use permit.

(3)

Professional medical offices.

(4)

Research and development laboratories or testing offices.

(5)

Wholesale offices and showrooms.

(6)

Manufacturing and assembling as permitted in Class U-8.

(7)

Child day care centers pursuant to Section 1155.02.

(8)

Adult day care centers pursuant to Section 1155.03.

(m)

Class U-9 Uses.

(1)

Gasoline service station limited to sites with frontage on Chagrin Boulevard only.

(2)

Motels and hotels.

(3)

Restaurants: Restaurants may be permitted outdoor dining areas and/or curbside pickup provided that they first obtain a site development plan approval. The number of outdoor seats and/or spaces dedicated for curbside pickup shall be as authorized on the approved site development plan.

(4)

Automobile agencies limited to sites with frontage on Chagrin Boulevard, Central Parkway, and Orange Place only.

(5)

Banks.

(6)

Office buildings.

(7)

Child day care centers pursuant to Section 1155.02.

(8)

Adult day care centers pursuant to Section 1155.03.

(9)

Licensed health care facilities with a conditional use permit.

(10)

Professional medical offices.

(n)

Class U-10 Uses.

(1)

Office buildings.

(2)

Licensed health care facilities with a conditional use permit.

(3)

Professional medical offices.

(4)

Motels and hotels.

(5)

Restaurants; restaurants may be permitted outdoor dining areas and/or curbside pickup provided that they first obtain a site development plan approval. The number of outdoor seats and/or spaces dedicated for curbside pickup shall be as authorized on the approved site development plan.

(6)

Research and development facilities.

(7)

Child day care centers pursuant to Section 1155.02.

(8)

Municipal facilities.

(Ord. 2011-170. Passed 3-19-12.; Ord. 2018-94. Passed 10-21-19; Ord. No. 2022-41, § 1 (Exh. A), 11-21-22; Ord. No. 2022-22. Passed 3-21-22; Ord. No. 2022-88. Passed 9-19-22; Ord. No. 2022-41. Passed 11-21-22; Ord. No. 2023-11. Passed 9-5-23)

(a)

The following uses shall be prohibited in any use district:

(1)

Billboards and advertising devices except signs advertising premises for sale, lease or rent, upon which premises such sign is located, or for advertising the business conducted in the building upon which such sign is placed.

(2)

Garbage, dead animals or offal disposal or reduction plant.

(3)

Slaughtering of fowls and/or animals.

(4)

Crematories, mortuaries (funeral homes).

(5)

Penal and correctional institutions.

(6)

Lumber, coal or building supply yards.

(7)

Scrap iron or junk storage, scrap paper or rag storage or baling, junk or used automobile yard or storage.

(8)

Manufacturing or other business, which by reason of noise, smoke, vibration, odor or its inherent nature may constitute or may threaten to become a public nuisance or may endanger the public health, safety and general welfare.

(9)

Motor freight depot.

(10)

Trailer camp or park.

(11)

Used car lot or used car sales, except in conjunction with an automobile sales agency selling new automobiles.

(12)

Drive-in theaters.

(13)

Restaurants with drive-thru facilities

(14)

The sale of firearms and/or ammunition in any residential zoning district, provided however, that any person who has established a legal nonconforming use to sell firearms and/or ammunition prior to the effective date of this provision may continue to sell firearms and/or ammunitions provided that they maintain all applicable State and Federal permits and licenses. The nonconforming use may not be increased, enlarged, expanded, moved to another residential location, or transferred to another individual.

(15)

Retail medical marijuana facilities, provided however, that licensed health care facilities may dispense medical marijuana as authorized by the State of Ohio.

(16)

Cultivation and/or processing of marijuana.

(Ord. 2018-94. Passed 10-21-19)

In a Class U-1 District, no building or premises shall be used, and no building shall be erected which is designed, constructed or used, for any purpose other than a single-family detached dwelling, occupied and used by one (1) family as defined in Section 1101.22, or a residential care facility as set forth herein.

(Ord. 2018-94. Passed 10-21-19; Ord. No. 2023-11, Passed 9-5-23)

An accessory use is permitted in a Class U-1 District, provided that such accessory use is located upon the same lot or use to which it is accessory.

(a)

Garages. Each dwelling shall have an enclosed garage space for at least one (1) vehicle, but the total garage floor area for any dwelling shall not exceed one thousand fifty (1,050) square feet of gross floor area.

(b)

Home Occupations. Home occupations are permitted for professional and business offices where each person employed in such business or profession actually resides at the residence. Such business or professional office shall not have any signage. No residence may be used as a store, trade or business for the sale or storage of any merchandise or other property declared unlawful by the laws of the United States, the State and/or the City. The sale of personal furniture and furnishings owned and used by the occupants may be sold as is otherwise regulated by City ordinance.

(c)

Parking. The parking or storage of any truck, bus or other commercial vehicle is prohibited unless the vehicle is in actual use, performing a service or delivering or picking up merchandise or persons from the property, or unless such vehicle is parked entirely within an enclosed accessory garage located on the same lot as the residence. Motor vehicles shall be parked only within an enclosed garage or on a paved driveway. A motor vehicle which is not capable of operation on a public street or highway shall not be parked or permitted to remain outside of an enclosed garage.

(d)

Roomers. Each residence may rent not more than one (1) bedroom to not more than two (2) persons as roomers.

(e)

Accessory Recreation Structures. Accessory recreation structures, such as children's play equipment and fenced courts, may be permitted provided such accessory recreation structures:

(1)

Are located in the rear yard behind the principal building;

(2)

Are located a minimum of ten feet (10') from the rear lot line;

(3)

Comply with the side yard setbacks contained in Section 1113.05.

Tree houses and accessory recreation structures are not included in the definition of "building" or "structure" as set forth in Section 1101.07.

(Ord. 2018-94. Passed 10-21-19)

In a Class U-1 District, every building erected shall have a rear yard. The least dimension of such rear yard shall be thirty percent (30%) of the average depth of the lot, but such least dimension need not be more than forty feet (40'), provided such least dimension shall be in no case less than one-half (½) of the height of the building. Decks and similar unenclosed structures, or portions thereof, may extend into said rear yards, but no such structure shall extend closer to the rear lot line than a least dimension of twenty percent (20%) of the average depth of the lot.

Twenty-five percent (25%) of the area of such yard may be occupied by a one-story accessory building not more than fifteen feet (15') in height. On a corner lot the rear line of which is identical with the side line of an interior lot, no accessory building, if detached from the main building, shall be erected within twenty-five feet (25') of any street line or within ten feet (10') of the rear lot line. Accessory buildings on interior lots shall be located a minimum of five feet (5') from the rear lot line.

(Ord. 2018-94. Passed 10-21-19)

On any street frontage in a Class U-1 District, the location of the building line shall be as follows:

(a)

On a street frontage other than the side line of a corner lot, the distance of the building line back from the street right-of-way line shall be twenty percent (20%) of the average depth of the lot or thirty-five feet (35') whichever is greater.

(b)

In a Class U-1 District along the side line of a corner lot, the distance of the building line back from the street right-of-way line shall be twenty percent (20%) of the average width of such lot, or twenty feet (20') whichever is greater.

(Ord. 2018-94. Passed 10-21-19)

Side yards are required in Single-Family House Districts as follows:

Building permits shall be issued wherever possible to alternate minimum side yards to avoid abutting minimum side yards.

(Ord. 2018-94. Passed 10-21-19)

(a)

Purpose and Intent. House size regulations are established to ensure long-term compatibility within neighborhoods, preserve and protect residential property values, balance the size and bulk of housing with available lot area, avoid over building of residential lots, and provide appropriate housing opportunities within the City.

(b)

Minimum Floor Area. Each house shall have a minimum gross floor area excluding basements, as defined in Section 1101.05, based upon the area district in which it is located as set forth herein:

A-1 Area Districts 2,400 Square Feet

A-2 Area Districts 1,800 Square Feet

(c)

Maximum Floor Area. Each house shall have a maximum gross floor area excluding basements, as defined in Section 1101.05, in accordance with the following table:

For purposes of compliance with this section, buildable area shall be that portion of a lot behind the required front, side and rear set-back lines for the use district within which a building may be constructed in conformance with this chapter. All required yards shall be deducted from the lot area to determine the buildable area.

(Ord. 2018-94. Passed 10-21-19)

(a)

There shall be no parking or storage of any motor vehicle in a side or rear yard or in front of any building setback line except upon an approved driveway or apron. No commercial vehicle shall be parked or stored on an unenclosed portion of a residentially zoned property except as specifically authorized in Section 452.14 of the Traffic Code.

(b)

No commercial materials or equipment shall be stored on the exterior area of any residentially zoned property.

(c)

The following building features may extend not more than twenty-four inches (24") into any front, side, or rear yard setback:

(1)

Cornices, canopies, eaves, overhangs and similar features;

(2)

Chimneys;

(3)

Bow windows, bay windows, and similar features.

(d)

Steps from required exit doors may extend not more than three feet (3') into any required front, side, or rear yard setback.

(e)

Accessibility ramps for disabled persons which meet Americans with Disabilities Act guidelines may extend into required front, side or rear yard setbacks subject to a determination by the Building Commissioner that the design of such facilities is reasonable and constitutes the least possible intrusion into the required setback. Such structures shall be considered temporary and any permit issued by the Building Commissioner shall contain a written agreement by the applicant to remove same upon termination of the accessibility need.

(Ord. 2018-94. Passed 10-21-19)

Each dwelling shall have a maximum height of thirty-five feet (35').

(Ord. 2018-94. Passed 10-21-19)

In lieu of compliance with the standard provisions of Sections 1113.03 through 1113.08 hereof, property owners in a Class U-1 Single-Family House District may choose to design and develop a group of single-family detached dwellings as a cluster development in conformance with the provisions of Chapter 1114. Where duly approved by the Commission pursuant to the provisions of Chapter 1114, the cluster development plan and standards shall apply and take precedence over the provisions of Sections 1113.01 through 1113.08.

(Ord. 2018-94. Passed 10-21-19)

The cluster development alternate is intended to encourage the use of free and irregular yard patterns between dwellings and without uniform relation to the street pattern. The purpose is to promote the general public welfare, encourage the efficient use of land and resources, promote greater efficiency in the provision of public services and utilities, and encourage innovation in the planning and building of developments by providing opportunities for creative design and planning of developments using more flexible zoning guidelines and site design criteria than permitted under traditional district regulations.

The suspension of traditional zoning provisions within cluster developments is intended to encourage creative, high quality site design practices in the development of residential areas, promote harmony and integration with existing developments, protect adjoining properties from adverse impacts, promote safe and efficient pedestrian and vehicular movement, promote efficient layout of infrastructure, and create attractive and useful private spaces.

(Ord. 2018-94. Passed 10-21-19)

The following criteria shall govern the establishment of any cluster development within a U-1 District:

(a)

No cluster development shall be established except subsequent to an application by the property owner requesting that the land be subject to these special provisions.

(b)

The layout shall be designed to create an orderly arrangement compatible with the landscape and topography of the area.

(c)

Each cluster development shall be developed in conformance with an approved site development plan which has been reviewed and approved in accordance with the provisions set forth herein.

(d)

The minimum area to qualify for a cluster development shall not be less than two (2) contiguous acres.

(Ord. 2018-94. Passed 10-21-19)

Within a cluster development, no building or premises shall be used, and no building shall be erected which is designed, constructed or used, for any purpose other than single-family uses specifically enumerated as permitted, conditionally permitted, or accessory within Class U-1 Districts as set forth in Sections 1113.01, 1113.02, and 1111.02(a) and further provided that each such use is identified on and approved as part of the development plan.

(Ord. 2018-94. Passed 10-21-19)

The following shall apply to all cluster developments:

(a)

Maximum Density. The maximum density of dwelling units shall be as set forth on the approved development plan provided, however, that the density of the entire development area shall not exceed three and one half (3 ½) dwelling units per acre on land zoned U-1 A-1 and five (5) dwelling units per acre on land zoned U-1 A-2.

(b)

Minimum Floor Area. As set forth in Section 1113.06 of the Code.

(c)

Maximum Height. Each dwelling shall have a maximum height of thirty-five feet (35'), however, the Commission and the Architectural Board of Review may authorize additional height based on the proximity to existing housing.

(d)

Setbacks and Separations. Building setbacks and separations shall be established on the approved final development plan. In establishing said separations the Commission shall consider the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy-efficient siting, and the relationships of building sites to circulation patterns. In no instance shall the established setbacks and/or separations be less than the following:

(1)

No building or parking area shall be located closer to the right-of-way line of an existing public street than fifty feet (50') in a U-1 A-l District and forty feet (40') in a U-1 A-2 District. Landscape features and structures such as walls, fences, hedges, lighting, development signs, etc. may be incorporated within the minimum front setback distance for said street with the approval of the Commission.

(2)

No building or structure shall be located closer than forty feet (40') to any perimeter property line of the cluster development provided, however, decks, patios, and similar unenclosed structural elements may extend to within thirty feet (30') of the property line.

(3)

No building or structure shall be located closer than twenty-five feet (25') from the right-of-way line of any new public street constructed as part of the cluster development or the edge of pavement of any private street constructed as part of the cluster development.

(4)

The minimum side wall to side wall distance between buildings within a cluster development shall be fifteen feet (15').

(5)

The minimum rear wall to rear wall distance between buildings within a cluster development shall be fifty feet (50').

(6)

The minimum side wall to rear wall distance between buildings within a cluster development shall be thirty feet (30').

(7)

The minimum separation between decks, screened porches, or other similar open and unenclosed portions of structures within a cluster development shall be twenty feet (20').

(8)

Building features may project into required building separations as set forth in Section 1113.07.

(9)

No private street or driveway shall be located closer than twenty feet (20') to any perimeter property line of the cluster development.

(e)

Access and Street Requirements.

(1)

Streets and/or access drives to cluster developments shall be located at least one hundred feet (100') from the nearest intersecting street right-of-way.

(2)

All private streets within a cluster development shall have a minimum pavement width of twenty-four feet (24'), a minimum cul-de-sac radius of fifty feet (50'), and shall meet the same base and pavement design criteria as public streets.

(3)

Cluster developments shall be designed to provide access internally within the development and to minimize access points and intersections onto existing public streets.

(4)

Entrance and exit from a cluster development shall be through approved access drives and curb cuts.

(5)

Each dwelling shall have access to either a public or private street in a manner approved by the Commission and as shown on the development plan.

(6)

Cluster developments shall be designed to permit adequate access by emergency vehicles, promote the safety of motorist and pedestrians, minimize traffic conflicts and congestion, and promote the safe, efficient flow of vehicular traffic.

(f)

Parking. Each dwelling unit shall be provided with a minimum of three (3) off street parking spaces, at least two (2) of which shall be within a completely enclosed attached garage.

(g)

Open Space Requirements.

(1)

Common open space areas shall be as set forth on the final approved development plan provided, however, that the common open space shall be located and designed to be integrally related to the overall design of the development and to conserve and protect significant natural features such as wetlands, woodlands, streams, lakes, historic features, and environmentally sensitive areas.

(2)

In any cluster development, the total public or common open space area shall not be less than twenty-five percent (25%) of the gross acreage of the entire Development Area.

(3)

Land areas devoted to streets, drives, parking areas, rights-of-way, required setbacks from streets and rights-of-way, required spacing between buildings, and areas within individual lots shall not be included in the calculation of open space for the purpose of meeting the minimum open space area requirement. Open space areas within required buffers and/or setbacks from property lines may be counted as common open space.

(4)

The ownership of all common open space areas shall be identified and a perpetual maintenance plan for said areas submitted to the City for review and approval. Said perpetual maintenance plan shall set forth responsibility for maintenance of all such areas and describe the method of financing for said maintenance program. The perpetual maintenance plan shall become part of the development plan and shall identify the City of Beachwood as a beneficial party thereto with rights, but no obligation, to enforce the provisions contained therein.

(h)

Landscaping and Buffers.

(1)

All disturbed areas within a cluster development which are not covered by permitted structures or pavement shall be landscaped with grass, trees, shrubbery and other appropriate ground cover or landscaping materials. All landscaping shall be in conformance with the approved landscaping plan for the development. Trees and shrubs shall be planted so as not to obstruct the views of drivers at driveway entrances and/or street intersections.

(2)

Perimeter setback areas as required in Section 1114.04 (d) shall be maintained as natural buffers from adjoining properties. No buildings or structures shall be placed within those perimeter buffer areas. Additional screening and buffering may be required within the required setbacks from existing public street rights-of-way and perimeter property boundaries where the Commission determines that existing vegetation is inadequate to provide an appropriate buffer. Landscape improvements may include mounding, screen walls, or fences if approved as part of the landscape plan.

(i)

Storm Drainage Provisions. Each cluster development shall include provisions for a storm drainage system designed and constructed by the developer in accordance with the requirements of the Engineer.

(j)

Utilities. All utilities shall be located underground, except that utility appurtenances may be constructed above-ground as approved by the City as part of the development plan approval.

(1)

Water lines and appurtenances shall be designed and installed in conformance with the requirements of the City and the City of Cleveland Division of Water.

(2)

Sanitary sewer lines and appurtenances shall be designed and installed in conformance with the requirements of the City and the Northeast Ohio Regional Sewer District.

(3)

Site lighting shall be in accordance with the requirements of the Commission and shall be shown on the development plan.

(k)

Accessory Structures. Decorative and ornamental fences not completely enclosing a patio, deck, or similar structure are permitted only as specifically approved by the Architectural Board of Review and the homeowners association.

(l)

Signs. Signs in cluster developments shall comply with the sign regulations for U-1 Districts as set forth in Section 1141.13.

(Ord. 2018-94. Passed 10-21-19)

Applications for cluster developments shall be submitted for review and approval in accordance with the provisions of this section and with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

Prior to the commencement of construction, each cluster development shall provide a performance guarantee or bond to ensure completion of landscaping, hard surfacing of private streets, drives and parking areas, improvements within public rights-of-way or easements, water lines, sanitary sewer lines, storm sewers, and surface water drainage, and other improvements integral to the proposed project in conformity with approved plans. Such bonds or guarantees shall be in a form approved by the Law Director, and shall be in an amount equal to the estimated construction cost of the improvements as determined by the Engineer. Performance guarantees shall be submitted and approved prior to the issuance of any building permits.

(Ord. 2018-94. Passed 10-21-19)

The purpose of this zoning district is to permit and control development of attached one-family homes in clusters. The intent is to permit additional flexibility in design and standards so as to promote quality and imaginative designs. Property may be improved to these standards when zoned U-2A only.

(Ord. 2018-94. Passed 10-21-19)

Land and buildings shall be used, and buildings shall be designed, erected, moved and altered, only in accordance with the use regulations set forth in this Chapter.

(a)

Main Uses and Buildings. Units which form attached one-family homes with separate exterior entrances, fire walls dividing each unit and no unit built above or below another unit.

(b)

Accessory Uses and Buildings.

(1)

Private accessory automobile garages for each dwelling;

(2)

Visitor off-street parking of passenger automobiles;

(3)

Private noncommercial swimming pools, recreation areas and facilities intended and used solely by the occupants and their guests;

(4)

Private accessory storage and maintenance structures needed for the operation and maintenance of the building and site;

(5)

Landscape features, including gardens, fountains, sidewalks, walls, decorative fences, and lawns;

(6)

Master radio and television antennas, air conditioning and ventilation equipment, and necessary utility equipment as permitted under this chapter and approved by the Architectural Board of Review; and

(7)

One (1) identification or project sign per entrance disclosing the name and address of the development, which shall be approved by the Commission.

(Ord. 2018-94. Passed 10-21-19)

Land and buildings shall be designed, improved and maintained only in accordance with the following schedules:

(a)

Site Area. The area of a parcel or parcels of land shall contain at least five (5) acres and shall be under common ownership and shall be one sublot.

(b)

Distance Between Buildings. The space between buildings shall be at least equal to the height of the higher building, unless otherwise approved by the Commission and Council.

(c)

Density and Floor Area. Not more than six (6) units shall be built per acre, and each dwelling unit in this District shall have a minimum livable floor area of not less than:

(Ord. 2018-94. Passed 10-21-19)

A preliminary and final site development plan shall be prepared for all improvements within a U-2A District. Site development plans shall conform to the standards and criteria of this Chapter and shall be submitted and reviewed in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

(a)

The height of any residential or main building shall not exceed twenty-five feet (25').

(b)

The height of any accessory building, garage or other structure that is not part of any residential or main building shall not exceed twenty-five feet (25') in height, unless otherwise approved by the Commission and Council.

(Ord. 2018-94. Passed 10-21-19)

(a)

Setbacks.

(1)

All buildings shall be set back at least fifty feet (50') from a public street.

(2)

Buildings shall be set back twenty-five feet (25') or more from any adjacent lot line.

(3)

Garage entrances shall be set back twenty-five feet (25') or more from a private street.

(b)

Use of Setbacks. Required setbacks shall not be used for buildings or structures or recreational facilities, such as tennis courts, parking lots, swimming pools, and the like, unless otherwise approved by the Commission and Council.

(Ord. 2018-94. Passed 10-21-19)

Parking areas and driveways shall be properly related to the public street and residential buildings so as to promote safety and convenience and to minimize congestion or hazards.

(a)

Every planned development in a district shall provide garage space for two (2) vehicles for every living unit and at least one (1) open visitor parking space, not on a public street, for each living unit. Such garage and open visitor parking space shall be at least nine feet (9') by twenty feet (20') per car and shall comply with all of the specifications applicable thereto in this Code and in the Building Code, except as otherwise provided in this Chapter.

(b)

Access driveways from public streets shall be limited in number. Such access driveways shall be planned and constructed at locations designed to avoid traffic congestion and hazard, and shall first be approved by the Commission.

(c)

All streets in this district to be dedicated to the City shall be constructed in accordance with the standards established by the Engineer for public streets. Private streets not to be dedicated:

(1)

Shall be permanent hard-surfaced pavement sufficient to carry moving van trucks and fire vehicles;

(2)

Shall not provide any through traffic between public streets; and

(3)

Shall be approved by the Engineer.

(Ord. 2018-94. Passed 10-21-19)

In order to ensure the park-like character of the City and to provide environmental amenities to the occupants of the development, land area not covered by buildings, parking areas, drives, sidewalks, plazas, or other hard-surfaced uses shall be developed and maintained in grass or other landscape material, in accordance with the general plan approved by the Commission.

(a)

Minimum Area. Open space shall not be less than fifty percent (50%) of the site and may include required setbacks, decks, patios, private gardens, sidewalks, private yards, garage roofs at ground level that are covered with earth and grass, and landscaping or other decorative features.

(b)

Required Private Open Space for Residential Uses. Every dwelling unit shall have available to it separate private yards, patios or courts containing at least four hundred (400) square feet, with screening provided as part of the planned development, so as to ensure adequate privacy, all in accordance with the general plan approved by the Commission.

(Ord. 2018-94. Passed 10-21-19; Ord. No. 2021-31. Passed 6-21-21)

A lighting plan shall be submitted to the Commission for its approval. Such plan shall be designed to promote the safety of pedestrians and vehicles and the protection of persons and property.

(a)

Private Street and Property Lighting. Lighting units on private streets and property shall not exceed fifteen feet (15') in height and shall be so shielded from adjoining residences so as to limit interference with other property.

(b)

Public Street Lighting. Public street lighting shall be subject to the approval of the Commission.

(Ord. 2018-94. Passed 10-21-19)

Buildings, site development and uses shall be designed and arranged so as to provide a unified building complex which will be an asset to the City, to residents and to occupants of the development.

(a)

All utilities serving the buildings and site, including electricity, telephone and all supporting equipment therefor, including meters, transformers and the like, shall conform to City ordinances.

(b)

All buildings and grounds shall be designed, constructed and maintained as approved in the site development plan. All landscaping, sidewalks, pedestrian plazas, parking areas and building exteriors shall be maintained free of any unsafe, unsightly or blighting condition which deteriorates the appearance, character, safety or value of the City or the surrounding area.

(c)

The developers and, after formation, the condominium association, shall make provision for the maintenance, upkeep, and repair of common land, utilities, roofs, walls, driveways, sidewalks, and other areas or facilities under common or joint use, and for the payment of expenses, taxes, and assessments thereon, and shall establish standards for the maintenance and repair of all areas, in accordance with laws applicable to condominium or incorporated association ownership. Such provisions, agreements, easements, and covenants shall be on file with the City, shall conform to all applicable laws regarding housing, zoning, sanitation, safety, and welfare, shall identify the person responsible for repairs and maintenance and shall inform the Building Department of the name of the initial owner or tenant. Thereafter, the condominium association shall keep accurate records of the names and addresses of each owner of each unit and the name of each tenant in possession and inform the Inspector of Buildings of any change within fifteen (15) days after transfer.

(d)

All developments shall be designed and constructed so as to relate to and to improve the character and quality of the surrounding properties and the City. Areas of development not to be occupied by buildings, road pavement, sidewalks, parking areas or recreation facilities shall be retained in their existing wooded state or maintained in landscaping as approved by the Commission. The orientation and construction of buildings and the location of private space and common space should be designed to promote the utmost privacy and individuality of units and to form a unified composition of buildings and space and a variety of perspectives according to sound architectural and planning principles.

(Ord. 2018-94. Passed 10-21-19)

Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in a U-3 District only for the uses set forth in this section and the use regulations of this Code.

(a)

Main Uses. Multi-family dwellings.

(b)

Accessory Uses. Accessory uses shall be designated and intended to principally serve the apartment residents. Such accessory uses shall be as follows:

(1)

Parking.

(2)

Car washes, provided that:

A.

No washing or detailing activities are conducted outside of the building.

B.

There is no advertising or signage associated with the car wash.

C.

Washing is by hand only and no automated wash systems are used.

D.

The wash area does not exceed six-hundred (600) square feet.

(3)

Signs in conformance with Chapter 1141.

(Ord. 2018-94. Passed 10-21-19)

(a)

Side Yards. In a Class U-3 District, each building shall have a side yard on each side of not less than one-half of the height of the building. In the case of a corner lot, the side yard on the street side shall be not less in width than the setback building line shown on the zone map for that side of the corner lot.

(b)

Rear Yards. Each main building shall have a rear yard of a depth not less than twenty-five feet (25') nor less than the height of the main building.

(Ord. 2018-94. Passed 10-21-19)

(a)

Indoor parking facilities shall be provided at the rate of space for at least one (1) automobile for each family unit.

(b)

Exterior off-street parking space shall be provided at the rate of space for at least one (1) automobile for each family unit.

(Ord. 2018-94. Passed 10-21-19)

(a)

Height. Buildings in a Class U-3 District shall have a height of not over forty-five feet (45').

(b)

Density and Livable Floor Area. The maximum density shall be eighteen (18) dwelling units per gross acre. The minimum livable floor area required for each family living unit in a Class U-3 District shall be as follows:

(Ord. 2018-94. Passed 10-21-19)

A preliminary and final site development plan shall be prepared for all types of proposals of developments in a Class U-3 District and submitted to the Commission in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

(a)

The Class U-3C District is created to provide for the establishment of quality higher density multi-family residential developments at strategic locations within the City consistent with the City's overall land use planning principles and community vision. It is the expressed purpose of the Planned Multi-Family Residential District to provide for the establishment of attractive and well-designed residential developments which offer superior quality housing for residents.

(b)

It is intended that Planned Multi-Family Residential Districts create additional housing opportunities that provide support for established commercial retail areas and for the City's primary employment centers. It is further intended that Class U-3C Districts encourage creative, high quality site design practices that encourage the efficient use of land and resources, promote harmony and integration with existing developments, protect adjoining properties from adverse impacts, promote safe and efficient pedestrian and vehicular movement, promote efficient layout of infrastructure, and create attractive and useful private spaces.

(Ord. 2018-94. Passed 10-21-19)

The following criteria shall govern the establishment of any Planned Multi-Family Residential District:

(a)

No Planned Multi-Family Residential District shall be established except subsequent to an application by the property owner requesting that the land be subject to these special provisions.

(b)

The layout shall be designed to create an orderly arrangement compatible with the landscape and topography of the area and with the planning principles of the City.

(c)

Each Planned Multi-Family Residential District shall be developed in conformance with an approved final site development plan which has been reviewed and approved in accordance with the provisions set forth herein.

(Ord. 2018-94. Passed 10-21-19)

Buildings and land in the Planned Multi-Family Residential District shall be used and buildings shall be designed, erected, altered or intended only for the uses specifically designated herein.

(a)

Principal Permitted Uses and Buildings.

(1)

Multi-family dwellings.

(b)

Accessory Uses.

(1)

Private parking garages for the use of residents.

(2)

Off-street resident and visitor parking.

(3)

Private recreation areas and facilities intended for the exclusive use of residents and their guests.

(4)

Accessory structures pursuant to Section 1118.04(1).

(5)

Concierge type services intended for the exclusive use of residents which may include a laundry/dry cleaning drop off, car washing services, personal shopping services, fitness facilities, and similar services.

(6)

Signs in conformance with the provisions of Section 1141.13.

(Ord. 2018-94. Passed 10-21-19)

The following standards and requirements shall apply to all Planned Multi-Family Residential Districts:

(a)

Maximum Density. The maximum density of dwelling units shall be as set forth on the approved master development plan provided, however, that the density of the entire Development Area shall not exceed sixty (60) dwelling units per gross acre of land in the Planned Multi-Family Residential District.

(b)

Maximum Building Ground Coverage. The maximum building ground coverage shall not exceed sixty percent (60%) of the total area of the Planned Multi-Family Residential District.

(c)

Maximum Building Height. Buildings within a Planned Multi-Family Residential District shall not exceed sixty-five feet (65') in height. For projects with frontage on more than one (1) street the height shall be measured on the facade facing the main street on which the building has frontage, as determined by the Commission.

(d)

Setbacks and Separations. Building setbacks and separations shall be established on the approved final site development plan. In establishing said separations Commission shall consider the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy-efficient siting, and the relationships of building sites to circulation patterns. In no instance shall the established setbacks and/or separations be less than the following:

(1)

No building shall be located closer than forty feet (40') to the right-of-way line of a public street.

(2)

No building or structure shall be located closer than thirty feet (30') to any perimeter property line of the Planned Multi-Family Residential District.

(3)

The minimum wall to wall distance between apartment buildings within a Planned Multi-Family Residential District shall be thirty feet (30').

(4)

No parking area shall be located closer than ten feet (10') to the right-of-way line of a public street.

(5)

No private driveway shall be located closer than ten feet (10') to any perimeter property line of the Planned Multi-Family Residential District.

(e)

Minimum Dwelling Unit Area. The minimum dwelling unit areas shall be in conformance with the following standards:

(1)

Studio units six hundred (600) square feet.

(2)

One (1) bedroom units seven hundred (700) square feet.

(3)

Two (2) bedroom units eight hundred fifty (850) square feet.

(4)

Three (3) bedroom units one thousand (1000) square feet.

The combined total of studio and one bedroom units shall not exceed fifty percent (50%) of the total number of dwelling units of any planned multi-family residential project.

(f)

Access and Street Requirements.

(1)

Access drives to Planned Multi-Family Residential Districts shall be located at least two hundred feet (200') from the nearest intersecting street right-of-way.

(2)

All private drives within a Planned Multi-Family Residential District shall have a minimum pavement width of twenty-four feet (24').

(3)

Planned Multi-Family Residential District shall be designed to minimize the number of access points onto public streets.

(4)

Planned Multi-Family Residential District shall be designed to permit adequate access by emergency vehicles, promote the safety of motorists and pedestrians, minimize traffic conflicts and congestion, and promote the safe, efficient flow of vehicular traffic.

(g)

Parking. Each Planned Multi-Family Residential District shall provide a minimum of one and one-half (1.5) parking spaces per dwelling unit. Exterior parking spaces shall be a minimum of one-hundred-eighty (180) square feet in area. Enclosed parking spaces shall be a minimum of one-hundred-seventy (170) square feet in area. Charging stations for electric powered vehicles may be permitted within parking garages and shall be of sufficient size to adequately accommodate the vehicles.

(h)

Open Space Requirements.

(1)

Open space areas shall be as set forth on the final approved development plan provided, however, that open space shall be located and designed to be integrally related to the overall design of the development.

(2)

In any Planned Multi-Family Residential District, the total open space area shall not be less than thirty percent (30%) of the gross acreage of the entire Planned Multi-Family Residential District.

(3)

Land areas devoted to driveways and parking shall not be included in the calculation of open space for the purpose of meeting the minimum open space area requirement. Walkways, paths, patios, pools, and recreational facilities may be counted as open space.

(i)

Landscaping. All disturbed areas within a Planned Multi-Family Residential District which are not covered by permitted structures or pavement shall be landscaped with grass, trees, shrubbery, and other appropriate ground cover or landscaping materials. All landscaping shall be in conformance with the approved landscaping plan for the development. Trees and shrubs shall be planted so as not to obstruct the views of drivers at driveway entrances and/or street intersections.

(j)

Storm Drainage Provisions. Each Planned Multi-Family Residential District shall include provisions for a storm drainage system designed and constructed by the developer in accordance with the requirements of the Engineer.

(k)

Utilities. All utilities shall be located underground, except that utility appurtenances may be constructed above-ground as approved by the City as part of the development plan approval.

(1)

Water lines and appurtenances shall be designed and installed in conformance with the requirements of the City and the City of Cleveland Division of Water.

(2)

Sanitary sewer lines and appurtenances shall be designed and installed in conformance with the requirements of the City and the Northeast Ohio Regional Sewer District.

(3)

Site lighting shall be in accordance with the requirements of the Commission and shall be shown on the site development plan.

(l)

Accessory Structures. Decorative and ornamental fences and/or walls, pools, patios, fountains, and similar structures shall be permitted and located only as specifically authorized by the Commission as part of the site development plan approval.

(m)

Building Service Facilities. Delivery and refuse removal areas shall be screened or located within enclosed service areas as approved by the Commission.

(n)

Building And Site Design Standards. Buildings and site improvements shall be designed and arranged so as to provide a unified building complex which will be an asset to the City, to residents and to occupants of the development.

(Ord. 2018-94. Passed 10-21-19)

Applications for a map amendment for a Planned Multi-Family Residential District shall be submitted for review and approval in accordance with the provisions of Section 1107.01. Applications for rezoning to the Planned Multi-Family Residential District shall be accompanied by and pursuant to a site development plan conforming to the requirements of and approved in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in a U-3A District only for the uses set forth in this section and the use regulations of this Code.

(a)

Main Uses. Multi-family dwellings.

(b)

Accessory Uses. Accessory uses shall be designed and intended to principally serve the apartment residents. Except for car washes as provided in subsection (b)(5) hereof, all accessory uses shall be centralized in one (1) building as adjoining uses apart from residential areas. No such accessory use other than parking facilities and enclosed garages shall exceed one thousand eight hundred (1,800) square feet in size. Such accessory uses shall be as follows:

(1)

Snack bars and coffee shops;

(2)

Automobile parking facilities and enclosed garages;

(3)

Personal services, limited to barber shops, beauty shops, laundries, cleaners, pharmacies, convenience groceries, florists, restaurants, and/or coffee shops, retail specialty stores, and other similar services as approved by the Commission and confirmed by Council;

(4)

Health and recreation facilities, such as swimming pools, tennis courts, and exercise rooms.

(5)

Car washes provided that:

A.

No washing or detailing activities are conducted outside of the building.

B.

There is no advertising or signage associated with the car wash.

C.

Washing is by hand only and no automated wash systems are used.

D.

The wash area does not exceed six-hundred (600) square feet.

(c)

Building Service Facilities. Delivery and refuse removal areas shall be screened or located within enclosed service areas as approved by the Commission.

(d)

Wireless Communication Facilities. Wireless telecommunications facilities shall be subject to the following provisions:

(1)

Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse shall not extend above the penthouse and shall be screened with panels or other screening devices designed to match the appearance of the penthouse wall and reduce visibility.

(2)

Wireless telecommunications antennas, including dipole antennas over two inches (2") in diameter, and support structures mounted directly on the roof shall not extend higher than twenty feet (20') above the roof and shall be set back from the parapet or roof edge a minimum of one foot (1') for each one foot (1') in elevation above the top of the parapet. Dipole antennas which are two inches (2") or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three feet (3') above the top of said parapet wall. All such antennas shall be colored to minimize visibility.

(3)

Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads per the Ohio Building Code.

(4)

Where wireless telecommunications facilities are proposed to be located on a building where such facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the receipt or transmission of signals by the existing facilities.

(5)

Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from public rights of way and from apartment units in adjoining buildings.

(6)

A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03.

(7)

The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Commission; otherwise applications for wireless telecommunications facilities shall be referred to the Commission for consideration.

(Ord. 2018-94. Passed 10-21-19)

The various area and height regulations of the area to be developed are defined in this section and scheduled in the following section.

(a)

Development Area. "Development Area" means the minimum area to be constructed by a single owner or owners or group of owners of a parcel or assembled parcels, acting jointly, involving a related group of multiple-family dwellings, planned and developed as an entity, in order to qualify under the planning development provisions.

(b)

Land Area Per Dwelling Unit. "Land Area Per Dwelling Unit" means the minimum area required within a Development Area for each dwelling unit in order to qualify for such provisions.

(c)

Gross Floor Area of Dwelling Unit. The minimum gross area of all the floors of a dwelling unit, the whole area of garages and one-half (½) the area of balconies, porches and other open areas within parts of the building may be excluded from the gross area.

(d)

Building Coverage. "Building Coverage" means the maximum ratio of the ground floor area of the dwelling or apartment buildings to the lot area. Garage roofs, if below grade and landscaped or if developed as a terrace or similar landscape feature, may be excluded from the ground floor building area for this purpose.

(e)

Maximum Height. "Maximum Height" refers to the height to which any main building may be constructed above the designed finished grade.

(Ord. 2018-94. Passed 10-21-19)

Land and buildings shall be used in a U-3A District and buildings shall be designed, erected, altered, moved or maintained in such district in accordance with the following schedule:

(a)

Maximum density is thirty (30) dwelling units per acre.

(b)

Gross area of dwelling unit as follows:

(c)

Building coverage exclusive of parking facilities twenty percent (25%).

(d)

Height of main buildings: buildings shall be limited to one hundred feet (100') in height, exclusive of penthouses, cornices or similar features.

(Ord. 2018-94. Passed 10-21-19)

The following criteria shall guide the site development planning of a development area:

(a)

Site Data. Buildings shall be arranged so that the distance from any building to any boundary line of a development area shall be not less than eighty feet (80').

(1)

Parking structures and facilities shall be set back from any side or rear lot line at least ten feet (10'). However, parking structures and facilities, where abutting any land zoned from U-1 (A-1 or A-2) or U-2A, shall require forty feet (40') of buffering with appropriate landscape screening as required by the Commission. No off-street parking shall be permitted within the front yard setback.

(2)

Services to the building shall be provided by separate drives to service areas which shall be separate from pedestrian and vehicular circulation routes.

(3)

Parking shall be provided at the rate of at least two (2) spaces per dwelling unit with a minimum of one (1) space per dwelling unit in underground facilities at an elevation low enough so that the roof will be covered and planted with trees, shrubs or ground cover, except that a roof slab may be incorporated into paved terraces or pool areas. Garage walls shall not be exposed unless they are a part of the approved landscape design.

(4)

Outside parking facilities may be open if provided with walkways and islands for trees and other landscape planning. Such facilities shall not be closer than twenty feet (20') to the main residence building.

(5)

When access roads or driveways are provided of twenty-six feet (26') in width (curb to curb) or more, one side of the road or driveway to the limit of nine feet (9') from the curb may be computed in the required parking for the development.

(b)

Landscaping. Land areas not occupied by buildings, parking or drives shall be left in a natural state or developed and maintained in grass and other landscaped material, in accordance with the development plan approved by the Commission. No less than twenty percent (20%) of the site shall be landscaping or open space.

(c)

Site development plans shall be provided in conformance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

It is the intent of this Chapter (Class U-4A Districts) to provide for the grouping of local retail shops and services in designated areas near residential neighborhoods primarily for the ordinary shopping needs of a daily and weekly nature, as well as for some of those establishments usually associated with such shopping; to protect both residential and business developments from congestion by requiring off-street parking and loading facilities; and to provide for indoor recreation and athletic facilities located to protect both residential and business developments from traffic congestion.

(Ord. 2018-94. Passed 10-21-19)

(a)

Buildings and land in a Class U-4A District shall be used and buildings shall be designed, created, altered or intended only for the uses specifically designated as Class U-4A uses in Section 1111.02, except that other similar harmonious and compatible uses as may be determined by the Commission and approved by Council may be permitted.

(b)

Accessory uses customarily incident to the main uses listed above shall be permitted provided they are planned and developed in connection with the main building. Such accessory uses among those permitted under this section shall include:

(1)

Parking garages and off-street parking and loading areas for employees and customers as provided in this chapter.

(2)

Maintenance, storage and incineration facilities provided the incinerator is located within the main building and conforms to the regulations of Part III, Sections 3.1 to 3.13, inclusive, Bulletin 82 of the American Insurance Association.

(3)

All solid waste collection, compaction, storage or container facilities shall be located within the main building and physically separated from other uses by a wall or similar partition.

(Ord. 2018-94. Passed 10-21-19)

(a)

Area.

(1)

The ground area occupied by the building shall not exceed thirty percent (30%) of the total area of the lot.

(2)

Not less than fifteen percent (15%) of the total lot area shall be developed as planted areas in accordance with a landscape plan as approved by Commission and shall be maintained in good condition.

(3)

The minimum lot width at the building setback line shall be one-hundred-fifty feet (150').

(b)

Yards.

(1)

A front yard of not less than one hundred feet (100') shall be provided.

(2)

Where adjoining a residential District, a side yard shall not be less than fifty feet (50'), nor less than twenty-five feet (25') where adjoining a public street. Within a U-4A District, side yards shall be not less than twenty-five feet (25').

(3)

Where adjoining a residential district, the rear yard shall not be less than fifty feet (50'). In all other locations, the rear yard shall be not less than twenty-five feet (25').

(4)

The Commission shall require, from each applicant for its approval, a landscape plan depicting the design of the installation of a fence, wall, hedge and/or other suitable screening and/or planting in order to create a buffer area where a residential district adjoins or abuts a rear or side yard of a lot in a U-4A District.

(c)

Off-Street Parking and Loading in Yards. Accessory off-street parking in a front yard shall be permitted no closer than ten feet (10') from a street line. Accessory off-street loading spaces in a front yard shall be permitted no closer than fifty feet (50') from a street line.

(1)

Accessory off-street parking and driveways in a side or rear yard shall be permitted no closer than ten feet (10') from a property line or thirty feet (30') from a residential district line. Accessory off-street loading in a side or rear yard shall be permitted no closer than fifteen feet (15') from a property line or fifty feet (50') from a residential district line.

(2)

All portions of required yards in which no off-street parking or driveways are permitted shall be developed as lawn or planted areas or maintained in an orderly wooded state.

(d)

Height. Building height shall not exceed forty-two feet (42'), exclusive of towers, cornices or similar features, provided however, that any building exceeding twenty-five (25) feet in height shall be located a minimum of seventy-five (75) feet from any property zoned U-1.

(Ord. 2018-94. Passed 10-21-19)

Off-street parking and loading facilities shall be provided in accordance with Chapter 1144.

(Ord. 2018-94. Passed 10-21-19)

Preliminary and final site development plans are required and shall be prepared for all proposed developments in a Class U-4A District. Site development plans shall be prepared and reviewed in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

The following uses shall not be located on any U-4A property that directly abuts property zoned U-1 single family residential district or U-2A attached single-family residential district:

(a)

Small box discount stores.

(b)

Second hand stores.

(c)

Pawn shops.

(d)

Vape shops and/or vaporizer stores.

(e)

Hookah lounges, smoke lounges, and for vapor lounges.

(f)

Tattoo Parlors.

(g)

Stores selling paraphernalia typically associated with controlled substances.

(h)

CBD Stores.

(Ord. No. 2023-102. Passed 1-22-24)

The City of Beachwood 2015 Master Plan, called for the adoption of new mixed use zoning districts including those that are; walkable and friendly to pedestrians, promotes mixed-use redevelopment near the Chagrin Blvd corridor and other outdated commercial areas to encourage reuse and growth where industry and jobs currently exist, encourage redevelopment of the Richmond Road corridor to support higher-density residential neighborhoods, incentivize housing that accommodates future need and grows the City's population, provides different housing choices for young people, separates small apartments from existing single family uses, promotes mixed use including multi-family, and to remove barriers to adaptive re-use of older buildings. The City recognizes the changing nature of the Park East corridor, situated between the Chagrin Blvd. corridor and Richmond Road corridor and creates this new U-4C district to rezone certain portions adjacent to I-271 and currently zoned U-9, to meet 2015 Master Plan goals and vision. This U-4C district is only designed as a possible rezoning for areas currently zoned U-9, located north of Harvard, south of Chagrin.

It is the intent of this Chapter (Class U-4C Districts) to provide for the establishment of a district for high density mixed-use, multi-family residential, office, retail, services, recreational, event space, hotel, apartments, and similar compatible uses. This district shall provide for the establishment of attractive and well-designed mixed-use developments which offer quality housing, offices, services, entertainment spaces, and recreation for nearly residents and office workers to create additional housing, office, and mixed-use opportunities including commercial and retail areas and for the City's primary employment centers.

(Ord. No. 2022-41, § 1 (Exh. B), 11-21-22)

The following criteria shall govern the establishment of any U-4C Integrated Mixed Use, District:

(a)

No such district shall be established except subsequent to an application by the property owner requesting that the land be subject to these special provisions, which application shall include an overall concept development plan, which shall control all future use of the property.

(b)

The layout of the overall concept development plan shall be designed to create an orderly arrangement of uses and buildings compatible with the landscape and topography of the area with the planning principals of the City.

(c)

Each U-4C Integrated Mixed Use, District shall be developed in conformance with an approved final site development plan or plans which have been reviewed and approved by the Planning and Zoning Commission in accordance with the provisions set forth herein and which shall be in substantial compliance with the approved overall concept development plan as determined by the Planning and Zoning Commission.

(Ord. No. 2022-41. Passed 11-21-22)

The following standards and requirements shall apply to all U-4C Integrated Mixed Use Districts:

(a)

Buildings and land in a Class U-4C District shall be used and buildings shall be designed, created, altered, or intended for the uses designated as Class U-4C uses in Section 1111.02, except that other similar harmonious and compatible uses as may be determined by the Commission and approved by Council may be permitted.

(b)

Accessory uses customarily incident to the main uses listed above shall be permitted provided they are planned and developed in connection with the main building. Such accessory uses among those permitted under this section shall include:

(1)

Parking garages and off-street parking and loading areas for residents, employees, guests, and customers as provided in this chapter.

(2)

Solid waste collection, compaction, storage, or container facilities, provided such facilities shall be located within or adjacent to the main building and physically separated from other uses by a wall, screen, fence, or similar partition, and otherwise designed to enable collection and pickup of the waste materials.

(Ord. No. 2022-41, § 1 (Exh. B), 11-21-22)

(a)

Area.

(1)

The aggregate ground area occupied by the building(s) shall not exceed forty-five percent (45%) of the total area of the development or such area as may be designated on the overall concept development plan.

(2)

Consistent with the current existing or adjacent landscape plans on existing parcels, or twenty percent (20%) of the total lot area, whichever is less, shall be developed as planted, hardscapes, terraces, patios, sidewalks, and other open occupiable spaces in accordance with a landscape plan as approved by Commission and shall be maintained in good condition. The total lot area may include elevated areas within the overall site including upper floor exterior spaces and gardens.

(3)

The minimum lot width at the building setback line shall be one-hundred-fifty feet (150').

(b)

Yards.

(1)

A front yard of not less than twenty-five feet (25') shall be provided.

(2)

Within a U-4C District, side yards shall be not less than five feet (5').

(3)

The rear yard shall not be less than five feet (5').

(4)

A landscape plan with screening as necessary from adjacent uses; where a U-4C area is adjacent to other U-4, U-5, U-7, U-8, U-9, or U-10 uses the screening requirement will be consistent with screening currently existing (as any U-4C district will be a rezoning to an already developed parcel) or as determined necessary by Planning Commission, with a goal of increasing walkability and having the Park East Drive corridor function overall as a mixed-use area.

(c)

Off-Street Parking and Loading in Yards. Accessory off-street parking in a front yard shall be permitted no closer than five feet (5') from a street line. Accessory off-street loading spaces in a front yard shall be permitted no closer than fifty feet (50') from a street line.

(1)

Accessory off-street parking and driveways in a side or rear yard shall be permitted no closer than five feet (5') from a property line or thirty feet (30') from a U-1, U-2, or U-3 Residential District line.

(2)

Accessory off-street loading in a side or rear yard shall be permitted no closer than five feet (5') from a property line or fifty feet (50') from a U-1, U-2, or U-3 Residential District line.

(d)

Height. Building height shall not exceed seventy-five (75) feet, exclusive of towers, cornices, or similar features.

(e)

The following minimum standards must be implemented for all new or modified developments within the Class U-4C District:

(1)

A minimum of forty percent (40%) of the development's floor area must be developed and maintained as residential uses. In new construction the first floor/ground floor must have commercial/retail/office uses; residential uses shall be located on upper floors. In adaptive re-use of structures that previously had residential on the first floor, first floor residential units shall be permitted.

(2)

A minimum of twelve and a half percent (12.5%) of the development's building floor area, exclusive of parking structures, must be developed and maintained as retail, restaurant, office, and services uses.

(Ord. No. 2022-41. Passed 11-21-22)

Off-street parking and loading facilities shall be provided in accordance with Chapter 1144, except for the following:

(a)

Parking space shall be not less than one hundred and sixty-two (162) square feet minimum of nine feet (9') by eighteen feet (18') exclusive of drives and turning space, provided however that existing non-conforming spaces may be maintained at current dimensions. All parking lot drive aisles will be not less than twenty-four (24) feet wide.

(b)

The number of parking spaces may be reduced to account for shared parking associated with mixed-use facilities, so long as the number of parking spaces is supported by a parking study and approved by the Commission.

(c)

A minimum of one (1) square foot of landscaped area shall be provided within the parking area for each one hundred (100) square feet of vehicle use area; but this area may be reduced further to match landscaped areas in adjacent buildings and developments.

(d)

Only one and one-half (1.5) off-street parking spaces shall be required for each multi-family dwellings. This may be reduced based on the shared parking study.

(e)

Except as may be modified by the shared parking study detailed above, parking for commercial, office, and retail space shall be as follows:

(1)

Three and eight tenths (3.8) spaces per one thousand (1,000) square feet of office space.

(2)

Four (4) spaces for one thousand (1,000) square feet of retail.

(3)

Fourteen and seven tenths (14.7) spaces for one thousand (1,000) square feet of restaurant space

(f)

Electronic car charging stations shall be permitted in parking areas as shown on a site development plan.

(Ord. No. 2022-41. Passed 11-21-22)

Final site development plans are required and shall be prepared for all proposed developments in a Class U-4C District. Final site development plans shall be prepared and reviewed in accordance with the provisions of Chapter 1108 and shall be in substantial compliance with the overall concept development plan approved by City Council as part of the rezoning of the property. If the Planning and Zoning Commission determines that a proposed final site development plan constitutes a substantial departure from form, nature, spirit, or intent of the approved overall concept development plan, such application shall be denied until any such modification or variation is presented to and approved by City Council in the same manner as the original overall concept development plan. This section supersedes anything inconsistent elsewhere in the code, including but not limited to Chapters 1144, 1145, 1146.

Notwithstanding Section 1141, signs may be approved as part of the final site development plan. Signs may include large building mounted electric signs or adjacent pedestal or freestanding signs, signs advertising the overall site and site tenants, and similar signs.

(Ord. No. 2022-41. Passes 11-21-22)

This Chapter (Class U-4B District) is established to provide regulations for a regional scale fashion shopping center designed in a cohesive fashion, requiring large amounts of land, involving uses generating large volumes of traffic, and serving the shopping needs of the region extending beyond the boundaries of the City. General retail businesses, shops and offices providing services are permitted in this district only as part of a unified site design which incorporates an enclosed mall, and further provided that such uses are consistent with the fashion character of the center.

(Ord. 2018-94. Passed 10-21-19)

Buildings and land in a Class U-4B District shall be designed, created, used, altered, and intended only as a unified and cohesive shopping center which shall include an interior sheltered walk or promenade that provides access to a variety of retail stores, restaurants, and service uses. Permitted uses shall be consistent with the fashion character of the center and may include the following provided that under no circumstances shall the percentage of space dedicated to retail sales be less than fifty percent (50%) of the total floor area:

(a)

Retail stores;

(b)

Personal services;

(c)

Restaurants;

(d)

Offices;

(e)

Medical facilities including clinics and urgent care facilities, but excluding facilities with patient beds for overnight stays with a conditional use permit;

(f)

Hotels, which may be freestanding or attached to the main building with a conditional use permit;

(g)

Fitness centers with a conditional use permit;

(h)

Multi-family dwellings with a conditional use permit and provided that no multi-family dwellings shall be located in the main mall building except above the retail store levels;

(i)

Free-standing restaurants and outdoor dining areas may be approved with a conditional use permit provided that they are consistent in style with the fashion character of the mall, are designed and oriented to be compatible with the overall design of the mall and further provided that there shall be no drive-thru or drive-up facilities. Curbside pickup may be permitted provided that the number and location of spaces dedicated for such pickup are approved by the Commission as part of the conditional use permit approval; and

(j)

Accessory uses including parking garages, parking lots, truck loading and delivery areas, signs, and solid waste collection, compaction, and storage facilities.

(Ord. 2018-94. Passed 10-21-19)

(a)

Area.

(1)

The ground area occupied by buildings, exclusive of parking decks, shall not exceed thirty percent (30%) of the total area of the development.

(2)

At least fifteen percent (15%) of the total area of the development shall be developed as planted or landscaped area.

(b)

Yards.

(1)

The main mall building and other freestanding buildings, except as provided in Subsection 4 hereof, shall be setback a minimum of two hundred feet (200') from the right-of-way line of any public street.

(2)

Free-standing restaurants not exceeding ten thousand (10,000) square feet in gross floor area and twenty-five feet (25') in height may be located closer than two hundred feet (200') but not less than one hundred feet (100') from any street right-of way.

(3)

The main mall building and other freestanding buildings, except as provided in Subsection 4 hereof, shall be setback a minimum of one hundred feet (100') from any adjacent side or rear property line.

(4)

Free-standing restaurants shall be setback a minimum of fifty feet (50') from any adjacent side or rear property line.

(5)

Parking spaces shall be setback a minimum of thirty feet (30') from the right-of-way lines of Cedar Road and George Zeiger Drive.

(6)

Parking spaces shall be setback a minimum of sixty feet (60') from the right-of-way line of Richmond Road.

(7)

Parking spaces shall be setback a minimum of twenty feet (20') from any adjacent side or rear property line. This requirement may be waived by Commission where there are shared access and parking easements.

(8)

Required setbacks shall be improved with landscaping which may include the installation of fences, walls, hedges, mounding, or other treatments as approved to create visual appeal and provide screening or buffering as appropriate.

(c)

Height. The height of buildings shall not exceed one hundred feet (100') exclusive of towers, cornices, and decorative architectural features.

(Ord. 2018-94. Passed 10-21-19)

Off-street parking and loading facilities shall be provided in conformance with the provisions of Chapter 1144.

(Ord. 2018-94. Passed 10-21-19)

Preliminary and final site development plans are required and shall be prepared for all proposed developments in a Class U-4B District. Site development plans shall be prepared and reviewed in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

Sources of light for illumination of buildings and grounds shall be shielded so that the light source is not directly visible from residential property and light spillage at the property line shall not be greater than zero and one tenths (0.1) foot candles and shall be installed in conformance with a lighting plan approved by the Commission.

(Ord. 2018-94. Passed 10-21-19)

Direct vehicular access to the mall development from a public right-of-way shall only be from Cedar Road and George Zeiger Drive.

(Ord. 2018-94. Passed 10-21-19)

This chapter is established to provide appropriate regulations for the operation, expansion, and maintenance of existing educational, religious, cultural and governmental uses, and to provide for the development of institutional uses which serve the needs of the residents of the City in a manner consistent with the overall land use and zoning plan of the City; compatible and harmonious with established residential neighborhoods; and designed to minimize impacts on adjacent properties.

(Ord. 2020-37. Passed 7-23-20; Ord. No. 2023-11. Passed 9-5-23)

(a)

Buildings and land in a Class U-5 District shall be used and buildings shall be designed, altered, moved or intended only for the uses specifically designated as Class U-5 uses in Section 1111.02.

(b)

The following accessory uses shall be permitted provided such uses are incidental and subordinate to a principal use listed in Section 1111.02, and further provided that such accessory uses are planned and developed in connection with said principal use:

(1)

Child day care center subject to Section 1155.02.

(2)

Adult day care center subject to Section 1155.03.

(3)

Parking facilities.

(4)

Assisted living facilities provided such facilities are operated in conjunction with a licensed nursing home.

(5)

Wireless telecommunication facilities on parcels in excess of one (1) acre and subject to Section 1124.09.

(6)

Signs subject to Chapter 1141.

(7)

Satellite dish antennas subject to Chapter 1153.

The minimum area of any U-5 District shall be eighteen thousand (18,000) square feet and the minimum street frontage shall be one hundred (100) feet.

(Ord. 2020-37. Passed 7-23-20; Ord. No. 2023-11. Passed 9-5-23)

(a)

Area Regulations. The ground area occupied by buildings shall not exceed twenty-five percent (25%) of the total area of the lot. Provided, however, that the maximum ground area covered by buildings may be increased to thirty percent (30%) of the total site area with the approval of the Planning and Zoning Commission and the consent of City Council in instances where structured parking is provided within two hundred (200) feet of the principal use. Not less than twenty-five percent (25%) of the total lot area shall be developed as planted areas.

(b)

Building Setbacks.

(1)

Front. For building conversions, the existing building setback may be maintained. For all new buildings constructed the front building setback shall not be less than fifty (50) feet as measured from the street right-of-way line.

(2)

Side and Rear. Each building shall have side yards each of which shall be not less than twenty (20) feet. The minimum rear yard setback shall be thirty (30) feet, provided that any rear yard which abuts a residential district shall be a minimum of forty (40) feet.

(c)

Height Regulations. Height of buildings shall not exceed two (2) stories or forty (40) feet exclusive of towers, steeples, cornices, or similar features as approved by the Planning Commission with the concurrence of City Council.

(d)

Parking Setbacks. Off-street parking shall meet the following minimum setbacks:

(1)

Twenty (20) feet from any street right-of-way line. The Commission may require landscaping of parking areas located between the building and the street right-of-way.

(2)

Ten (10) feet from any side lot line, provided that, where a side line abuts a single-family residential district, the parking area shall be screened in a method approved by the Planning and Zoning Commission. Where the Commission determines that screening is sufficient to adequately protect adjacent properties, it may reduce the side yard parking setback and designate such lesser setback as part of the final site plan approval.

(3)

Twenty (20) feet from any rear lot line provided that, where the rear line abuts a single-family residential district, the parking area shall be screened with in a manner approved by the Planning and Zoning Commission as part of the final site development plan approval.

(Ord. 2020-37. Passed 7-23-20; Ord. No. 2023-11. Passed 9-5-23)

(a)

Whenever a U-5 District is located adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face residentially zoned property by an acceptably designed wall, fence, mound or planting screen as approved by the Planning and Zoning Commission.

(b)

Required yard areas shall be landscaped in accordance with a landscape plan as approved by the Planning Commission and shall be maintained in good condition.

(c)

Dumpsters and/or garbage collection facilities shall be enclosed by a solid wall or fence at least six (6) feet in height and constructed of materials which are compatible in type, texture, style, and color with the main building.

(d)

All buildings shall have appropriate foundation plantings, installed in conformance with an approved landscape plan, which complement the architectural treatment and provide for year-round interest.

(Ord. No. 2023-11, 9-5-23)

Off-street parking and loading facilities shall be provided in conformance with Chapter 1144.

Parking areas and walkways which are intended to be used during non-daylight hours shall be properly illuminated to adequately provide for safety. Lights shall be so designed and arranged as to direct light away from the adjoining property and shall be installed in conformance with a lighting plan approved by the Planning Commission. There shall be no light spillage onto adjoining properties. Light poles shall not extend more than thirty (30) feet in height above the finished grade of the parking area or walkway.

(a)

For the purpose of this chapter the following terms shall have the meanings set forth below:

(1)

"Wireless Telecommunications Facilities" means equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.

(2)

"Antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.

(b)

Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except, where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse shall not extend above the penthouse and shall be screened with panels, or other screening devices designed to match the appearance of the penthouse wall and reduce visibility.

(c)

Wireless telecommunications antennas, including dipole antennas over two (2) inches in diameter, and support structures mounted directly on the roof shall not extend higher than twenty (20) feet above the roof and shall be setback from the parapet or roof edge a minimum of one (1) foot for each one (1) foot in elevation above the top of the parapet. Dipole antennas which are two (2) inches or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three (3) feet above the top of said parapet wall. All such antennas shall be colored to minimize visibility.

(d)

Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads of ninety (90) miles per hour.

(e)

Where wireless telecommunications facilities are proposed to be located on a building where such facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the receipt or transmission of signals by the existing facilities.

(f)

Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from the public right-of-way.

(g)

A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03(y).

(h)

The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Planning Commission, otherwise applications for wireless telecommunications facilities shall be referred to the Planning Commission for consideration.

Preliminary and final site development plans are required and shall be prepared for all proposed developments in a Class U-5 District. Site development plans shall be prepared and reviewed in accordance with the provisions of Chapter 1108.

Editor's note— Ord. No. 2023-11, § 1 (Exh. A), adopted September 5, 2023 repealed § 1124.10, which pertained to Rezoning and derived from Ord. 2020-37, passed July 23, 2020.

It is the intent of this Chapter (Class U-7A Districts) to provide for buildings in areas near residential neighborhoods of such types as do not create large volumes of pedestrian and vehicular traffic, nor excessive noise, to provide employment opportunities, to provided medical services for nearby residential neighborhoods and to permit limited commercial development on parcels not considered appropriate for more intensive commercial uses.

(Ord. 2018-94. Passed 10-21-19)

Buildings and land in a Class U-7A District shall be used and buildings shall be designed, created, altered or intended only for the uses specifically designated as Class U-7A uses in Section 1111.02, except that other similar harmonious and compatible uses, as may be determined by the Commission and approved by Council, may be permitted. Accessory uses customarily incident to the main uses listed above shall be permitted, provided they are planned and developed integrally with the main building and provided further that in no event shall any one accessory use or any combination of accessory uses as hereinafter set forth in subsection (a) exceed a total of twenty percent (20%) of the maximum gross square footage of the floor area of the main building. Such accessory uses among those permitted under this section shall include:

(a)

The sale of drugs; the sale, serving and consumption of food, soft drinks, juices, or ice cream at such places as lunch rooms, restaurant and florist shop.

(b)

Parking garages; off-street parking areas for employees and customers as provided in other sections of this chapter.

(c)

Maintenance and storage facilities within enclosed buildings or fenced areas.

(d)

Wireless telecommunications facilities subject to the following provisions:

(1)

Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse shall not extend above the penthouse and shall be screened with panels or other screening devices designed to match the appearance of the penthouse wall and reduce visibility.

(2)

Wireless telecommunications antennas, including dipole antennas over two inches (2") in diameter, and support structures mounted directly on the roof shall not extend higher than twenty feet (20') above the roof and shall be set back from the parapet or roof edge a minimum of one foot (1') for each one foot (1') in elevation above the top of the parapet. Dipole antennas which are two inches (2") or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three feet (3') above the top of said parapet wall. All such antennas shall be colored to minimize visibility.

(3)

Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads of ninety (90) miles per hour.

(4)

Where wireless telecommunications facilities are proposed to be located on a building where such facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the receipt or transmission of signals by the existing facilities.

(5)

Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from the public right-of-way.

(6)

A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03.

(7)

The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Commission, otherwise applications for wireless telecommunications facilities shall be referred to the Commission for consideration.

(e)

Satellite dish antennas subject to Chapter 1153.

(f)

Car washes provided that:

(1)

No washing or detailing activities are conducted outside of the building.

(2)

There is no advertising or signage associated with the car wash.

(3)

Washing is by hand only and no automated wash systems are used.

(4)

The wash area does not exceed six-hundred (600) square feet.

(Ord. 2018-94. Passed 10-21-19)

(a)

Area Regulations. The area of a lot occupied by a main use shall be a minimum of one (1) acre (43,560 square feet), with a minimum frontage width of one hundred fifty feet (150') at the street line. The ground area occupied by the buildings shall not exceed twenty percent (20%) of the total area of the lot.

(b)

Yard Regulations.

(1)

Front Yard. Every lot or parcel shall provide a front yard of not less than seventy-five feet (75'), except where the depth of such lot or parcel is two hundred feet (200') or less, in which case a front yard of not less than twenty feet (20') may be permitted upon application to and approval by the Commission and the consent of Council.

(2)

Side Yard. Except where a party wall is permitted, two (2) side yards are required. Each side yard shall be at least equal to the height of the building and in no case less than ten feet (10'), except that no side yard shall be less than twelve and one-half percent (12.5%) of the width of the lot. However, where adjoining a residential district, a side yard shall not be less than fifty feet (50').

(3)

Rear Yard. Where adjoining a residential district, the rear yard shall be not less than fifty feet (50'). In all other locations, the rear yard shall be not less than twenty-five feet (25').

(4)

Landscaping. Not less than five percent (5%) of the total land area, exclusive of the side yards, shall be developed as lawn or planted areas, or be maintained in an orderly wooded state, and in addition thereto, all portions of required yards in which no off-street parking is permitted, shall be developed as lawn or planted areas or maintained in an orderly wooded state.

(5)

Screening or Planting. The Commission shall require, from each applicant for its approval, a plan depicting the design of the installation of a fence, wall, hedge, mound or other suitable screening or planting in order to create a buffer area where a U-7A District adjoins or abuts a rear or side yard or is across a street from a residential district.

(c)

Use of Yard for Accessory Parking. Accessory off-street parking in a front yard shall be permitted no closer than ten feet (10') from a property line. Accessory off-street parking, including driveways, in a side yard or rear yard shall be permitted no closer than ten feet (10') from a property line or thirty feet (30') from a residential district line.

(d)

Height Regulations. Buildings shall not exceed forty-two feet (42'), exclusive of towers, cornices or similar decorative features.

(e)

Other Conditions. Such other conditions or requirements may be imposed by the Commission as may be necessary to provide for the protection of the public peace, health, safety, and welfare, and to ensure a development which will not adversely affect the use and development of neighboring property.

(Ord. 2018-94. Passed 10-21-19)

Off-street parking and loading facilities shall be provided in conformance with Chapter 1144.

(Ord. 2018-94. Passed 10-21-19)

Preliminary and final site development plans shall be prepared for all types of proposed developments in a Class U-7A District and submitted to the Commission in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

It is the intent of this Chapter (Class U-8 District) to provide for and encourage the reuse and redevelopment of the existing industrial park as a High-Density Mixed-Use Development District in order to create jobs and to enhance the tax base of the City. These regulations are intended to provide for the integration of basic industrial and manufacturing uses with office, service, and limited retail uses into a cohesive employment center.

(Ord. 2018-94. Passed 10-21-19)

(a)

Buildings and Uses to Conform. Building and land in the Class U-8 District shall be used and buildings shall be designed, altered, moved or intended only for the uses specifically designated as Class U-8 uses in Section 1111.02, except that other similar, harmonious and compatible uses may be permitted, provided the Commission determines and Council confirms that they conform to the above statement of intent and are similar as to their effect upon surrounding uses, and with regard to hours of operation and amount of traffic generated. The Commission and Council may attach such conditions, stipulations, or requirements to the approval of such similar uses as deemed necessary to ensure their compatibility, mitigate potential impacts, and otherwise carry out the spirit and intent of this Code.

(b)

Accessory Uses. Accessory uses customarily incident to the main uses listed in Section 1111.02 shall be permitted, provided that such uses are planned and developed in conjunction with the main building. Such accessory uses may include:

(1)

Lunchrooms.

(2)

Parking garages, off-street parking lots, and loading areas.

(3)

Wireless telecommunications facilities subject to the following provisions:

A.

Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse shall not extend above the penthouse and shall be screened with panels or other screening devices designed to match appearance of the penthouse wall and reduce visibility.

B.

Wireless telecommunications antennas, including dipole antennas over two inches (2") in diameter, and support structures mounted directly on the roof shall not extend higher than twenty feet (20') above the roof and shall be setback from the parapet or roof edge a minimum of one foot (1') for each one foot (1') in elevation above the top of the parapet. Dipole antennas which are two inches (2") or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three feet (3') above the top of said parapet wall. All such antennas shall be colored to minimize visibility.

C.

Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads of ninety (90) miles per hour.

D.

Where wireless telecommunications facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the reception or transmission of signals by the existing equipment.

E.

Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from the public right-of-way.

F.

A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03.

G.

The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Commission, otherwise applications for wireless telecommunications facilities shall be referred to the Commission for consideration.

(4)

Maintenance of fleet vehicles provided that:

A.

Vehicle repair and maintenance shall be limited to minor repair services such as tune-ups, oil filter changes, tire changes, brake service, and vehicle inspections.

B.

Repair and maintenance operations shall be restricted to fleet vehicles owned by the occupant or tenant only and no repair work shall be performed on vehicles belonging to any entity or individual other than the occupant or tenant.

C.

All repair and maintenance work shall be performed solely and entirely within an enclosed building.

D.

No major repair work, such as engine or transmission overhauls, and no bodywork or painting shall be performed.

(5)

Car washes provided that no washing or detailing services are conducted outside of the building.

(6)

Alternative energy facilities subject to the provisions of Chapter 1154.

(c)

Special Redevelopment Overlay Uses. On parcels or land where the buildings existing on the effective date of this chapter are removed or demolished, and where the property owner redevelops the site with new facilities under the provisions of Section 1129.04, such redevelopment may include retail stores as part of a mixed-use development, provided, however, that such retail uses shall not exceed fifty percent (50%) of the gross floor area of the development.

(Ord. 2018-94. Passed 10-21-19)

Buildings in existence prior to the effective date of this chapter shall comply with the following regulations regarding area, yards, and heights:

(a)

Area Regulations. The area of a lot occupied by a main use shall be a minimum of one acre with a minimum frontage of one hundred fifty feet (150'). The ground area occupied by all buildings shall not exceed forty percent (40%) of the total lot area. Not less than five percent (5%) of the total land area, exclusive of the required side yards, shall be developed as lawn or landscaped areas and shall be maintained in an orderly state.

(b)

Yard Regulations. Yards and building setbacks shall be maintained in accordance with the following provisions:

(1)

Front Yards. A front yard of not less than seventy-five feet (75') in depth shall be required for parcels or lots of less than two (2) acres in area. Parcels containing two (2) acres or more shall provide a front yard of not less than one hundred feet (100') in depth.

(2)

Side Yards. Each parcel or lot of less than two (2) acres in area shall have combined side yard widths of not less than fifty feet (50'), and no individual side yard shall be less than ten (10) feet in width. Parcels of two (2) or more acres shall have combined side yard widths of not less than eighty feet (80'), and no individual side yard shall be less than twenty feet (20') in width. Where adjoining a residential district or a public street, the side yard adjacent to such residential district or public street shall be not less than fifty feet (50') in width.

(3)

Rear Yards. Each parcel or lot shall have a rear yard of not less than forty feet (40') in depth. Where adjoining a residential district, the depth of the rear yard shall be not less than fifty feet (50').

(4)

Buffers and Screening. Commission may require the installation of a fence, wall, hedge or other suitable screening or planting in order to create a buffer area where a residential district adjoins or abuts a rear or side yard of this classification.

(5)

Use of Yards for Parking and Loading. Accessory off-street parking in a required front yard shall be permitted no closer than eleven (11) feet from the street right-of-way line. Accessory off-street parking shall be permitted in a required side or rear yard but located not less than three feet (3') from a side lot line and thirty feet (30') from a residential district line. Accessory off-street loading shall be permitted in a required side or rear yard but located not less than five feet (5') from a side lot line and fifty feet (50') from a residential district line.

(6)

Landscaping. All portions of required yards in which no off-street parking or loading spaces are permitted shall be developed as lawn or landscaped areas and shall be maintained in an orderly condition.

(c)

Height Regulations. Buildings shall not exceed a maximum of forty-two feet (42') in height, exclusive of towers, cornices or similar decorative features.

(Ord. 2018-94. Passed 10-21-19)

On parcels or land where the buildings existing on the effective date of this chapter are removed or demolished and the property owner redevelops the site with new facilities, such redevelopment shall comply with the following special redevelopment overlay provisions:

(a)

Area Regulations. The minimum area necessary to qualify as a redevelopment overlay project shall be two acres with a minimum frontage of one hundred fifty feet (150').

(b)

Yard Regulations. Yards, building setbacks, parking setbacks, and requirements for landscaping for redevelopment overlay projects shall be as approved by Commission as part of the approved final site development plan, provided, however, that no building or parking area shall be located closer than thirty feet (30') from a residential district boundary line. All yards shall be landscaped and maintained in accordance with an approved landscape plan.

(c)

Height Regulations. Redevelopment overlay buildings shall not exceed a maximum of six (6) stories and ninety feet (90') in height.

(Ord. 2018-94. Passed 10-21-19)

Off-street parking and loading facilities shall be provided in conformance with the provisions of Chapter 1144.

(Ord. 2018-94. Passed 10-21-19)

Light poles shall not extend more than thirty feet (30') in height above the finished grade of the parking area or walkway.

(Ord. 2018-94. Passed 10-21-19)

(a)

Enclosed Buildings. All permitted main and accessory uses shall be conducted wholly within enclosed buildings, including storage of all mobile equipment. However parking of cargo carriers in the process of loading or unloading and in required off-street loading spaces shall be permitted for a period not to exceed twenty-four (24) hours.

(b)

Fire and Explosive Hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls. All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved. All buildings shall be accessible to fire-fighting equipment and shall be in compliance with Part Fifteen the Fire Prevention Code.

(c)

Waste Materials. Liquid wastes other than storm water shall be discharged into the sanitary sewer system. A separate storm sewer system shall be provided to receive storm water. No wastes shall be discharged into any sewer system which is inimical to sewage treatment, nor shall any waste which is deleterious to the sewerage system or the sewage treatment process be discharged into any sewer system. Solid wastes shall be stored in buildings.

(d)

Toxic or Noxious Matter. Emission of toxic, noxious or corrosive fumes or gases, which would be demonstrably injurious to property, vegetation, animals or human health, shall not be permitted. Radioactive or electrical disturbances, which adversely affect any equipment at or beyond the boundaries of the lot, shall not be created.

(Ord. 2018-94. Passed 10-21-19)

Preliminary and final site development plans are required and shall be prepared for all proposed developments in a Class U-8 District. Site development plans shall be submitted to the Commission in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

This Chapter (Class U-8A District) is established, among other purposes, to control and regulate permitted uses in this district and other similar uses. The intent is to regulate and encourage limited manufacturing, research and development laboratories, office complexes and wholesale offices within close proximity to interstate transportation and developed in such a manner that all buildings will function as a unified high quality science and office park. The development standards are designed to ensure a park-like environment not only for the benefit of uses within the district but to protect and harmonize with the surrounding residential areas of the City.

(Ord. 2018-94. Passed 10-21-19)

(a)

Buildings and land in the Class U-8A District shall be used and buildings shall be designed, erected, altered or intended only for the uses specifically designated as Class U-8A uses in Section 1111.02; other similar harmonious and compatible uses may be determined by the Commission and approved by Council. No retail sales are permitted in this district.

(b)

Accessory uses related to the principal use of the building authorized in Section 1111.02 are permitted as follows:

(1)

Restaurants or lunchrooms, beauty and barber shops, mail services, blueprinting and other services found by the Commission to be similar, harmonious and compatible with the principal building use and which will not impair other permitted uses in the building. No accessory use or combination of accessory uses set forth in this subsection shall exceed twenty percent (20%) of the gross square footage of the building.

(2)

Parking areas and garages, loading areas, enclosed maintenance and storage facilities and antennas permitted in Section 1129.02.

(3)

Wireless telecommunications facilities subject to the following provisions:

A.

Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse shall not extend above the penthouse and shall be screened with panels or other screening devices designed to match the appearance of the penthouse wall and reduce visibility.

B.

Wireless telecommunications antennas, including dipole antennas over two inches (2") in diameter, and support structures mounted directly on the roof shall not extend higher than twenty feet (20') above the roof and shall be set back from the parapet or roof edge a minimum of one foot for each one foot in elevation above the top of the parapet. Dipole antennas which are two inches (2") or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three feet (3') above the top of said parapet wall. All such antennas shall be colored to minimize visibility.

C.

Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads of ninety (90) miles per hour.

D.

Where wireless telecommunications facilities are proposed to be located on a building where such facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the receipt or transmission of signals by the existing facilities.

E.

Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from the public right-of-way.

F.

A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03.

G.

The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Commission, otherwise applications for wireless telecommunications facilities shall be referred to the Commission for consideration.

(4)

Satellite dish antennas subject to Chapter 1153.

(5)

Car washes provided that:

A.

No washing or detailing activities are conducted outside of the building.

B.

There is no advertising or signage associated with the car wash.

C.

Washing is by hand only and no automated wash systems are used.

D.

The wash area does not exceed six hundred (600) square feet.

(Ord. 2018-94. Passed 10-21-19)

(a)

The ground area occupied by the buildings shall not exceed the following percentages of the total area of the lot: fifteen percent (15%) for a three-story (3) building; twenty-five percent (25%) for any building with less than three (3) stories but more than one (1) story; and thirty-five (35%) percent for a one-story (1) building.

(b)

All buildings shall be set back from any public street or highway at least one hundred feet (100'). However, all buildings with frontage on Richmond Road shall be set back at least two hundred feet (200').

(c)

Side and rear yards, where adjoining a residential district with no street intervening, shall be at least one hundred feet (100'); otherwise, side and rear yards shall be at least thirty-five feet (35'). An evergreen hedge or other planting or fence may be required by the Commission along property or street lines.

(d)

Height Regulations. Buildings shall not exceed forty-two feet (42'), exclusive of towers, cornices or similar decorative features.

(e)

The minimum lot area for any development under the U-8A District shall be two (2) acres with a minimum frontage on a public street of two hundred feet (200') in width.

(f)

Not less than ten percent (10%) of the total land area and all required yards in which no off-street parking is permitted shall be developed as lawn or planted area or maintained in an orderly wooded state.

(g)

In U-8A developments, portions of the front, side or rear yards may be used for parking according to the following schedule:

(Ord. 2018-94. Passed 10-21-19)

Off-street parking and loading facilities shall be provided in conformance with the provisions of Chapter 1144.

(Ord. 2018-94. Passed 10-21-19)

(a)

Driveways to buildings or parking areas shall be located at least two hundred feet (200') from a street intersection.

(b)

All permitted uses shall be performed wholly within enclosed buildings. All goods, raw materials, equipment and waste materials shall be used or stored within buildings.

(c)

Areas bordering upon buildings shall be planted with ground cover, trees, shrubs or hedges and maintained to produce a park-like effect. Parking setbacks and other undeveloped areas of the property shall be graded, seeded and maintained as a lawn or wooded in an orderly natural state and shall be included in a landscape plan.

(d)

The premises shall be maintained in an orderly, neat, clean and sanitary condition. Lawns shall be kept mowed and trimmed and planting and trees shall be maintained and trimmed according to reasonable landscaping principles.

(e)

Where a U-8A zoning classification or use is contiguous to or across the street from any residential zone or use, Commission shall require special landscaping, buffering or mounding as is necessary for appropriate separation and screening.

(f)

Operations, experiments, manufacturing and other uses shall be regulated so as to comply with the following performance standards at the nearest street or property lines:

(1)

Noxious, toxic or corrosive fumes or gases shall not be emitted which would be injurious or detrimental to persons, property or vegetation or be discernible to the sense of smell.

(2)

No deleterious, corrosive, toxic or explosive wastes or other similar materials shall be discharged into any sanitary or storm sewer or natural watercourse or onto the ground.

(3)

Glare or brightness caused by the operations or illumination of buildings or grounds shall be shielded so as not to be objectionable or hazardous to owners or users of adjacent property or public streets.

(4)

Electrical disturbance shall not be created that would adversely affect the operation of sound, radio or television equipment in any building in the vicinity.

(5)

Noise or vibrations created shall not interfere with the life, health, safety and welfare of persons or property in any building in the vicinity.

(Ord. 2018-94. Passed 10-21-19)

A preliminary and final site development plan shall be prepared for all types of proposals for developments in a Class U-8A District and submitted to the Commission in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

It is the intent of this Chapter (Class U-9 Districts) to provide for Motor Service Districts on major roads in the immediate vicinity of freeway interchanges to serve the needs of through and local motorists. Motor Service Districts are intended to accommodate a mixture of office and travel oriented uses.

(Ord. 2018-94. Passed 10-21-19)

Buildings and land in a Class U-9 District shall be designed, created, altered or intended only for the uses specifically designated as Class U-9 uses in Section 1111.02 and for the accessory uses set forth below except that other similar, harmonious and compatible uses may be permitted, provided the Commission determines and Council confirms that they conform to the above statement of intent and are similar as to their effect upon surrounding uses, and with regard to hours of operation and amount of traffic generated. The Commission and Council may attach such conditions, stipulations, and/or requirements to the approval of such similar uses as deemed necessary to ensure their compatibility, mitigate potential impacts, and otherwise carry out the spirit and intent of this Code.

(a)

Accessory Uses.

(1)

Off-street parking.

(2)

Service stations may sell sundry items and snack food.

(3)

Motel and hotel swimming pools and recreation facilities.

(4)

Signs.

(5)

Temporary special event sales held at a hotel provided that:

A.

Such special event sales shall be conducted solely in the common areas and meeting facilities of the hotel;

B.

No displays or sales associated with such special events shall take place in individual bedroom units; and

C.

A special event sale permit is obtained from the Safety Director and Building Commissioner prior to the event.

(6)

Industrial and/or retail trade shows or events held at a hotel which may include displays, presentations, and related activities provided that:

A.

Such events shall be conducted solely in the common areas and meeting facilities of the hotel;

B.

No displays, presentations, or other related activities shall take place in individual bedroom units; and

C.

A special event permit is obtained from the Safety Director and Building Commissioner prior to the event.

(7)

Charitable events with the approval of the Mayor.

(8)

Wireless telecommunications facilities subject to the following provisions:

A.

Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse shall not extend above the penthouse and shall be screened with panels or other screening devices designed to match the appearance of the penthouse wall and reduce visibility.

B.

Wireless telecommunications antennas, including dipole antennas over two inches (2') in diameter, and support structures mounted directly on the roof shall not extend higher than twenty feet (20') above the roof and shall be set back from the parapet or roof edge a minimum of one foot (1') for each one foot (1') in elevation above the top of the parapet. Dipole antennas which are two inches (2") or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three feet (3') above the top of said parapet wall. All such antennas shall be colored to minimize visibility.

C.

Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads of ninety (90) miles per hour.

D.

Where wireless telecommunications facilities are proposed to be located on a building where such facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the receipt or transmission of signals by the existing facilities.

E.

Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from the public right-of-way.

F.

A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03.

G.

The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Commission, otherwise applications for wireless telecommunications facilities shall be referred to the Commission for consideration.

(9)

Satellite dish antennas subject to Chapter 1153.

(10)

Automobile agencies with new and used vehicle sales and service may display vehicles for sale within the front setback in accordance with the following provisions:

A.

Vehicles displayed within the front setback shall be placed on permanent vehicle display pads or structures designed and landscaped for that purpose and approved by the Commission.

B.

The number of vehicles displayed within the front setback shall be as authorized and approved by the Commission, but in no case shall exceed a maximum of four (4) vehicles.

C.

Vehicle display pads and/or structures shall be located not less than ten feet (10') from the street right-of-way line and the placement of vehicles shall not obstruct clear sight distance for motorists on the public right-of-way as determined by the Police Chief.

D.

Displayed vehicles may be illuminated with permanent lighting as approved by the Building Commissioner provided such lighting is shielded from the public right-of-way and does not exceed a total of one hundred fifty (150) watts per vehicle display.

E.

The maximum height of any vehicle display pad or structure shall not exceed three feet (3').

(Ord. 2018-94. Passed 10-21-19)

Buildings in Class U-9 Districts shall have a height of not more than sixty feet (60'), exclusive of towers, cornices or similar features.

(Ord. 2018-94. Passed 10-21-19)

(a)

Every lot occupied by a main building or use shall comply with the lot area, lot width, percentage of lot coverage by the building and the landscaped areas as follows:

(b)

Each lot shall have landscaped areas which shall be part of any lot which is not covered by buildings, accessory uses, drives and parking lots. The landscaped areas shall be developed and maintained as lawns, along with trees and shrubs, or maintained in a natural state.

(c)

The lot area occupied by a motel or hotel shall not be less than set forth in the above schedule, or not less than one thousand three hundred (1,300) square feet for each lodging unit, whichever is greater. Each lodging unit shall be comprised of at least two hundred fifty (250) square feet of floor area and shall not contain more than two (2) sleeping rooms. Kitchen and/or cooking facilities are prohibited unless the site development plan for the building demonstrates the location of such kitchens and/or cooking facilities, and the Commission accepts the proposed plan, specifically approving the size and location of the kitchen and cooking facilities as an accessory use, prior to the construction of the building. There shall be no kitchens or cooking facilities as an accessory use to any hotel or motel not designed and approved in accordance with these Codified Ordinances.

(Ord. 2018-94. Passed 10-21-19)

(a)

Front, side and rear yards shall be provided on every lot in a Class U-9 District in accordance with the following schedule:

(b)

Any accessory parking or service area shall be physically separated from the street by a curb and planting strip or other suitable barrier to prohibit unchanneled motor vehicle access, except onto accessways as hereinafter set forth.

(c)

Every required yard in which no off-street parking or loading spaces are permitted and any additional required landscaped open areas as required in Section 1131.04 shall be developed as lawn or planted areas or maintained in a natural state. The Commission shall require from each applicant for its approval a plan depicting the design of the installation of a fence, wall, hedge or other suitable screening or planting in order to create a buffer area where a residential district adjoins or abuts a rear or side yard of this classification.

(Ord. 2018-94. Passed 10-21-19)

Off-street parking and loading facilities shall be provided in conformance with the provisions of Chapter 1144.

(Ord. 2018-94. Passed 10-21-19)

(a)

Whenever a U-9 District is located adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face residentially zoned property by an acceptably designed wall, fence, mound or planting screen. Such wall, fence, mound or planting screen shall be not less than six feet (6') in height and shall be maintained in good condition.

(b)

Required yard areas shall be landscaped in accordance with a landscape plan as approved by the Commission and shall be maintained in good condition.

(c)

Dumpsters and/or garbage collection facilities shall be enclosed by a solid wall or fence at least six feet (6') in height and constructed of materials which are compatible in type, texture, style, and color with the main building, and such facilities shall not be located in required setbacks.

(d)

All buildings shall have appropriate foundation plantings, installed in conformance with an approved landscape plan, which complement the architectural treatment and provide for year round interest.

(e)

At least ten percent (10%) of the area within the boundary of a parking area designed for more than fifty (50) car spaces shall be developed as planted islands with minimum dimensions of ten feet (10') and designed to interrupt the expanse of paving area.

(f)

Not less than five percent (5%) of the total land area, exclusive of the side yards and parking islands, shall be developed as lawn or planted areas, or be maintained in a natural state, and in addition thereto, all portions of required yards in which no off-street parking is permitted, shall be developed as lawn or planted areas or maintained in a natural state.

(Ord. 2018-94. Passed 10-21-19)

Preliminary and final site development plans are required and shall be prepared for all proposed developments in a Class U-8 District. Site development plans shall be submitted to the Commission in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

This chapter (Class U-10 District) is established, among other purposes, to create jobs, to create taxable land for the benefit of the City, the School District, the County and other taxing districts and to encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of mutually supported commercial, industrial and retail uses.

The general purposes of this Planned Unit District (PUD) are served by the following basic principles:

(a)

Comprehensive planning of large tracts of land promotes the creation of jobs, providing opportunities for the integration of various development projects and clearly identifiable growth centers in a region.

(b)

Comprehensive planning and different types of uses can be successfully integrated and provide functional convenience and efficiency in the provision of public services and infrastructure.

(c)

Comprehensive planning and integrated design with higher densities of development than are otherwise permitted in this Code can be accommodated in a PUD without loss of environmental or other quality. The general benefits of higher density include greater productivity of land, more efficient utilization of transportation and utilities, more convenient access between different developments, the potential for higher development returns that can be channeled towards provision of higher level pedestrian and open space amenities, and a concentration within a limited area of the critical mass of people necessary to support varied uses.

(d)

Comprehensive planning and integrated design of large tract of land allow for better detailed definition and administration of architectural and landscape design controls.

The advantages of comprehensively planned and designed mixed-use development cannot be achieved by the standard application of existing zoning laws for individual type uses. The Class U-10 District, therefore, is a combination zoning classification, providing for a variety of development types under special developmental standards that are only applicable to the uses in this district.

(Ord. 2018-94. Passed 10-21-19)

(a)

Buildings and land in the Class U-10 District shall be used and buildings shall be designed, erected, altered or intended only for the uses specifically designated as Class U-10 uses in this section or in Section 1111.02, except that other uses determined to be similar, harmonious and compatible may be authorized by the with the concurrence of Council. The Commission and Council may attach such conditions, stipulations or requirements to the approval of such similar uses as deemed necessary to ensure their compatibility, to control potential impacts, and to otherwise carry out the intent of this Code.

(b)

The following accessory uses shall be permitted provided they are incidental and subordinate to a principal permitted use and that they are planned and developed in conjunction with a main building:

(1)

Parking as provided in Section 1132.04.

(2)

Signs as provided in Section 1108.03.

(3)

Wireless telecommunications facilities subject to the following provisions:

A.

Wireless telecommunications facilities shall only be permitted as an accessory use provided such facilities are located on the roof of the building containing the principal permitted use. Antennas may be mounted on the walls of a penthouse, except where the exterior wall of the penthouse is flush with the exterior wall of the building. Antennas, other than dipole or omni-directional antennas, which are mounted on a penthouse, shall not extend above the penthouse and shall be screened with panels or other screening devices designed to match the appearance of the penthouse wall and reduce visibility.

B.

Wireless telecommunications antennas, including dipole antennas over two inches (2") in diameter, and support structures mounted directly on the roof shall not extend higher than twenty feet (20') above the roof and shall be set back from the parapet or roof edge a minimum of one foot (1') for each one foot (1') in elevation above the top of the parapet. Dipole antennas which are two inches (2") or less in diameter may be attached to the rear (inside) of the parapet wall provided such antennas do not extend more than three feet (3') above the top of said parapet wall. All such antennas shall be colored to minimize visibility.

C.

Roof mounted wireless telecommunications facilities shall be designed to withstand wind loads of one hundred fifteen (115) miles per hour.

D.

Where wireless telecommunications facilities are proposed to be located on a building where such facilities already exist, the applicant shall provide assurances that the proposed facilities will not interfere with the receipt or transmission of signals by the existing facilities.

E.

Equipment cabinets, switching equipment, cables, and other devices associated with wireless telecommunications facilities which are located on roofs shall be screened from view from the public right-of-way.

F.

A building permit shall be required for the installation of each wireless communications facility. The building permit fee for wireless communications facilities shall be as set forth in Section 1329.03.

G.

The Building Commissioner may, where it is determined that proposed wireless telecommunications facilities comply with all of the criteria set forth herein, issue a permit for the installation of such facilities without referral to the Commission, otherwise applications for wireless telecommunications facilities shall be referred to the Commission for consideration.

(4)

Satellite dish antennas subject to Chapter 1153.

(5)

Other accessory uses as specifically authorized by the Commission provided such accessory uses are planned and developed integrally with the main building and that the total floor area of all accessory uses does not exceed twenty percent (20%) of the gross floor area of the main building.

(Ord. 2002-31. Passed 4-15-02; Ord. 2018-94. Passed 10-21-19; Ord. No. 2022-88. Passed 9-19-22)

(a)

Ground Area. The minimum lot size shall be three (3) acres, except for restaurants which shall be one (1) acre.

(b)

Schedule.

(1)

Ground coverage of buildings.

(2)

Parking garage. From five feet (5') to ten feet (10') above ground shall be counted as five percent (5%) ground coverage. Less than five feet (5') above ground shall not be counted. Above ten feet (10'), the ground area of the structure shall not be calculated as building coverage, provided that an area equal to the ground area of the parking structure is maintained as landscaping in addition to other required landscaping.

(c)

Setbacks. All buildings shall be set back from a public street or highway as follows:

(d)

Side and Rear Yards. Side and rear yards shall be one half the height of the building but not less than a minimum of ten (10) feet. Where adjoining a residential district, such yard shall be a minimum of one hundred feet (100'). No parking or driveway shall be permitted in one-half of such yard adjoining a residential district. The Commission shall determine the landscaping, mounding, screening or fencing for the protection of the residential district.

(e)

Height of Buildings. Building height shall not exceed one hundred fifty feet (150') exclusive of towers, cornices or other features which may be approved by the Commission.

(Ord. 2018-94. Passed 10-21-19; Ord. No. 2022-88. Passed 9-19-22)

Parking setbacks shall be as follows:

(Ord. 2018-94. Passed 10-21-19)

(a)

Driveway curb cuts to a public street shall be located at least three hundred feet (300') apart and not less than two hundred feet (200') from a street intersection. The Commission may require that an entrance and exitway into a street be in one direction only. Fire lanes shall be a minimum of eighteen feet (18') where required and approved by the Commission.

(b)

All permitted uses shall be contained wholly within an enclosed building. All goods, raw materials, equipment and waste materials shall be used or stored within buildings. The Commission may permit an accessory structure on the lot to contain waste material awaiting pick up. Such structure must be approved by the Commission, including design, materials and screening.

(c)

All uses shall be regulated to comply with the following performance standards at the nearest street or property line:

(1)

Noxious, toxic or corrosive fumes or gases shall not be emitted which would be injurious or detrimental to persons, property or vegetation or which would be discernible to the sense of smell.

(2)

No deleterious, corrosive, toxic, explosive or other environmentally hazardous material or waste shall be discharged into any sanitary or storm sewer or natural watercourse, or into the air or ground.

(3)

Electrical disturbances shall not be created that would adversely affect the operation of sound, radio, television or computer equipment in any way.

(4)

Noise or vibrations which are incidental to the use in any building shall not interfere with the life, health, safety and welfare of persons or property.

(Ord. 2018-94. Passed 10-21-19; Ord. No. 2022-88. Passed 9-19-22)

(a)

Not less than twenty percent (20%) of the total land area of a lot and all required yards on which no off-street parking is permitted shall be developed as lawn or landscaped areas or maintained in a naturally wooded state.

(b)

Not less than ten feet (10') of area bordering buildings, except for entrance ways, shall be planted with ground cover, trees, shrubs, hedges or other landscaping to maintain a park-like effect. Where it deems appropriate, the Commission may reduce this standard. Parking setbacks and other undeveloped areas of the park shall be graded and maintained as a lawn or wooded area in an orderly natural state and shall be included in the landscape plan.

(c)

Landscaping, driveways and other permitted uses shall at all times be maintained in an orderly, neat, clean, sanitary and structurally sound condition, and all buildings, driveways or other structures shall be repaired in order to maintain substantially their original appearance and condition to prevent blight and unsightliness. Lawns and other landscaping shall be maintained in accordance with acceptable landscaping principles.

(d)

Where a Class U-10 District or use is contiguous to or across the street from a residential zone or use, the Commission may require special landscaping, buffering, mounding or fences as the Commission finds necessary for appropriate separation, screening, and protection.

(Ord. 2018-94. Passed 10-21-19; Ord. No. 2022-88. Passed 9-19-22)

A preliminary and final site development plan shall be prepared for all types of proposals of developments in a Class U-10 District. Such plan shall designate which uses are requested and shall be submitted to the Commission for its approval in accordance with the provisions of Chapter 1108.

(Ord. 2018-94. Passed 10-21-19)

(a)

A building shall not be closer than one-half (½) the height of the taller building adjoining it in any direction. Where the Commission permits, buildings may have common walls under separate ownership. There shall be a minimum distance of twenty feet (20') between buildings when developed as a complex, with the approval of the Commission.

(b)

Uses listed in Section 1111.03 are prohibited.

(Ord. 2018-94. Passed 10-21-19;Ord. No. 2022-88. Passed 9-19-22)