Bedford Heights City Zoning Code

TITLE NINE

Zoning Code; Non-Residence Districts

1151.01 INTENT.

The General Business (GB) and Shopping Center (SC-1) districts and their regulations are established herein in order to achieve, among others, the following purposes:

(a) To provide appropriate and convenient locations of sufficient size for the exchange of goods and services and other business activities.

(b) To provide retail business districts, which may be open in evenings, that serve the need for shopping and convenience goods and services for the entire community.

(c) To accommodate a variety of retail and service commercial uses serving the community and surrounding trade area in locations where convenient and efficient access is provided.

(d) To protect adjacent residential neighborhoods by regulating the types and spacing of business uses, particularly at the common boundaries, which would create hazards, noise, odors or other or other objectionable influences.

(e) Shopping Center District (SC-1). The Shopping Center District is established in order to provide regulations for areas requiring large amounts of land and involving uses generating large volumes of traffic and serving the shopping needs of a large area. (Ord. 2023-029. Passed 4-18-23.)

1151.02 USE REGULATIONS.

(a) Use Schedule Summary. Schedule 1151.02 (d) sets forth the uses allowed in the General Business and Shopping Center Districts. The abbreviations used in the Schedule indicate the following:

(1) Uses Permitted By Right. A "P" in a cell indicates that the use is allowed by-right as a principal use in the respective district.

(2) Conditional Uses. A "C" in a cell indicates that the use is regulated as a conditional use. The use is permitted in the respective district only after an applicant receives Conditional Use approval pursuant to Chapter 1137.

(3) Accessory Uses. An "A" in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal, restricted, or conditional use listed in Schedule 1151.02(d).

(4) Restricted Uses. An “R” in a cell indicates that the use is permitted by right in the districts in which they are listed, provided that they comply with the Use-Specific Standards in Chapter 1171. If compliance with the Use-Specific Standards is not possible, the use shall be considered as a Conditional Use.

(5) Blank Cell. A blank cell in a District column indicates that the use is not allowed in that zoning district.

(b) Compliance with Standards. Although a use may be indicated as a permitted use in a particular district, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question, including but not limited to any supplemental use-specific standards crossreferenced in Schedule 1151.02 (d).

(c) Organization of Use Table. In the Use Schedule, land uses are classified into general use categories and specific uses based on common physical or functional characteristics, such as type of dwelling unit, amount of activity generated by the use, and site conditions. Whenever a standard or reference is made to a general use category throughout this code, it shall include the specific uses in that category.

(d) Schedule 1151.02 (d) Permitted Uses. Schedule 1151.02 (d) sets forth the uses allowed in the General Business and Shopping Center Districts. The abbreviations used in the Schedule are defined in 1151.02 (a).

Schedule 1151.02 (d) Use Regulations
	General Business GB	Shopping Center SC-1	Use-Specific Standards
(1) Office/Professional Services
A. Banking; financial institution	P	P
B. Conference Center	P	P
C. Medical/Dental Clinic; Urgent Care	P
D. Offices - administrative/professional	P	P
E. Offices - medical/dental	P	P

Schedule 1151.02 (d) Use Regulations
	General Business GB	Shopping Center SC-1	Use-Specific Standards
(2) Retail/Personal Services
A. Animal hospital/veterinary clinic with or without outdoor runs and kennels	R		1171.03 (a)
B. Antique establishment	P	P
C. Artist studio	P
D. Brewpub	C	C	1171.03 (e)
E. Day care center, adult	C		1171.03 (l)
F. Day care center, child	C		1171.03 (m)
G. Experiential retail establishment	P	P
H. Funeral homes, mortuaries excluding crematories	P
I. Home improvement center	R		1171.03 (q)
J. Personal service establishment	P	P
K. Restaurants	P	P
L. Retail Establishments	P	P
M. Retail, large format		P
N. Second-hand establishment	R		1171.03 (dd)
(3) Entertainment/Recreation
A. Assembly hall	P	P
B. Health club	P	P
C. Indoor commercial recreation	R	P	1171.03 (h)
D. School, specialty/personal instruction	P	P
E. Membership club	P	P
(4) Governmental/Community Facilities
A. Congregate care facility/nursing home/ assisted living facility	P
B. Cultural Institution	P	P
C. Library	P
D. Public safety facility	R		1171.03 (aa)
E. School (public/private) college/ university	P	P
F. School (public/private), elementary/ secondary	P	P
G. Vocational and trade school	P	P

Schedule 1151.02 (d) Use Regulations
	General Business GB	Shopping Center SC-1	Use-Specific Standards
(5) Industrial
A. Artisan industrial	R		1171.03 (b)
B. Contractor’s facility	R		1171.03 (j)
C. Research and development facilities	P
D. Office Warehouse/Flex Space	R		1171.03 (x)
E. Wholesale establishments	P
F. Manufacturing, light	R		1171.03 (s)
(6) Vehicles and Equipment
A. Automobile fueling stations	C		1171.03 (d)
B. Automobile service stations	C		1171.03 (d)
C. Car wash	C		1171.03 (g)
D. Drive-thru facility	C		1171.03 (o)
E. Freestanding drive-thru facility	C		1171.03 (o)
F. Motor vehicle sales and leasing	C		1171.03 (u)
(7) Accessory Uses
A. Electric vehicle charging stations	A	A
B. Outdoor dining in association with a principal permitted use	A	A	1151.06 (c)
C. Outdoor storage of general materials in association with a principal permitted use	A	A	1151.06 (a)
D. Outdoor overnight storage of fleet vehicles and equipment in association with a principal permitted use	A	A	1151.06 (a)
E. Outdoor sales/display in association with a principal permitted use		A	1151.06 (b)
F. Outdoor unattended charitable donation bins	A	A	Chapter 1130
P = Principal Permitted By-Right Use R=Restricted Use C=Conditional Use A = Accessory Use Blank Cell = Not Permitted

(e) Similar Uses. See Section 1133.02 (b)(15).

(Ord. 2023-029. Passed 4-18-23.)

1151.03 DEVELOPMENT STANDARDS.

The development standards for permitted uses in the General Business and Shopping Center Districts are set forth below. See Chapter 1171, Specific-Use Regulations, for development regulations for Conditional and Restricted Uses.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the General Business and Shopping Center Districts are set forth in Schedule 1151.03(a).

Schedule 1151.03 (a) Lot Requirements in the General Business and Shopping Center Districts
	General Business GB	Shopping Center SC-1
(1) Minimum lot area	None	12 acres
(2) Minimum lot width	50 feet	200 feet
(3) Maximum lot coverage	85%	70%

(b) Building and Parking Setback Requirements. Every permitted use of land and its associated principal building and accessory parking shall be located on a lot to comply with the required setbacks set forth in Schedule 1151.03(c) for the zoning district in which the lot is located.

(1) Determining Front Setback. Each lot shall maintain the minimum or maximum front setback measured from the street right of way.

(2) Corner Lots. A corner lot shall comply with the front setback for each side facing and adjacent to a street right of way.

(3) Obstructions in the Setback. The area within each setback shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1151.03 (c) Building and Parking Setback Requirements
	General Business GB	Shopping Center SC-1
(1) Minimum Front Setback (from public street rights-of-way)	NA	35 feet
(2) Maximum Front Setback (from public street rights-of-way)	50 feet	NA
(3) Minimum Setback Abutting Nonresidential Districts and the R-3 District	None	25 feet(a)
(4) Minimum Setback Abutting Residence Districts, except R-3	50 feet	50 feet
(5) Minimum Off-Street Parking Area Setback
A. Public Rights-of-Way	10 feet	35 feet
B. Residential Districts	10 feet	50 feet
C. All Other Lot Lines	10 feet	10 feet
NA = Not applicable (a) No setback shall be required for abutments to highway limited access areas and to parcels in the same zoning district.

(d) Height Regulations. Buildings and structures shall comply with the height limitations in Schedule 1151.03(d) for the zoning district in which the lot is located.

Schedule 1151.03 (d) Height Regulations in the General Business and Shopping Center Districts
	General Business GB	Shopping Center SC-1
(1) Maximum Building Height	35 feet	45 feet
(2) Maximum Height of Accessory Building/ Structure	20 feet	20 feet

(Ord. 2023-029. Passed 4-18-23.)

1151.04 REQUIRED DESIGN STANDARDS.

(a) Purpose. The buildings in the City’s General Business District contribute Bedford Heights’ built environment and influence the character of the community. Enhancing the quality and compatibility of these buildings is of utmost importance. The standards set forth below are intended to achieve among others the following purposes:

(1) To strengthen, enhance, and improve the existing visual and aesthetic character of the General Business District;

(2) To protect and enhance property values; and,

(3) To provide guidelines for property owners, architects, and contractors to aid in the preparation of appropriate plans.

(b) Applicability of Regulations. In addition to the development standards set forth in Section 1151.03, the design standards set forth in Schedule 1151.04 (c) shall apply to the exterior appearance and design of all new construction and building renovations in the GB, General Business District.

(1) The Board of Architectural Review may grant an exemption from these standards when the exterior building modifications are minor in nature, meaning the design modifications will have no discernable impact on neighboring properties, the public, the public right-of-way, or those intended to occupy or use the proposed development.

(2) The Board of Architectural Review may grant an exception or modification to the Design Standards in Schedule 1151.04(c) if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot, or due to the location or design of existing structures and other site or building features, the application of the design standards would be unreasonable. The Design Review Board may grant a complete exception from the standard, or it may modify the standard in view of the peculiarities of the site or building. Any modification of the standard shall be considered an "exception." In determining whether to grant an exception, the Plan Commission shall consider:

A. The purposes of the Zoning District;

B. The intent of the guideline from which the exception is requested; and,

C. Whether the intent of the standard may be met by an alternate means.

(c) Schedule 1151.04(c) Design Standards. The design standards set forth in Schedule 1151.04(c) shall apply to the exterior appearance and design of all new construction and building renovations in the GB, General Business District.

Schedule 1151.04(c)

Required Design Standards in the General Business District

(1) Buildings and principal building entrances shall be oriented toward the public street to contribute to a dynamic pedestrian and street environment.

(2) Any part of the building that is visible from a private right-of-way, public circulation area, public parking area, or public street shall have no more than six (6) feet of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays, or an undulation of the building so that a pedestrian scale, rhythm, and visual interest is created. In no case shall a continuous wall length be devoid of windows for more than twenty (20) feet.

(3) The pattern of architectural features, such as windows and doors, shall be placed upon the facade of a building in a pattern that creates a building fenestration that has a constant rhythm, a harmonious appearance, and is proportional to one another and surrounding buildings, if applicable.

(4) First floor windows shall permit view of the interior of the building. Windows shall remain transparent and shall not be blocked in any manner except for permitted temporary window signage.

(5) Buildings shall have finish materials on all sides. Cinder blocks and vinyl siding shall not be used on any facade, and brick shall not be painted. Existing painted brick may be repainted as needed for ordinary maintenance.

(6) A combination of materials, textures, colors, and finishes shall be utilized to create visual interest. The building color palette should include one primary earth tone or neutral color with several accent colors.

(7) Facade openings, including windows and colonnades, shall be vertical in proportion.

(8) Facades may be supplemented by awnings, which shall be straight sheds without side flaps, but shall not be cubed or curved.

(9) Materials within ten (10) feet of the ground or the sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic. If “dry vit” or E.I.F.S is used as an exterior building material, impact resistant E.I.F.S., as classified by EIMA (EIFS Industry Members Association), shall be used on all wall areas within ten (10) feet of the ground or sidewalk.

(10) All roof top equipment shall be concealed in building materials that match the structure or shall be painted to be visually compatible with the structure.

(d) Illustrative Examples of Appropriately Designed Buildings in the General Business District.

	A combination of materials, textures, colors, and finishes shall be utilized to create visual interest. First floor windows shall permit view of the interior of the building. Windows shall remain transparent and shall not be blocked in any manner except for permitted temporary window signage.
	Facades may be supplemented by awnings, which shall be straight sheds without side flaps, but shall not be cubed or curved. Buildings and principal building entrances shall be oriented toward the public street to contribute to a dynamic pedestrian and street environment. *Facade openings, including windows and colonnades, shall be vertical in proportion.
	The pattern of architectural features, such as windows and doors, shall be placed upon the facade of a building in a pattern that creates a building fenestration that has a constant rhythm, a harmonious appearance, and is proportional to one another and surrounding buildings, if applicable. Materials within ten (10) feet of the ground or the sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic.

(Ord. 2023-029. Passed 4-18-23.)

1151.05 OFF-STREET PARKING REGULATIONS.

Off street parking lots shall comply with Chapter 1181, Off-Street Parking and Loading

Regulations, and the parking requirements below:

(a) Off-Street Parking Areas in the General Commercial District. Off-street parking areas should be located to the rear or side of the principal building on the lot and no closer to the right-of-way line than the facade of the largest principal building on the lot. Below is an example of the appropriate siting of off-street parking areas:

(b) Cross Access to Off-Street Parking Lots. Parking lots in the GB and SC-1 Districts shall be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible. Permanent cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be submitted in language acceptable to the City's Law Director and the Planning Commission.

(c) Setbacks for Joint Parking Facilities. When cross access between two parking areas is required or provided, the parking setback shall not be required for the opening that accommodates the drive aisle, but it shall be required in all other areas that abut the shared property line. When shared parking, which spans the mutual property line, is required or provided, the parking setback is not required to be provided.

(d) Landscaping within the Parking Setback. The area within the parking setback shall be landscaped in accordance with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(e) Landscaping Off-Street Parking Areas. The off-street parking area shall be landscaped and screened in accordance with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(f) A masonry wall, fence or hedge, six (6) feet in height, and landscaped ground cover shall be required between parking areas and a side or rear lot line of a Residence district.

(g) Loading and Service Areas.

(1) Loading and service areas in the General Business and Shopping Center Districts shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent residential uses.

(2) Loading and service areas shall comply with the applicable parking setback set forth in this Chapter and shall be screened in accordance with the provisions set forth in Section 1187.07, Screening of Accessory Uses and Structures. Loading and service areas utilized between the hours of 9:00 p.m. and 6:00 a.m. shall comply with sub-section 1151.07 (i), Night Operation.

(Ord. 2023-029. Passed 4-18-23.)

1151.06 REGULATIONS FOR OUTDOOR ACTIVITIES.

Outdoor activities permitted in the General Business and Shopping Center Districts are set forth in Schedule 1151.02 (d), Use Regulations, and shall be permitted only when accessory to a principal permitted, restricted, or conditional use in compliance with the regulations in this Section.

(a) Outdoor Storage. The outdoor, overnight storage of general materials, fleet vehicles, and equipment shall comply with the following:

(1) Outdoor storage of materials, fleet vehicles, and equipment shall only include the storage of goods, materials, equipment or products customary associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.

(2) All outdoor storage of goods, materials, fleet vehicles, and equipment shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at grade level. However, in no case shall the height of the fence or wall be less than six (6) feet. The solid wall or fence and the associated gates shall be maintained in good condition. No barb or razor wire shall be permitted.

(3) All outdoor storage shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.

(4) Areas devoted to outdoor storage shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the outdoor storage is located on a corner lot. Enclosed storage areas devoted to outdoor storage shall be setback fifty (50) feet from any property boundary that abuts a Residence Districts, except the R-3 District. In no case shall the side and rear setback of the enclosed area be less than ten (10) feet.

(5) All equipment and fleet vehicles shall be in an operable state. In no case shall inoperable equipment and vehicles be stored overnight.

(6) Any proposed outdoor storage areas shall be approved as part of a development plan review in accordance with Chapter 1131.

(b) Outdoor Sales and Display. When permitted in Schedule 1151.02 (d), the outdoor display of merchandise for sale, except vehicle sales and leasing establishments, shall comply with the following:

(1) Outdoor display of merchandise for sale shall be limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location.

(2) The area of the lot devoted to outdoor display shall not exceed fifteen percent (15%) of the ground floor area of the building(s) on the lot. The Plan Commission may grant an exception to this requirement when the ground floor area is 5000 square feet or less.

(3) The outdoor display area shall not be located in areas intended for traffic and pedestrian circulation or parking as identified on the development plan.

(4) Any proposed outdoor display areas shall be approved as part of a development plan review in accordance with Chapter 1131.

(5) The outdoor display and sales areas shall be maintained in good order and appearance.

(6) The outdoor sales and display area shall not be located within the required building setbacks for the district in which the use is located.

(c) Restaurant, Outdoor Dining. Restaurants shall be permitted to operate outdoor dining on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired. The following standards shall apply to outdoor eating areas:

(1) If outdoor dining is proposed to be in the public right-of-way, a permit shall be obtained from the Mayor before a Certificate of Zoning Compliance is issued.

(2) Planters, fencing, or other devices shall be used as a way of defining the area occupied by the outdoor dining.

(3) Extended awnings, canopies, or large umbrellas shall be permitted if located to provide shade or cover.

(4) The operators of outdoor dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of cafe activity.

(5) The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.

(Ord. 2023-029. Passed 4-18-23.)

1151.07 PERFORMANCE STANDARDS.

Every use shall comply with the following performance standards as well as any other applicable performance standards in this Code.

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, restricted, conditional, or accessory use shall either be disposed of, stored in buildings, or held for removal in completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the applicable minimum parking setbacks set forth in this Chapter and shall be screened in accordance with the provisions set forth in Chapter 1187, Landscaping, Screening & Lighting Regulations.

(b) Lighting. The placement, orientation, light distribution patterns and fixture types of outdoor lighting shall comply with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(c) Enclosure. All uses and operations, except off street parking and loading facilities, shall be operated and performed within an enclosed building, unless otherwise specifically permitted.

(d) Advertising Vehicle Signs. Advertising vehicle signs are prohibited.

(e) Liquid Wastes. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water or a sewer, unless treated so that the amount of solid substances, oils, grease, acids, alkalies and other chemicals shall not exceed the amounts allowed by other codes or regulations of the City.

(f) Compliance with the Fire Prevention Code. Storage of all materials in yards or buildings must comply with the Fire Prevention Code of the City and all parts shall be accessible to firefighting equipment.

(g) Use Must Be Nonobjectionable. All operations shall be of a type that will not disseminate dust, smoke, fumes, heat, glare, noxious odors or vibrations beyond the premises, nor shall they possess other characteristics equally as objectionable.

(h) Noise Control. Noise shall be muffled so as not to become objectionable due to intermittent beat frequency or shrillness. Noise may equal but not exceed the average intensity of street traffic noise at the nearest Residence District line.

(i) Night Operation. No building customarily used for night operation shall have any openings, other than stationary windows or required fire exits, within 100 feet of any Residence district and any space used for loading or unloading of commercial vehicles in connection with such operation shall not be within fifty (50) feet of any Residence district.

(j) Outdoor Vending Machines. There shall be no outdoor vending machines visible from a public street.

(k) Outdoor Unattended Charitable Donation Bins. Outdoor Unattended Charitable Donation Bins shall comply with the regulations in Chapter 1130, Regulation of Outdoor Unattended Charitable Donation Bins.

(Ord. 2023-029. Passed 4-18-23.)

1151.08 TEMPORARY USES.

No floodlights, searchlights, loudspeakers, party tents, mobile food vendors, or similar features shall be erected, installed or used except upon and under authority of a temporary permit issued by the Mayor.

(Ord. 2023-029. Passed 4-18-23.)

1151.09 ACCESSORY BUILDINGS.

Accessory buildings that have a gross floor area of 200 square feet or less may be located in a side or rear yard and shall comply with the applicable parking setbacks set forth in Schedule 1151.03 (c). All other accessory buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review for the appropriate zoning district.

(Ord. 2023-029. Passed 4-18-23.)

1151.10 LANDSCAPING, SCREENING, AND LIGHTING REGULATIONS.

Screening and landscaping shall be provided for all lots in the General Business and Shopping Center Districts in accordance with the provisions set forth in Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(Ord. 2023-029. Passed 4-18-23.)

1151.11 SIGNS PERMITTED.

Signs shall be permitted in the General Business and the Shopping Center only in accordance with Chapter 1179, Sign Regulations.

(Ord. 2023-029. Passed 4-18-23.)

1151.12 DEVELOPMENT PLAN REVIEW.

All uses, structures, and buildings in the General Business and Shopping Center Districts shall only be permitted after development plans have been reviewed and approved according to the procedures set forth in Chapter 1131, Development Plan Review Procedures.

(Ord. 2023-029. Passed 4-18-23.)

1153.01 INTENT.

The Northfield Road Commercial District (NRC) and the associated regulations are established

herein in order to facilitate and encourage investment and redevelopment of commercial and office parcels that front on Northfield Road. To that end, Northfield Road Commercial District provides for two (2) different approaches for redevelopment that:

Permit flexibility in the design and development that will result in a more efficient and desirable use of land;

Facilitate development adaptions to meet anticipated market demands and/or better utilize sites with challenging features such as existing site improvements or sites that lack depth and area or have other unusual characteristics; and,

Establish two different tiers of development standards that support the overall purposes of the Northfield Road Commercial District. NRC-Tier 1-Base Level is intended to mitigate nonconforming conditions on current sites to encourage intensification and renovation on existing built sites. The intent for NRC-Tier 2-Revitalization Level is to incentivize redevelopment to make Northfield Road a more welcoming and aesthetically pleasing entrance to Bedford Heights by prescribing building placement and scale, eliminating front yard parking, moving buildings closer to the street, and restricting parking to the sides and backs of buildings.

The Northfield Road Commercial District and the regulation thereof seeks to achieve the following

additional purposes:

(a) To improve the built environment along Northfield Road by improving site design, building facades, and site maintenance.

(b) To protect and promote appropriately located commercial and office activities in order to preserve and strengthen the City’s economic base.

(c) To provide appropriate and convenient locations, zoning districts of sufficient size for the exchange of goods and services and other business activities.

(d) To accommodate a diverse range of retail, service, and office uses that serve the general community.

(e) To protect adjacent residential neighborhoods by regulating the types and spacing of business uses, particularly at the common boundaries, which would create hazards, noise, odors, or other objectionable influences.

(Ord. 2023-029. Passed 4-18-23.)

1153.02 USE REGULATIONS.

(a) Use Schedule Summary. Schedule 1153.02 (d) sets forth the uses allowed in the Northfield Road Commercial District for both NRC-Tier 1-Base Level and NRC-Tier 2-Revitalization Level. The abbreviations used in the Schedule indicate the following:

(1) Uses Permitted By Right. A “P” in a cell indicates that the use is allowed by-right as a principal use in the respective district.

(2) Conditional Uses. A “C” in a cell indicates that the use is regulated as a conditional use. The use is permitted in the respective district only after an applicant receives Conditional Use approval pursuant to Chapter 1137.

(3) Accessory Uses. An “A” in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal, restricted, or conditional use listed in Schedule 1153.02 (d).

(5) Blank Cell. A blank cell in a District column indicates that the use is not allowed in that zoning district.

(d) Schedule 1153.02 (d) Permitted Uses. Schedule 1153.02 (d) sets forth the uses allowed in the Northfield Road Commercial District for both the NRC-Tier 1-Base Level and the NRC-Tier 2-Revitalization Level. The abbreviations used in the Schedule are defined in 1153.02 (a).

Schedule 1153.02 (d) Use Regulations
	Northfield Road Commercial District	Use-Spedific Standards
	NRC Tier 1 & Tier 2	Use-Spedific Standards
(1) Residential
A. Dwelling unit(s) above non-residential use	P
(2) Office/Professional Services
A. Banking, financial institution	P
B. Conference Center	P
C. Medical/dental Clinic; Urgent Care	P
D. Offices - administrative/professional	P
E. Offices - medical/dental	P
(3) Retail/Personal Services
A. Animal hospital/veterinary clinic without outdoor runs and kennels	R	1171.03 (a)
B. Antique establishment	P
C. Artist studio	P
D. Brewpub	C	1171.03 (e)
E. Day care center, adult	C	1171.03 (l)
F. Day care center, child	C	1171.03 (m)
G. Experiential retail establishment	P
H. Funeral homes, mortuaries excluding crematories	P
I. Personal service establishment	P
J. Restaurants	P
K. Retail Establishments	P
L. Second-hand establishment	R	1171.03 (dd)
(4) Entertainment/Recreation
A. Assembly Hall	P
B. Health club	P
C. Indoor commercial recreation	R	1171.03 (h)
D. School, specialty/personal instruction	P
E. Membership club	P

Schedule 1153.02 (d) (Cont.) Use Regulations
	Northfield Road Commercial District	Use-Spedific Standards
	NRC Tier 1 & Tier 2	Use-Spedific Standards
(5) Governmental/Community Facilities
A. Cemeteries	P
B. Congregate care facility/nursing home/assisted living	P
C. Cultural Institution	P
D. Library	P
E. Public safety facility	R	1171.03 (aa)
F. School (public/private) college/university	P
G. School (public/private), elementary/ secondary	P
H. Trade or vocational school	P
(6) Industrial
A. Artisan industrial	R	1171.03 (b)
B. Research and development facility	R	1171.03 (bb)
C. Manufacturing, light	R	1171.03 (s)
(7) Vehicles and Equipment
A. Automobile fueling stations	C	1171.03 (d)
B. Auto service stations	C	1171.03 (d)
C. Car wash	C	1171.03 (g)
D. Drive-thru facilities	C	1171.03 (o)
E. Freestanding drive-thru facilities	C	1171.03 (o)
(8) Accessory Uses
A. Electric vehicle charging stations	A
B. Outdoor dining in association with a principal permitted use	A	1153.07 (c)
C. Outdoor storage of general materials in association with a principal permitted use	A	1153.07 (a)
D. Outdoor overnight storage of fleet vehicles and equipment in association with a principal permitted use	A	1153.07 (a)
E. Outdoor sales/display in association with a principal permitted use
F. Outdoor unattended charitable donation bins	A	Chapter 1130
P = Principal Permitted By-Right Use R = Restricted Use C = Conditional Use A = Accessory Use Blank Cell = Not Permitted

(e) Similar Uses. See Section 1133.02 (b)(15).

(Ord. 2023-029. Passed 4-18-23.)

1153.03 APPLICABILITY.

(a) NRC-Tier 1-Base Level. Principal buildings lawfully existing as of January 2023 including legally nonconforming buildings and buildings located on nonconforming lots, may be renovated or repaired in conformance with the NRC-Tier 1-Base Level Development Standards in 1153.04, provided the renovation is valued at less than sixty percent (60%) of the replacement cost of the existing building excluding land costs, and the renovation includes alterations to the exterior of the building.

(b) NRC-Tier 2-Revitalization Level. All new structures and all structures renovated where (1) the renovation is valued at more than sixty-one percent (61%) of the replacement cost of the existing building excluding land costs, and (2) the renovation includes alterations to the exterior of the building shall be subject to the Development and Design Standards set forth in 1153.05.

(Ord. 2023-029. Passed 4-18-23.)

1153.04 DEVELOPMENT STANDARDS FOR THE NRC-TIER 1-BASE LEVEL.

The development standards for permitted uses in the NRC-Tier 1-Base Level are set forth below. See Chapter 1171, Specific-Use Regulations, for additional development regulations for Conditional and Restricted Uses.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the NRC-Tier 1-Base Level are set forth in Schedule 1153.04(a).

Schedule 1153.04 (a) Lot Requirements in the NRC-Tier 1-Base Level
	Northfield Road Commercial District NRC-Tier 1-Base Level
(1) Minimum lot area	None
(2) Minimum lot width	70 feet
(3) Maximum lot coverage	85%

(b) Building and Parking Setback Requirements. Every permitted use of land and its associated principal building and accessory parking shall be located on a lot to comply with the required setbacks in Schedule 1153.04(c) when developing under the NRC-Tier 1-Base Level.

(1) Determining Front Setback. Each lot shall maintain the minimum front setback measured from the street right-of-way.

(2) Corner Lots. A corner lot shall comply with the minimum front setback for each side facing and adjacent to a street right-of-way.

(3) Obstructions in the Setback. The area within each setback shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1153.04 (c) Building and Parking Setback Requirements NRC-Tier 1-Base Level
	Northfield Road Commercial District NRC-Tier 1-Base Level
(1) Minimum Front Setback (from public street rights-of-way)	40 feet
(3) Minimum Setback Abutting Nonresidential Districts and the R-3 District	None
(4) Minimum Setback Abutting Residence Districts, except R-3	50 feet
(5) Minimum Off-Street Parking Area Setback
A. Public Rights-of-Way	10 feet
B. Residential Districts	10 feet
C. All Other Lot Lines	10 feet

(d) Height Regulations. Buildings and structures shall comply with the height limitations in Schedule 1153.04(d) for the zoning district in which the lot is located.

Schedule 1153.04 (d) Height Regulations in the NRC-Tier 1-Base Level
	NRC-Tier 1-Base Level
(1) Maximum Principal Building Height	35 feet
(2) Maximum Height of Accessory Building/ Structure	20 feet

(Ord. 2023-029. Passed 4-18-23.)

1153.05 DEVELOPMENT AND DESIGN STANDARDS FOR THE NRC-TIER 2-REVITALIZATION LEVEL.

The development standards for permitted uses in the NRC-Tier 2-Revitalization Level are set forth below. See Chapter 1171, Specific-Use Regulations, for development regulations for Conditional and Restricted Uses.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the NRC-Tier 2- Revitalization Level are set forth in Schedule 1153.05(a).

Schedule 1153.05 (a) Lot Requirements in the NRC-Tier 2-Revitalization Level
	Northfield Road Commercial District NRC-Tier 2- Revitalization Level
(1) Minimum lot area	None
(2) Minimum lot width	70 feet
(3) Maximum lot coverage	85%

(b) Building and Parking Setback Requirements. Every permitted use of land and its associated principal buildings and accessory parking shall be located on a lot to comply with the required setbacks in Schedule 1153.05(c) when developing under the NRC-Tier 2-Revitilization Level.

(1) Determining Front Setback. Each lot shall maintain the minimum and maximum front setback measured from the applicable street right-of-way.

(2) Corner Lots. A corner lot shall comply with the applicable setback for each side facing and adjacent to a street right-of-way.

(3) Obstructions in the Setback. The area within each setback shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1153.05 (c) Building and Parking Setback Requirements NRC-Tier 2- Revitalization Level
	Northfield Road Commercial District NRC-Tier 2- Revitalization Level
(1) Minimum Front Setback (from public street rights-of-way adjacent to Northfield Road)	10 feet
(2) Maximum Front Setback (from public street rights-of-way adjacent to Northfield Road)	15 feet
(3) Minimum Setback from public street rights-of-way other than Northfield Road	30 feet
(4) Minimum Setback Abutting Nonresidential Districts and the R-3 District	None
(5) Minimum Setback Abutting Residence Districts, except R-3	50 feet

Schedule 1153.05 (c) (Cont.) Building and Parking Setback Requirements NRC-Tier 2- Revitalization Level
	Northfield Road Commercial District NRC-Tier 2- Revitalization Level
(6) Percent of Facade within Build-to-Zone	70%(a)
(7) Minimum Off-Street Parking Area Setback
A. Public Rights-of-Way	NP(b)
B. Residential Districts	10 feet
C. All Lot Lines except adjacent to Northfield Road	10 feet
(a) The remaining thirty percent (30%) of the linear frontage shall be setback no more than ten (10) feet, unless Board of Architectural Review finds a greater setback appropriate. (b) See Section 1153.06 (a) NP = Not Permitted

(d) Height Regulations. Buildings and structures shall comply with the height limitations in Schedule 1153.05(d) for the NRC-Tier 2- Revitalization Level.

Schedule 1153.05 (d) Height Regulations in the NRC-Tier 2- Revitalization Level
	NRC-Tier 2- Revitalization Level
(1) Maximum Principal Building Height	72 feet
(2) Minimum Principal Building Height	24 feet
(3) Maximum Height of Accessory Building/ Structure	20 feet

(e) Required Design Standards in the NRC-Tier 2- Revitalization Level.

(1) Purpose. The buildings in the City's Northfield Road Commercial District contribute to the character of the community. Enhancing the quality and compatibility of these buildings is of utmost importance. The standards set forth below are intended to achieve among others the following purposes:

A. To strengthen, enhance and improve the existing visual and aesthetic character of Northfield Road;

B. To protect and enhance property values; and,

C. To provide guidelines for property owners, architects, and contractors to aid in the preparation of appropriate plans.

(2) Applicability of Regulations. In addition to the development standards set forth in Section 1153.05 (a) ¡V (d), the design standards set forth in Schedule 1153.05 (e) (4) shall apply to the exterior appearance and design of all new construction and building renovations in the NRC-Tier 2-Revitalization Level.

(3) The Board of Architectural Review may grant an exception or modification to the Design Standards in Schedule 1153.05 (e) (4) if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot or due to the location or design of existing structures and other site or building features, the application of the design standards would be unreasonable. The Board of Architectural Review may grant a complete exception from the standard, or it may modify the standard in view of the peculiarities of the site or building. Any modification of the standard shall be considered an "exception." In determining whether to grant an exception, the Board of Architectural Review shall consider:

A. The purposes of the Northfield Road Commercial District;

B. The intent of the guideline from which the exception is requested; and,

C. Whether the intent of the standard may be met by an alternate means.

(4) Schedule 1153.05 (e)(4) Design Standards. The design standards set forth in Schedule 1153.05 (e) (4) shall apply to the exterior appearance and design of all new construction and building renovations in the NRC-Tier 2- Revitalization Level.

Schedule 1153.05 (e)(4)

Required Design Standards in the NRC-Tier 2- Revitalization Level

A. Buildings and principal building entrances shall be oriented toward the public street so as to define the street edge and contribute to a dynamic pedestrian and street environment.

B. All buildings shall provide at least one usable building or storefront entrance on each front facade. A corner entrance may be substituted if both street frontages measure eighty (80) lineal feet or less.

C. A transition line shall be provided between the first and second stories. The height of this transition line shall match the height of the transition line on the abutting or adjacent buildings. If adjoining properties are vacant or contain single-story buildings, then the ground floor shall be at least ten (10) feet in height measured from finished floor to finished ceiling.

D. For the first floor, the front facade of every building shall have transparent areas, equal to sixty percent (60%) of the front facade area (measured as the total area below the transition line). These transparent areas shall be between two (2) and nine (9) feet above the sidewalk.

E. Any part of the building that is visible from a private right-of-way, public circulation area, public parking area, or public street other than Northfield Road shall have no more than six (6) feet of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays, or an undulation of the building so that a pedestrian scale, rhythm, and visual interest is created. In no case shall a continuous wall length be devoid of windows for more than twenty (20) feet.

Schedule 1153.05 (e)(4) (Cont.)

Required Design Standards in the NRC-Tier 2- Revitalization Level

F. The pattern of architectural features, such as windows and doors, shall be placed upon the facade of a building in a pattern that creates a building fenestration that has a constant rhythm, a harmonious appearance, and is proportional to one another and surrounding buildings, if applicable.

G. For all upper floors, the front facade of the building shall have glazed areas or windows equal to forty percent (40%) of the total area of the front facade, with each floor being calculated independently. Windows shall remain transparent and shall not be blocked in any manner.

H. First floor windows shall permit pedestrians a view of the interior of the building. Windows shall remain transparent and shall not be blocked in any manner except for permitted window signage. Alternatively, display windows may be used provided these windows are a minimum of three (3) feet in depth, extend the full height of the glazing, and are internally lit.

I. Buildings shall have finish materials on all sides. Cinder blocks and vinyl siding shall not be used on any facade, and brick shall not be painted. Existing painted brick may be repainted as needed for ordinary maintenance.

J. A combination of materials, textures, colors, and finishes shall be utilized to create visual interest. The building color palette should include one primary earth tone or neutral color with several accent colors.

K. Facade openings, including windows and colonnades, shall be vertical in proportion.

L. Facades may be supplemented by awnings, which shall be straight sheds without side flaps, but shall not be cubed or curved.

M. Materials within ten (10) feet of the ground or the sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic. If “dry vit” or E.I.F.S is used as an exterior building material, impact resistant E.I.F.S., as classified by EIMA (EIFS Industry Members Association), shall be used on all wall areas within ten (10) feet of the ground or sidewalk.

N. All roof top equipment shall be concealed in building materials that match the structure or shall be painted to be visually compatible with the structure.

(5) Illustrative Examples of Appropriately Designed Buildings in the Northfield Road Commercial District.

	* A transition line shall be provided between the first and second stories. The height of this transition line shall match the height of the transition line on the abutting or adjacent buildings. * Materials within ten (10) feet of the ground or the sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic. *All buildings shall provide at least one usable building or storefront entrance on each front facade.
	* For the first floor, the front facade of every building shall have transparent areas, equal to sixty percent (60%) of the front facade area (measured as the total area below the transition line). These transparent areas shall be between two (2) and nine (9) feet above the sidewalk. * The pattern of architectural features, such as windows and doors, shall be placed upon the facade of a building in a pattern that creates a building fenestration that has a constant rhythm, a harmonious appearance, and is proportional to one another and surrounding buildings, if applicable.
	* A combination of materials, textures, colors, and finishes shall be utilized to create visual interest. * Buildings and principal building entrances shall be oriented toward the public street so as to define the street edge and contribute to a dynamic pedestrian and street environment. * First floor windows shall permit view of the interior of the building. Windows shall remain transparent and shall not be blocked in any manner except for permitted temporary window signage.

(Ord. 2023-029. Passed 4-18-23.)

1153.06 OFF-STREET PARKING REGULATIONS.

Off street parking lots shall comply with Chapter 1181, Off-Street Parking and Loading Regulations, and the parking requirements below:

(a) Off-Street Parking Areas in the NRC-Tier 2-Revitalization Level. When applicants develop under the NRC-Tier 2- Revitalization Level standards, off-street parking areas shall be located to the rear or side of the principal building on the lot and no closer to the right-of-way line than the facade of the largest principal building on the lot. The Planning Commission may grant a modification to this requirement only if the applicant demonstrates that, due to the unusual shape or depth of the lot, the application of this parking locational requirement would be unreasonable. If the Planning Commission does see the merits of such a modification, the majority of the parking shall be located behind the front facade of the principal building. Below is an example of the appropriate siting of off-street parking areas:

(b) Cross Access to Off-Street Parking Lots. Parking lots in both the NRC-Tier 1- Base Level and the NRC-Tier 2-Revitalization Level shall be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible. Permanent cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be submitted in language acceptable to the City's Law Director and the Planning Commission.

(d) Landscaping within the Parking Setback. The area within the parking setback shall be landscaped in accordance with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(e) Landscaping Off-Street Parking Areas. The off-street parking area shall be landscaped and screened in accordance with Article 1187, Landscaping, Screening, and Lighting Regulations.

(f) A masonry wall that is at least six (6) feet in height shall be required between parking areas and a side or rear lot line of a Residence District.

(g) Loading and Service Areas.

(1) Loading and service areas in the Northfield Road Commercial District shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent residential uses.

(2) Loading and service areas shall comply with the applicable parking setback requirements set forth in this Chapter and shall be screened in accordance with the provisions set forth in Section 1187.07, Screening of Accessory Uses. Loading and service areas utilized between the hours of 9 PM and 6 AM shall comply with subsection 1153.08 (i), Night Operation.

(Ord. 2023-029. Passed 4-18-23.)

1153.07 REGULATIONS FOR OUTDOOR ACTIVITIES.

Outdoor activities permitted in the Northfield Road Commercial District are set forth in Schedule 1153.02 (d), Use Regulations, and shall be permitted only when accessory to a principal permitted, restricted, or conditional use in compliance with the regulations in this Section.

(a) Outdoor Storage. The outdoor, overnight storage of general materials, fleet vehicles, and equipment shall comply with the following:

(3) All outdoor storage shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.

(5) All equipment and fleet vehicles shall be in an operable state. In no case shall inoperable equipment and vehicles be stored overnight.

(6) Any proposed outdoor storage areas shall be approved as part of a development plan review in accordance with Chapter 1131.

(b) Outdoor Display/Sales. Outdoor Display/Sales is prohibited in the Northfield Road Commercial District.

(1) If outdoor dining is proposed to be in the public right-of-way, a permit shall be obtained from the Mayor before a Certificate of Zoning Compliance is issued.

(2) Planters, fencing, or other devices shall be used as a way of defining the area occupied by the outdoor dining.

(3) Extended awnings, canopies, or large umbrellas shall be permitted if located to provide shade or cover.

(4) The operators of outdoor dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of cafe activity.

(5) The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.

(Ord. 2023-029. Passed 4-18-23.)

1153.08 PERFORMANCE STANDARDS.

Every use shall comply with the following performance standards as well as any other applicable performance standards in this Code.

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, restricted, conditional, or accessory use shall either be disposed of, stored in buildings, or held for removal in completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the applicable minimum parking setback and shall be screened in accordance with the provisions set forth in Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(b) Lighting. The placement, orientation, light distribution patterns and fixture types of outdoor lighting shall comply with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(c) Enclosure. All uses and operations, except off street parking and loading facilities, shall be operated and performed within an enclosed building, unless otherwise specifically permitted.

(d) Advertising Vehicle Signs. Advertising vehicle signs are prohibited.

(j) Outdoor Vending Machines. There shall be no outdoor vending machines visible from a public street.

(Ord. 2023-029. Passed 4-18-23.)

1153.09 TEMPORARY USES.

(Ord. 2023-029. Passed 4-18-23.)

1153.10 ACCESSORY BUILDINGS.

Accessory buildings that have a gross floor area of 200 square feet or less may be located in a side or rear yard and shall comply with the applicable parking setback. All other accessory buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review for the appropriate zoning district.

(Ord. 2023-029. Passed 4-18-23.)

1153.11 LANDSCAPING, SCREENING, AND LIGHTING REGULATIONS.

Screening and landscaping shall be provided for all lots in the Northfield Road Commercial District in accordance with the provisions set forth in Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(Ord. 2023-029. Passed 4-18-23.)

1153.12 SIGNS PERMITTED.

Signs shall be permitted in the Northfield Road Commercial District only in accordance with Chapter 1179, Sign Regulations.

(Ord. 2023-029. Passed 4-18-23.)

1153.13 DEVELOPMENT PLAN REVIEW.

All uses, structures, and buildings in the Northfield Road Commercial District shall only be permitted after development plans have been reviewed and approved according to the procedures set forth in Chapter 1131, Development Plan Review Procedures.

(Ord. 2023-029. Passed 4-18-23.)

1155.01 INTENT.

The Town Center Overlay District (TCOD) and the associated regulations are established in order to create a town center for the City of Bedford Heights that provides for a recognizable and sustainable central business district and City Hall complex that creates a sense of civic pride for the City of Bedford Heights. The Town Center Overlay District and the regulation thereof seek to achieve the following additional purposes:

(a) To encourage a form of development that will achieve the physical qualities necessary to enhance the vitality of the City's main commercial and civic area.

(b) To provide a concentrated area for a diverse range of civic, retail, service, office, light industrial, and mixed uses.

(Ord. 2023-029. Passed 4-18-23.)

1155.02 APPLICABILITY.

(a) The Town Center Overlay District shall be an overlay district that applies over the existing zoning districts and is established as shown on the Official Zoning Map. Use and development of land within the Town Center Overlay District shall be regulated as follows:

(1) Any existing use and development shall be permitted to continue and shall be subject to the underlying zoning requirements and not the Town Center Overlay District.

(2) Any expansion to an existing use, building, or site that requires development plan approval from the Planning Commission pursuant to Chapter 1131, Development Plan Review Procedures, may seek approval utilizing the provisions of the Town Center Overlay District.

(3) Where a new building is proposed, an applicant may seek approval for such new development utilizing the provisions of the Town Center Overlay District.

(b) The provisions of the Town Center Overlay District, when in conflict with other articles of the Zoning Code, shall take precedence.

(Ord. 2023-029. Passed 4-18-23.)

1155.03 USE REGULATIONS.

(a) Use Schedule Summary. Schedule 1155.03 (d) sets forth the uses allowed in the Town Center Overlay District. The abbreviations used in the Schedule indicate the following:

(1) Uses Permitted By Right. A “P” in a cell indicates that the use is allowed by-right as a principal use in the respective district.

(4) Restricted Uses. An “R” in a cell indicates that the use is permitted by right in the districts in which they are listed, provided such uses comply with the Use-Specific Standards in Chapter 1171. If compliance with the Use-Specific Standards is not possible, the use shall be considered as a Conditional Use.

(5) Blank Cell. A blank cell in a District column indicates that the use is not allowed in that zoning district.

(d) Schedule 1155.03 (d) Permitted Uses. Schedule 1155.03 (d) sets forth the uses allowed in the Town Center Overlay District. The abbreviations used in the Schedule are defined in 1155.03(a).

Schedule 1155.03 (d) Use Regulations
	Town Center Overlay District TCOD	Use-Specific Standards
(1) Residential
A. Dwelling unit(s) above nonresidential use	P
B. Multifamily dwelling units	R	1171.03 (v)

(2) Office/Professional Services
A. Banking, financial institution	P
B. Conference Center	P
C. Medical/dental Clinic; Urgent Care	P
D. Offices - administrative/professional	P
E. Offices - medical/dental	P
(3) Retail/Personal Services
A. Animal hospital/veterinary clinic without outdoor runs and kennels	R	1171.03 (a)
B. Antique establishment	P
C. Artist studio	P
D. Brewpub	C	1171.03 (e)
E. Day care center, adult	C	1171.03 (l)
F. Day care center, child	C	1171.03 (m)
G. Experiential retail establishment	P
H. Funeral homes, mortuaries excluding crematories	P
I. Personal service establishment	P
J. Restaurants	P
K. Retail Establishments	P
L. Second-hand establishment	R	1171.03 (dd)
(4) Entertainment/Recreation
A. Assembly Hall	P
B. Health club	P
C. Indoor commercial recreation	R	1171.03 (h)
D. School, specialty/personal instruction	P
E. Membership club	P

Schedule 1155.03 (d) (Cont.) Use Regulations
	Town Center Overlay District TCOD	Use-Specific Standards
(5) Governmental/Community Facilities
A. Cemeteries	P
B. Congregate care facility/nursing home/ assisted living	P
C. Cultural Institution	P
D. Library	R	1171.03 (y)
E. Park	R	1171.03 (y)
F. Public governmental facility	R	1171.03 (y)
G. Public safety facility	R	1171.03 (aa)
H. School (public/private) college/university	P
I. School (public/private), elementary/ secondary	P
J. Vocational and trade school	P
(6) Industrial
A. Artisan industrial	R	1171.03 (b)
B. Research and development facility	R	1171.03 (bb)
C. Manufacturing, light	R	1171.03 (s)
(7) Vehicles and Equipment
A. Automobile fueling stations	C	1171.03 (d)
B. Auto service stations	C	1171.03 (d)
C. Car wash	C	1171.03 (g)
D. Drive-thru facilities	C	1171.03 (o)
E. Freestanding drive-thru facilities	C	1171.03 (o)
(8) Accessory Uses
A. Electric vehicle charging stations	A
B. Outdoor dining in association with a principal permitted use	A	1155.06 (c)
C. Outdoor storage of general materials in association with a principal permitted use	A	1155.06 (a)
D. Outdoor overnight storage of fleet vehicles and equipment in association with a principal permitted use	A	1155.06 (a)
E. Outdoor unattended charitable donation bins	A	Chapter 1130
P = Principal Permitted By-Right Use R=Restricted Use C=Conditional Use A = Accessory Use Blank Cell = Not Permitted

(e) Similar Uses. See Section 1133.02 (b)(15).

(Ord. 2023-029. Passed 4-18-23.)

1155.04 DEVELOPMENT AND DESIGN STANDARDS.

The development standards for permitted uses in the Town Center Overlay District are set forth below. See Chapter 1171, Specific-Use Regulations, for additional development regulations for Conditional and Restricted Uses.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the Town Center Overlay District are set forth in Schedule 1155.04(a).

Schedule 1155.04 (a) Lot Requirements in the Town Center Overlay District
	Town Center Overlay District
(1) Minimum lot area	None
(2) Minimum lot width	65 feet
(3) Maximum lot coverage	85%

(b) Building and Parking Setback Requirements. Every permitted use of land and its associated principal building and accessory parking shall be located on a lot to comply with the required setbacks in Schedule 1155.04(c) when developing under the Town Center Overlay District.

(1) Determining Front Setback. Each lot shall maintain the minimum and maximum front setback measured from the street right-of-way line.

(2) Corner Lots. A corner lot shall comply with the minimum front setback for each side facing and adjacent to a street right-of-way.

(3) Obstructions in the Setback. The area within each setback shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1155.04 (c) Building and Parking Setback Requirements Town Center Overlay District
	Town Center Overlay District
(1) Minimum Front Setback	10 feet
(2) Maximum Front Setback	25 feet
(3) Minimum Setback Abutting Non- residential Districts and the R-3 District	None
(4) Minimum Setback Abutting Residence Districts, except R-3	50 feet
(5) Percent of Facade within Build-to-Zone	70%(a)
(6) Minimum Off-Street Parking Area Setback
A. Public Rights-of-Way	NP(b)
B. Residence Districts located outside of the TCOD	10 feet
C. All Lot Lines except abutting Public Rights-of-Way	10 feet
(a) The remaining 30% of the linear frontage shall be setback no more than 10 feet, unless Board of Architectural Review finds a greater setback appropriate. (b) See Section 1155.05 (a) NP = Not Permitted

(d) Height Regulations. Buildings and structures shall comply with the height limitations in Schedule 1155.04(d).

Schedule 1155.04(d) Height Regulations in the Town Center Overlay District
	Town Center Overlay District
(1) Maximum Building Height	72 feet
(2) Minimum Building Height	24 feet
(3) Maximum Height of Accessory Building/Structure	20 feet

(e) Required Design Standards.

(1) Purpose. The buildings in the City¡|s Town Center contribute to the City¡|s character and sense of place. Enhancing the quality and compatibility of these buildings is of utmost importance. The standards set forth below are intended to achieve among others the following purposes:

A. To strengthen, enhance, and improve the existing visual and aesthetic character of the Town Center area;

B. To protect and enhance property values; and,

C. To provide guidelines for property owners, architects, and contractors to aid in the preparation of appropriate plans.

(2) Applicability of Regulations. In addition to the development standards set forth in Section 1155.04 (a)-(d), the design standards set forth in Schedule 1155.04 (e)(5) shall apply to the exterior appearance and design of all new construction and building renovations in the Town Center Overlay District.

(3) The Board of Architectural Review may grant an exemption from these standards when the exterior building modifications are minor in nature, meaning the design modifications will have no discernable impact on neighboring properties, the public, the public right-of-way, or those intended to occupy or use the proposed development.

(4) The Board of Architectural Review may grant an exception or modification to the Design Standards in Schedule 1155.04 (e) (5) if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot or due to the location or design of existing structures and other site or building features, the application of the design standards would be unreasonable. The Board of Architectural Review may grant a complete exception from the standard, or it may modify the standard in view of the peculiarities of the site or building. Any modification of the standard shall be considered an "exception." In determining whether to grant an exception, the Board of Architectural Review shall consider:

A. The purposes of the Town Center Overlay District;

B. The intent of the guideline from which the exception is requested; and,

C. Whether the intent of the standard may be met by an alternate means.

(5) Schedule 1155.04 (e) (5) Design Standards. The design standards set forth in Schedule 1155.04 (e)(5) shall apply to the exterior appearance and design of all new construction and building renovations for non-residential and mixed used buildings in the Town Center Overlay District.

Schedule 1155.04 (e)(5)

Required Design Standards in the Town Center Overlay District

A. Buildings and principal building entrances shall be oriented toward the public street so as to define the street edge and contribute to a dynamic pedestrian and street environment.

E. Any part of the building that is visible from a private right-of-way, public circulation area, or public parking area shall have no more than six (6) feet of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays, or an undulation of the building so that a pedestrian scale, rhythm, and visual interest is created. In no case shall a continuous wall length be devoid of windows for more than twenty (20) feet.

I. Buildings shall have finish materials on all sides. Cinder blocks and vinyl shall not be used on any facade, and brick shall not be painted. Existing painted brick may be repainted as needed for ordinary maintenance.

K. Facade openings, including windows and colonnades, shall be vertical in proportion.

L. Facades may be supplemented by awnings, which shall be straight sheds without side flaps, but shall not be cubed or curved.

N. All roof top equipment shall be concealed in building materials that match the structure or shall be painted to be visually compatible with the structure

(6) Illustrative Examples of Appropriately Designed Buildings in the Town Center Overlay District.

	* A transition line shall be provided between the first and second stories. The height of this transition line shall match the height of the transition line on the abutting or adjacent buildings. * For all upper floors, the front facade of the building shall have glazed areas or windows equal to forty percent (40%) of the total area of the front facade. * Facade openings, including windows and colonnades, shall be vertical in proportion.
	* For the first floor, the front facade of every building shall have transparent areas, equal to sixty percent (60%) of the front facade area. These transparent areas shall be between two (2) and nine (9) feet above the sidewalk. * Materials within ten (10) feet of the ground or the sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic.
	* A combination of materials, textures, colors, and finishes shall be utilized to create visual interest. * The pattern of architectural features, such as windows and doors, shall be placed upon the facade of a building in a pattern that creates a building fenestration that has a constant rhythm, a harmonious appearance, and is proportional to one another and surrounding buildings, if applicable.

* Buildings and principal building entrances shall be oriented toward the public street so as to define the street edge and contribute to a dynamic pedestrian and street environment.

* All buildings shall provide at least one usable building or storefront entrance on each front facade.

* Facades may be supplemented by awnings, which shall be straight sheds without side flaps, but shall not be cubed or curved.

(Ord. 2023-029. Passed 4-18-23.)

1155.05 OFF-STREET PARKING REGULATIONS.

Off street parking lots shall comply with Chapter 1181, Off-Street Parking and Loading Regulations, and the parking requirements below:

(a) Off-Street Parking Areas in the Town Center Overlay District. When applicants develop under the Town Center Overlay District, off-street parking areas shall be located to the rear or side of the principal building on the lot and no closer to the right-of-way line than the facade of the largest principal building on the lot. The Planning Commission may grant a modification to this requirement only if the applicant demonstrates that, due to the unusual shape or depth of the lot, the application of this parking locational requirement would be unreasonable. If the Planning Commission does see the merits of such a modification, the majority of the parking shall be located behind the front facade of the principal building. Below, in Figure 1, is an example of the appropriate siting of off-street parking areas:

Figure 1

Appropriate Siting of Off-street Parking Areas

(b) Cross Access to Off-Street Parking Lots. Parking lots in the Town Center Overlay District shall be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible. Permanent cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be submitted in language acceptable to the City's Law Director and the Planning Commission.

(d) Landscaping within the Parking Setback. The area within the parking setback shall be landscaped in accordance with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(e) Landscaping Off-Street Parking Areas. The off-street parking area shall be landscaped and screened in accordance with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(f) Loading and Service Areas.

(1) Loading and service areas in the Town Center Overlay District shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent residential uses or is appropriate for double frontage lots.

(2) Loading and service areas shall comply with the applicable parking setback requirements set forth in Schedule 1155.04 (c) and shall be screened in accordance with the provisions set forth in Section 1187.07, Screening of Accessory Uses and Structures. Loading and service areas utilized between the hours of 9:00 p.m. and 6:00 a.m. shall comply with sub-section 1155.07 (i), Night Operation.

(Ord. 2023-029. Passed 4-18-23.)

1155.06 REGULATIONS FOR OUTDOOR ACTIVITIES.

Outdoor activities permitted in the Town Center Overlay District are set forth in Schedule 1155.03 (d), Use Regulations, and shall be permitted only when accessory to a principal permitted, restricted, or conditional use in compliance with the regulations in this Section.

(a) Outdoor Storage. The outdoor, overnight storage of general materials, fleet vehicles, and equipment shall comply with the following:

(3) All outdoor storage shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.

(5) All equipment and fleet vehicles shall be in an operable state. In no case shall inoperable equipment and vehicles be stored overnight.

(6) Any proposed outdoor storage areas shall be approved as part of a development plan review in accordance with Chapter 1131.

(b) Outdoor Sales and Display. Outdoor Display/Sales is prohibited in the Town Center Overlay District.

(1) If outdoor dining is proposed to be in the public right-of-way, a permit shall be obtained from the Mayor before a Certificate of Zoning Compliance is issued.

(2) Planters, fencing, or other devices shall be used as a way of defining the area occupied by the outdoor dining.

(3) Extended awnings, canopies, or large umbrellas shall be permitted if located to provide shade or cover.

(4) The operators of outdoor dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of cafe activity.

(5) The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.

(Ord. 2023-029. Passed 4-18-23.)

1155.07 PERFORMANCE STANDARDS.

Every use shall comply with the following performance standards as well as any other applicable performance standards in this Code.

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, restricted, conditional, or accessory use shall either be disposed of, stored in buildings, or held for removal in completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1155.04 (c) and shall be screened in accordance with the provisions set forth in Chapter 1187, Landscaping, Screening and Lighting Regulations.

(b) Lighting. The placement, orientation, light distribution patterns and fixture types of outdoor lighting shall comply with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(c) Enclosure. All uses and operations, except off street parking and loading facilities, shall be operated and performed within an enclosed building, unless otherwise specifically permitted.

(d) Advertising Vehicle Signs. Advertising vehicle signs are prohibited.

(j) Outdoor Vending Machines. There shall be no outdoor vending machines visible from a public street.

(Ord. 2023-029. Passed 4-18-23.)

1155.08 TEMPORARY USES.

(Ord. 2023-029. Passed 4-18-23.)

1155.09 ACCESSORY BUILDINGS.

Accessory buildings that have a gross floor area of 200 square feet or less may be located in a side or rear yard and shall comply with the applicable parking setbacks set forth in Schedule 1155.04 (c). All other accessory buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review for the appropriate zoning district.

(Ord. 2023-029. Passed 4-18-23.)

1155.10 LANDSCAPING, SCREENING, AND LIGHTING REGULATIONS.

Screening and landscaping shall be provided for all lots in the Town Center Overlay District in accordance with the provisions set forth in Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(Ord. 2023-029. Passed 4-18-23.)

1155.11 SIGNS PERMITTED.

Signs shall be permitted in the Town Center Overlay District only in accordance with Chapter 1179, Sign Regulations.

(Ord. 2023-029. Passed 4-18-23.)

1155.12 DEVELOPMENT PLAN REVIEW.

All uses, structures, and buildings in the Town Center Overlay District shall only be permitted after development plans have been reviewed and approved according to the procedures set forth in Chapter 1131, Development Plan Review Procedures.

(Ord. 2023-029. Passed 4-18-23.)

1159.01 INTENT.

The Industrial Districts (I, LIO) and their regulations are established in order to achieve, among others, the following purposes:

(a) To provide for orderly growth and development in the City of Bedford Heights.

(b) To provide sufficient areas, in appropriate locations, for industrial activities and the production, distribution, and exchange of goods and services.

(c) To protect residential neighborhoods adjacent to Industrial Districts by establishing performance standards and restricting the types of establishments that might create noise, odors, or other objectionable influences beyond the district boundaries.

(d) To provide certainty to property owners, developers, and neighbors about the limits of what is allowed in the Industrial Districts.

(e) To carry out the following specific purposes:

(1) The intent of the Light Industrial/Office District (LIO) is to provide for office, wholesale, artisan industrial, and light manufacturing uses that include fabrication, manufacturing, assembly, or processing of materials that do not in their operations create smoke, gas, odor, dust, noise, vibration of earth, soot or lighting that is offensive when measured at the property line. Within the Light Industrial/Office District, establishments conduct nearly all operations within an enclosed building and usually do not have outdoor storage areas or operations.

(2) The intent of the Industrial District (I) is to provide lands that accommodate more intense industrial operations that are important to the City¡|s economy but may have external impacts to surrounding properties that necessitate increased setbacks adjacent to Residence Districts, when applicable.

(Ord. 2023-029. Passed 4-18-23.)

1159.02 USE REGULATIONS.

(a) Use Schedule Summary. Schedule 1159.02 (d) sets forth the uses allowed in the Industrial Districts. The abbreviations used in the Schedule indicate the following:

(1) Uses Permitted By Right. A "P" in a cell indicates that the use is allowed by-right as a principal use in the respective district.

(4) Restricted Uses. An "R" in a cell indicates that the use is permitted by right in the districts in which they are listed, provided that they comply with the Use-Specific Standards in Chapter 1171. If compliance with the Use-Specific Standards is not possible, the use shall be considered as a Conditional Use.

(5) Blank Cell. A blank cell in a District column indicates that the use is not allowed in that zoning district.

(d) Schedule 1159.02 (d) Permitted Uses. Schedule 1159.02 (d) sets forth the uses allowed in the Industrial Districts. The abbreviations used in the Schedule are defined in 1159.02 (a).

Schedule 1159.02 (d) Permitted Uses
	Industrial I	Light Industrial/ Office LIO	Use-Specific Standards
(1) Office/Professional Services
A. Offices - V administrative/professional	R	P	1171.03 (w)
B. Offices - V medical/dental		P
(2) Retail/Personal Services
A. Animal boarding facility	P	P	1171.03 (a)
B. Animal boarding facility with outdoor runs and kennels	P	C	1171.03 (a)
C. Animal hospital/veterinary clinics with or without outdoor runs and kennels		R	1171.03 (a)
D. Day care center, adult		C	1171.03 (l)
E. Day care center, child		C	1171.03 (m)
F. Retail establishments	R		1171.03 (cc)
G. Home improvement center		R	1171.03 (q)
(3) Entertainment/Recreation
A. Indoor commercial recreation	R		1171.03 (h)
(4) Governmental/Community Facilities
A. Public maintenance/transportation facilities and operation yards	P	C	1171.03 (z)
B. Public safety facility	P	P
C. Wastewater treatment facility	P	C	1171.03 (ii)
(5) Industrial
A. Artisan food production	P	P
B. Artisan industrial	P	P
C. Asphalt manufacturing or refining	C		1171.03 (c)
D. Building material supply and storage yards	R		1171.03 (f)
E. Commercial kitchen	P	P
F. Concrete manufacturing	C		1171.03 (c)
G. Contractor’s facility	P	P
H. Crematory	R		1171.03 (k)
I. Distribution and fulfillment centers	P	R	1171.03 (n)
J. Food production facility	P
K. Food truck stations	P
L. Industrial design	P	P
M. Diagnostic laboratory testing facility	P	P

Schedule 1159.02 (d) (Cont.) Permitted Uses
	Industrial I	Light Industrial/ Office LIO	Use-Specific Standards
N. Manufacturing, heavy	P
O. Manufacturing, light	P	P
P. Micro production of alcohol	P	R	1171.03 (e)
Q. Office Warehouse/Flex Space	P	P
R. Outdoor storage of general materials in association with a principal permitted use	R	C	1159.05 (a)
S. Outdoor overnight storage of fleet vehicles and equipment in association with a principal permitted use	R	C	1159.05 (a)
T. Recycling facility	C
U. Research and development facility	P	P
V. Self-storage facility, indoor	R	R	1171.03 (ee)
W. Self-storage facility, outdoor	R		1171.03 (ff)
X. Truck terminals	C		1171.03 (gg)
Y. Warehouses	R	R	1171.03 (hh)
Z. Wholesale establishments	P	P
(6) Vehicles and Equipment
A. Automobile repair, major	P
B. Automobile repair, minor	P
C. Automobile fueling stations	P
D. Equipment sales/rental/service facilities	P
(7) Accessory Uses
A. Electric vehicle charging stations	A	A
B. Outdoor unattended charitable donation bins	A	A	Chapter 1130
P = Principal Permitted By-Right Use R = Restricted Use C = Conditional Use A = Accessory Use Blank Cell = Not Permitted

(e) Dwellings. Dwellings and residences of any kind, including motels, hotels, schools, hospitals, clinics and other institutions for human care are prohibited. Any of the aforesaid uses legally existing in the I, Industrial District at the time of the original adoption of this Zoning Code (Ordinance 72-13, passed July 11, 1972) or amendments thereto shall hereafter be classified as a nonconforming use as defined in Chapter 1123 and subject to the requirements therefor contained in Chapter 1129 of this Zoning Code.

(f) Similar Uses. See Section 1133.02 (b)(15).

(Ord. 2023-029. Passed 4-18-23.)

1159.03 DEVELOPMENT STANDARDS.

The development standards for permitted uses in the Industrial Districts are set forth below. See Chapter 1171, Specific-Use Regulations, for additional development regulations for Conditional and Restricted Uses.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the Industrial Districts are set forth in Schedule 1159.03(a).

Schedule 1159.03 (a) Lot Requirements in the Industrial Districts
	Light Industrial/ Office LIO	Industrial I
(1) Minimum lot area	None	25,000 square feet
(2) Minimum lot width	50 feet	None
(3) Maximum lot coverage	85%	70%

(b) Building and Parking Setback Requirements. Every permitted use of land and its associated principal building and accessory parking shall be located on a lot to comply with the required setbacks in Schedule 1159.03(c) for the zoning district in which the lot is located.

(1) Determining Front Setback. Each lot shall maintain the minimum front setback measured from the street right-of way.

(2) Corner Lots. A corner lot shall comply with the minimum front setback for each side facing and adjacent to a street right-of-way.

(3) Obstructions in the Setback. The area within each setback shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1159.03 (c) Building and Parking Setback Requirements in the Industrial Districts
	Light Industrial/ Office LIO	Industrial I
(1) Minimum Setback from public street rights-of-way	40 feet	40 feet
(2) Minimum Setback Abutting Nonresidential Districts	20 feet	20 feet
(3) Minimum Setback Abutting Residence Districts	50 feet	75 feet
(4) Minimum Off-Street Parking Area Setback
A. Public Rights-of-Way	10 feet	10 feet
B. Residential Districts	10 feet	10 feet
C. All Other Lot Lines	10 feet	10 feet

(d) Height Regulations. Buildings and structures shall comply with the height limitations in Schedule 1159.03(d) for the zoning district in which the lot is located.

Schedule 1159.03 (d) Height Regulations in the Industrial Districts
	Light Industrial/ Office LIO	Industrial I
(1) Maximum Building Height	45 feet	50 feet
(2) Maximum Height of Accessory Building/Structure	25 feet	25 feet

(Ord. 2023-029. Passed 4-18-23.)

1159.04 OFF-STREET PARKING AND LOADING REGULATIONS.

Off-street parking areas shall comply with Chapter 1181, Off-Street Parking and Loading Regulations, and the parking requirements below:

(a) Cross Access to Off-Street Parking Lots. Parking lots in the Industrial Districts should be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible. Permanent cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be submitted in language acceptable to the City's Law Director and the Planning Commission.

(b) Setbacks for Joint Parking Facilities. When cross access between two parking areas is required or provided, the parking setback shall not be required for the opening that accommodates the drive aisle, but it shall be required in all other areas that abut the shared property line. When shared parking, which spans the mutual property line, is required or provided, the parking setback is not required to be provided.

(c) Landscaping within the Parking Setback. The area within the parking setback shall be landscaped in accordance with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(d) Landscaping Off-Street Parking Areas. The off-street parking area shall be landscaped and screened in accordance with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(e) A masonry wall, fence or hedge, six (6) feet in height, and landscaped ground cover shall be required between parking areas and a side or rear lot line of a Residence district.

(f) Loading and Service Areas.

(1) Loading and service areas in the Industrial Districts shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent residential uses.

(2) Loading and service areas shall comply with the applicable parking setback requirements set forth in this Chapter, except adjacent to a Residence District when the minimum setback shall be twenty-five (25) feet. Loading and service areas shall be screened in accordance with the provisions set forth in Section 1187.07, Screening of Accessory Uses and Structures. Loading and service areas utilized between the hours of 9:00 p.m. and 6:00 a.m. shall comply with sub-section 1159.06 (k), Night Operation.

(Ord. 2023-029. Passed 4-18-23.)

1159.05 OUTDOOR SALES AND DISPLAY AND OUTDOOR STORAGE REGULATIONS.

Outdoor activities permitted in the Industrial Districts are set forth in Schedule 1159.02(d), Use Regulations, and shall be permitted only in compliance with the regulations in this Section.

(a) Outdoor Storage. The outdoor, overnight storage of general materials, fleet vehicles, and equipment in association shall comply with the following:

(2) All outdoor storage of goods, materials, fleet vehicles, and equipment shall be completely enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at grade level. However, in no case shall the height of the fence or wall be less than six (6) feet. The solid wall or fence and the associated gates shall be maintained in good condition. No barb or razor wire shall be permitted.

(3) All outdoor storage must comply with the Fire Prevention Code and shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.

(4) Areas devoted to outdoor storage shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the outdoor storage is located on a corner lot. Enclosed storage areas devoted to outdoor storage shall be setback fifty (50) feet from any property boundary that abuts a Residence District. In no case shall the side and rear setback of the enclosed area be less than ten (10) feet.

(5) All equipment and fleet vehicles shall be in an operable state. In no case shall inoperable equipment and vehicles be stored overnight.

(6) Surfacing. Areas devoted to outdoor storage of any type, except storage for landscape materials, shall be paved with asphalt or concrete and maintained to be free of dust.

(7) Any proposed outdoor storage areas shall be approved as part of a development plan review in accordance with Chapter 1131 and shall not occupy or interfere with traffic circulation, required parking areas, required open space, public sidewalks, or pedestrian access or circulation areas.

(b) Outdoor Sales and Display. Outdoor Display/Sales is prohibited in the Industrial Districts.

(Ord. 2023-029. Passed 4-18-23.)

1159.06 PERFORMANCE STANDARDS.

Every use shall comply with the following performance standards as well as any other applicable performance standards in this Code. All operations, processes, and equipment employed and goods produced or sold shall be limited to those that are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste, and must comply with the performance standards set forth below.

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, restricted, conditional, or accessory use shall either be disposed of, stored in buildings, or held for removal in completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1159.03 (c) and shall be screened in accordance with the provisions set forth in Chapter 1187, Landscaping, Screening and Lighting Regulations.

(b) Lighting. The placement, orientation, light distribution patterns and fixture types of outdoor lighting shall comply with Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(1) In the Light Industrial/Office District, all uses and operations, except off street parking and loading facilities, shall be operated and performed within an enclosed building, unless specifically permitted as part of an approved Conditional Use Certificate.

(2) In the Industrial District, outdoor storage of materials, equipment, and fleet vehicles may be permitted when stored in compliance with this Chapter and approved by the Planning Commission pursuant to Chapter 1131, Development Plan Review Procedures.

(d) Advertising Vehicle Signs. Advertising vehicle signs are prohibited.

(e) Indoor Storage. All materials stored in buildings and structures shall comply with the Fire Prevention Code of the City and all indoor storage areas shall be accessible to fire-fighting equipment.

(f) Liquid Wastes. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water or a sewer, unless treated so that the amount of solid substances, oils, grease, acids, alkalies and other chemicals shall not exceed the amounts allowed by other codes or regulations of the City.

(g) Bulk Storage of Flammable Liquids and Gases. Except as permitted by the City Fire Prevention Code, the bulk storage of flammable liquids and gases shall be prohibited above and below ground.

(h) Use Must Be Nonobjectionable. Processes and equipment employed and goods produced or sold shall be limited to those, which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.

(i) Noise Control. Noise shall be muffled so as not to become objectionable due to intermittent beat frequency or shrillness. Noise may equal but not exceed the average intensity of street traffic noise at the nearest Residence district boundary line.

(j) Uses Requiring Large Amounts of Water. Laundries, creameries, and other uses requiring large amounts of water shall obtain a written statement from the Building Inspector or the City Engineer certifying that the existing sanitary sewers are adequate to accommodate the proposed use before a permit is granted.

(k) Night Operation. No building customarily used for night operation shall have any opening, other than stationary windows or required fire exits, within 100 feet of any Residence district, and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any Residence district boundary line.

(l) Offensive Uses; Not to be Authorized. No use shall be permitted or authorized to be established or maintained, which, when conducted under adequate conditions and safeguards in compliance with the provisions of this Zoning Code, and any additional conditions or requirements prescribed by the Board of Zoning Appeals or the Planning Commission is or may become hazardous, noxious or offensive due to emission of odor, dust, smoke, cinders, gas fumes, radiation, noise, vibrations, heat frequency, refuse matter or water-carried waste.

(Ord. 2023-029. Passed 4-18-23.)

1159.07 TEMPORARY USES.

(Ord. 2023-029. Passed 4-18-23.)

1159.08 ACCESSORY BUILDINGS.

Accessory buildings that have a gross floor area of 200 square feet or less may be located in a side or rear yard and shall comply with the applicable parking setbacks set forth in Schedule 1159.03 (c). All other accessory buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review for the appropriate zoning district.

(Ord. 2023-029. Passed 4-18-23.)

1159.09 LANDSCAPING, SCREENING, AND LIGHTING REGULATIONS.

Screening and landscaping shall be provided for all lots in the Industrial Districts in accordance with the provisions set forth in Chapter 1187, Landscaping, Screening, and Lighting Regulations.

(Ord. 2023-029. Passed 4-18-23.)

1159.10 SIGNS PERMITTED.

Signs shall be permitted in the Industrial Districts only in accordance with Chapter 1179, Sign Regulations.

(Ord. 2023-029. Passed 4-18-23.)

1159.11 DEVELOPMENT PLAN REVIEW.

All uses, structures, and buildings in the Industrial Districts shall only be permitted after development plans have been reviewed and approved according to the procedures set forth in Chapter 1131, Development Plan Review Procedures.

(Ord. 2023-029. Passed 4-18-23.)

1161.01 GENERAL REQUIREMENTS.

The sanitary regulations prescribed by the Ohio Department of Health or other authority having jurisdiction, the regulations of the Building Code and other applicable codes of the City and any other applicable law, shall be complied with, in addition to the following regulations:

(a) Entrance to Trailer Parks. No vehicular entrance to, or exit from, any trailer park, wherever the same may be located, shall be within 200 feet, measured along the street right-of-way line, from any school, public playground, church, hospital, library or institution for dependents or for children, except where such property is in another block, or another street which the premises in question do not abut.

(b) Park Area. The minimum trailer park area shall be 40,000 square feet.

(d) Lot Width. The minimum lot width per trailer unit site within the trailer park shall be thirty feet. Each lot shall be clearly defined by a permanent marker in the ground.

(e) Lot Area Occupancy. The buildings, cabins and trailers in any trailer park, together with any nonaccessory buildings already existing within such trailer park, shall not occupy in the aggregate more than twenty-five percent (25%) of the total area of such trailer park.

(f) Access. Each trailer park shall abut upon a public street and each trailer unit lot shall have direct access to a private hard-surfaced road.

(g) Distance Between Trailers. The minimum distance between neighboring trailers shall be not less than twenty (20) feet, such distance applying to awnings, porches, lean-to's or other structures or equipment of a porch character designed to be carried in, on or with the mobile home or travel trailer and installed, assembled or erected as appurtenances to the mobile home or travel trailer when parked.

(h) Parking. All areas used for automobile access and parking shall comply with the applicable provisions of this chapter, provided that there shall be at least one off street parking space for each lot to be occupied by a mobile home or travel trailer plus one additional parking space for each four (4) such lots, for the purpose of accommodating guests.

(i) Speed Limit and Traffic Regulations. No person shall operate any type of vehicle at a rate of speed in excess of ten (10) miles per hour within any trailer park, except for emergency or public safety vehicles on call. All traffic laws of the State and of the City pertinent to the operation and maintenance of traffic vehicles and traffic safety shall apply within the trailer park, with the consent of the owner of such park.

(j) Street Names. All streets within a trailer park shall be named, and appropriate signs erected, in accordance with regulations of the City.

(k) Concrete Slab. Each trailer unit lot shall be equipped with a concrete slab of sufficient size to support the wheels and the front parking jack. Such slab shall have a minimum horizontal dimension of eight (8) feet by ten (10) feet and a minimum thickness of four (4) inches.

(l) Interior Streets. The minimum roadway width of interior one-way streets with parking permitted on one side shall be twenty-one (21) feet. The minimum roadway width of two-way streets without parking permitted shall be twenty (20) feet. Such streets shall be paved according to City specifications for residential streets, maintained in good condition and lighted at night. All interior streets shall be so arranged as to permit the Fire Division apparatus to approach to within 200 feet of any part of any parking mobile home or trailer unit.

(m) Recreation Areas. There shall be provided within each trailer park an adequate site or sites for recreation, for the exclusive use of the park's occupants. Such recreation site or sites shall have a minimum area in the aggregate of seventy-five (75) square feet for each trailer unit space in such park. The recreation sites shall be of appropriate design and provided with appropriate equipment.

(n) Landscaping; Unused Areas. All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land, not less than ten (10) feet in width, shall be established and maintained within the trailer park along its exterior boundaries.

(o) Length of Occupancy. No trailer unit shall remain in a trailer park for a period exceeding seven (7) days without connection to the permanent sanitary sewer system of the park.

(p) Utilities. A Municipal sanitary sewer and Municipal water system shall be installed in accordance with City specifications. Trailer units not equipped with water and sewer facilities shall be located not more than 200 feet from a community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be located within the trailer park in accordance with the specifications of the American Insurance Association and subject to approval by the Fire Chief of the City. Each trailer unit shall be equipped with one electric outlet minimum and it is recommended that each trailer unit be provided with electrical supply as required by National Fire Protection Association Standard No. 501 B, provided that grounding and bonding shall be performed in a good workmanlike manner and shall provide good electrical connections between all grounding members, and provided further that gas piping shall not be used as the ground electrode.

(q) Rubbish. All areas around trailer units shall be kept free from an accumulation of rubbish, including paper, leaves and brush. Containers shall be provided for disposing of rubbish and a collection system maintained. Burning of rubbish shall be permitted either in incinerators provided or as determined by the Board of Zoning Appeals.

(r) Permanent Structures. All structures built permanently in place in conjunction with a mobile home or travel trailer unit shall not be considered as part of the mobile home or travel trailer unit. Such structures shall be considered as buildings and thus subject to the provisions of applicable Building Code provisions and other appropriate regulations and requirements.

(Ord. 72-13. Passed 7-11-72.)

1161.02 SUBMISSION OF PLANS FOR TRAILER PARKS.

An application for the establishment of a trailer park shall be filed with the Building Commissioner and must be accompanied by a scale drawing certified by a registered land surveyor or other qualified person. Such drawing shall contain the following information, plus any other data deemed necessary by the Building Commissioner:

(a) Accurate dimensions of the proposed trailer park, in feet;

(b) All roads and approaches, including the method of ingress and egress from public streets and highways;

(d) The complete electric service installation, wire service outlets and lighting facilities;

(e) A complete layout of the spaces allocated for each trailer unit, and the number of square feet therein, together with the dimensions thereof; and

(f) The location of the electric power or gas distribution system; water mains for water supply and fire hydrants; outlets for domestic water users; sanitary facilities; washrooms; garbage disposal units; incinerators; sanitary sewers; sewer drain lines; fire protection facilities; and other buildings or structures contemplated to be used by the applicant in connection with the business, including pertinent dimensions and other data as may be required by the Building Commissioner.

(Ord. 72-13. Passed 7-11-72.)

1161.03 ENLARGEMENT; BOARD APPROVAL.

(a) Certificate Required. Any enlargement or extension to any existing trailer park within the City shall require application for a zoning certificate, as if it were a new establishment.

(b) Existing Facilities to Comply. No enlargement or extension of any existing trailer park shall be permitted unless the existing trailer park is made to conform substantially with all the requirements and regulations for new construction for such an establishment.

(Ord. 72-13. Passed 7-11-72.)

1161.04 ADDITIONAL REQUIREMENTS.

In addition to the foregoing, the Board of Zoning Appeals may impose such other conditions, requirements or limitations concerning the design, development and operation of trailer parks within the City as it may deem necessary for the protection of adjacent properties and the public interest.

(Ord. 72-13. Passed 7-11-72.)

1165.01 INTENT.

The Outparcel Overlay (OO) District is established to permit large parcel owners to sell and/or develop right-of-way-adjacent land into an outparcel development. The OO District expands

permitted uses within an established zoning district while protecting the character of the underlying district. (Ord. 2024-069. Passed 9-17-24.)

1165.02 APPLICABILITY.

(a) The Outparcel Overlay District shall be an overlay district that may apply to areas that meet the following criteria:

(1) Parcels within the following underlying zoning:

A. I - Industrial District

B. LIO - Light Industrial/Office District

C. SC-1 - Shopping Center District

(2) The outparcel development may be split from the larger parcel; however, existing curb cuts and access must be jointly shared through an executed legal agreement between landowners to avoid new curb cuts onto the street. A copy of such legal agreement shall be provided to and kept on file by the City's Building Department and the County.

(3) The applicant must demonstrate the proposed use to be a benefit to the community. Council may consider the following factors at a minimum:

A. Property and payroll benefit to the City;

B. Limited traffic impact. A traffic study may be required;

C. Market viability. The proposed use does not saturate the specific market within the City; and

D. Aesthetic impact to the corridor and potential obstruction of sight lines to rear businesses.

(4) The provisions of the Outparcel Overlay District, when in conflict with the other articles of the Zoning Code, shall take precedence.

(Ord. 2024-069. Passed 9-17-24.)

1165.03 USE REGULATIONS.

(a) All uses permitted in the underlying zoning district shall be permitted in the Outparcel Overlay District and shall follow "Specific-Use Standards" as outlined in Chapter 1171.

(b) Permitted Uses in the Outparcel Overlay District may include the following:

(1) Medical/Dental Clinic; Urgent Care facilities.

(2) Retail establishments, with an underlying zoning district SC-1

required to follow the "Specific-Use Standards" as outlined in Chapter 1171:

(1) Retail establishments, with an underlying zoning district I or LIO;

(2) Car washes;

(3) Drive-thru facilities;

(4) Freestanding drive-thru facilities; or

(5) Indoor commercial recreation facilities.

(Ord. 2024-069. Passed 9-17-24.)

1165.04 DEVELOPMENT AND DESIGN STANDARDS.

The development and design standards for permitted uses in the Outparcel Overlay District are set forth below.

(1) Lot Requirements.

A. Minimum lot area - 1-acre

B. Maximum lot coverage - 70%

(2) Building Setback Requirements.

A. Minimum Front Setbacks (from public rights-of-way) - 35 feet

B. Minimum Setback Abutting Non-Residential Districts - 25 feet

C. Minimum Setback Abutting Residential Districts - 50 feet

(3) Parking Setback Requirements.

A. Minimum Front Setbacks (from public rights-of-way) - 35 feet

B. Minimum Setback Abutting Non-Residential Districts - 10 feet

C. Minimum Setback Abutting Residential Districts - 50 feet

(4) Height Regulations.

A. Maximum Height of Primary Building - 45 feet

B. Maximum Height of Accessory Structure - 20 feet

(5) Design Standards

A. Applicant shall comply with all city entitlement procedures and design standards.

B. Applicant shall undergo review by the City's Architectural Board of Review, Planning Commission, and Board of Zoning Appeals as dictated by City ordinances.

(Ord. 2024-069. Passed 9-17-24.)

1165.05 OFF-STREET PARKING REGULATIONS.

(a) Off street parking lots shall comply with Chapter 1181, Off-Street Parking and Loading Regulations, and the parking requirements below:

(1) Landscaping within the Parking Setback and Off-Street Parking Areas. Landscaping in the Outparcel Overlay District shall comply with requirements in Section 1151.05(d) and (e).

(2) Loading and Service Areas. Loading and Service Areas in the Outparcel Overlay District shall comply with requirements in Section 1151.05(g).

(Ord. 2024-069. Passed 9-17-24.)

1165.06 UNDERLYING ZONING REQUIREMENTS.

Regulations for Outdoor Activities, Performance Standards, Temporary Uses, Accessory Buildings, Landscaping, Screening, and Lighting Regulation, and Signs Permitted shall be in compliance with the underlying Zoning. (Ord. 2024-069. Passed 9-17-24.)

1165.07 DEVELOPMENT PLAN REVIEW.

All uses, structures, and buildings in the Outparcel Overlay District shall only be permitted after development plans have been reviewed and approved according to the procedures set faith in Chapter 1131, Development Plan Review Procedures. Applicant shall follow the requirements

for the underlying. (Ord. 2024-069. Passed 9-17-24.)

Bedford Heights City Zoning Code

TITLE NINE

Zoning Code; Non-Residence Districts

1151.01 INTENT.

The General Business (GB) and Shopping Center (SC-1) districts and their regulations are established herein in order to achieve, among others, the following purposes:

(a) To provide appropriate and convenient locations of sufficient size for the exchange of goods and services and other business activities.

(b) To provide retail business districts, which may be open in evenings, that serve the need for shopping and convenience goods and services for the entire community.

(c) To accommodate a variety of retail and service commercial uses serving the community and surrounding trade area in locations where convenient and efficient access is provided.

1151.02 USE REGULATIONS.

(a) Use Schedule Summary. Schedule 1151.02 (d) sets forth the uses allowed in the General Business and Shopping Center Districts. The abbreviations used in the Schedule indicate the following:

(1) Uses Permitted By Right. A "P" in a cell indicates that the use is allowed by-right as a principal use in the respective district.

(5) Blank Cell. A blank cell in a District column indicates that the use is not allowed in that zoning district.

Schedule 1151.02 (d) Use Regulations
	General Business GB	Shopping Center SC-1	Use-Specific Standards
(1) Office/Professional Services
A. Banking; financial institution	P	P
B. Conference Center	P	P
C. Medical/Dental Clinic; Urgent Care	P
D. Offices - administrative/professional	P	P
E. Offices - medical/dental	P	P

Schedule 1151.02 (d) Use Regulations
	General Business GB	Shopping Center SC-1	Use-Specific Standards
(2) Retail/Personal Services
A. Animal hospital/veterinary clinic with or without outdoor runs and kennels	R		1171.03 (a)
B. Antique establishment	P	P
C. Artist studio	P
D. Brewpub	C	C	1171.03 (e)
E. Day care center, adult	C		1171.03 (l)
F. Day care center, child	C		1171.03 (m)
G. Experiential retail establishment	P	P
H. Funeral homes, mortuaries excluding crematories	P
I. Home improvement center	R		1171.03 (q)
J. Personal service establishment	P	P
K. Restaurants	P	P
L. Retail Establishments	P	P
M. Retail, large format		P
N. Second-hand establishment	R		1171.03 (dd)
(3) Entertainment/Recreation
A. Assembly hall	P	P
B. Health club	P	P
C. Indoor commercial recreation	R	P	1171.03 (h)
D. School, specialty/personal instruction	P	P
E. Membership club	P	P
(4) Governmental/Community Facilities
A. Congregate care facility/nursing home/ assisted living facility	P
B. Cultural Institution	P	P
C. Library	P
D. Public safety facility	R		1171.03 (aa)
E. School (public/private) college/ university	P	P
F. School (public/private), elementary/ secondary	P	P
G. Vocational and trade school	P	P

Schedule 1151.02 (d) Use Regulations
	General Business GB	Shopping Center SC-1	Use-Specific Standards
(5) Industrial
A. Artisan industrial	R		1171.03 (b)
B. Contractor’s facility	R		1171.03 (j)
C. Research and development facilities	P
D. Office Warehouse/Flex Space	R		1171.03 (x)
E. Wholesale establishments	P
F. Manufacturing, light	R		1171.03 (s)
(6) Vehicles and Equipment
A. Automobile fueling stations	C		1171.03 (d)
B. Automobile service stations	C		1171.03 (d)
C. Car wash	C		1171.03 (g)
D. Drive-thru facility	C		1171.03 (o)
E. Freestanding drive-thru facility	C		1171.03 (o)
F. Motor vehicle sales and leasing	C		1171.03 (u)
(7) Accessory Uses
A. Electric vehicle charging stations	A	A
B. Outdoor dining in association with a principal permitted use	A	A	1151.06 (c)
C. Outdoor storage of general materials in association with a principal permitted use	A	A	1151.06 (a)
D. Outdoor overnight storage of fleet vehicles and equipment in association with a principal permitted use	A	A	1151.06 (a)
E. Outdoor sales/display in association with a principal permitted use		A	1151.06 (b)
F. Outdoor unattended charitable donation bins	A	A	Chapter 1130
P = Principal Permitted By-Right Use R=Restricted Use C=Conditional Use A = Accessory Use Blank Cell = Not Permitted

(e) Similar Uses. See Section 1133.02 (b)(15).

(Ord. 2023-029. Passed 4-18-23.)

1151.03 DEVELOPMENT STANDARDS.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the General Business and Shopping Center Districts are set forth in Schedule 1151.03(a).

Schedule 1151.03 (a) Lot Requirements in the General Business and Shopping Center Districts
	General Business GB	Shopping Center SC-1
(1) Minimum lot area	None	12 acres
(2) Minimum lot width	50 feet	200 feet
(3) Maximum lot coverage	85%	70%

(1) Determining Front Setback. Each lot shall maintain the minimum or maximum front setback measured from the street right of way.

(2) Corner Lots. A corner lot shall comply with the front setback for each side facing and adjacent to a street right of way.

(3) Obstructions in the Setback. The area within each setback shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1151.03 (c) Building and Parking Setback Requirements
	General Business GB	Shopping Center SC-1
(1) Minimum Front Setback (from public street rights-of-way)	NA	35 feet
(2) Maximum Front Setback (from public street rights-of-way)	50 feet	NA
(3) Minimum Setback Abutting Nonresidential Districts and the R-3 District	None	25 feet(a)
(4) Minimum Setback Abutting Residence Districts, except R-3	50 feet	50 feet
(5) Minimum Off-Street Parking Area Setback
A. Public Rights-of-Way	10 feet	35 feet
B. Residential Districts	10 feet	50 feet
C. All Other Lot Lines	10 feet	10 feet
NA = Not applicable (a) No setback shall be required for abutments to highway limited access areas and to parcels in the same zoning district.

(d) Height Regulations. Buildings and structures shall comply with the height limitations in Schedule 1151.03(d) for the zoning district in which the lot is located.

Schedule 1151.03 (d) Height Regulations in the General Business and Shopping Center Districts
	General Business GB	Shopping Center SC-1
(1) Maximum Building Height	35 feet	45 feet
(2) Maximum Height of Accessory Building/ Structure	20 feet	20 feet

(Ord. 2023-029. Passed 4-18-23.)

1151.04 REQUIRED DESIGN STANDARDS.

(1) To strengthen, enhance, and improve the existing visual and aesthetic character of the General Business District;

(2) To protect and enhance property values; and,

(3) To provide guidelines for property owners, architects, and contractors to aid in the preparation of appropriate plans.

A. The purposes of the Zoning District;

B. The intent of the guideline from which the exception is requested; and,

C. Whether the intent of the standard may be met by an alternate means.

Schedule 1151.04(c)

Required Design Standards in the General Business District

(1) Buildings and principal building entrances shall be oriented toward the public street to contribute to a dynamic pedestrian and street environment.

(4) First floor windows shall permit view of the interior of the building. Windows shall remain transparent and shall not be blocked in any manner except for permitted temporary window signage.

(7) Facade openings, including windows and colonnades, shall be vertical in proportion.

(8) Facades may be supplemented by awnings, which shall be straight sheds without side flaps, but shall not be cubed or curved.

(10) All roof top equipment shall be concealed in building materials that match the structure or shall be painted to be visually compatible with the structure.

(d) Illustrative Examples of Appropriately Designed Buildings in the General Business District.

	A combination of materials, textures, colors, and finishes shall be utilized to create visual interest. First floor windows shall permit view of the interior of the building. Windows shall remain transparent and shall not be blocked in any manner except for permitted temporary window signage.
	Facades may be supplemented by awnings, which shall be straight sheds without side flaps, but shall not be cubed or curved. Buildings and principal building entrances shall be oriented toward the public street to contribute to a dynamic pedestrian and street environment. *Facade openings, including windows and colonnades, shall be vertical in proportion.
	The pattern of architectural features, such as windows and doors, shall be placed upon the facade of a building in a pattern that creates a building fenestration that has a constant rhythm, a harmonious appearance, and is proportional to one another and surrounding buildings, if applicable. Materials within ten (10) feet of the ground or the sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic.