Boston Heights City Zoning Code
TITLE SEVEN
Use Districts and Regulations
1151.01 DISTRICTS DESIGNATED.
In order to classify, regulate and restrict the location of trades, residences, recreation and other land uses and the use of buildings and structures designed for special uses, to regulate and limit the height, bulk, number of stories and size of buildings and other structures hereafter attempted to be located on land in any zoning district; to regulate and limit the percentage of lot areas which may be occupied, provide setback building lines, size of yards, courts and other open spaces within and surrounding business, the density of population, the territory within the Municipality is hereby divided into six districts. To the extent any development or new construction is sought in any district that also has an overlay district, the "Area-wide Standards" set forth in Section 1163.06 shall apply. All such regulations shall be uniform throughout each class or kind of building or structure. Districts shall be known as:
Residential District (RES)
Office/Professional District (OP)
General Business District (GB)
Retail Business District (RB)
Light Manufacturing District (LM)
Hines Hill Corridor Overlay (HHO)
(Ord. 2017-7-15. Passed 9-12-17.)
1151.02 DISTRICT MAP.
(a) The districts and their boundary lines are indicated as shown upon the Zoning Map of the Municipality. The Zoning Map together with all notations, references and other matters shown thereon is hereby declared a part of this Zoning Ordinance.
(b) The Zoning Map, as amended, is attached hereto as Exhibit "A", and is hereby accepted and ratified by Council.
(Ord. 2017-7-15. Passed 9-12-17.)
1151.03 ZONING OF VACATED STREETS.
Whenever any street, alley or public way is vacated by official action of Council, the zoning of the district adjoining each side of such street, alley or public way, shall be automatically extended to the center of such vacation and all areas included in the vacation shall thereafter be subject to all regulations of the extended districts.
(Ord. 2017-7-15. Passed 9-12-17.)
1151.04 GENERAL PROVISIONS.
(a) (1) A non-residential district is any zoning district other than a Residential District.
(2) Any non-residential district use shall have a buffer zone of undeveloped land between said use and any adjacent Residential District area. Undeveloped land means, at a minimum, that no structure, parking area, or open storage will be permitted thereon. Said buffer zone shall not be less than 100 feet in width. The buffer zone shall run along entire property line between the non-residential district and the adjacent Residential District. Such buffer zone shall be landscaped to provide effective and permanent visual screening as approved by the Village Engineer. If there is a road separating the two district areas then the buffer zone shall be measured from the center of the right of way.
(3) Any non-residential district use bordering a Residential District area shall have two height restricted zones between said use and the undeveloped land buffer zone of Section 1151.04(a)(2). The first height restricted zone shall border the undeveloped land buffer and have a width of not less than 100 feet. Structures located in this first height restricted zone may not exceed the lesser of fourteen feet or one story. The second height restricted zone shall border the first height restricted zone and have a width of not less than 100 feet. Structures located in this second height restricted zone may not exceed the lesser of twenty-eight feet or two stories or the height permitted in the nonresidential district.
(b) Any use or action that will result in development or construction in the Village of Boston Heights approved by either the Planning Commission or the Board of Zoning Appeals shall be initiated through procuring a permit or permits. Construction must be started within one year from the approval date on said permit or permits, after which date, said permit or permits will expire and new permits must be approved by either the Planning Commission or the Board of Zoning Appeals.
(1) Any amendment to a permit or permits shall alter the approval date of said permit or permits to the date the amendment was approved.
(2) Any permits that must be acquired from an agency other than the Planning Commission or Board of Zoning Appeals must be acquired within one year of the application date of the proposed use.
(c) (1) Every building intended for business, commercial and/or industrial use shall be constructed of fireproof or semi-fireproof building materials in accordance with Chapter 1373 and as approved by the Ohio Basic Building Code.
(2) All buildings constructed in the Office Professional, General Business, and Retail Business Districts shall be constructed of a brick or ornamental masonry exterior.
(3) The office portion of any building constructed in the Light Manufacturing District shall be constructed of a brick or ornamental masonry exterior, and any part or portion of a building constructed in the Light Manufacturing District that is visible from any street or highway shall be constructed of a brick or ornamental masonry exterior.
(4) No internally illuminated fascias, roofs, arches, or other plastic structures or materials may be incorporated in the exterior design of any building constructed in the Office Professional, General Business, Retail Business, or Light Manufacturing District, or any building constructed for a conditional use in a Residential District.
(d) The provisions of Chapters 1151 through 1162 shall not be construed to remove or render inoperative any restrictions on land established by restrictive covenants. However, when any provision of this chapter imposes a greater restriction upon buildings or premises than is imposed by any such restrictive covenants, the provisions of this chapter shall control and be in force and effect. If any provision of this Chapter imposes a lower or less restrictive standard than any other Village ordinance or State law, then the higher or more restrictive standard contained in such other ordinance or law shall prevail.
(Ord. 2017-7-15. Passed 9-12-17.)
1151.05 SITE PLAN REVIEW.
(a) All business uses in the Office/Professional, General Business, Retail Business, and Light Manufacturing Districts, and conditional uses in the Residential District, unless excepted in subsection (e) herein, shall be permitted only after site plans are reviewed and approved by the Planning Commission, and upon issuance of a zoning permit by the Zoning Inspector.
(b) All uses in the Residential District other than those indicated in subsection (a) herein shall be permitted only after site plans are reviewed and approved by the Zoning Inspector and the Village Engineer, should the Zoning Inspector refer such plans to the Village Engineer, and upon issuance of a zoning permit by the Zoning Inspector.
(c) (1) The Zoning Inspector may accept general or conceptual provisions within preliminary site plans, subject to explicit approval of corresponding provisions in the corresponding final site plan.
(2) The applicant shall specify whether the application is to be reviewed as a preliminary site plan, or as a final site plan. Approval of a preliminary site plan shall not constitute approval of a final site plan.
(3) The purpose of a preliminary site plan review is to ensure compliance with the Zoning Code, including but not limited to permitted or conditional uses, setback requirements, parking requirements, and building dimensions.
(d) Site plans, including preliminary and final, shall be submitted in the form determined by the Zoning Inspector as approved by the Planning Commission. Such plans shall be reviewed and distributed according to the following procedures:
(1) Review for Completeness. Upon receiving an application, the Zoning Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Inspector shall notify the applicant of the necessary changes or additional information needed. The Zoning Inspector shall complete the review within a reasonable time based on the scope of such application. The site plan must provide an accurate description of the proposed uses, structures and site improvements. The following general requirements, where determined applicable by the Zoning Inspector, may be demonstrated in any preliminary site plan, and must be met by any final site plan:
A. The site plan shows that a proper relationship exists between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety and efficient traffic circulation within the site.
B. All the development features, including the principal buildings, open spaces, service roads, driveways and parking areas are located and related as to minimize the possibility of any adverse effects and to maintain harmony with adjacent developments.
C. The arrangement of public or common ways for pedestrian circulation connects to existing or planned sidewalks or bicycle pathways in the area, and is insulated as completely as possible from the vehicular circulation system. The site design complies with applicable federal, state, and local laws and regulations regarding barrier-free access.
D. Off-street parking lots and loading zones are arranged, located and designed to accommodate the intensity of proposed uses, minimize conflicts with adjacent uses, enhance the character of the neighborhood, and promote shared-use of common facilities by adjoining properties.
E. The site plan includes adequate provision for the screening of parking areas and service areas from surrounding property by landscaping.
F. Grading and surface drainage provision are reviewed and approved by the Village Engineer. All drainage calculations and a drainage area map shall be provided for all developments. Drainage systems, storm water facilities, and soil erosion, sedimentation and dust control measures are arranged, located and designed to promote shared-use of common facilities by adjoining properties. Adjoining properties, public rights-of-way and the capacity of the public storm drainage system will not be adversely affected by storm water runoff and sedimentation.
G. Maximum possible privacy for surrounding residential property shall be provided through good design and the use of proper building materials and landscaping. Visual privacy shall be provided through structural screening and landscaping treatment.
H. The architectural design of commercial buildings shall be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, materials, line in pattern and character.
I. All sites and buildings are designed to allow convenient and direct emergency access, and the level of vulnerability to injury or loss from incidents involving hazardous materials or processes will not exceed the City's emergency response capabilities.
J. Building location and placement shall be developed with consideration given to minimizing removal of trees.
K. In parking areas with front yard frontages greater than 400 feet, visual relief shall be provided through the use of tree plantings and landscaped dividers, islands, and walkways. Landscaping and planting shall be a minimum of twenty percent (20%) of the side yard parking area and ten percent (10%) of the rear yard parking area.
L. The site plan shall include a landscaping plan for the site, which plan shall meet the following requirements:
i. he landscaping plan shall show the site, its boundaries and easements, existing and proposed buildings and other permanent features including but not limited to drives, sidewalks, parking areas, signs, fences, dumpster locations, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.
ii. The landscaping plan shall detail existing and proposed trees, plantings, ornamental structures, and other landscaping elements in relation to the site as described in subsection (i) herein, and its topographical contours.
iii. The landscaping plan shall specify a timetable for installation of the proposed landscaping elements as described in subsection (ii) herein.
iv. The landscaping plan shall not incorporate any substantial use of artificial plantings.
M. All exterior lighting fixtures are designed, arranged and shielded to meet the following requirements:
i. Such lighting shall minimize glare and light trespass; no light shall shine directly on adjacent property.
ii. Such lighting shall not be of such intensity or brilliance nor arranged in any way as to impair the vision of a motor vehicle driver or to otherwise interfere with the operation of a motor vehicle, and shall in no way impair safe movement of traffic on any street or highway.
iii. Such lighting shall maximize security.
iv. No strings of open light bulbs shall be permitted.
N. Ingress and egress to the land will not adversely impact access and traffic flow to public facilities and services.
O. The site design preserves and conserves natural, cultural, historical and architectural site features, including but not limited to architecturally or historically significant buildings, archeological sites, wetlands, topography, tree-rows and hedgerows, wooded areas and significant individual trees.
P. Land use will not adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
Q. The site plans are compliant with all provisions of the Zoning Ordinance.
(2) Distribution of Plans. When the Zoning Inspector determines that the application and its site plans are complete, and the associated fees have been received from the applicant, the Zoning Inspector shall forward the application to the Village Engineer for review and comment. Any reports, comments, or expert opinions shall be returned by the Village Engineer to the Zoning Inspector within a reasonable time based on the scope of the project.
(3) Transmission to the Applicable Board or Commission. Upon receiving the report of the Village Engineer on his review of the application for preliminary or final site plan review, the Zoning Inspector shall distribute the application for site plan review, and any reports prepared by the Village Engineer or other parties, to the Chairperson of the applicable board or commission, who shall place the application on the agenda for the next regularly scheduled meeting of that board or commission.
(4) A. The Zoning Inspector and/or the Planning Commission may require that a performance bond be made payable to the Village of Boston Heights for the issuance of a Zoning Permit in all Districts, in an amount up to one hundred and twenty-five percent (125%) of the construction cost of the use, sufficient to preserve the interests of the Village with respect to such use. The bond must be issued by a recognized and approved bonding company licensed in the State of Ohio and acceptable to the Zoning Inspector. No project shall be released from such bond if there is a failure to comply with approved site plans.
B. The Zoning Inspector and/or the Planning Commission may require that a maintenance bond be made payable to the Village of Boston Heights for the issuance of a Zoning Permit in all Districts, in the amount and duration to be determined by the Zoning Inspector. The bond must be issued by a recognized and approved bonding company licensed in the State of Ohio and acceptable to the Zoning Inspector. No project shall be released from such bond before the Zoning Inspector certifies compliance with the requirements and duration of such bond.
(e) Exception: Zoning Inspector Provisional Approval. Upon application, the Zoning inspector may make a provisional approval for the continuation of a permitted use where only the ownership of the use is changed, where such use has been previously approved by the Planning Commission, and where no modifications of any kind are made to the previously approved site plan and operations of such use.
(1) Such provisional approval shall extend the existing Certificate of Zoning Compliance and permit the continuation of such use up until the second meeting of the Planning Commission following its issuance unless extended by the Planning Commission.
(2) The Zoning Inspector shall present the application for such provisional approval to the Planning Commission, along with the particulars of the previously approved use and site plan, at the next regular meeting of the Planning Commission, whereupon the Commission shall make a final determination of approval. The Zoning Inspector may require the applicant to attend said meeting, or may explicitly waive such requirement.
(3) Applicants bear all the risk associated with continuation of such use under a provisional approval by the Zoning Inspector regardless of whether the use is ultimately approved or modified by the Planning Commission.
(f) The Planning Commission shall send property owners contiguous to, or across the street from, the lot(s) involved in any site plan application, and all other property owners within five hundred (500) feet of any yard of such lot, written notice of the hearing on such application at least five (5) days before the scheduled hearing date. A failure to provide such notice shall not invalidate any determination made by the Planning Commission.
(Ord. 2017-7-15. Passed 9-12-17.)
1151.06 CONFORMANCE WITH SITE PLANS.
The following regulations concerning conformance with Site Plans shall apply to all uses in all Districts:
(a) The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, and installation of landscaping fences, lighting, and walks shall conform to the site plan approved pursuant to Section 1151.05.
(b) Any revisions in the site plan after final approval by the Planning Commission and/or the Zoning Inspector pursuant to Section 1151.05 must be resubmitted for approval by the Commission and/or the Zoning Inspector, as applicable.
(c) Any subsequent construction, reconstruction, or changes in topography or the uses of the property not previously approved pursuant to Section 1151.05 must be submitted to the Planning Commission and/or the Zoning Inspector, as applicable, for review and approval.
(d) All landscaping shall be completed in accordance with the landscaping plan included in the site plan approved pursuant to Section 1151.05 before a Certificate of Zoning Compliance shall be issued for occupancy of the premises. However, in the case of winter occupancy (after November 1) all planting is to be completed by the subsequent May 1.
(e) No zoning permit shall be issued without the submission of Bonds as required pursuant to Section 1151.05 . Such Bonds shall be issued by a recognized and approved bonding company acceptable to the Zoning Inspector. After all conditions of the Zoning Ordinance and Section 1151.05 are met, such Bonds shall be returned to the applicant. (Ord. 2017-7-15. Passed 9-12-17.)
1151.07 OFF STREET PARKING SPACES.
(a) The following minimum allocation of off street parking spaces shall apply to business uses in the Office/Professional, General Business, Retail Business and Light Manufacturing Districts, and conditional uses in the Residential District:
(1) Automotive Repair Services: Two spaces for each service bay, plus one space per employee, not counting space for cars being fueled.
(2) Automotive Service Stations: One space per fuel pump, plus one space for each 1.5 employees.
(3) Automotive Dealers: One space for each 400 square feet of floor area or any portion thereof, one space for each 1000 square feet of outside display space or any portion thereof, plus one (1) for each employee.
(4) Banks and Other Financial Institutions: One space for each 400 square feet of floor area plus sufficient stacking space at drive-through facilities to accommodate the number of automobiles equal to five times the number of such teller windows.
(5) Bars/Taverns: One space for each three seats.
(6) Bed and Breakfast Inn: One space for each guest room plus two spaces for the permanent residence.
(7) Bowling Alleys: Five spaces for each alley.
(8) Car Wash Facilities: Automobile car washes shall provide sufficient stacking spaces for four vehicles per bay, and one space per employee.
(9) Commercial Nursery: One space per 1,000 square feet of floor or greenhouse area plus one space per 2,000 square feet of land area.
(10) Commercial School: One space per 300 square feet of floor area.
(11) Contractor Yard: One space for each 1,000 square feet of floor area plus one space for each facility vehicle.
(12) Convalescent Care Facility: One space for every six beds plus one space for every two employees.
(13) Convenience Store: One space for each 200 square feet of floor area.
(14) Convention or Conference: Four spaces per 300 square feet of floor area.
(15) Day Care Center: One space for each 500 square feet of floor area plus one space for each employee.
(16) Elementary and Middle Schools: One space per teacher or employee plus one space per fifteen classroom seats.
(17) Business, technical or trade school, college or university: One space per 5 students over 16 years old plus one space per teacher or employee.
(18) Entertainment & amusement: One space for each three seats or one space for each 200 feet of floor area, whichever is greater.
(19) Funeral Home: Four spaces per 300 square feet of floor area.
(20) Golf Course: One space per two employees, plus three per golf hole.
(21) Group Home: One space for each four beds.
(22) High Schools: One space per two teachers, employees and administrators, plus one space per ten classroom seats.
(23) Hospitals; One space for each two beds.
(24) Motel/Motels: One space for each sleeping room plus one space for each 400 square feet of public meeting area and/or restaurant space.
(25) Industrial/Manufacturing: One space for each employee on the shift with the highest number of employees plus six.
(26) Medical Clinics: One space for each 100 square feet of floor area .
(27) Office: One space for each 250 square feet of floor area as the minimum parking space requirement.
(28) Service: One space for each 200 square feet of floor area.
(29) Printing and Related Trades: One space for each 500 square feet of floor area.
(30) Private Member Recreation: One space per 200 square feet of floor area or one space for each four seats, whichever is greater.
(31) Public Buildings: One space for each 200 square feet of floor area.
(32) Recording, Radio or TV: One space per 400 square feet of floor area.
(33) Recreational: One space for each two participants at maximum utilization.
(34) Places of Worship: One space for each four seats in the place of assembly. When individual seats are not provided, each 20 inches of a bench shall be considered one seat. Such uses may establish with public or commercial establishments joint parking facilities for up to fifty percent of their required spaces provided that a written agreement thereto is obtained and that all parking area so designated lie within 300 feet of the main entrance of the church.
(35) Research and Development: One space for each 500 square feet of floor area.
(36) Restaurants: One space for each two seats of seating capacity plus sufficient stacking space at drive-through facilities to accommodate the number of automobiles equal to five times the number of server windows
(37) Retail Business: One space for each 300 square feet of floor area.
(38) Rooming Houses, Apartments, Condominiums: One space for each rentable unit.
(39) Skating Rink: One space per each 200 square feet of floor area.
(40) Swimming Club: one space for each 300 square feet of pool and promenade area.
(41) Theaters: One space for each three seats plus one for each two employees.
(42) Veterinarian Facility: Four spaces for each examination room.
(43) Warehousing: One space for each 1,000 square feet.
(44) A minimum of three car stalls for each 1,000 square feet of total gross floor area shall be provided whenever building usage is not specified.
(Ord. 2017-7-15. Passed 9-12-17.)
(45) Tobacco and Vapor Lounge: One space for each two seats of seating capacity plus one for each two employees.
(Ord. 2019-4-7. Passed 6-11-19.)
(b) The number of required off-street parking spaces may be eliminated or reduced if there exists within 500 feet of a place of worship, public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of Section (a). Any spaces provided in public or private lots must be shown to be legally available for worshipers on the day or days of greatest use.
(c) Parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use.
(d) The parking spaces required shall be increased to the next highest whole number where a fractional space results from any computation.
(e) At the express discretion of the Planning Commission, up to 25% of the minimum parking specified in (a) may be set aside for possible future parking needs and left as undeveloped space. This undeveloped space may not be counted in complying with other sections of the zoning code, riparian setback requirements, or wetlands delineation.
(f) Parking may not exceed 150% of the minimum specified in subsection (a) hereof except as provided below. Parking beyond 150% of the minimum specified in subsection (a) hereof is permitted only if a permanent green space area equal to twice the area allotted to parking beyond 150% of the minimum specified in (a) is set aside. This is in addition to any green space or open areas required by any other sections of the zoning code, riparian setback requirements, or wetlands delineations. (Ord. 2017-7-15. Passed 9-12-17.)
1151.08 PARKING REQUIREMENTS.
The following parking requirements shall apply to business uses in the Office/Professional, General Business, Retail Business, and Light Manufacturing Districts, and conditional uses in the Residential District:
(a) Parking shall be provided with buildings of undesignated uses. The builder or developer must comply with the requirements of Section 1151.07.
(b) All required off-street parking spaces shall have a vertical clearance of at least 6 feet 6 inches.
(c) Lighting used to illuminate an off-street parking area shall be so arranged as to direct the light away from properties within an Residential District which do not contain uses for which the parking is being provided.
(d) An off-street parking space is a rectangular area for parking one motor vehicle and is exclusive of the right-of-way of any public or private street or any driveway, aisle, circulation space, or off-street loading space. Off-street parking spaces shall have the following minimum rectangular dimensions:
Angle of Parking Minimum Aisle Width Minimum Space Size
(in degrees) (in feet) (in feet)
90 20 10 x 20
90 25 9 x 19
60 17 one way travel 9 x 19
60 20 two way travel 9 x 19
45 13 one way travel 10 x 20
45 20 two way travel 10 x 20
Parallel 25 10 x 23
(e) (1) The parking area shall be paved with asphalt or concrete and contain adequate base material. Concrete parking areas shall consist of either a six-inch minimum depth of item 452 plain portland cement concrete pavement or six inch minimum depth of item 451 reinforced portland cement concrete pavement, and shall have a sub-base consisting of a minimum thickness of three inches of item 310 as designated by the Ohio Department of Transportation current dated construction and material specifications. Asphalt parking areas shall consist of a one and one-half inch minimum depth of 488 asphalt, and shall have a base consisting of a minimum of two inches of item 304 aggregate base as designated by the Ohio Department of Transportation current dated construction and material specifications.
(2) Permeable pavement solutions may be used to pave the parking area, upon approval from both the Village Engineer and the Planning Commission. The Village Engineer shall determine if a geotechnical engineer is needed to conduct subsurface exploration in connection with the permeable pavement solution.
(f) Parking areas and access driveways shall be so graded and drained so as to dispose of all surface water and drainage into proper outlets so that such surface water and drainage shall not be allowed to flow onto adjacent properties or remain standing in said driveways or parking areas. In other than one or two family uses all surface water and drainage shall not be allowed to flow across a public sidewalk.
(g) Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersection corners. There shall not be more than two accessways abutting any one street. Such accessways shall have a throat width of not less than twenty-five feet and a width using a minimum of twenty feet radius curve from the street curb line. All points of ingress and egress shall be located at least 100 feet from all road intersections as measured between the road right of way and the centerline of the ingress or egress point.
(h) Any off-street parking area for five or more parking spaces and all waiting/queuing spaces shall indicate the location of each parking or waiting/queuing space, the location of spaces for persons with disabilities, and the location and direction or movement along the aisles and access drives providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface.
(i) All parking areas, waiting/queuing spaces, and loading spaces shall be maintained in a manner to keep it as free as practicable from rubbish, paper and other loose particles, and snow and ice shall be promptly removed by the operator.
(j) Special event parking areas shall comply with the following conditions:
(1) Special event parking shall not be used for more time than approved by the Village Council.
(2) Special event parking shall be set back at least fifty feet (50') from any off- site lot in any Residential District or any residential development area in a PUD.
(3) Special event parking areas shall be on the same lot or lots approved for the principal use to which they are accessory.
(k) Any open parking area (including parking spaces and interior access lanes, but excluding loading, unloading and storage areas) that contain more than six thousand square feet (6,000 sq. ft.) of area or twenty (20) or more vehicular parking spaces shall provide interior landscaping in addition to any other required perimeter landscaping.
(1) The amount of this interior parking area landscaping shall be not less than five square feet (5 sq. ft.) of landscaped area for each one hundred square feet (100 sq. ft.) or fraction thereof, of off-street parking area.
(2) Landscaped areas shall be dispersed throughout the parking area in peninsulas and islands, provided that each island or peninsula is not less than sixty-four square feet (64 sq. ft.) in size.
(3) Landscaped islands or peninsulas shall be vegetated with grass or similar plant material not to exceed two feet (2 ft.) in height and for each three thousand square feet (3,000 sq. ft.) of open parking area, there shall be not less than one, three inch (3 in.) caliber deciduous tree placed in the landscaped islands or peninsulas. Trees shall have a clear trunk of at least five feet (5 ft.) above the ground.
(l) All parking facilities shall reserve spaces for handicapped persons with parking space numbers, sizes and configurations in conformance with the Americans With Disabilities Act (ADA). (Ord. 2017-7-15. Passed 9-12-17.)
1151.09 SIGNS.
All signs in all Districts, other than traffic, speed, and directional signs placed by a public official or other public employee in the lawful performance of his or her duty, shall comply with the requirements of Chapter 1179. (Ord. 2017-7-15. Passed 9-12-17.)
1151.10 CERTIFICATE OF ZONING COMPLIANCE.
All buildings constructed in the Office/Professional, General Business, Retail Business and Light Manufacturing Districts, and for conditional uses in the Residential District shall comply with the requirements of Section 1147.01 regarding Certificates of Zoning Compliance.
(Ord. 2017-7-15. Passed 9-12-17.)
1153.01 PURPOSE.
This district is established to provide for the regulation of residential development within the village and conditional uses that may also coexist in a residential district.
(Ord. 12-2005. Passed 3-9-05.)
1153.02 PERMITTED USES.
A building or premises within the Residential District shall be used only for the following purposes:
(a) Single-family dwelling; home occupation;
(b) Accessory buildings and uses customarily incidental to any of the above uses and not involving the conduct of business including:
(1) Quarters for hired help employed on the premises. Such quarters must be located within the primary structure residence on the premises; and,
(2) Private garage, home occupation and private stable as regulated as to the number of animals that may be kept as provided in Section 1141.36.
(c) Agriculture, including greenhouses and the usual agricultural buildings and structures. (Ord. 23-2012. Passed 10-10-12.)
1153.03 CONDITIONAL USES.
The Planning Commission may issue conditional zoning certificates for uses listed herein:
(a) Residential conservation development in accordance with Section 1153.08;
(b) Bed and Breakfast establishments; and,
(c) Parks, playgrounds and conservation areas.
(Ord. 23-2012. Passed 10-10-12.)
1153.04 PROHIBITED USES.
A building or premises within the Residential District shall not be used for any of the following purposes:
(b) Tobacco and Vapor Lounges.
(c) The sale of fireworks and like items.
(Ord. 2022-3-5. Passed 4-12-22.)
(d) Truck stop.
(Ord. 2023-10-23. Passed 11-14-23.)
1153.05 HEIGHT REGULATIONS.
In the Residential District no building shall exceed two and one-half stories or thirty- five feet in height, except as provided in Chapter 1171.
(Ord. 12-2005. Passed 3-9-05.)
1153.06 YARD REQUIREMENTS.
(a) Front Yards. In the Residential District there shall be a front yard having a depth of not less than fifty feet, providing however, no alignment setback or front yard depth shall be required to exceed the average of the depth of the existing front yards on the lots adjacent on each side, if each of such lots are within the same block and within 300 feet. The rear line of the front yards within the block shall be considered the building line.
(b) Side Yards. Except as provided in Chapter 1171, there shall be provided a side yard on each side of a building having a width of not less than fifteen feet. The side yard nearest the street on a corner lot shall have a width of at least (20%) of the minimum requirement as to width of lot.
(c) Rear Yards. Except as provided in Chapter 1171, there shall be provided a rear yard having a depth of not less than fifty feet.
(Ord. 12-2005. Passed 3-9-05.)
1153.07 INTENSITY OF USE.
In the Residential district every lot or tract of land shall have an area of not less than one and one-half acre, a width of not less than 125 feet at the building line, and not less than 125 feet of frontage along a dedicated street or road. Cul de sac lots shall have a minimum of 60 feet of frontage along the right-of-way per lot and shall have a minimum of 125 feet of frontage at the building line. No residence shall be constructed to provide less than 1,500 square feet of living area.
(Ord. 12-2005. Passed 3-9-05.)
1153.08 RESIDENTIAL CONSERVATION DEVELOPMENT.
(a) Purposes. A residential conservation development is created as a conditional residential use to encourage flexibility in design of single family residential development and preserve the natural, scenic, and historic qualities of the Village. The open space areas should be as contiguous as the site permits.
(b) Minimum Standards for Residential Conservation Development. The following standards are required as conditions to be eligible as a residential conservation development.
(1) Minimum development area | 25 acres |
(2) Water/sewer | Public water supply and sanitary sewer required |
(3) Lot area to open space | 40% minimum required open space |
(4) Accessory uses | Same as Section 1153.02(d) |
(5) Density (units/gross acres) | 1 unit per 1.5 gross acre |
(6) Minimum lot area per unit single family | 17,000 square feet |
(7) Minimum lot width at building line single family | 100 feet |
(8) Minimum yards (feet) | |
Front | 35 feet |
Side - single family | 20 feet between units with minimum of 5 feet from the property line |
Rear - single family | 40 feet not including uncovered landscape features (decks, patios, courtyards, etc.) |
(9) Minimum square footage of dwelling single family | 2,400 sq. ft. |
(10) 100 feet open space between residential conservation development and a Residential District (100 feet measured from middle of the right of way).
(11) Maintenance of thirty percent (30%) of predevelopment forested areas.
(12) Use of low impact best management practices (BMP) for minimization of run off or potential maintenance of predevelopment time of concentration and run off volume.
(13) Sixty percent (60%) of lots adjacent to buffer or open space.
(c) Open Space Calculation Inclusions. Land dedicated for detention basins or to the Village for public use (excluding public streets, roads, highways, rights of way or easements) may be included in the open space calculations.
(d) Density Bonus. The density may be increased by computation of a Density Bonus based on adjustments up to five percent (5%) not to exceed a total of twenty-five percent (25%) by meeting the criteria listed below. (Example: a 100 acre conservation development begins with a 67 dwelling site allowance. Assuming that a developer meets three of the criteria listed below, the Planning Commission may grant up to a fifteen percent (15%) Density Bonus.)
(1) Extension of infrastructure that benefits the Village (e.g., water main extension).
(2) Solutions to community problems that affect health, safety and welfare (e.g., traffic, storm water).
(3) Dedication of public open space for Village use.
(4) Maintenance of each additional five percent (5%) of predevelopment forested area, up to five percent (5%) Density Bonus for each additional five percent (5%) of prevelopment forested area.
(5) For each five percent (5%) increase in open space.
(6) Each additional ten percent (10%) of lots adjacent to buffer or open space, up to five percent (5%) Density Bonus for each additional ten percent (10%) of lots adjacent to buffer or open space.
(7) Plans that delineate preservation of substantial natural or historic features in the open space reserve.
(e) General Conditions. Except as modified herein, all other conditions set forth in the Codified Ordinances of the Village of Boston Heights pertaining to residential building and development shall apply to residential conservation development.
(f) Application Procedures. All applications for residential conservation development shall be made to the Board of Zoning Appeals for approval or disapproval.
An applicant is required to set forth in its application the applicant’s request for any density bonus. The applicant will set forth with specificity the basis for requesting a density bonus. The grant or denial of a density bonus shall be made by the Planning Commission after considering any relevant information that is brought for consideration before the Board.
If an applicant is approved by the Planning Commission for residential conservation development, the applicant shall enter into a development agreement with the Village that shall detail how the residential conservation development is to be developed in accordance with the standards of this chapter and shall detail the grant of any density bonuses and how the applicant shall meet the conditions necessary to meet the density bonus standards.
(Ord. 10-2007. Passed 4-11-07; Ord. 15-2007. Passed 8-8-07.)
1153.09 REMOVAL OF SOIL OR EARTH.
Soil, sand, earth, or gravel shall not be stripped, or removed in a residential district, except excess soil, sand, earth, or gravel resulting from excavations or grading in connection with the construction or alteration of a building, or the improvements of the grounds for which a permit has been issued or plans approved by the Village.
(Ord. 4-2008. Passed 2-13-08.)
1157.01 PURPOSE.
This district is established to provide for uses principally to accommodate offices such as company headquarters and research centers, and professionals such as doctors, dentists, and lawyers, rather than the sale of goods. It is intended that this district will have a much lower impact both visually and from a traffic standpoint than other business uses, and so act as a transitional district between the residential district and the other business districts.
(Ord. 12-2005. Passed 3-9-05.)
1157.02 PERMITTED USES.
In the Office/Professional District, no building or premises, unless otherwise provided in this Zoning Ordinance, shall be erected which is arranged, intended or designed to be used except for the following:
(a) Administrative, executive, legal, financial, accounting, clerical, design, engineering, drafting, medical, dental, orthodontia, ophthalmological.
(b) Offices and sales offices, provided the display areas or showrooms do not exceed twenty percent (20%) of the usable floor area of the building.
(c) Accessory uses which do not exceed thirty percent (30%) of the usable floor area of the building and which are clearly incidental to the principal uses permitted in this section.
(Ord. 12-2005. Passed 3-9-05.)
1157.03 CONDITIONAL USES.
(a) Restaurants, barbers, hair dressers and other services supporting an office complex;
(b) All accessory or conditional uses as permitted in the section Office/Professional District shall satisfy the following conditions:
(1) Such use shall serve employees in office development;
(2) Such use shall not be the principal use or primary use of any free standing building;
(3) Such use shall not occupy more than 30% of the usable floor area of the building; and,
(4) Such use shall not have an entrance leading directly outside of its building. (Ord. 23-2012. Passed 10-10-12.)
1157.04 PROHIBITED USES.
(b) Crematorium.
(c) Pinball and mechanical electronic games are not permitted except in incidental entertainment use in bars, night clubs, and taverns holding a valid hard liquor license. They are also permitted when allowed by Chapter 711 of the Codified ordinances regulating amusement devices.
(d) Sale of fireworks and like items.
(e) Tobacco and Vapor Lounges.
(Ord. 2019-4-7. Passed 6-11-19.)
(f) Truck stop. (Ord. 2023-10-23. Passed 11-14-23.)
1157.05 HEIGHT REGULATIONS.
Except as provided in Chapter 1171, no building shall be erected in the Office/Professional District to a height in excess of forty feet, measured from the natural grade of the building line to the highest point on the roof, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney stack tower, scenery loft, or to the mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All other projections in excess of ten feet must be approved by the Planning Commission.
(Ord. 12-2005. Passed 3-9-05.)
1157.06 YARD REQUIREMENTS.
(a) Setback Lines. The setback line for any building or structure erected shall be a minimum of seventy-five feet from the public right of way subject to Section 1151.04.
(b) Front Yard. The front yard shall be landscaped in accordance with Section 1151.09. A sidewalk with a minimum width of six feet shall be contiguous with those sides which contain the entrances to the building.
(c) Side and Rear Yards. Every building or structure intended for business use, shall have a rear and side yard each of which shall have a width of at least fifty feet from the rear and side lot lines. On the street side of a corner lot, such side yard shall be the same in width as that required for front yards.
(d) Storm Drainage. Drainage shall discharge into a common closed conduit which is to be located in the right of way of streets, alleys or easements. In no case shall the Planning Commission approve a storm drainage system which involves swales, roadside ditches, etc. as a means of conveying surface drainage from the sites.
(Ord. 12-2005. Passed 3-9-05.)
1157.07 INTENSITY OF USE.
(a) Minimum Lot Area. The minimum lot area shall be four acres. Structures and buildings shall not occupy more than thirty-three percent (33%) of the total lot area. The minimum lot area required herein may be reduced by Council after receiving a report from the Planning Commission.
(b) Open Areas. Exclusive of driveways, parking and building areas, each lot shall contain twenty-five percent (25%) of its total lot area in landscaped open area. Any buffer of undeveloped land required by Section 1151.04(a) of the Planning and Zoning Code shall be included in the calculation of the 25% required by this subsection.
(Ord. 12-2005. Passed 3-9-05.)
(c) Size of Building. No building constructed for use in the Office/Professional District shall exceed 30,000 sq. ft.
(Ord. 22-2005. Passed 9-14-05.)
1157.08 STORAGE AND WASTE REMOVAL.
Ample inside or enclosed storage space must be provided for commercial debris, waste and garbage. Storage space must be contiguous to the main building and all storage items shall be screened from the parking lot and roadway. Removal and disposal by owner of the debris, waste or garbage is required to maintain a neat and orderly premises.
(Ord. 12-2005. Passed 3-9-05.)
1157.09 OFF-STREET PARKING REQUIREMENTS.
Parking lots shall not be closer than fifteen feet to side or rear lot lines, which shall be devoted to green space. Parking lots shall be so constructed or landscaped as to make parked vehicles inconspicuous from the street. Off-street parking in the Office/Professional District shall also be subject to the regulations of Section 1151.07.
(Ord. 12-2005. Passed 3-9-05.)
1159.01 PURPOSE.
This district is established to provide for uses principally to accommodate the sale of convenience retail goods and personal services purchased frequently for daily and weekly needs servicing the residents of the Municipality. It is intended that this district will encourage the development of small businesses in wholly enclosed buildings located in a uniform manner.
(Ord. 12-2005. Passed 3-9-05.)
1159.02 PERMITTED USES.
(a) All uses permitted in the Office Professional District.
(b) Art, photo, stationery, notions, toy, book, music and gift sales. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
(c) Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.
(d) Barber or Beauty shops.
(e) Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material shall not exceed five percent (5%) of total display area.
(f) Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
(g) Grocery store, drug store.
(h) Jewelry store.
(i) Shoe repair store.
(j) Tailor and dress maker shops.
(k) Non-paid, off-street parking lot.
(l) Medical supplies.
(m) Computer sales and service.
(n) Building trades.
(Ord. 12-2005. Passed 3-9-05.)
1159.03 CONDITIONAL USES.
(a) Dry cleaning and laundry in which non-explosive and non-flammable solvents are extensively used and in which not more than five persons are engaged and in which no work shall be done on the premises for retail outlets elsewhere.
(b) Drive in Banking facilities subject to regulation of Section 1151.07.
(c) Public utility rights of way and appurtenant structures subject to regulation of Section 1151.07.
(d) Temporary buildings for the uses incidental to construction work subject to regulations of Section 1151.07.
(e) Eating and drinking establishments, but excluding drive in food and beverage establishments defined as follows:
(1) “Drive-in restaurant” means any eating establishment where the primary function is the service of food, frozen dessert, or beverages prepared for consumption away from the premises regardless of limited table service outdoor service or places being provided for consumption on or off the premises or on a self service basis. All restaurants having less than thirty-five percent (35%) of the gross floor area in an enclosed building dining area or lacking waiter or waitress service shall be considered a drive-in restaurant.
(Ord. 12-2005. Passed 3-9-05; Ord. 15-2007. Passed 8-8-07.)
(2) “Restaurant” means an eating establishment where food, frozen dessert or beverages are prepared and served by a waiter or waitress at tables or counters for consumption in a wholly enclosed building, any provision for take out service of food being incidental.
(Ord. 22-2005. Passed 9-14-05.)
(f) Stores for the preparation and processing of food and drink to be retailed on premises including bakery, delicatessen, meat market, confectionary, ice cream parlor, and soda fountains.
(g) Quasi-public institution, organization, and/or operation, instructional and meeting facilities for non-profit use such as those developed and used by the YMCA, YWCA, Boy Scouts, or various fraternal or community service groups. All activities, programs, and other events shall be adequately and properly supervise so as to prevent any hazard, disturbance, or nuisance to surrounding properties, residents, or to the community in general.
(h) Sporting goods store subject to:
(1) Sale of powered recreational vehicles shall be incidental to the total sales of stores, such incidental sales not to exceed ten percent (10%) of total sales volume.
(2) Outdoor displays of power recreational vehicles shall be prohibited.
(i) Cultural and educational facilities.
(j) Laundromats.
(k) Hospitals, convalescent, nursing and health homes, including training and teaching facilities.
(l) Funeral Homes.
(m) Other compatible uses.
(n) Conditional uses permitted in the Office/Professional District.
(Ord. 12-2005. Passed 3-9-05.)
(o) Tobacco and Vapor Lounges. The following standards shall apply to Tobacco and Vapor Lounges:
(1) Required Setbacks.
A. No Tobacco and Vapor Lounge shall be located on any parcel within 1,000 feet of any residentially zoned district within the Village of Boston Heights.
B. No such business shall be located on any parcel within 1,000 feet of any public library, church or other place of worship, public or private elementary or secondary school, or a municipal, county, or national park.
C. No such business shall be located on any parcel within 1,000 feet of another Tobacco and Vapor Lounge.
(2) For the purposes of subsection (o)(1) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a Tobacco and Vapor Lounge is conducted, to the nearest lot line of the premises of a public library, church or other place of worship, public or private elementary or secondary school, or to the nearest boundary of a municipal, county or national park, residential district.
(3) For the purposes of subsection (o)(1) above, the distance between any two Tobacco and Vapor Lounges shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(4) All signage shall conform with Chapter 1179 of the Codified Ordinances of the Village of Boston Heights, and there shall be no more than one sign oriented to each abutting road identifying the use.
(5) No person shall establish, or operate, or cause the establishment or operation of any Tobacco and Vapor Lounge in violation of the provisions of this section.
(6) Hours of Operation. Such lounges may only operate between 9:00 a.m. and 10:00 p.m. Sunday through Thursday and between 9:00 a.m. and 11:00 p.m. Friday and Saturday.
(7) Once approved and established, a Tobacco and Vapor Lounge will not be made non- conforming as a result of the establishment of a residential district, or a use enumerated in section 1159.03 (o)(1) above, within the required setback distance.
(Ord. 2019-4-7. Passed 6-11-19.)
(1) Required Setbacks.
A. No Truck Stop shall be located on any parcel abutting a parcel upon which a residence is situated or within 1,000 feet of any residentially zoned district within the Village of Boston Heights.
B. No Truck Stop shall be located on any parcel within 1,000 feet of any public library, church, or other place of worship, public or private elementary or secondary school, hospital, emergency room, or other medical treatment facility, or a municipal, county, or national park.
C. No Truck Stop shall be located on any parcel within 1,000 feet of another Truck Stop, convenience store, service station or other similar business.
(2) For the purposes of subsection (p)(1) above, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest lot line of the premises where a new Truck Stop is to be constructed and operated, to the closest lot line of the premises of a residence, public library, church or other place of worship, public or private elementary or secondary school, hospital, emergency room, or other medical treatment facility, or to the closest boundary of a municipal, county or national park, or residential district.
(3) For the purposes of subsection (p)(l) above, the distance between any two Truck Stops shall be measured in a straight line, without regard to intervening structures or objects, from the closest lot line of the premises in which each business is located.
(4) Signs. All signage shall conform with Chapter 1179 of the Codified Ordinances of the Village of Boston Heights, and there shall be no more than one sign oriented to each abutting road identifying the use.
(5) No person shall establish, operate, or cause the establishment or operation of any Truck Stop in violation of the provisions of this section.
(Ord. 2023-10-23. Passed 11-14-23.)
1159.04 PROHIBITED USES.
(a) Adult Entertainment Establishments as defined in Section 1162.02
(b) Crematorium
(c) Pinball and mechanical electronic games are not permitted except in incidental entertainment use in bars, night clubs, and taverns holding a valid hard liquor license. They are also permitted when allowed by Chapter 711 of the Codified ordinances regulating amusement devices.
(d) Sale of fireworks and like items.
(Ord. 12-2005. Passed 3-9-05.)
1159.05 HEIGHT REGULATIONS.
Except as provided in Chapter 1171, no building shall be erected in the General Business District to a height in excess of two and one half stories or an excess of thirty-five feet, measured from the natural grade of the building line to the highest point on the roof, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney stack tower, scenery loft, or to the mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All other projections in excess of ten feet must be approved by the Planning Commission.
(Ord. 12-2005. Passed 3-9-05.)
1159.06 YARD REQUIREMENTS.
(a) Setback Lines. The setback line for any building or structure erected shall be a minimum of fifty (50) feet from the public right of way subject to Section 1151.04.
(Ord. 2025-7-8. Passed 7-22-25.)
(b) Front Yard. The front yard shall be landscaped in accordance with Section 1151.09. No parking will be permitted in the front yard. A sidewalk with a minimum width of six feet shall be contiguous with those sides which contain the entrances to the building.
(c) Side and Rear Yards. Every building or structure intended for business use, shall have a rear and side yard, each of which shall have a width of at least ten feet from the rear and side lot lines except when adjacent to a Residential District use, the width shall be one hundred feet from the lot line adjacent to the Residential District; provided that the building and site arrangements also comply with the regulations set forth above and Section 1151.04
(d) Storm Drainage. Drainage shall discharge into a common closed conduit which is to be located in the right of way of streets, alleys or easements. In no case shall the Planning Commission approve a storm drainage system which involves swales, roadside ditches, etc. as a means of conveying surface drainage from the sites.
(Ord. 12-2005. Passed 3-9-05.)
1159.07 INTENSITY OF USE.
(a) Minimum Lot Area. The minimum lot area shall be one acre. A business structure, a church or place of general assembly in a General Business District shall have a lot whose total area is not less than three times the ground area covered by the main structure or building.
(b) Minimum Lot Width. The lot width at the building and street right of way must be at least 200 feet.
(c) Size of Building. No building constructed for use in the General Business District shall exceed 30,000 square feet.
(Ord. 12-2005. Passed 3-9-05.)
1159.08 STORAGE AND WASTE REMOVAL.
Ample inside or enclosed storage space must be provided for commercial debris, waste and garbage. Storage space must be contiguous to the main building and all storage items shall be screened from the parking lot and roadway. Outside storage of various sundry items such a business equipment and rental or lease equipment, trade-in or salvage merchandise, construction material and containers or cases are prohibited. Removal and disposal by owner of the debris, waste or garbage is required to maintain a neat and orderly premises.
(Ord. 12-2005. Passed 3-9-05.)
1160.01 PURPOSE.
This district is established to provide for uses principally to accommodate large retail business operations for retail or hotels. It is intended that this district will encourage the development of businesses in wholly enclosed buildings located in a uniform manner.
(Ord. 12-2005. Passed 3-9-05.)
1160.02 PERMITTED USES.
(a) All uses permitted in the Office/Professional District and General Business District.
(b) Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating, outdoor accessories, and repair of household items, building supplies and bicycles.
(c) Retail sales of furniture, appliances, and other major household articles.
(d) Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court, indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and driving ranges and other uses where the recreation is primarily outdoors.
(e) Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations of Section 1151.07.
(Ord. 12-2005. Passed 3-9-05.)
1160.03 CONDITIONAL USES.
(a) Vehicle service stations subject to the following:
(1) No vehicle service station shall be located closer than 400 feet from any other vehicle service station.
(2) Locations shall be on major thoroughfares and at intersection of major and/or collector thoroughfares.
(3) Site location should be preferred that offer natural or manmade barriers that would lessen the effect of intrusion into an area. Further site selection should be compatible to surrounding area and the following factors should be considered for site selection:
A. Appearance of proposed station.
B. Existence of nearby service stations.
C. Character of surrounding land.
D. Proximity to residential users.
E. Distance from places of public assembly.
(4) Such uses shall be permitted under the following conditions:
A. Provided that such facilities be located at the extremity of the business district so as not to interfere with the pedestrian exchange interchange between stores in the complex and provided further that it would not limit expansion of pedestrian oriented facilities.
B. No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed thirty feet in width at the property line.
C. If the property fronts on two or more streets, the driveway shall be located as far from the street intersection as is practical.
D. At least six-inch high pedestrian safety curbs shall be installed along all street right of way lines except at driveway approaches.
E. Rental, leasing, storage or permitting of parking of any vehicles such as trailers or tools except for servicing and/or emergency purposes, shall not be permitted.
(b) Car washes.
(c) Motels and Hotels.
(d) Taverns.
(e) Automobile sales.
(f) Other commercial venues housed in buildings which are not in conflict with the general commercial makeup of the adjacent area and are compatible with the aforementioned conditional uses.
(g) Conditional uses permitted in the Office/Professional and General Business Districts. (Ord. 12-2005. Passed 3-9-05; Ord. 15-2007. Passed 8-8-07.)
1160.04 PROHIBITED USES.
(a) Crematorium
(b) Pinball and mechanical electronic games are not permitted except in incidental entertainment use in bars, night clubs, and taverns holding a valid hard liquor license. They are also permitted when allowed by Chapter 711 of the Codified Ordinances regulating amusement devices.
(c) Sale of fireworks and like items.
(Ord. 12-2005. Passed 3-9-05.)
(d) Truck stop. (Ord. 2023-10-23. Passed 11-14-23.)
1160.05 HEIGHT REGULATIONS.
Except as provided in Chapter 1171, no building shall be erected in the Retail Business District to a height in excess of two and one half stories or an excess of thirty-five feet, measured from the natural grade of the building line to the highest point on the roof, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney stack tower, scenery loft, or to the mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All other projections in excess of ten feet must be approved by the Planning Commission.
(Ord. 12-2005. Passed 3-9-05.)
1160.06 YARD REQUIREMENTS.
(a) Setback Lines. The setback line for any building or structure erected shall be a minimum of fifty (50) feet from the public right of way subject to Section 1151.04.
(Ord. 2025-7-8. Passed 7-22-25.)
(b) Front Yard. The front yard shall be landscaped in accordance with Section 1151.09. No parking will be permitted in the front yard. A sidewalk with a minimum width of six feet shall be contiguous with those sides which contain the entrances to the building.
(c) Side and Rear Yards. Every building or structure intended for business use, shall have a rear and side yard each of which shall have a width of at least ten feet from the rear and side lot lines except when adjacent to a Residential District use, the width shall be one hundred feet from the lot line adjacent to the Residential District; provided that the building and site arrangements also comply with the regulations set forth above and Section 1151.04.
(d) Storm Drainage. Drainage shall discharge into a common closed conduit which is to be located in the right of way of streets, alleys or easements. In no case shall the Planning Commission approve a storm drainage system which involves swales, roadside ditches, etc. as a means of conveying surface drainage from the sites.
(Ord. 12-2005. Passed 3-9-05.)
1160.07 INTENSITY OF USE.
(a) Minimum Lot Area. The minimum lot area shall be one acre. A business structure, a church or place of general assembly in a Retail Business District shall have a lot whose total area is not less than three times the ground area covered by the main structure or building.
(b) Minimum Lot Width. The lot width at the building and street right of way must be at least 200 feet.
(c) Open Areas. Exclusive of driveways, parking and building areas, each lot shall contain twenty-five percent (25%) of its total lot area in landscaped open area. Any buffer of undeveloped land required by Section 1151.04(a) of the Planning and Zoning Code shall be included in the calculation of the 25% required by this subsection.
(d) Size of Building. No building constructed for use in the Retail Business District shall exceed 50,000 square feet.
(Ord. 12-2005. Passed 3-9-05.)
1160.08 STORAGE AND WASTE REMOVAL.
Ample inside or enclosed storage space must be provided for commercial debris, waste and garbage. Storage space must be contiguous to the main building and all storage items shall be screened from the parking lot and roadway. Outside storage of various sundry items such as business equipment and rental or lease equipment, trade-in or salvage merchandise, construction material and containers or cases are prohibited. Removal and disposal by owner of the debris, waste or garbage is required to maintain a neat and orderly premises.
(Ord. 12-2005. Passed 3-9-05.)
1161.01 PURPOSE.
This district is established to provide for light industrial and office uses such as manufacturing operations, assembly of prefabricated components, and light machining.
(Ord. 1-2011. Passed 1-12-11.)
1161.02 PERMITTED USES.
All uses permitted in the Office/Professional District.
(Ord. 1-2011. Passed 1-12-11.)
1161.03 CONDITIONAL USES.
The Planning Commission may issue conditional zoning certificates for uses listed herein and subject to the general requirements of Chapter 1151 where the methods or processes in such uses do not cause or emit smoke, odor, dust, fumes, noise, vibrations, or discharge unsatisfactorily treated waste and where no product or any material or ingredient may pose a hazard to the persons or property in the immediate surrounding area:
(a) Manufacturing operations, assembly of components, light manufacturing, and ancillary activities;
(b) Production involving mixing, blending and bottling;
(c) Warehousing and distribution where goods and materials are stored in a building dedicated to that use;
(d) Conditional uses permitted in the Office/Professional and General Business Districts;
(e) All uses permitted in the General Business District;
(f) Governmental or quasi-governmental use;
(g) Churches and other places of worship, Sunday school buildings and parish houses, parochial schools and necessary accessory buildings subject to the approval of a site plan as follows:
(1) Structures and activity area including roading and facilities (other than off-street parking) shall be located at least seventy-five feet from the street right of way;
(2) All points of ingress and egress shall be located at least 200 feet from all major road intersections and at least 100 feet from all local or minor street intersections. All state and county highways shall be considered major streets;
(3) All structures shall be located so as to have access to a dedicated street; and,
(4) Locations should be adjacent to parks or other commercial uses such as schools or shopping centers where use can be made of joint parking facilities.
(h) Public and private elementary, middle and high schools; charter schools; public and private colleges and universities; public career centers;
(j) Cemeteries including mausoleums, providing that any new cemetery shall contain at least twenty acres of land and the location has been approved by the Planning Commission; or,
(k) Golf courses, including such buildings and uses as are necessary for their operation, providing that any golf course shall contain at least one hundred acres of land and the location has been approved by the Planning Commission.
(Ord. 23-2012. Passed 10-10-12.)
(l) Sale of fireworks and like items.
(Ord. 2022-3-5. Passed 4-12-22.)
(1) Required Setbacks.
A. No Truck Stop shall be located on any parcel abutting a parcel upon which a residence is situated or within 1,000 feet of any residentially zoned district within the Village of Boston Heights.
B. No Truck Stop shall be located on any parcel within 1,000 feet of any public library, church, or other place of worship, public or private elementary or secondary school, hospital, emergency room, or other medical treatment facility, or a municipal, county, or national park.
C. No Truck Stop shall be located on any parcel within 1,000 feet of another Truck Stop, convenience store, service station or other similar business.
(2) For the purposes of subsection (m)(l) above measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest lot line of the premises where a new Truck Stop is to be constructed and operated, to the closest lot line of the premises of a residence, public library, church or other place of worship, public or private elementary or secondary school, hospital, emergency room, or other medical treatment facility, or to the closest boundary of a municipal, county or national park, or residential district.
(3) For the purposes of subsection (m)(l) above, the distance between any two Truck Stops shall be measured in a straight line, without regard to intervening structures or objects, from the closest lot line of the premises in which each business is located.
(4) Signs. All signage shall conform with Chapter 1179 of the Codified Ordinances of the Village of Boston Heights, and there shall be no more than one sign oriented to each abutting road identifying the use.
(5) No person shall establish, operate, or cause the establishment or operation of any Truck Stop in violation of the provisions of this section. (Ord. 2023-10-23. Passed 11-14-23.)
1161.04 PROHIBITED USES.
(a) Production involving chemical processing, casting and heavy machining.
(d) Crematorium.
(e) Mechanical or electronic games are not permitted except in incidental entertainment use in bars, night clubs, and taverns holding a valid hard liquor license. They are also permitted when allowed by Chapter 711 of the Codified Ordinances regulating amusement devices. (Ord. 1-2011. Passed 1-12-11.)
(f) (EDITOR’S NOTE: Former subsection (f) was repealed by Ordinance 2022-3-5, passed April 12, 2022.)
1161.05 HEIGHT REGULATIONS.
Except as provided in Chapter 1171, no building shall be erected in the Light Manufacturing District to a height in excess of seventy-five feet, measured from the natural grade of the building line to the highest point on the roof, except that these provisions shall not apply to the height of a clock tower, wireless tower, chimney stack tower, scenery loft, or to the mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All other projections in excess of ten feet must be approved by the Planning Commission. A property owner may apply to the Board of Zoning Appeals for a variance to obtain authority for a height in excess of seventy-five feet.
(Ord. 1-2011. Passed 1-12-11.)
1161.06 YARD REQUIREMENTS.
(a) Setback Lines. The setback line for any building or structure erected shall be a minimum of one hundred feet from the public right of way subject to Section 1151.04.
(b) Front Yard. The front yard shall be landscaped in accordance with Section 1151.09. No parking will be permitted in the front yard. A sidewalk with a minimum width of six feet shall be contiguous with those sides which contain the entrances to the building.
(c) Side and Rear Yards. Every building or structure intended for business use, shall have a rear and side yard. The rear yard shall have a width of at least fifteen feet from the rear lot line, and the side yard shall have a width of at least ten feet from the side lot lines except when adjacent to a Residential District use, the width shall be one hundred feet from the lot line adjacent to the Residential District; provided that the building and site arrangements also comply with the regulations set forth above and Section 1151.04. On the street side of a corner lot, such side yard shall be the not less than thirty-five feet in width.
(Ord. 1-2011. Passed 1-12-11.)
1161.07 INTENSITY OF USE.
(a) Minimum Lot Area. The minimum lot area shall be two acres. The total amount of land occupied by all principal and accessory buildings shall not exceed forty percent (40%) of the area of the site.
(b) Minimum Lot Width. No building shall be constructed on any site which has a frontage of less than 200 feet on at least one accessible public street or highway. However, the Board of Zoning Appeals may permit a variance therefrom. In no event shall a variance be permitted unless there is access to the premises from a duly dedicated public right of way not less than sixty feet in width.
(c) Size of Building. No building constructed for use in the Light Manufacturing District shall exceed 50,000 square feet.
(Ord. 1-2011. Passed 1-12-11.)
1161.08 STORAGE AND WASTE REMOVAL.
Ample inside or enclosed storage space must be provided for commercial debris, waste and garbage. Storage space must be contiguous to the main building and all storage items shall be screened from the parking lot and roadway. Removal and disposal by owner of the debris, waste or garbage is required to maintain a neat and orderly premises.
(Ord. 1-2011. Passed 1-12-11.)
1161.09 PERFORMANCE AND DESIGN STANDARDS; CONSTRUCTION BUILDINGS.
(a) No operations shall discharge treated or untreated sewage or industrial waste into any reservoir or lake or discharge untreated sewage into any stream. All methods of sewage and industrial waste treatment and disposal shall be in a manner acceptable to the applicable local and State health agencies having jurisdiction.
(b) During construction of any building in this district, all contractors’ equipment and employees; vehicles shall be parked on the premises and such premises shall be kept reasonably dust free.
(c) During construction, the highways in the vicinity of the premises shall be kept reasonably free of dirt and debris.
(d) All vehicular entrances and exits on public streets and highways shall be designed and constructed in accordance with the specifications of the Summit County Engineering Department.
(e) All unloading space, private driveways and parking areas shall be reasonably dust free, and such driveways leading to such parking areas shall be permanently treated with a hard surface upon the ground, conditions permitting, in accordance with Section 1151.08.
(f) All open areas surrounding the main building and facing any public street, excluding the parking area, are to be landscaped.
(g) No outside area may be used for storage unless such storage area is screened from public view, except that this shall not prohibit the parking of cars and trucks in daily use.
(Ord. 1-2011. Passed 1-12-11.)
1161.10 SITE PLANS; ADDITIONAL INFORMATION.
All site plans submitted for uses in the Light Manufacturing District shall be accompanied by the following information in addition to the information and specifications required by Section 1151.05:
(a) A description of the operations proposed in sufficient detail to indicate the effects of those operations concerning traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazards.
(b) Engineering and architectural plans for the treatment and disposal of sewage and industrial waste.
(c) The proposed number of shifts to be worked and the estimated maximum number of employees on each shift.
(d) The estimated construction cost of structures or buildings.
(Ord. 1-2011. Passed 1-12-11.)
1162.01 PURPOSE AND INTENT.
It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the Village, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the Village. The provisions of this section have neither the purpose of effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access to the distributors and exhibitors of sexually oriented entertainment to their intended market. (Ord. 19-1998. Passed 6-10-98.)
1162.02 DEFINITIONS.
(a) “Adult arcade” means any place to which the public is permitted or invited where either or both; motion picture machines, projectors, video or laser disc players, or other video image producing devices are available, run via coin, token or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(b) “Adult bookstore, adult novelty store, or adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities”.
(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity, or
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”.
(d) “Adult motel” means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slide or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of any of these sex-oriented type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(e) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, video disks, CD- ROM disks, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(f) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a “state of nudity” or “semi nudity” or live performances which are characterized by the depiction or description of “specified anatomical areas”, “specified sexual activities”, or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment.
(g) “Nude model studio” means any place where a person who appears in a “state of nudity” or “semi nudity” or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
(h) “Nudity, state of nudity, or nude” means the exposing to view of the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, pubic hair with less than a fully opaque covering, exposing to view any portion of the areola of the female breast with less than a fully opaque covering, exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering, or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(i) “Semi nudity, state of semi nudity, or semi nude” means exposing to view with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(j) “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
(k) “Specified anatomical areas” means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(l) “Specified sexual activities” means:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sexual acts, normal or perverse, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) above.
(Ord. 10-1998. Passed 6-10-98.)
1162.03 SEXUALLY ORIENTED BUSINESS LOCATION AND USES.
(a) A sexually oriented business may be located in accordance with the following restrictions:
(1) A sexually oriented business may only be located in the Retail Business District. (Ord. 22-2005. Passed 9-14-05.)
(2) No such business shall be located on any lot within 1,000 feet of any residentially-zoned district.
(3) No such business shall be located on any lot within 1,000 feet of any public library, private or public elementary or secondary school, public park or place of worship, and
(4) No such businesses shall be located on any lot within 1,000 feet of another sexually oriented business.
(b) For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship or public or private elementary of secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(c) For the purpose of subsection (a), the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(d) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a place of worship, public or private elementary of secondary school, public park, residential district, residential lot or library within 1,000 feet of the sexually oriented business.
(e) No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this chapter, any other provisions of the Codified Ordinances, or State statute or regulation. Nothing in this chapter shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
(Ord. 10-1998. Passed 6-10-98.)
1163.01 PURPOSE AND INTENT.
(a) Overview - The Hines Hill Corridor Overlay was established to create standards to enhance the development pattern within the Village, and create a unique mixed-use pedestrian oriented development area.
(b) Goals - Important goals of the Overlay District include promoting a mix of uses, planning for pedestrian mobility, integrating quality public spaces, creating unique and identifiable landscaping that defines the gateway into the Village, and promoting high-quality architecture with traditional and natural materials. Achieving these goals will help to maintain a high-quality community for residents and businesses, and create an economic environment to attract and support future development. The overlay standards are intended to achieve the following objectives:
(1) Implement appropriate building and parking setback standards that accommodate redevelopment and establish continuity and consistency within commercial districts;
(2) Promote high-quality building materials and timeless architecture;
(3) Establish and reinforce pedestrian-oriented development where appropriate;
(4) Promote development that features landscaping, facade transparency, rear parking lots, user-friendly access, and appropriately scaled lighting and signage;
(5) Enhance connectivity between uses to allow for easy flow of automobile and pedestrian traffic;
(6) Create unique and identifiable public spaces; and,
(7) Enhance the attractiveness of commercial districts to further economic development.
(c) Overlay District - The area within the boundaries of the Hines Hill Corridor Overlay, as depicted in the Hines Hill Corridor Plan map, which is hereby incorporated and made a part of the Village's official zoning classification map (see Chapter 1151).
Within this area, there are three sub districts. These areas shall be referred to as the Village Center Sub District, Office Residential Sub District, and Mixed Use General Sub District, defined as follows:
(1) Village Center Sub District. The Village Center Sub District should incorporate a mixture of small and medium sized commercial and office uses, residential units, and retail uses, including shopping and dining, within a short walking distance of each other.
(2) Office Residential Sub District. The Office/Residential Sub District is intended to be lower intensity development, with a focus on high-quality architecture and an integrated development pattern.
(3) Mixed-Use General Sub District. The Mixed-Use General Sub District is intended to include a mixture of commercial uses such as office, restaurants, convenience stores, gas stations, retail, medical office, and light industrial. Uses in this area must be well connected via auto and pedestrian connections.
(d) Applicability and Extent.
(1) The Overlay shall apply and extend as follows:
A. The expansion or redevelopment of a building's gross floor area by more than 75% over a seven-year period or less shall subject the entire site to all standards and requirements herein;
B. Routine maintenance and in-kind replacement of materials are exempt from the provisions herein;
C. All new construction or expansion of an existing building or use;
D. Exterior alteration, enhancement, or reconfiguration of a building;
E. The construction or installation of a parking lot is subject to all applicable provisions herein;
F. Exterior lighting, fencing, or other accessory structures, and signage are subject to all the applicable provisions herein
(2) Standards contained in the Hines Hill Corridor Overlay are in addition to the regulations of the underlying zoning districts and code of ordinances. Where the provisions of this chapter conflict with those of the underlying zoning district or other provisions of the Planning and Zoning Code, the Hines Hill Corridor Overlay shall take precedence.
(e) Definitions. This section contains many commonly used terms found within this chapter of the code. In addition to the definitions listed herein, all definitions from the zoning code shall also apply.
(1) Building Frontage - The side, or facade, of a building closest to and most nearly parallel to an abutting street.
(2) Build-To-Line - The distance from a primary or secondary right-of-way where the front of the building is to be located.
(3) Building Frontage, Primary - A building frontage that abuts a street listed as a primary street.
(4) Building Frontage, Secondary - A building frontage that abuts an alley or street not listed as a primary street.
(5) Building, Rear - The wall or plane opposite the primary building frontage. For a building on a corner lot, the building rear is the wall or plane opposite the wall or plane containing the principal building entrance.
(6) Drive-Thru - A building or portion thereof that, by design, permits customers to receive goods or services while remaining in a motor vehicle.
(7) Footcandles - A unit of light intensity that is equal to the amount of light falling on one square foot area from a one candela light source at a distance of one foot (one lumen per square foot).
(8) Gable - The triangular section of wall at the end of a pitched roof, occupying the space between the two slopes of the roof, or the whole end wall of a building or wing having a pitched roof.
(9) Microbrewery - A small bar and/or restaurant that has the ability to brew and sell their own beer for on-premises consumption. The production of beer shall be limited to 10,000 kegs per year. Beer shall be prohibited from being sold to a distributor for off-site retail sales.
(10) Parapet Wall - A low wall barrier at the edge of a roof or structure, which may serve to prevent falls over the edge or serve as a stylistic feature.
(11) Primary Street - Within this section, the following are designated as primary streets: Hines Hill Road, and Industrial Parkway.
(12) Redevelopment - The increase of a developed property or building gross floor area or combination thereof by more than seventy-five (75) percent over a seven (7) year period.
(13) Routine Maintenance - Work that is planned and performed to maintain and preserve the condition of the building or site including but not limited to painting, landscaping, roof repair, parking rehabilitation, and window replacement and treatment.
(14) Stacking Space - Area where cars are permitted to wait in a resting state to access a use, or at a traffic signal or sign.
(15) Traditional and Natural Materials - Any of the following materials: clay bricks (full or thin set, if thin set, corners must have full brick appearance), stone, manufactured stone (samples must be provided), wood, or fiber cement board siding.
(16) Tree Lawn - A small area, often planted with trees and grass, between a street and the sidewalk of that street.
(Ord. 2016-11-19. Passed 12-13-16.)
1163.02 All SUB DISTRICTS.
(a) Uses.
(1) Village Center Sub District.
A. Permitted Uses - The following uses shall be permitted:
1. Administrative, executive, legal, financial, accounting, clerical, design, engineering, drafting, medical, dental, orthodontia, ophthalmological and other compatible professional services listed in the North American Industry Classification System (NAICS) Code 541.
2. Offices and sales offices, provided the display areas or showrooms do not exceed twenty percent (20%) of the usable floor area of the building.
3. Accessory uses which do not exceed thirty percent (30%) of the usable floor area of the building and which are clearly incidental to the principal uses permitted in this section.
4. Governmental or quasi-governmental use.
5. Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations of Section 1151.07.
6. Vertical integration of uses is allowable
B. Conditional Uses - The following uses shall be permitted as conditional uses:
1. Accessory buildings and uses customarily incidental to any of the primary uses and not involving the conduct of business.
2. Private garage, home occupation and private stable as regulated as to the number of animals that may be kept as provided in Section 1141.36.
3. Dwelling multiple.
4. Motels and Hotels.
5. Taverns and Restaurants.
6. Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating, outdoor accessories, and repair of household items, building supplies and bicycles.
7. Retail sales of furniture, appliances, and other major household articles.
8. Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court, indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and driving ranges and other uses where the recreation is primarily outdoors.
9. Barbers, hair dressers.
10. Art, photo, stationery, notions toy, book, music and gift sales. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
11. Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.
12. Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material shall not exceed five percent (5%) of total display area.
13. Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
14. Grocery store, drug store.
15. Jewelry store.
16. Shoe repair store.
17. Tailor and dress maker shops.
18. Non-paid, off-street parking lot.
19. Medical supplies.
20. Computer sales and service.
21. Building trades.
22. Bed and breakfast.
23. Microbrewery.
24. Similar uses that meet the purpose and intent of the Village Comprehensive Land Use Plan, and as determined by the Planning Commission.
(2) Office Residential Sub District.
A. Permitted Uses - The following uses shall be permitted:
1. Administrative, executive, legal, financial, accounting, clerical, design, engineering, drafting, medical, dental, orthodontia, ophthalmological and other compatible professional services listed in the North American Industry Classification System (NAICS) Code 541.
2. Offices and sales offices, provided the display areas or showrooms do not exceed twenty percent (20%) of the usable floor area of the building.
3. Accessory uses which do not exceed thirty percent (30%) of the usable floor area of the building and which are clearly incidental to the principal uses permitted in this section.
4. Governmental or quasi-governmental use.
5. Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations of Section 1151.07.
6. Vertical integration of uses is allowable.
B. Conditional Uses- The following uses shall be permitted as conditional uses:
1. Single-family dwelling; home occupation.
2. Accessory buildings and uses customarily incidental to any of the primary uses and not involving the conduct of business.
3. Private garage, home occupation and private stable as regulated as to the number of animals that may be kept as provided in Section 1141.36.
4. Dwelling multiple.
5. Motels and Hotels.
6. Taverns.
7. Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating, outdoor accessories, and repair of household items, building supplies and bicycles.
8. Retail sales of furniture, appliances, and other major household articles.
9. Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court, indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and driving ranges and other uses where the recreation is primarily outdoors.
10. Restaurants, barbers, hair dressers.
11. Art, photo, stationery, notions toy, book, music and gift sales. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
12. Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.
13. Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material shall not exceed five percent (5%) of total display area.
14. Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
15. Grocery store, drug store.
16. Jewelry store.
17. Shoe repair store.
18. Tailor and dress maker shops.
19. Non-paid, off-street parking lot.
20. Medical supplies.
21. Computer sales and service.
22. Building trades.
23. Bed and breakfast.
24. Microbrewery.
25 Similar uses that meet the purpose and intent of the Village Comprehensive Land Use Plan, and as determined by the Planning Commission.
(3) Mixed Use General Sub District.
A. Permitted Uses - The following uses shall be permitted:
1. Administrative, executive, legal, financial, accounting, clerical, design, engineering, drafting, medical, dental, orthodontia, ophthalmological, and other compatible professional services listed in the North American Industry Classification System (NAICS) Code 451.
2. Offices and sales offices, provided the display areas or showrooms do not exceed twenty percent (20%) of the usable floor area of the building.
3. Accessory uses which do not exceed thirty percent (30%) of the usable floor area of the building and which are clearly incidental to the principal uses permitted in this section.
4. Governmental or quasi-governmental use.
5. Sidewalk sales and service uses such as galleries, sales and garden shops subject to regulations of Section 1151.07.
6. Vertical integration of uses is allowable.
B. Conditional Uses - The following uses shall be permitted as conditional uses:
1. Accessory buildings and uses customarily incidental to any of the primary uses and not involving the conduct of business.
2. Motels and Hotels.
3. Taverns.
4. Hardware, paint, floor coverings, wall paper, materials and objects for interior decorating, outdoor accessories, and repair of household items, building supplies and bicycles.
5. Retail sales of furniture, appliances, and other major household articles.
6. Amusement and recreational uses such as a bowling alley, theater, indoor racquetball court, indoor tennis court, but excluding drive-in theaters and other drive-in uses such as miniature golf and driving ranges and other uses where the recreation is primarily outdoors.
7. Restaurants, barbers, hair dressers.
8. Art, photo, stationery, notions toy, book, music and gift sales. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
9. Banks or financial institutions where drive-in facilities are incidental to the operation of the facilities.
10. Clothing, apparel, shoe, and variety stores. Souvenirs or souvenir-oriented material shall not exceed five percent (5%) of total display area.
11. Florist and gift shop. Souvenirs or souvenir-oriented materials shall not exceed five percent (5%) of total display area.
12. Grocery store, drug store.
13. Jewelry store.
14. Shoe repair store.
15. Tailor and dress maker shops.
16. Non-paid, off-street parking lot.
17. Medical supplies.
18. Computer sales and service.
19. Building trades.
20. Bed and breakfast.
21. Microbrewery.
22. Gas or fueling stations.
23. Similar uses that meet the purpose and intent of the Village Comprehensive Land Use Plan, and as determined by the Planning Commission.
(b) The Planning Commission may issue conditional zoning certificates for uses listed herein and subject to the general requirements of Chapter 1149 and Chapter 1151. Any request for a conditional use within the Overlay District shall only be approved upon a finding, by the Planning Commission, that each of the following general standards is satisfied, in addition to any applicable requirements contained within the code of ordinances:
(1) The proposed use will be consistent with the intent and purposes of this zoning code and the Village Comprehensive Land Use Plan.
(2) The proposed use will comply with all applicable requirements of this code, except as specifically altered in the approved conditional use.
(3) The proposed use will be compatible with the character of the general vicinity.
(4) The proposed use and site layout will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Due consideration will be given to the location and height of proposed buildings and structures, location and type of proposed fences or walls, location and screening of parking areas, roadways and roadway connections, and the location and type of proposed landscaping and buffer areas.
(5) The area and proposed use will be adequately served by essential public facilities and services, as applicable, such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewer. The applicant or landowner will be required to install public utilities, streets or other public infrastructure as required by the city, state or other agencies to applicable specifications that are necessitated by the conditional use development. Dedication of said public infrastructure may be required.
(6) The proposed use will not involve uses, activities, processes, materials, equipment or conditions of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the zoning district.
(7) The location and scale of the use, the nature and intensity of the proposed operations, the site layout and the relation of the proposed use to surrounding streets will not cause undue traffic congestion or hazards adjacent to the site or in the immediate vicinity beyond that which would be normally expected based on the existing pattern of uses and the planned character reflected in the Village's Comprehensive Land Use Plan. Peak hour volumes, turning movements, existing street capacity, driveway spacing, sight distances and pedestrian traffic shall all be considered.
(8) The proposed use will protect identified natural areas as outlined in the Village Comprehensive Land Use Plan.
(9) The proposed use will protect the health, safety, and welfare; and the social and economic wellbeing of those who will use the land or activity under consideration, the residents, business owners and landowners immediately adjacent to the proposed use or activity, and the community as a whole.
(10) The proposed use will promote connectivity within the site and to adjoining roadways and development areas.
(11) The proposed use will include quality public and semi-public spaces that help advance the goals for the Hines Hill Corridor Plan.
(12) No single tenant space shall occupy more than 50,000 sq. ft.
(Ord. 2016-11-19. Passed 12-13-16.)
1163.03 VILLAGE CENTER SUB DISTRICT.
(a) Development Standards.
(1) Setbacks and Building Heights. All facades and parking areas shall be constructed behind all required setbacks. Building facades shall adhere to all required maximum setbacks.
A. Minimum building and pavement front setback: 10 feet.
B. Maximum front building façade setback: 20 feet.
1. Parking shall not be permitted in the front yard. Access drives shall be permitted.
2. Architectural features including, but not limited to signage, awnings, columns, porticos, public art, or landscape features may be built forward or behind the required setbacks, upon approval from the Planning Commission.
C. Minimum rear and side yard building setback: 10 feet.
D. Minimum rear and side yard pavement setback: 10 feet.
E. Maximum Building Height: 50 feet or four stories, whichever is lower.
F. The overall gross residential density for any one development shall not exceed 12 units per acre. A density bonus may be granted by the village in the event the proposed project/application contributes a significant public benefit to the Village that mitigates the increased denisty. Factors in determining whether the density bonus contributes a significant public benefit include, but are not limited to: the improved preservation of contiguous natural open space; dedication of open space for public use; additional community services; whether the proposed project/application includes development within the Village Center District with a proposed permitted or approved conditional use other than residential; and, the use of higher quality materials in the development than would otherwise be utilized without the bonus. In no case shall the density bonus exceed a gross density of 16 units per acre.
(2) Architectural Standards.
A. Buildings shall receive four-sided architectural treatments, including traditional and natural materials and pedestrian-scaled architectural features.
B. Building entrances must be emphasized and have at least one entrance oriented toward the primary street or a dedicated or private street.
C. Buildings shall have a tri-partite organization, meaning they shall be designed with a base, middle, and cap.
(Ord. 2016-11-19. Passed 12-13-16.)
1163.04 OFFICE RESIDENTIAL DISTRICT.
(a) Development Standards.
(1) Setbacks and Building Heights. All facades and pavement areas shall be constructed behind all required setbacks. Building facades shall adhere to all required maximum setbacks.
A. Minimum building and pavement front setback: 15 feet.
1. Parking shall not be permitted in the front yard. Access drives shall be permitted.
2. Architectural features including, but not limited to signage, awnings, columns, porticos, public art, or landscape features may be built forward or behind the required setbacks, upon approval from the Planning Commission.
B. Maximum front building façade setback: 30 feet.
C. Minimum rear and side yard building setback: 15 feet.
D. Minimum rear and side yard pavement setback: 10 feet.
E. Maximum Building Height: 50 feet or 3 stories, whichever is lower.
F. The overall gross residential density for any one development shall not exceed 12 units per acre. A density bonus may be granted by the village in the event the proposed project/application contributes a significant public benefit to the Village that mitigates the increased denisty. Factors in determining whether the density bonus contributes a significant public benefit include, but are not limited to: the improved preservation of contiguous natural open space; dedication of open space for public use; additional community services; whether the proposed project/application includes development within the Village Center District with a proposed permitted or approved conditional use other than residential; and, the use of higher quality materials in the development than would otherwise be utilized without the bonus. In no case shall the density bonus exceed a gross density of 16 units per acre.
(2) Architectural Standards.
A. Buildings shall receive three-sided architectural treatments, including traditional and natural materials and pedestrian-scaled architectural features.
B. Building entrances must be emphasized and have at least one entrance oriented toward or a dedicated or private street.
C. Buildings shall have a tri-partite organization, meaning they shall be designed with a base, middle, and cap.
(Ord. 2016-11-19. Passed 12-13-16.)
1163.05 MIXED USE GENERAL SUB DISTRICT.
(a) Development Standards.
(1) Setbacks. All facades and pavement areas shall be constructed behind all required setbacks. Building facades shall adhere to all required maximum setbacks.
A. Minimum building and pavement front setback: 15 feet.
1. Along Hines Hill Road parking shall not be permitted between the building and Hines Hill Road.
2. Along Hines Hill Road the maximum building setback shall be 30 feet.
3. Architectural features including, but not limited to signage, awnings, columns, porticos, public art, or landscape features may be built forward or behind the required setbacks, upon approval from the Planning Commission.
B. Maximum front building façade setback: 90 feet.
C. Minimum rear and side yard building setback: 15 feet.
D. Minimum rear and side yard pavement setback: 10 feet.
(2) Architectural Standards.
A. Buildings shall receive three-sided architectural treatments, including traditional and natural materials and pedestrian-scaled architectural features.
B. Building entrances must be emphasized and have at least one entrance oriented toward the primary street.
C. Buildings shall have a tri-partite organization, meaning they shall be designed with a base, middle, and cap.
(Ord. 2016-11-19. Passed 12-13-16.)
1163.06 AREA-WIDE STANDARDS.
(a) General Design Standards.
(1) A primary building shall be oriented parallel to a dedicated or private street, or as parallel as the site permits.
(2) The height of a building shall be a minimum of eighteen (18) feet above grade.
(3) A building frontage that exceeds a width of fifty (50) feet shall incorporate articulation, offsets of the wall plane, and/or pilasters to inhibit a large expanse of blank wall and add interest to the facade.
(4) For a primary building frontage of a commercial use in any Sub District, a minimum of forty (40) percent of the façade area facing a dedicated or private street shall be in clear window glass that permits a full, unobstructed view of the interior to a depth of at least four (4) feet, with the exception of blinds, curtains or other interior decorative elements.
(5) A minimum of seventy (70) percent of the front building façade and fifty (50) percent of the side building façade, not including glazing, shall be of traditional and natural materials.
(6) Industrially zoned properties shall be exempt.
(7) Any drive-thru shall be attached to the principal building and located at the rear or side of the building.
(8) Any roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The materials used in screening must be architecturally compatible with the rooftop and the aesthetic character of the building.
(9) Gables shall have a minimum depth of eight (8) feet, parapet walls shall extend around to the side of the building.
(10) If at least fifty (50) percent of a building is redeveloped, overhead utilities serving that building shall be placed underground.
(b) Architectural Standards.
(1) Style and Character.
A. Development should be consistent in character to reflect the style of the Connecticut Western Reserve. Buildings should use materials, details and proportions similar to Early American styles, from Greek Revival, through Federal and Georgian to Queen Anne and something colloquially called "Farmhouse Colonial."
B. Style and character clues can be taken from historic examples without being literal duplications, and be applied to buildings and structures in a New England Village or farmstead pattern.
(2) Architectural Details.
A. The use of architectural detailing is strongly encouraged to provide scale and interest to the building. Examples of detailing include stone foundations, masonry water tables, masonry window trim or surrounds, frieze boards, decorative cornices, quoins, shutters, columns, balusters, awnings and similar items.
(3) Mass/Scale.
A. Mass and scale should emulate the Connecticut Western Reserve Style. Façade treatment should be formed to break the appearance into smaller facades to better relate to the pedestrian scale. Detail elements (as outlined above) should be used to create a pedestrian scale. Special treatment of the corner of buildings should be considered. Building heights equaling two stories (twenty feet) or more are encouraged.
(4) Materials and Configurations.
A. Wall surfaces of buildings adjacent to the main thoroughfares should consist of 70 percent traditional or natural materials. Traditional or natural materials shall include, brick, stone or engineered stone, wood, cement composite, or metal. The balance of the building's elevations not directly visible from public view shall include materials consistent with those on the front in varying percentages with a minimum of 50 percent traditional or natural materials. Exterior Insulation and Finish System (EIFS) and like stucco shall not be permitted as a building material on any elevation.
1. Brick shall be earth tone colors (reddish tones are preferred) in standard sizes and shall be laid in a traditional masonry pattern.
2. Stone shall be natural or simulated material with a smooth or natural finish. Split face stone is acceptable in limited situations. Stone shall be laid in a traditional pattern indicative of the Connecticut Western Reserve Period.
3. Siding should be of traditional profiles such as 4 inches - 8 inches horizontal beveled. Vinyl (not less than 44 mil thickness) shall not exceed 30 percent of the building materials; the remainder shall be traditional or natural as stated in previous sections.
4. Glass openings shall be a minimum of 15% of the entire wall.
B. Minimum Wall Articulation:
1. There shall be no blank, un-articulated building walls exceeding 30 feet in length. All building walls shall be designed to meet all the following standards:
2. All office building walls shall consist of a building bay or structural building system that is a maximum of 30 feet in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes, changes in texture or materials, and fenestration pattern no less than twelve inches (12 inches) in width.
3. Free standing office buildings within this district must have 4 sided detail.
4. Any wall exceeding 30 feet in length shall include at least one change in wall plane, such as projections or recesses. Offset distance should be at least 12 inches and is encouraged to be more. Offsets shall extend at least twenty percent (20%) of the entire length of the façade.
(5) Roof.
A. Materials:
1. Natural or simulated slate or tile, wood shakes, dimensional shingles (minimum of 30 yr. warranty), standing seam metal (minimum of 20 yr. paint warranty), copper, metal, or flat roof systems (when hidden from public view).
B. Roofs shall have one or more of the following features:
1. Parapets concealing flat roofs and rooftop equipment such as HVAC units from public view are appropriate. The average height of such parapets shall not exceed fifteen percent (15%) of the height of the supporting wall and such parapets shall not at any point exceed one-third (1/3) of the height of the supporting wall. Such parapets shall feature three dimensional cornice treatment;
2. Minimum 8 inches roof overhangs are required on all pitched roofs.
3. Sloping roofs shall have a minimum pitch of 5/12.
4. Sloping roofs that do not exceed the average height of the supporting walls, with a minimum of 5/12 slope and a maximum of 18/12 slope. Single story retail and office buildings and residential buildings may have sloped roof with a maximum height of 1½ times the supporting wall.
5. Three (3) or more roof slope planes.
C. Buildings less than 16 feet in height shall have sloped roofs. Roofs shall have a minimum of 5/12 slope and a maximum of 18/12 slope. Mansard roofs are acceptable provided that they meet the minimum slope requirements and are a minimum of 8 feet in height.
D. All roof-top equipment must be screened.
E. The use of eaves, rakes, cornice lines and etc. are strongly encouraged to add visual interest.
(6) Openings.
A. Glass openings for retail and office buildings shall be between 30 - 70% of the entire wall.
B. Window and door frames should have the appearance of a traditional wood frame when practical.
C. Wood, vinyl, aluminum, aluminum clad, steel and fiberglass are acceptable.
D. Glass can be tinted or clear; reflective glass shall not be permitted.
E. The majority of glazed openings should be of vertical orientation (min. height = 1½ width) unless part of a store front or contextual to the building style. The intent is to eliminate the look of the modern "ribbon window" and portray a traditional proportion associated with mid-twentieth century construction. However, small amounts of a more contemporary approach may be acceptable if part of the overall design strategy.
F. The appearance of divided light windows is preferred.
(c) Landscaping and Screening.
(1) Intent.
A. Landscaping is a visible indicator of quality development and must be an integral part of the project, and not merely located in leftover portions of the site. Landscaping is intended to visually tie the entire development together, define major entryways and circulation (both vehicular and pedestrian) and parking patterns, and, where appropriate, help buffer less intensive adjacent land uses.
(2) Plant Materials.
A. Intent:
1. Incorporate plant species found throughout the region into the planting plan, and visually soften paved areas and buildings. Use and repeat plant materials throughout the development to visually tie the commercial center together.
B. Design Guidelines and Standards:
1. Each area required to be landscaped shall be covered in live material. Live material includes trees, shrubs, ground cover, and sod.
C. Shade Trees:
1. All shade trees shall be a minimum caliper of 2½ inches at the time of plating. Street trees shall be of a variety which will attain an average mature spread greater than 20 feet unless a columnar variety is specified to meet design criteria.
D. Ornamental Trees:
1. Ornamental trees shall be a minimum of 1¾ inches in caliper upon planting.
E. Evergreen Trees:
1. 6 feet minimum height upon planting.
F. Shrubs:
1. All shrubs shall have a minimum size at planting of 24 inches in height for plants with vertical growth habits and 18 inches spread for plants with horizontal growth habits. Evergreen shrubs shall be spaced not more than 36 inches apart so as to form a continuous visual screen under normal growing conditions.
G. Prairie Grasses:
1. Prairie grasses and wildflowers may be planted in combination and must consist of species found native to the northeast Ohio region.
H. Installation:
1. All landscape materials shall be installed in accordance with the current planting procedures established by the American Nursery and Landscape Association.
I. Maintenance:
1. The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials, structures, plants and trees in accordance with these design guidelines. All landscape materials shall be maintained in a healthy, neat appearance.
(3) Entryway Landscaping.
A. Intent:
1. Entryway landscaping announces and highlights entries into the development for the visiting public and residents.
B. Design Guidelines and Standards:
1. Development entry ways shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs and perennials, prairie grasses, and ground covers.
2. Landscaping should break down in scale and increase in detail, color, and variety to mark entry ways into developments.
3. Planting shall be massed and scaled as appropriate for the entryway size and space.
4. Landscaping at street intersections and driveway corners shall "pull back" to open view lines into the site and to create corner features.
(4) Interior Parking Lot Landscaping.
A. Intent:
1. Use parking lot landscaping to minimize the expansive appearance of parking lots, provide shaded parking areas, and mitigate any negative acoustic impacts of motor vehicles. The interior of all uncovered parking blocks containing ten (10) or more spaces shall be landscaped according to this subsection. These requirements for interior parking area landscaping are in addition to the requirements set forth below for perimeter parking area landscaping.
B. Design Guidelines and Standards:
1. Planting islands shall be a minimum of 120 square feet in area and shall be a minimum of 8 feet in width as measured from back of curb to back of curb.
2. Interior landscape islands shall be dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 200 feet in length.
3. Parking lots shall be planted with a minimum of 1 shade tree per 10 parking spaces.
4. Parking lot islands shall be landscaped with shade trees, lawn, shrubs, ground cover or perennials.
(5) Perimeter Parking Area Screening.
A. An evergreen hedge or street-wall (either a minimum of three feet in height) shall be used to screen all parking areas from public roads. Hedges or street walls in excess of 50 feet in length shall be broken up or accented with deciduous or ornamental trees placed in 50 feet intervals. Hedges shall consist of evergreen plant material planted in a manner to achieve a height of 3 feet and grow together to form a continuous hedge within 3 years.
(6) Building Setback Landscaping.
A. Design Guidelines and Standards
B. Building setback areas along thoroughfare, collector, or residential streets, or along private drives, shall be landscaped with a minimum of one (1) tree per forty feet (40 feet) of linear frontage.
(7) Building Foundation Landscaping.
A. Intent:
1. Utilize plant material to break down the visual mass and scale of buildings while softening the architecture and highlighting specific features of the building. Use and repeat plant materials throughout the development to visually tie the districts together.
B. Design Guidelines and Standards:
1. Building foundations shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs and perennials, and ground covers.
2. Landscaping should break down in scale and increase in detail, color, and variety to mark entryways into developments.
3. Plant material should be placed intermittently against long expanses of building walls, fences and other barriers to create a visually softening effect.
4. The scale of the plant material should be appropriate to the size of the facade being softened.
5. A minimum of one shade tree and ten shrubs per 5000 square feet of building ground coverage should be located per side of building that faces a public road. Trees should be planted between the Right of Way and the building facade.
(8) Service Area Screening.
A. Intent:
1. These standards visually screen on-site service areas, including loading docks, trash collection areas, outdoor storage, and similar service uses, from public rights-of-way and adjacent uses.
B. Design Guidelines and Standards:
1. To the maximum extent feasible, areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such service areas shall not be visible from abutting streets and shall be oriented toward on-site service corridors.
2. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within twenty feet (20 feet) of any public street, public sidewalk, or internal pedestrian walkway.
3. Loading docks, truck parking, outdoor storage, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building or landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Screening materials shall be the same as, or of equal quality to, the materials used for the primary building and landscaping.
4. Non-enclosed areas for the storage and sale of seasonal inventory and/or vending machines shall be permanently defined and screened with landscaping, walls and/or fences. Materials, colors, and design of screening walls and/or fences, and of any covering for such area, shall be compatible with those used as predominant materials and colors on the primary building(s). The height of stored or displayed inventory shall not exceed the height of the screening wall or fence.
(9) Mechanical/Utility Equipment Screening.
A. Design Guidelines and Standards:
1. Mechanical/utility screening shall be an integral part of the building structure and architecture and not give the appearance of being "tacked on" to the exterior surfaces. The building parapet shall be the primary means of screening roof top equipment.
2. All mechanical equipment and utilities shall be screened.
(f) Lighting.
(1) General Lighting Guidelines.
A. Pedestrian Walkway Lighting. Pedestrian-level, bollard lighting, ground mounted lighting, or other low, glare-controlled fixtures mounted on building or landscape walls shall be used to light pedestrian walkways.
B. Lighting Height. Bollard-type lighting shall be no more than four feet (4 feet) high.
C. Lighting for Security.
1. Accent lighting on buildings is encouraged as a security feature.
2. Interior and exterior lighting shall be uniform to allow for surveillance and avoid isolated areas.
D. Illumination Levels. Pedestrian areas shall be illuminated to a minimum of one (1) footcandle.
E. Design of Fixtures/Prevention of Spillover Glare. Light fixtures shall use cutoff lenses or hoods to prevent glare and light spill off the project site onto adjacent properties, buildings, and roadways.
F. Color of Light Source. Lighting should have a color temperature from 2500°K to 3500°K. Lighting fixtures should be color-correct types such as halogen or metal halide to ensure true-color at night and ensure visual comfort for pedestrians. Lighting should display a uniform, comfortable and warm appearance.
(2) Architectural Building-Mounted Lighting:
A. Building-mounted lighting may be used only to highlight specific architectural features or primary customer or building entrances. General floodlighting of building façades is not permitted.
B. Coach lights are encouraged on residential buildings to enhance the residential feel and pedestrian safety.
(3) Parking Lot Lighting:
A. Luminaire Fixture Height. The mounting height for luminaire fixtures shall not exceed 28 feet as measured to the top of the fixture from grade.
B. Exterior lighting shall have an appropriate scale and appearance when visible
C. Average Maintained Footcandles:
1. The maximum average maintained footcandles for all parking lot lighting shall be three (3) footcandles, the minimum average maintained footcandles shall be one (1) footcandle. For the purpose of this standard, the average maintained footcandle shall be calculated at 0.8 of initial footcandles.
2. The maximum maintained vertical footcandle at an adjoining residential property line shall be 0.5 footcandles, measured at five feet (5 feet) above grade.
(4) Materials:
A. Antiqued materials including brass, steel, aluminum and copper are acceptable.
B. Fixtures with exposed bulbs are not permitted.
(g) Parking and Circulation.
(1) Standards and Guidelines.
A. Parking lots shall conform to the same minimum setbacks as the primary structure.
B. Design parking lots to avoid dead-end aisles.
C. Where a dead-end aisle is authorized, adequate space for unimpeded turn-around must be provided.
D. Avoid parking that creates hazardous backing movements into major drive aisles.
E. Design parking areas that incorporate pedestrian walkways in a manner that links parking, buildings and the street sidewalk system.
F. Divide parking areas that accommodate more than 125 vehicles into a series of smaller, connected lots.
G. Landscape and offset portions of the lot to reduce the visual impact of large parking areas.
H. Avoid aligning all travel lanes in parking lots in long straight configurations.
I. Provide cross-access easements between adjacent lots to facilitate the flow of traffic between complementary users.
J. Parking lots should be located behind buildings with limited visibility from public streets.
K. All parking lot striping and other markings will be white except for handicap and fire lanes.
L. All parking lots shall conform to the landscape parking provisions as outlined within the landscaping standards.
(h) Signage and Graphics.
(1) Purpose And General Intent.
A. Signage in this district is generally intended to identify to the user the location of a specific business. Business identification signage is generally intended to be seen by motorists from the adjacent thoroughfare to attract them to a specific location. All signage is not necessarily intended to be viewed from a public street; however if signs are visible from a public street, they must not compromise public safety by attracting undue attention.
B. Signage must be subservient to the overall design and impression of the architecture.
C. All signage shall be encouraged to be highly designed and unique to the individual tenant to contribute to the overall design theme. This includes: street signage, parking signage, directional signage, kiosks, etc.
(2) General Requirements.
A. The following sign and sign components shall not be permitted:
1. Flashing, oscillating or moving signs.
2. Formed plastic or injection molded signs.
3. Exposed transformers, ballast boxes, crossovers, conduit, sign cabinets, light boxes, etc. unless inherent with the design program.
4. Visible sign company names.
5. Decals and lettering on tenant show window glass, door glass, or any other part of the storefront cannot exceed 25 percent of the total area of the individual window panel, with the exception of store names, store hours and emergency phone numbers.
6. Temporary signs, posters, notices, announcements or advertisements.
7. Portable advertising signs.
8. Standard "Catalog" type signs (i.e. "open" neon signs).
B. The maximum height of a letter or symbol should not exceed 2 feet.
C. Tenant signage shall be permitted on the back/rear elevation of buildings.
D. Monument signs shall not be placed within the sight triangle of any intersection or access drive with a public street. Monument signs must incorporate design and materials that match the architecture of the development.
E. Ground mounted monument signs must be incorporated with a masonry base of at least 24 inches in height consisting of brick or stone matching the materials found on the main building.
F. Pylon signs are not permitted within this district.
(3) Signage Allowances.
A. Buildings within this district shall be permitted the following signage types:
1. Ground Mounted Monument Sign:
a. Ground mounted monument signs may be permitted within the building frontage on a major roadway. Monument sign will be of a pedestrian scale (maximum of 6 feet height) and will be set back a minimum of 10 feet from the right of way. Monument signs in this district will be limited to a maximum display area of 40 square feet per side and must meet the general sign requirements of this district. Signs shall be located with a minimum 50 square feet landscape bed around the sign base. Signs should be architecturally compatible with the building.
2. Building Mounted Facade Signs:
a. Buildings within this district shall be permitted building mounted signage on the frontage of the building facing a major road. Building mounted sings along the principal facade shall not exceed .75 square feet of sign area per 1 linear foot of primary building frontage. Buildings within this district occupying a corner location on two streets are permitted a primary sign for each facade facing a street.
b. Secondary signage is permitted on a non-primary facade, provided no illumination is used and the area is no more than 25% of the allowable area of the primary sign.
c. Buildings within this district occupying a corner location may be permitted building mounted signage on the secondary facade. Secondary facade signage shall not exceed .5 square feet of sign area per 1 linear foot of secondary building frontage.
(i) Fencing And Walls.
(1) Intent:
A. While fences and walls are often necessary to buffer uses, they can create a visually-monotonous streetscape. These standards provide fencing and walls that are visually-appealing, complement the design of the overall development and surrounding properties, and provide visual interest to pedestrians and motorists.
(2) Design Guidelines and Standards: When a commercial development includes a fence or wall, the following guidelines and standards apply:
A. The maximum height of a fence or wall shall be six feet (6 feet).
B. Fences shall be decorative in nature and be constructed as either stacked split-rail or post and rail styles.
C. Fences shall be constructed of solid wood and can be weather treated or painted.
D. Walls shall be constructed of high quality materials, such as decorative blocks, brick, stone, and wrought iron.
E. Breaks in the length of a fence shall be made to provide for required pedestrian connections to the perimeter of a site or to adjacent development.
F. The maximum length of continuous, unbroken, and uninterrupted fence or wall plane shall be fifty feet (50 feet). Breaks shall be provided through the use of columns, landscaping pockets, transparent sections, and/or a change to different materials.
G. Fences and walls shall be set back from the property line to allow a landscape setback area. Such setback area shall be landscaped with a turf, shrubs, and/or trees, using a variety of species to provide seasonal color and plant variety.
H. Use of landscaping beyond the minimum required in these standards is strongly encouraged to soften the visual impact of fences and walls.
(Ord. 2016-11-19. Passed 12-13-16.)
(Ord. 2016-11-19. Passed 12-13-16.)