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Broadview Heights City Zoning Code

CHAPTER 1278

CLASS D-1 DISTRICTS

§ 1278.01 COMMUNITY FACILITIES DEFINED; PURPOSES.

   As used in this chapter, “community facilities” means facilities classified as main and accessory buildings and uses in § 1278.02. Class D-1 Community Districts and regulations are established in order to achieve, among others, the following purposes:
   (A)   To provide proper zoning classifications for governmental, civic, health, welfare, educational and recreational facilities in proper locations and to such an extent as to promote the general safety, convenience, comfort and welfare;
   (B)   To protect such community facilities and institutions from the encroachment of certain other uses;
   (C)   To ensure that such community facilities shall be compatible with adjoining residential uses;
   (D)   To provide an environment for the proper functioning of community facilities in relation to the city’s adopted land use or street plan and other plans for community facilities; and
   (E)   To alert the public to the location of parcels either intended to be used or currently being used for community facilities.
(Ord. 89-8, passed 2-27-1989)

§ 1278.02 USE REGULATIONS.

   Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in a Class D-1 Community District only for the following uses:
   (A)   Main Buildings and Uses.
      (1)   Governmental. Municipal, county, state and federal buildings, uses for administrative functions and uses by the general public, including post offices, police and fire stations and town halls;
      (2)   Civic. Art galleries, public zoos, libraries, museums, observatories, places of public assembly, memorials, monuments, cemeteries, fraternal organizations and private clubs;
      (3)   Educational. Nursery, primary and secondary public, private or parochial schools and institutions of higher education;
      (4)   Recreational. Parks, recreation fields, recreation centers, playgrounds, lakes, beaches, pools, public gardens and golf courses;
      (5)   Religious. Churches and synagogues; and
      (6)   Welfare. General hospitals, clinics, health centers and publicly owned and operated institutions for children, the elderly and the infirm; and
   (B)   Accessory Buildings and Uses. Public parking areas, storage garages, parsonages, residences for custodians or guards and maintenance and heating facilities.
(Ord. 89-8, passed 2-27-1989)

§ 1278.03 AREA REGULATIONS.

   The parcel of land to be developed for a Class D-1 Community District, i.e., the main buildings and uses set forth in § 1278.02, shall be sufficiently large in area so as to provide a proper setting for the development so that the main and accessory buildings shall not occupy more than 20% of the parcel. Such parcel shall accommodate off-street parking and other accessory uses without impairing the character of the neighborhood or the enjoyment of use of adjoining properties.
(Ord. 89-8, passed 2-27-1989)

§ 1278.04 YARD REGULATIONS.

   (A)   Front Yards. The front yard setback shall be not less than 75 feet when adjacent to any residential district and not less than the required front yard setback for any adjacent residential or nonresidential district.
   (B)   Side and Rear Yards.
      (1)   Main Buildings and Uses. The yards for each community facility building shall be not less than the criteria set forth in the following schedule when adjacent to any residential district:
Community Facility Building
Minimum Yard (ft.)*
Side*
Rear*
Community Facility Building
Minimum Yard (ft.)*
Side*
Rear*
Civic: Nonassembly buildings
100
100
    Assembly buildings
100
100
Educational: Public, private and parochial schools
100
100
   Nursery schools and child day-care centers
100
100
Governmental: Administrative buildings
100
100
Recreational: Buildings
100
100
Religious: Churches and synagogues
100
100
Welfare: General hospitals and clinics, homes for children, the aged and the infirm
100
100
*Or two times the height of the building, whichever is greater.
 
      (2)   Accessory Uses. Driveways and parking areas serving the community facility may be located within the side or rear yard set forth in the schedule set forth in division (B)(1) hereof, but driveways, parking areas and accessory buildings shall be located not less than 50 feet from any adjacent lot line. Play areas shall not be located less than 50 feet from any adjacent boundary line of a residential district.
      (3)   Yards Adjacent to Nonresidential Districts. Side and rear yards for main and accessory buildings and uses adjacent to a nonresidential district shall be not less than the side and rear yard setbacks for that particular nonresidential district.
(Ord. 89-8, passed 2-27-1989)

§ 1278.05 HEIGHT REGULATIONS.

   (A)   In a Class D-1 Community District, buildings may be erected to a height not exceeding 40 feet or three floors. The side and rear yard setbacks shall be a minimum of 50 feet, but shall be two times the height of the building when the height of the building exceeds 25 feet. Further, chimneys, spires, cupolas, domes, towers, flagpoles, radio or television receiving antennas, monuments and other mechanical appurtenances located upon or constructed as an integral part of the main building shall not exceed a height of 50 feet.
   (B)   The maximum height of radio and television transmitting towers and water towers shall be determined by the Planning Commission but shall not exceed the minimum width of the side yard, the minimum depth of the rear yard or the minimum depth of the front yard, whichever is less.
(Ord. 89-8, passed 2-27-1989)

§ 1278.06 LIGHTING.

   Flood lighting or other lighting of play fields in a Class D-1 Community District, as specified in § 1278.02(A)(4) shall be extinguished between 12:00 midnight and 7:00 a.m. Buildings, bulletin boards and parking areas shall be located and designed so as to shield the light source from adjoining residences.
(Ord. 89-8, passed 2-27-1989)

§ 1278.07 SIGN REGULATIONS.

   Signs in a Class D-1 Community District shall be designed, erected, altered, moved and maintained in whole or part in accordance with Chapter 1328 (formerly Chapter 1479).
(Ord. 89-8, passed 2-27-1989)

§ 1278.08 DEVELOPMENT PLANS.

   Preliminary and final development plans of proposed community facilities and land improvements in a Class D-1 Community District shall be submitted, along with maps, surveys and other required information, to the Planning Commission for review as follows:
   (A)   Contents. Plans for a development shall be drawn to a scale of not less than one inch equals 100 feet and shall include:
      (1)   Surveys. Property and topography surveys performed by a registered surveyor showing land owned and proposed for development, surrounding and adjoining streets and adjoining lots and their uses;
      (2)   Buildings. The location, size, height and use of all proposed main and accessory buildings; their general design, exterior materials and color; and the nearest building on an adjoining lot and its use;
      (3)   Traffic. The proposed system of on-site vehicular and pedestrian circulation, including proposed streets, driveways and sidewalks, details for accessways to streets, methods for control of traffic and the type of pavement. At the option of the Planning Commission, a traffic study may be required to be performed by a qualified traffic engineer at the applicant’s expense;
      (4)   Parking Areas. The general layout and estimate of the number of spaces provided, landscaping and other design features and the type of pavement;
      (5)   Utilities. The location, size and grade for all utility installations and connections to present or proposed facilities;
      (6)   Site development. A grading plan; the design of landscaped yards, planting areas and buffering of adjoining residential areas; the size, location and type of all outdoor signs; and exterior lighting;
      (7)   Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, sureties and other instruments as may be required; and
      (8)   Landscaping and buffering. Appropriate landscaping and buffering as necessary to provide an aesthetically pleasing appearance and to shield adjacent properties. The nature and extent of required landscaping and buffering will be dependent on the type of facility and the use of adjacent property.
   (B)   Submittal. A preliminary development plan designed in accordance with the planning standards, regulations and criteria established in this chapter shall be submitted to the Planning Commission;
   (C)   Approval by Council. After the approval of the preliminary plan, final plans shall be prepared and submitted to the Planning Commission in accordance with procedures set forth in Appendix I following the text of the subdivision regulations (Chapter 1252 ). Only when final or revised final plans are acceptable to Council, having first received the recommendation of the Planning Commission, shall final approval be given. If the Planning Commission recommends that said final or revised final plans should not be accepted by Council, said plans shall only be approved upon the concurrence of at least two-thirds of the members of Council; and
   (D)   Time Limitation for Construction. The development of the development area shall commence as provided in § 1448.09 of the Building and Housing Code.
(Ord. 89-8, passed 2-27-1989; Ord. 92-97, passed 6-23-1997; Ord. 189-98, passed 3-15-1999)

§ 1278.09 CRITERIA FOR PLAN REVIEW.

   (A)   An application for development plan approval within a proposed public facility shall not be approved unless, after a determination, the Planning Commission finds that the use applied for complies with the following standards and criteria.
      (1)   The proposed use shall be located so as to have access only on an arterial or collector street. However, such use may be located on a local street, provided it is found that the extent and intensity of the proposed development will not substantially increase the volume and type of traffic movement on local streets.
      (2)   The proposed use is necessary to serve the neighborhood or the community at large.
      (3)   The dimensions of the site are sufficient to fully provide the area, yard and open space requirements and to insulate it from surrounding dwellings.
      (4)   The location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential areas.
   (B)   In addition to complying with the criteria specified in this section, conditions appropriate to each particular application may also be set forth in the permit, as determined by the Planning Commission.
(Ord. 89-8, passed 2-27-1989)