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Broadview Heights City Zoning Code

CHAPTER 1275

CLASS B-5 DISTRICTS

§ 1275.01 DEFINITIONS.

   As used in this chapter.
   “Dwelling unit.” Means that portion of a building, suite of rooms or efficiency unit used by the occupants as and for their kitchen area, dining area, bedroom or recreation or study area, including clothes closets and other similar uses. Basement rooms or spaces are excluded from this definition unless the basement has one-half of its clear story height above the grade level of the lot and is used as the first floor of the building in which it is included.
   “Persons of retirement age.” Means individuals who are 55 years of age or older or persons under 55 years of age who are married to persons over that age.
(Ord. 165-87, passed 2-16-1988)

§ 1275.02 PURPOSE AND INTENT.

   A Class B-5 Senior Citizen District and regulations therefor are hereby established in order to achieve, among others, the following purposes:
   (A)   To provide appropriate developments of dwelling facilities for persons of retirement age in locations convenient to city social and welfare facilities and to shops, public transportation and other needs of the senior citizen;
   (B)   To provide in such development health, dining and recreational facilities for the comfort and convenience of the occupants;
   (C)   To regulate the bulk, height and spacing of buildings within the development in order to obtain proper light, air, privacy and open space for passive recreation and landscaped amenities;
   (D)   To protect adjacent residential properties by requiring adequate yards and screening; and
   (E)   To regulate the density of population within such Districts.
(Ord. 165-87, passed 2-16-1988)

§ 1275.03 PERMITTED USES.

   In a Class B-5 Senior Citizen District, land and buildings shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, only for the following purposes:
   (A)   Any use or accessory use permitted and regulated in an A-1 Zoning District; and
   (B)   A senior citizen center, which means a development or institution providing dwelling facilities for three or more persons, principally of retirement age, who are ambulatory and not dependent upon the services of others and who are not related to the owner or operator. A senior citizen center may include rest, nursing or other health facilities as set forth in Ohio R.C. Chapter 3721, and shall include dining, recreational and other related facilities and services.
      (1)   The following main uses shall be restricted primarily for occupants and/or employees:
         (a)   Senior Citizen District buildings consisting of residential units with full dining service and other support services provided within the buildings; and
         (b)   Other attached or detached dwellings, such as row houses or other attached or detached dwellings with access to full dining and support services provided as a mandatory condition of residency.
      (2)   The following accessory uses shall be permitted:
         (a)   Health centers, recreation facilities and administrative offices primarily for the use of residents of the Senior Citizen District;
         (b)   Dining facilities for residents of the District and their guests;
         (c)   Private garages and parking areas, roads and walkways;
         (d)   Utility, maintenance, sanitation and storage facilities wholly enclosed within separate buildings or otherwise permitted buildings, except that maintenance and repair of trucks, tractors, automobiles and similar vehicles shall not be permitted within residential buildings;
         (e)   Landscape features, private gardens, fences and walls;
         (f)   Rooftop mechanical equipment necessary for the normal operation of the development;
         (g)   Signs, as regulated in Chapter 1328; and
         (h)   Home occupations, as regulated in § 1268.02(J).
(Ord. 165-87, passed 2-16-1988)

§ 1275.04 SITE PLANNING CRITERIA.

   (A)   A Class B-5 Senior Citizen District project shall be designed specifically for this purpose, incorporating necessary safety and convenience features. In general, the site amenities provided shall be more attractive than for multi-family projects since elderly people spend nearly all their time on the site. The yards and passive recreation areas shall be extensive in quantity and fully landscaped. There shall be a composition of small, intimate, private yard and court areas for a variety of passive activities.
   (B)   Safety must be emphasized. Vehicular circulation drives shall preferably be only at the perimeter of the project. Parking areas may penetrate into the perimeter of the site. The interior of the site shall be assigned completely to pedestrian use. Abrupt grades shall be avoided. All changes in grade in the walk system shall be accomplished by ramps. All entrances to buildings shall be approachable by ramps. There shall not be more than two exterior steps to any building used by the occupants. All safety concerns shall meet American National Standards Institute (ANSI) requirements.
(Ord. 165-87, passed 2-16-1988)

§ 1275.05 PRELIMINARY AND FINAL SITE DEVELOPMENT PLANS.

   Preliminary and final site plans shall be required for all purposed multi-family developments in a Class B-5 Senior Citizen District, as follows.
   (A)   Preliminary Plans.
      (1)   Requirements.
         (a)   Survey. A survey of the property and topography, performed by a registered surveyor, showing the land owned and proposed for development, including descriptions of adjacent properties;
         (b)   Buildings. The locations, size, height and use of all main and accessory buildings and their general design, color and exterior materials;
         (c)   Floor Plans. The floor plans for each proposed building, drawn to scale and dimensioned, indicating the proposed uses and gross floor area of each dwelling unit, other main uses and any accessory uses housed within a building;
         (d)   Streets. The proposed pattern of vehicular circulation, including estimated traffic volumes, service access and relationship to existing streets;
         (e)   Utilities. Evidence of adequacy of all required utilities and services;
         (f)   Parking. The general layout and estimate of spaces provided, both open and enclosed; and
         (g)   Miscellaneous. Other site improvements, including the general drainage pattern, the general landscape plan and the location and pavement type of pedestrian walkways.
      (2)   Submittal.
         (a)   The presentation of preliminary plans shall be made concurrently to the Building Department (to file an application for construction) and to the Planning Commission.
         (b)   A nonreturnable application fee shall accompany the application to the Building Department.
         (c)   The Planning Commission shall submit plans to the appropriate departments within the city for their comments, i.e., Fire, Police and Public Service Departments.
      (3)   Approval.
         (a)   If preliminary plans are not acceptable to both the Planning Commission and Council, based on the requirements and intent of this chapter, a revised preliminary plan may be submitted.
         (b)   If preliminary or revised preliminary plans are acceptable to both the Planning Commission and Council with slight modification, final plans, including such modification, may be submitted.
   (B)   Final Development Plans.
      (1)   Requirements.
         (a)   Site Plan. All items submitted for preliminary approval; with modification as requested;
         (b)   Utilities Plan. Detailed drawings of all required utilities, including water, sewers and underground electric and telephone systems;
         (c)   Fire Protection Plan. Water mains, hydrants and other appurtenances;
         (d)   Landscape Plan. Adequate design criteria with plants and vegetation lists, including specifications, landscape and safety features; and
         (e)   Miscellaneous. The construction schedule and disposition program and any other information specifically required by the Planning Commission.
      (2)   Submittal.
         (a)   The presentation of final plans shall be made to the Planning Commission.
         (b)   The Planning Commission shall submit plans to the appropriate departments within the city for their comments, i.e., Fire, Police, Public Service and Building Departments.
         (c)   When the development given preliminary approval is to be constructed in two or more phases, final plans shall be submitted separately for each phase prior to the scheduled construction.
      (3)   Approval.
         (a)   If final plans are not acceptable to both the Planning Commission and Council, based upon the requirements and intent of this chapter, revised final plans may be submitted.
         (b)   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.
      (4)   Changes. At any time after the approval of a preliminary or final development plan, the owner may request a change which shall be subject to the same procedure and conditions of approval as the original application.
      (5)   Building and Occupancy Permits.
         (a)   No building permit for the improvement of a parcel or portion thereof, or for the erection of any building, shall be issued for any building or structure in the Senior Citizen District unless and until a final development plan has been approved by Council in accordance with this section. If and when any proposed final development plan has been approved, the Building Commissioner shall then issue the necessary building and other permits upon payment of the required fees and upon compliance with applicable codes.
         (b)   An occupancy permit shall be issued by the Building Commissioner if the use qualifies under the various restrictions of this Zoning Code and the inspections required have been made and the work approved.
         (c)   Occupancy permits shall not be granted until all required improvements, including landscaping, are completed in compliance with this Zoning Code.
         (d)   If weather conditions prevent completion of some minor improvements (i.e., landscaping, paving and the like), a returnable deposit, equal to the estimated cost of the improvement, shall be deposited with the city to guarantee completion of the improvements when weather permits.
         (e)   The development of the development area shall commence as provided in § 1448.09 of the Building and Housing Code.
(Ord. 165-87, passed 2-16-1988; Ord. 92-97, passed 6-23-1997; Ord. 189-98, passed 3-15-1999; Ord. 137-12, passed 9-17-2012)

§ 1275.06 AREA REGULATIONS.

   In a Class B-5 Senior Citizen District, land and structures shall be developed and maintained in accordance with the following area regulations:
   (A)   Development Area. Ten acres minimum;
   (B)   Density.
      (1)   Senior Citizen District Buildings (SCDB). Fifteen dwelling units per acre maximum with 40% efficiency units maximum per building; and
      (2)   Other Attached or Detached Dwellings (OAD). Ten dwelling units per acre.
   (C)   Lot Width at Building Line. Two hundred fifty feet minimum;
   (D)   Lot Width at Street Line. Sixty feet minimum at each vehicular entrance and along the length of each vehicular access through a yard;
   (E)   Building Coverage (All Main and Accessory Buildings). Twenty percent for SCDB; 30% for OAD;
   (F)   Common Open Space. Five hundred square feet of lot area, minimum, per dwelling unit as defined and regulated in § 1275.10 ;
   (G)   Dwelling Unit Area.
      (1)   SCDB. Four hundred square feet minimum for an efficiency unit, 650 square feet minimum for a one-bedroom unit and 800 square feet for a two bedroom unit. An efficiency unit shall have not less than 400 square feet of livable floor area, and shall include a full bath and kitchenette. Occupancy of an efficiency unit shall not exceed one permanent resident, but shall not prohibit an overnight or weekend guest; and
      (2)   OAD. One thousand square feet minimum for a one-bedroom unit and 1,150 square feet for a two-bedroom unit.
   (H)   Common Space. A common living room and dining room to be shared by the inhabitants. The area of the common living room shall be not less than 60 square feet per dwelling unit. The area of the dining room shall be not less than 15 square feet per dwelling unit. The community and activity rooms, library, kitchens, dispensary and/or any other rooms and areas shall be in addition to the 75 square feet required per dwelling unit; and
   (I)   Storage Area. Sixty cubic feet minimum per dwelling unit. This is in addition to the actual storage area within the dwelling unit.
(Ord. 165-87, passed 2-16-1988)

§ 1275.07 HEIGHT REGULATIONS.

   In a Class B-5 Senior Citizen District, structures shall be developed and maintained in accordance with the following height regulations:
   (A)   Main Buildings.
      (1)   Senior Citizen District Buildings. Three stories maximum and not exceeding 35 feet; and
      (2)   Other Attached or Detached Dwellings. Two and one-half stories maximum and not exceeding 35 feet.
   (B)   Accessory Structures.
      (1)   Fences and Walls. Eight feet maximum, except that fences enclosing tennis courts shall not exceed 12 feet in height; and
      (2)   Other Accessory Structures. Twelve feet maximum for private parking garages, 20 feet maximum for repair and storage garages and 35 feet maximum for buildings housing health, recreation and dining facilities.
   (C)   Exceptions. Roofing mechanical equipment as permitted in § 1275.03 may extend a maximum of ten feet above the highest point of the building on which it is located, provided such equipment conforms to Planning Commission standards. With the exception of chimneys and antennas on attached single-family dwellings, such equipment shall be set back from any building face a distance at least equal to the height by which is exceeds the building height.
(Ord. 165-87, passed 2-16-1988; Ord. 137-12, passed 9-17-2012)

§ 1275.08 YARD AND BUFFER REGULATIONS.

   (A)   In a Class B-5 Senior Citizen District, land and structures shall be developed and maintained in accordance with the following yard and buffer regulations. Landscape features, gardens, fences, walls and signs shall be permitted in required yard and buffer areas, provided that such uses conform to applicable regulations of this Zoning Code. Other accessory uses are permitted in required yards only in accordance with the buffer regulations of division (C) hereof.
   (B)   The minimum yard depth from a lot line to a main building shall be as follows:
 
Number of Stories in Main Building
To Street Right of Way (ft.)
To A-1 District Line (ft.)
To Lot Line (other than A-1) (ft.)
1
80
100
50
2
80
100
60
3
100
100
70
 
   (C)   The minimum distance from any Senior Citizen District building to detached garage buildings, driveways, walks and recreation areas, and from such accessory uses to lot lines, shall be determined by the following schedule:
 
Accessory Uses
Minimum Distance From Residence Center (ft.)
Minimum Distance From Lot Line (ft.)
Detached garages and parking areas
25
20
Driveways
30 (except at building entrances)
10
Walks
15
10
Recreation areas (active play)
40
20
 
(Ord. 165-87, passed 2-16-1988)

§ 1275.09 DISTANCES BETWEEN BUILDINGS AND OTHER USES.

   In a Class B-5 Senior Citizen District, land and structures shall be developed and maintained in accordance with the following regulations regarding the required distances between buildings and other uses.
   (A)   Definitions and Measurement Standards. As used in this section:
      “Facing walls.” Means those two overlapping walls for which the length of overlap is the greater. Although more than one set of walls may be overlapping in relationship between two buildings, only one set of two walls shall be considered facing.
      “Length of overlap.” Means the length of the portion of one wall from which perpendicular lines will intersect a second wall. In determining the length of overlap, the minimum possible overlap shall be used for computation.
      “Main wall.” Means any exterior wall of a residential building containing principal windows of a living, dining or sleeping room.
      “Overlapping wall.” Means a wall of one building overlapping a wall of a second building when perpendicular lines extended from the first wall intersect the second wall.
      “Secondary wall.” Means any exterior wall of a residential building, other than a main wall, containing minor windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom or no windows.
   (B)   Schedule of Distances. The minimum distance between walls of main buildings and other walls or uses shall be as set forth in the following schedule:
Building Wall
Other Wall or Use
Minimum Distance (ft.)
Building Wall
Other Wall or Use
Minimum Distance (ft.)
Main wall, facing
Accessory building
30
 
Another main wall
40X
 
Private road **
30
 
Recreation facility
30
 
Secondary wall
30X
 
Surface parking area
10
Secondary wall, facing
Accessory building
20
 
Another secondary wall
25X
 
Private road **
20
 
Recreation facility
20
 
Surface parking area
10
Accessory building, facing
Another accessory building
15
 
Private road **
10
X =   length of overlap divided by 5
**   A private road excludes a drive providing direct access to a Senior Citizen District building or other attached or detached dwelling.
 
(Ord. 165-87, passed 2-16-1988)

§ 1275.10 DESIGN REGULATIONS AND STANDARDS.

   In a Class B-5 Senior Citizen District, land and structures shall be developed and maintained in accordance with the following design regulations and standards.
   (A)   Building Design.
      (1)   Senior Citizen District Buildings. The maximum length of a building wall shall be 100 feet. However, building length may extend to a maximum of 300 feet, provided that walls are offset or aligned at angles as approved by the Planning Commission.
      (2)   Other Attached or Detached Dwellings. In order to enhance privacy and encourage attractive building arrangements, the alignment of other attached or detached dwelling buildings should be varied and the facades of not more than every two dwelling units shall be offset at least 16 inches. Not more than eight units shall be located in one building.
      (3)   Generally. Attractive variations in such building elements as facade, width, color, exterior materials and rooflines shall be desirable. Parallel arrangements of buildings should be avoided. However, uniformity in design is not expressly prohibited.
   (B)   Site Design. Senior Citizen District residential developments shall be designed to complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading and maximize the conservation of trees, watercourses and other distinctive characteristics of the site. Such distinctive characteristics shall be integrated into the plan to create functional variations in the arrangement of residences, open spaces and accessory uses.
   (C)   Modifications to Area, Yard and Buffer Requirements. With respect particularly to properties of irregular shape, unusual topography or limited size, the Planning Commission, with the approval of Council, may modify requirements regarding areas, yards, buffers and distances between uses if compliance with such requirements is either clearly infeasible or contrary to compliance with the design regulations set forth in this section.
   (D)   Common Open Space. As required in § 1275.06 (F), at least 500 square feet of land per dwelling unit shall be reserved as common open space in Senior Citizen Districts.
      (1)   Required Characteristics. Land designated as common open space under this section shall conform with the following characteristics:
         (a)   Common open space shall consist of land or a combination of land and water of such condition, size and shape as to be usable for active recreation and/or scenic enjoyment as appropriate to the site, the surrounding area and the expected resident population. Such area shall contain no structures, other than those related to recreational uses, and shall not include roads or parking areas;
         (b)   Required yard and buffer areas shall be excluded in the computation of common open space; and
         (c)   Consideration shall be given to the arrangement and location of common open space to take advantage of physical characteristics of the site and to place common open space with easy access and view of dwelling units. Common open space shall not be separated from the development by existing roads.
      (2)   Ownership and Maintenance. Such common open space, including any recreational facilities proposed to be constructed in such space, shall be clearly delineated on the site plan, together with descriptive data as to the methods to be employed to preserve and maintain such open space. All common open space shown on the site plan must be subject to legally enforceable reservations and restrictions, acceptable to the city government, which reservations and restrictions will ensure the preservation of such land for recreation and open space use in perpetuity and will absolutely prohibit development of such land except for permitted recreational uses.
   (E)   Pedestrian Circulation. Each Senior Citizen District residential development should be served by a comprehensive walkway system adequately separated from recreation areas and health center buildings.
   (F)   Utility Equipment. All utility lines serving Senior Citizen District residential developments shall be located underground. Rooftop mechanical equipment shall be enclosed in a manner which complements the architectural style of the building on which it is located.
   (G)   Swimming Pools. Any swimming pool in which water may collect to a depth in excess of one and one-half feet shall be enclosed by a wall or fence not less than five feet in height, with access provided from a controlled point.
(Ord. 165-87, passed 2-16-1988; Ord. 137-12, passed 9-17-2012)

§ 1275.11 LANDSCAPING; NATURAL ENVIRONMENT.

   A minimum of 40% of a lot shall be landscaped. The development of any lot shall be done in a manner so as to preserve natural assets, such as brooks, valleys, trees and ravines, unless the lot is otherwise impossible to develop. Recreation facilities shall be considered part of the landscaping.
(Ord. 165-87, passed 2-16-1988)

§ 1275.12 EXTERIOR LIGHTING.

   Exterior lighting shall be provided for the safety and convenience of residents and their guests and employees, but shall not be of excessive brightness and shall be placed in such a way so as not to cause annoying glare or reflections on neighboring premises or public streets.
(Ord. 165-87, passed 2-16-1988)