The regulations contained in Chapters 1143, 1145 and 1147 are provided to address specific situations and unique development issues in Cleveland Heights. Being a predominantly built-up community, it is necessary to permit development flexibility to promote residential, commercial and mixed use facilities which are well planned in a manner compatible with the character of the City. Each of the three (3) special districts is created specifically for the purpose stated in the respective chapters, and generally to accomplish the following objectives:

   The City contains some large parcels of land which have not been developed to their full economic potential. It is desirable that a zoning district be established that will preserve the present charm and beauty of these parcels and the residential character of the City, yet at the same time promote a unique, densely developed environment well set back from the street in a landscaped surrounding. The purpose of the S-1 Mixed Use District is:

   (a)   To designate, regulate and restrict the location, design and use of buildings, structures and interior streets;

   (b)   To promote high standards of external appearance of buildings and grounds;

   (c)   To stabilize and improve property values with the smallest possible burden on City services and facilities and the highest possible return to the City from tax revenues consistent with maintaining and improving the residential character of the City;

   (d)   To promote health, safety, comfort, convenience and the general welfare; and thus

   (e)   To provide the economic, environmental and social advantages resulting from an orderly planned use of these large parcels of land.

   (f)   To ensure that development complies with the adopted preliminary land use plan for the District and these objectives by requiring approval of a detailed development plan for any subsequent development.

      (Ord. 20-2012. Passed 5-21-12.)

   Within the S-1 District, the following uses enumerated in this section are either permitted principal uses, conditional uses or accessory uses permitted in association with a principal use. All development shall be subject to the review and approval of the Board of Control as set forth in Section 1143.10.

   (a)   Principal Uses. Any principal use or combination of uses permitted in the MF-3 or C-3 Districts is permitted in the S-1 District in accordance with the approved preliminary land use plan for the District.

   (b)   Accessory Uses. Accessory uses shall be permitted in association with a principal use subject to the regulations for such accessory uses in the respective MF or Commercial District.

      (Ord. 105-2017. Passed 1-16-18.)

   The minimum area of an S-1 Mixed Use District shall be not less than fifty (50) acres. The entire area need not be developed at any one (1) time.

(Ord. 20-2012. Passed 5-21-12.)

   A proposed development as permitted in this district shall comply with the following development standards:

   (a)   Yard Requirements. Buildings and accessory uses shall be located in accordance with the following:

      (1)   Buildings shall be located no closer than forty (40) feet to an existing public right of way.

      (2)   Accessory parking areas shall be located no closer than forty (40) feet to an existing public right-of-way bounding the district and twenty (20) feet to an interior public or private street.

      (3)   Buildings and parking areas shall be located no closer than 150 feet to an AA or A District.

      (4)   All portions of the property not covered by buildings, parking areas and other permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material as required by the Board of Control, and which at all times shall be maintained in good and healthy condition so as to assure adequate screening of parking and loading areas, as well as absorption of rainfall.

   (b)   Height Regulations. The height of a proposed building shall be limited as follows by its location on the development site in relationship to adjacent properties:

      (1)   The maximum building height shall not exceed one-half (1/2) the distance from the building to any property line in an AA, A, or B District, provided the yard requirements set forth in subsection (a) hereof are maintained.

      (2)   The maximum building height shall not exceed the distance from the building to any property line in a MF District, provided the yard requirements set forth in subsection (a) hereof are maintained.

      (3)   The maximum height of a building as set forth in subsections (b)(1) and (2) hereof shall be measured from the average grade along the property line of the adjacent residential property.

      (4)   In no case shall buildings exceed 120 feet in height.

   (c)   Additional Standards. Additional site specific development requirements formulated to achieve the objectives of the S-1 Mixed Use District shall be established during the approval process at the time the detailed development plan is reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed development.

      (Ord. 025-2023. Passed 6-5-23.)

   Buildings and structures shall be of sizes, heights, locations and designs which will best accomplish the development of a parcel, or any portion thereof, and shall be such as are appropriate for a development in landscaped surroundings, consistent with the spirit and intent of this zoning district.

(Ord. 20-2012. Passed 5-21-12.)

   Access and interior service roads and streets shall be properly related to the public street and highway system in order to promote safety and minimize traffic congestion. Dedication of interior roads for public streets, as the Board of Control may deem essential, shall be a condition of approval of the plan.

(Ord. 20-2012. Passed 5-21-12.)

   Parking areas shall be suitably screened with planting, and improved to meet the standards of Chapters 1161 and 1166.

(Ord. 105-2017. Passed 1-16-18.)

   Signs shall be permitted according to the provisions of Chapter 1163.

(Ord. 20-2012. Passed 5-21-12.)

   All lighting of exterior and interior building areas, parking areas, grounds and signs shall be designed according to the provisions of Section 1165.07.

(Ord. 105-2017. Passed 1-16-18.)

   Development in the S-1 Mixed Use District shall be permitted only after review and approval of a detailed development plan by the Board of Control according to the procedures set forth in this section:

   (a)   Preparation of a Detailed Development Plan. A proposal for development shall be accompanied by a detailed development plan prepared by a qualified professional, drawn to an appropriate scale. The detailed development plan shall include the following information, provided that the Zoning Administrator may waive certain submission requirements that are deemed unnecessary for the review and evaluation of such proposed development.

      (1)   Plat, plot plan. Plat, property lines of the parcel or parcels proposed for development including existing utilities, easements, street rights of way, and locations of existing principal buildings and land uses on adjacent parcels and across existing streets. Permanent parcel numbers of the development and adjacent parcels shall be included.

      (2)   Topography. Topographic maps showing existing and generally proposed grading contours at not greater than two (2) foot intervals, including integration into and topography on adjacent properties, wooded areas and trees of substantial size. The topography may be included on the plot plan.

      (3)   Principal and accessory buildings. The number, height, location and grouping of proposed dwelling units, nonresidential uses, recreational facilities and public uses, along with notation of the development standards for building spacing, setback from public streets and maximum building height.

      (4)   Traffic. The proposed system of on-site vehicular circulation, details for access to streets, methods for control of traffic, and an assessment of the impact of the proposed development on the existing circulation system; data showing the average and maximum volume of traffic expected to be generated by the development.

      (5)   Parking areas. The layout, dimensions and estimate of the number of parking spaces, the landscaping and other design features of the parking area and types of pavement, the loading and unloading areas.

      (6)   Outdoor lighting fixtures. The location, type and illumination intensity of any existing or proposed outdoor lighting fixtures.

      (7)   Signs. Indication of the size, location, color and nature of any existing or proposed signs on the property.

      (8)   Landscaping and screening plan. A preliminary description of the location and nature of existing and proposed vegetation, landscaping and screening elements; a proposed maintenance plan to ensure the upkeep of natural areas.

      (9)   Outdoor storage. The location and layout of all outdoor storage including storage of waste materials and trash receptacles.

      (10)   Architectural drawings. Complete architectural drawings including floor plans, elevations and specifications for the proposed development.

      (11)   Phasing, sequencing of project. A detailed statement of the phasing and staging of specific elements of the plan, including a proposed construction sequencing schedule.

      (12)   Utilities. Show proposed location of new utilities and authority to connect these into existing infrastructure. Stormwater must address requirements of Chapter 1335 , Stormwater Management.

   (b)   Review for Completeness by the Zoning Administrator. Upon receipt of the proposal, the Zoning Administrator shall, within three (3) working days, make a preliminary review of the application to determine whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Zoning Administrator shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.

   (c)   Review by the Board of Control. The Board of Control shall review the proposal and shall grant approval only after determining that the proposal complies with the preliminary land use plan for the S-1 District and that the proposal is within the intent and purpose of the S-1 District and will not be harmful to surrounding properties. The Board may grant variances from relevant provisions of this Chapter or from any other applicable provisions of the Zoning Code where practical difficulty is demonstrated. However, the Board shall not have the power to grant a use variance.

   (d)   Review by Planning Commission. It is intended that any detailed development plan which will substantially change the use(s), building(s), or traffic pattern(s), within the S-1 Districts shall be reviewed by the Planning Commission prior to Board of Control approval or disapproval. Therefore, when a proposed development plan involves the placement of buildings on previously undeveloped land or a change in the circulation of traffic within the District or a change in the basic use to which land or a building is devoted, the Board shall refer the development plan to the Planning Commission for approval, approval with modifications or disapproval. The Commission shall be allowed a reasonable time, not less than thirty (30) days, for its consideration and recommendation. If the Planning Commission disapproves the proposal within such thirty (30) day period or thereafter, but prior to voting by the Board of Control upon the proposal, the Board of Control shall not approve the proposal except by the concurring votes of not less than three-fourths (3/4) of the members of the Board of Control. Any proposal may be amended prior to the voting thereon by the Board of Control without further notice or postponement, if such amendment to the proposal is in accordance with the recommendation, if any, of the Planning Commission.

   (e)   Notice of Planning Commission Review. When such detailed development plan is referred to the Planning Commission, written notice shall be given by the Zoning Administrator to the applicant, the owner of property (if not the applicant), and to the owners of adjacent, abutting and contiguous properties. The notice shall be sent at least ten (10) days before the hearing by the Planning Commission on the development. The notice shall set forth the time and place of the hearing and the nature of the development proposal. The failure of any person to receive such notice shall not affect the right and power of the Planning Commission and/or Board of Control and/or Council to review such application or to take action on the application.

   (f)   Council Approval. Approval by the Board of Control of a detailed development plan shall not become effective unless and until it has been approved by Council. If Council takes no action in approving or disapproving the plan within thirty (30) days from receipt of certification of approval by the Board of Control, the action of the Board of Control in approving the proposal shall become in full force and effect.

   (g)   Building Permit. No building permit for the improvement of a parcel, or any portion thereof, or for the erection of any building shall be issued unless the detailed development plan has been approved in accordance with the provisions of this section. All construction and development under any building permit shall be in accordance with the approved, detailed development plan. Any departure from the approved plans shall be cause for revocation of the building permit.

   (h)   Amendments to Plans. The preliminary land use plan or a detailed development plan may be amended according to the following:

      (1)   An amendment to the preliminary land use plan shall be considered an amendment to the zoning map and shall be governed by Chapter 1119 of the Zoning Code.

      (2)   An amendment to the detailed development plan shall be governed by the provisions of this Chapter pertaining to the approval of detailed development plans.

         (Ord. 025-2023. Passed 6-5-23; Ord. 010-2025. Passed 2-18-25.)

   If a development is to be implemented in phases, each phase shall have adequate provision for access, parking, stormwater management and other public improvements to serve the development in accordance with the applicable criteria set forth. Where the overall development of an entire S-1 development site will require more than twenty-four (24) months to complete, such developments shall be required to be phased. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases, and to adjoining property.

(Ord. 2025-2023. Passed 6-5-23.)

   As a prerequisite to the issuance of a permit under this Chapter, for any project involving new construction on a two (2) acre parcel or larger, the applicant shall file with the City within ten (10) days after approval of the detailed development plan a surety bond or escrow agreement to insure the construction of the project within the period specified by the Board of Control. The bond or escrow shall be enforceable by or payable to the City in a sum at least equal to the estimated costs of all of the site improvements (streets, drives, walks, walls, storm and sanitary sewers, landscape planting, ornamental features not on a building, and terraces, but not buildings) for the entire project. The bond or escrow shall be in a form and with surety and conditions approved by the Director of Law. In the event of default under such bond or escrow, the City may use the sum defaulted to construct such site improvements to the extent of the funds available.

(Ord. 025-2023. Passed 6-5-23.)

   In the S-2 District, the following uses enumerated in this section are either principal uses permitted by right, conditional uses permitted only upon obtaining a conditional use permit, or accessory uses permitted in association with a principal or conditional use.

   (a)   Principal Uses. Any principal use permitted in the MF-2 or C-2 District shall be permitted in the S-2 District in accordance with the respective district standards. If a property owner chooses to develop his or her property with a principal use enumerated in the MF-2 or C-2 District, such development is reviewed in the same manner as a permitted use in an MF-2 or C-2 District.

   (b)   Conditional Uses. The following uses may be allowed as a conditional use in the S-2 District subject to the provisions of Title Seven:

      (1)   Any use allowed as a conditional use in the MF-2 or C-2 District. If incorporated as part of a Planned Development, these conditional uses may not be required to comply with the development standards in Chapter 1153.

      (2)   S-2 Planned Developments in accordance with an approved Development Plan. An S-2 Planned Development may include any combination of principal or conditional uses permitted in the MF-2 and C-2 Districts.

   (c)   Accessory Uses. Accessory use shall be permitted in association with a principal or conditional use subject to the regulations in the respective MF or Commercial Districts.

      (Ord. 025-2023. Passed 6-5-23.)

   The gross area of a tract of land proposed to be developed in an S-2 Planned Development shall be no less than two (2) acres.

(Ord. 20-2012. Passed 5-21-12.)

   The development standards for an S-2 Planned Development approved as a conditional use shall be determined by applying the objectives and intent set forth in Chapter 1141 and Section 1145.01, and may vary from the applicable standards of the MF-2 and C-2 Districts as follows:

   (a)   Maximum Density. When residential dwelling units are proposed as part of an S-2 Planned Development, the maximum density shall be fifty-eight (58) dwelling units per acre. The total number of units permitted shall be calculated by multiplying the total land area, exclusive of public streets existing at the time the plan is submitted, by the maximum density allowable per acre.

   (b)   Yard Requirements. The front, side and rear yard requirements may be varied to accommodate a variety of structural patterns, clustering designs, and housing types, provided that for projects adjacent to substantially developed single-family neighborhoods, buildings located within fifty (50) feet of such single-family property shall maintain the established building line of the adjacent property.

   (c)   Height Regulations. The height of a proposed building shall be limited as follows by its location on the development site in relationship to adjacent properties:

      (1)   The maximum building height shall not exceed one-half (1/2) the distance from the building to any property line in an AA, A, or B District.

      (2)   The maximum building height shall not exceed twice the distance from the building to any property line in a MF District.

      (3)   Building may be approved up to the property line when adjacent to a commercial district.

      (4)   The maximum height of a building as set forth in subsections (c)(1) and (2) hereof shall be measured from the average grade of the adjacent residential property.

   (d)   Additional Standards. Additional site specific development requirements formulated to achieve the objectives of the S-2 District shall be established at the time the conditional use request and Development Plan are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed development.

      (Ord. 025-2023. Passed 6-5-23.)

   The procedures for the approval of an S-2 Planned Development shall comply with the administrative provisions set forth in Sections 1115.08 and 1115.09, including the submission of a Development Plan. It is suggested that the applicant with preliminary sketches confer informally with the Planning Commission regarding basic concepts of the proposed development prior to submitting the formal Development Plan pursuant to Section 1115.09.

(Ord. 025-2023. Passed 6-5-23.)

   If the development is to be implemented in phases, each phase must have adequate provision for access, parking, stormwater management and other public improvements to serve the development in accordance with the applicable criteria set forth. Where the overall development of an entire S-2 Planned Development site will require more than twenty-four (24) months to complete, such developments shall be required to be phased. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases, and to adjoining property.

(Ord. 025-2023. Passed 6-5-23.)

   As a prerequisite to the issuance of a conditional use permit under this Chapter, for any project involving new construction on a two (2) acre parcel or larger, the applicant shall file with the Planning Commission within ten (10) days after approval of the Development Plan a surety bond or escrow agreement to insure the construction of the project within the period specified in Section 1115.08 or as extended or changed by the Planning Commission. The bond or escrow shall be enforceable by or payable to the City in a sum at least equal to the estimated costs of all of the site improvements (streets, drives, walks, walls, storm and sanitary sewers, landscape planting, ornamental features not on a building, and terraces, but not buildings) for the entire project. The bond or escrow shall be in a form and with surety and conditions approved by the Director of Law. In the event of default under such bond or escrow, the City may use the sum defaulted to construct such site improvements to the extent of the funds available.

(Ord. 025-2023. Passed 6-5-23.)

   The Planning Commission may prepare the Development Plan pursuant to Section 1115.09 for an existing or proposed S-2 District. Such approved plan shall be the basis for developing the property provided that an applicant shall submit a project plan for all or part of the area within such S-2 District and receive a conditional use permit before a building permit may be issued. An applicant may elect to develop only a portion of the area encompassed by the Development Plan, which may be an area less than the required two (2) acres, provided the proposed development complies with the sequencing established by the adopted Development Plan.

(Ord. 20-2012. Passed 5-21-12.)

   The Planned Development Overlay ("PDO") District is hereby created and hereafter established to achieve the following objectives:

   (a)   To provide greater opportunity for development or redevelopment in areas of the City that have shallow commercial or high density residential frontages which abut low density residential areas.

   (b)   To promote new commercial and residential development and, where appropriate, mixed use development while assuring that any increased density or commercial development is compatible with the surrounding areas.

   (c)   To assure that a proposed Planned Development occurs in a unified manner in accordance with a conditionally approved Development Plan prepared by either the City or the property owner.

   (d)   To encourage sustainable development and practices in residential and commercial areas.

      (Ord. 025-2023. Passed 6-5-23.)

   (a)   The PDO District shall be in addition to and shall overlay all other zoning districts where the PDO District is established, so that any parcel of land lying in a PDO District shall also lie in one (1) or more of the other zoning districts provided for in this Zoning Code. The district designation of PDO District shall be superimposed over the existing zoning designations on the Zoning Map.

   (b)   The Zoning Code provisions of the underlying district(s) shall remain in effect except when development occurs in accordance with a conditionally approved Development Plan, in which case the regulations and requirements of this Chapter and of the approved PDO District shall supersede those of the underlying district(s).

(Ord. 025-2023. Passed 6-5-23.)

   A PDO District shall be established in accordance with the required procedures for a Zoning Map amendment pursuant to Chapter 1119 upon recommendation of the Planning Commission and shall include development standards pursuant to Section 1147.06, provided that a Development Plan be conditionally approved by the Planning Commission at the time the property is rezoned.

(Ord. 025-2023. Passed 6-5-23.)

   In the PDO District, the following uses enumerated in this section are either principal uses permitted by right, conditional uses permitted only upon obtaining a conditional use permit, or accessory uses permitted in association with a principal or conditional use.

   (a)   Principal Uses. Any principal use permitted in the underlying district(s) shall be permitted in accordance with the regulations and standards of the underlying district(s).

   (b)   Conditional Uses. The following uses may be allowed as a conditional use in the PDO District subject to the provisions of Title Seven.

      (1)   Any conditional use enumerated in the underlying district. If incorporated as part of a Planned Development these conditional uses may not be required to comply with the development standards in Chapter 1153.

      (2)   Planned Developments in accordance with an approved Development Plan. A Planned Development may include any use or combination of uses permitted in the underlying zones, irrespective of the underlying zoning district boundaries.

   (c)   Accessory Uses. Any accessory use permitted in the underlying district(s) shall be permitted in association with a principal use subject to the regulations in the respective district(s).

      (Ord. 20-2012. Passed 5-21-12.)

   The gross area of a tract of land proposed to be developed as a Planned Development shall be no less than two (2) acres.

(Ord. 20-2012. Passed 5-21-12.)

   The development standards for a PDO District shall be determined by applying the objectives and intent set forth in Chapter 1141 and Section 1147.01 and shall be recommended to Council by Planning Commission when the Commission initiates the PDO District rezoning process pursuant to Section 1147.03. Standards related to density, dwelling unit area, yard requirements, height and parking shall be as outlined below, however, the Planning Commission may recommend modification(s) to these requirements if the modifications (1) are appropriate and consistent with the proposed use(s); (2) are appropriate and consistent with the surrounding properties and neighborhood character; and (3) further sustainability guidelines set forth in Section 1165.06:

   (a)   Maximum Density. The maximum density permitted for development for the entire overlay area shall be the maximum density for the most intense use in the underlying districts.

   (b)   Yard Requirements. The front, side and rear yard requirements may be varied to accommodate a variety of structural patterns, clustering designs, and housing types, provided that for projects adjacent to substantially developed single-family neighborhoods, buildings located within fifty (50) feet of such single-family property shall maintain the established building line of the adjacent property.

   (c)   Height Regulations. The height of a proposed building shall be limited as follows by its location on the development site in relationship to adjacent properties:

      (1)   The maximum building height shall not exceed the distance from the building to any property line in an AA, A, or B District.

      (2)   The maximum building height shall not exceed twice the distance from the building to any property line in a MF District.

      (3)   The maximum height of a building as set forth in subsections (c)(1) and (2) hereof shall be measured from the average grade of the adjacent residential property.

   (d)   Parking Requirements. The parking requirements for the proposed use(s) shall be as stated in Chapter 1161.

   (e)   Additional Standards. Additional site specific development requirements formulated to achieve the objectives of the PDO District shall be established at the time the conditional use request and the Development Plan are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed development.

      (Ord. 025-2023. Passed 6-5-23.)

   The procedures for the approval by Planning Commission of a Development Plan shall comply with the administrative provisions set forth in Sections 1115.08 and 1115.09(a) and (b). It is suggested that the applicant share preliminary sketches with the Planning Commission regarding basic concepts of the proposed development prior to submitting the formal Development Plan pursuant to Section 1115.09. Such preliminary sketches shall be the basis of Planning Commission’s initiation of the PDO District pursuant to Section 1147.03 and may inform the Commission’s recommendations concerning development standards under Section 1147.06.

(Ord. 14-2017. Passed 3-20-17.)

   If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, stormwater management and other public improvements to serve the development in accordance with the applicable criteria set forth. Where the overall development of an entire site will require more than twenty-four (24) months to complete, such developments shall be required to be phased. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases, and to adjoining property.

(Ord. 025-2023. Passed 6-5-23.)

   As a prerequisite to the issuance of a conditional use permit under this Chapter, for any project involving new construction on a two (2) acre parcel or larger, the applicant shall file with the Planning Commission within ten (10) days after approval of the Development Plan and PDO District a surety bond or escrow agreement to insure the construction of the project within the period specified in Section 1115.08 or as extended or changed by the Planning Commission. The bond or escrow shall be enforceable by or payable to the City in a sum at least equal to the estimated costs of all of the site improvements (streets, drives, walks, walls, storm and sanitary sewers, landscape planting, ornamental features not on a building, and terraces, but not buildings) for the entire project. The bond or escrow shall be in a form and with surety and conditions approved by the Director of Law. In the event of default under such bond or escrow, the City may use the sum defaulted to construct such site improvements to the extent of the funds available.

(Ord. 025-2023. Passed 6-5-23.)