Euclid City Zoning Code

TITLE NINE

Zoning Use Districts

CHAPTER 1353 U2 Two-Family House Districts (Repealed)

EDITOR’S NOTE: Chapter 1353 was repealed by Ordinance 120-2024, passed October 7, 2024.

CHAPTER 1355 U3 Apartment House Districts(Repealed)

EDITOR’S NOTE: Chapter 1355 was repealed by Ordinance 120-2024, passed October 7, 2024.

CHAPTER 1356 U3E Elevator Apartment House Districts (Repealed)

EDITOR’S NOTE: Chapter 1356 was repealed by Ordinance 15-2024, passed February 20, 2024.

CHAPTER 1360 U5 Commercial Districts (Repealed)

EDITOR'S NOTE: Chapter 1360 was repealed by Ordinance 201-2008, passed October 6, 2008. Please see Chapter 1359.

CHAPTER 1361 U6 Industrial and Manufacturing Districts (Repealed)

EDITOR'S NOTE: Chapter 1361 was repealed by Ordinance 201-2008, passed October 6, 2008. Please see Chapter 1359.

1351.01 COMPLIANCE REQUIRED.

In a Class U1 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a Class U1 use.

(Ord. 2812. Passed 11-13-22; Ord. 174-2008. Passed 9-2-08.)

1351.02 PERMITTED USES.

The permitted uses in a Class U1 Single-Family House District shall be as follows:

(a) A public park, not including an amusement park;

(b) A single-family dwelling;

(d) Group housing units limited to adult family homes and residential facility family homes. For the purposes of these regulations, the above terms are defined as follows:

(1) “Adult family home.” A facility that is licensed by the Ohio Department of Health to provide accommodations for not more than five adults and to provide personal care services to these resident adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets. Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency.

(2) “Residential facility family home.” A facility licensed by the Ohio Department of Mental Health to provide accommodations to not more than eight mentally retarded or developmentally disabled persons and to provide personal care, supervision, habilitation services and mental health services in a family setting.

A. Prior to a handicapped person commencing residence in a residential facility family home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. § 3602(h) of the Federal regulations.

B. Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency.

(e) Family Day Care Home, Type B, Accessory to an Occupied Dwelling Unit. According to Ohio R.C. 5104.054, any type “B” family day-care home, whether certified or not certified by the County Director of Human Services, shall be considered to be a residential use of property for purposes of zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type “B” family day-care home is a permanent residence of the provider where child care is provided for one to six children and where no more than three children are under two years of age. For the purpose of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted.

(Ord. 28-1957. Passed 1-28-57; Ord. 178-1959. Passed 9-14-59; Ord. 174-2008. Passed 9-2-08.)

1351.03 CONDITIONAL USES.

Conditional uses that may be permitted in a Class U1 Single-Family House District are listed below and are regulated in Chapter 1368.

(a) Public and private elementary, secondary and high schools;

(b) Public library;

(d) Day care center located in an approved religious assembly or school facility.

(Ord. 174-2008. Passed 9-2-08.)

1352.01 RESIDENTIAL DISTRICTS.

(a) This chapter establishes regulations for lower-density residential districts, which include the following:

(1) U1 Residential District.

(2) U2 Residential District.

(b) Where district regulations contained in this chapter differ from those elsewhere in this zoning ordinance or those indicated on the Zone Map, the regulations set forth in this chapter shall prevail.

(Ord. 120-2024. Passed 10-7-24.)

1352.02 DEFINITIONS.

Section 1311.01 and Chapter 1321 of this zoning code should be referenced. Words herein not specifically defined in Section 1311.01 and Chapter 1321 are to be construed in their customary sense.

(Ord. 120-2024. Passed 10-7-24.)

1352.03 COMPLIANCE REQUIRED.

In U1 and U2 Districts, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except as provided in this chapter.

(Ord. 120-2024. Passed 10-7-24.)

1352.04 PRINCIPALLY PERMITTED AND CONDITIONAL USES.

(a) The uses permitted in the U1 and U2 Residential Districts are indicated in Table 1352.04, with a 'P' indicating a Permitted Use and a 'C' indicating a Conditional Use. A blank cell indicates that a use is prohibited. All other uses not listed in Table 1352.04 shall be considered prohibited. See Chapter 1368 for additional information involving conditional use procedures and regulations.

Table 1352.04
	U1	U2
Residential
Single-family dwelling	P	P
Two-family dwelling	P	P
Double house dwelling	P	P
Three-family dwelling		P
Town house development (c)		C
Group Housing Facilities (a), (b)
Adult family home	P	P
Residential facility family home	P	P
Other & Institutional
Public parks, not including amusement parks	P	P
The raising of crops or nurseries, but not including any commercial greenhouses	P	P
Public and private elementary, secondary and high school (c)	C	C
Public library (c)	C	C
Churches/religious assembly (c)	C	C
(a) Must comply with all applicable State and Federal Laws and Regulations. (b) See additional regulations contained in this Chapter. (c) See additional regulations regarding conditional uses in Chapter 1368.

(b) Group Housing Facilities.

(1) Definitions for "Adult family home" and "Residential facility family home" are contained in Chapter 1321.

(2) Prior to a handicapped person commencing residence in a residential facility family home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. § 3602(h) of the Federal regulations.

(3) Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency, if any.

(Ord. 120-2024. Passed 10-7-24.)

1352.05 ACCESSORY USES AND STRUCTURES.

(a) See Chapters 1377, 1385, and 1388 for regulations pertaining to accessory uses in residential districts.

(b) In addition, the following accessory uses are permitted in the U1 and U2 Districts:

(1) Family Day Care Home, Type B, shall be a permitted accessory use to an occupied single-family dwelling unit.

A. According to Ohio R.C. 5104.054, any type "B" family day-care home, whether certified or not certified by the County Director of Human Services, shall be considered to be a residential use of property for purposes of zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where child care is provided for one to six children and where no more than three children are under two years of age. For the purpose of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted.

B. Family Day Care Home, Type B, shall conform to regulations and standards for single-family dwellings set forth in this chapter.

(2) A day care center located in an approved religious assembly or school facility is considered an accessory use that requires approval by the Planning Commission and shall conform to additional regulations set forth in Chapters 1368 and 1377.

(Ord. 120-2024. Passed 10-7-24.)

1352.06 HEIGHT REQUIREMENTS.

(a) In the U1 and U2 Districts, all single-family, single-family attached, and two-family dwellings shall not be in excess of two and one-half stories or thirty-five feet in height.

(b) In the U2 District, all three-family dwellings shall not be in excess of three stories or forty feet in height.

(c) In the U1 and U2 Districts, a church, school or library building shall not be in excess of four stories or fifty feet in height.

(d) All other principal buildings in the U1 and U2 Districts shall not be in excess of two and one-half stories or thirty-five feet in height.

(e) See Section 1379.02 for exceptions to height requirements in the U1 and U2 Districts.

(Ord. 120-2024. Passed 10-7-24.)

1352.07 LOT AREA AND LOT WIDTH REQUIREMENTS.

(a) In U1 and U2 Residential Districts all lots shall conform to the minimum lot area and width requirements set forth in Table 1352.07.

Table 1352.07
	U1		U2
	Lot Area	Lot Width	Lot Area	Lot Width
Residential
Single-family dwelling (a)	5,000 sf	40 ft	4,000 sf	35 ft
Two-family dwelling	5,000 sf	40 ft	4,000 sf	35 ft
Double house dwelling	5,000 sf	40 ft	4,000 sf	40 ft
Three-family dwelling	N/A	N/A	5,000 sf	45 ft
Town house Development	N/A	N/A	1,800 sf/du (d)	18 ft/du (d)
Group Housing Facilities
Adult family home (b), (c)
Residential facility family home (b), (c)
Other & Institutional
Public parks, not including amusement parks	-	-	-	-
The raising of crops or nurseries, but not including any commercial greenhouses	-	-	-	-
Public and private elementary, secondary, and high school (d)
Public library (d)
Churches/religious assembly (d)
(a) See additional regulations contained within this section. (b) Area and width shall meet requirements for single-family dwellings. (c) Must comply with all applicable State and Federal Laws and Regulations. (d) See Conditional Use Regulations in Chapter 1368.

(b) Lot Area shall mean useable interior area of a lot or parcel.

(1) Minimum lot area shall conform to Table 1352.07, unless the lot is a corner lot, in which case minimum lot size shall be 4,000 square feet in U1, and 3,200 square feet in U2.

(2) However, in computing area of the lot for the purpose of this Section, any part of the area of any corner lot in excess of 8,000 square feet shall be considered an interior lot.

(c) For any lot separately owned at the time of the passage of the Zoning Ordinance or on any numbered lot in a recorded subdivision that is on record in the office of the County Recorder at the time of the passage of this Zoning Ordinance, a permitted structure may be erected, even if said lot does not meet minimum lot size and width requirements provided proposed structures meet all other setback regulations.

(d) Townhouses and townhouse developments.

(1) Townhouse developments shall conform to necessary regulations set forth in Chapter 1368 .

(2) Each townhouse shall be situated on its own parcel which shall have a width of at least eighteen (18) feet. The minimum parcel size for each townhouse shall conform to the requirements set forth in Table 1352.07.

(3) Townhouses must be constructed as part of a townhouse development which includes three (3) or more individual townhouses. The minimum project dimensions for a townhouse development are: Minimum width = 69 feet; Minimum Area = 6,900 square feet.

(e) Flag lots or Rear Residential Dwellings. In U1 and U2 Districts, every dwelling shall have access to a public street and if located in the rear of other buildings with no immediate street frontage, an easement for access shall be provided over an unoccupied strip of land at least ten (10) feet in width, and such reserved strip may not form a part of any yard or lot areas required by this Zoning Code.

(1) If the dwelling is an accessory dwelling structure, sharing the same lot or parcel as a lot or parcel fronting a street, the access easement shall be recorded with the city on the parcel map and descriptions.

(2) If the dwelling is to be located on a separate lot or parcel behind one fronting the street, the creation of this "flag lot" must go before the Planning Commission for review and approval.

(f) See also Supplemental Area Regulations contained in Chapter 1381.

(Ord. 120-2024. Passed 10-7-24.)

1352.08 FRONT YARD SETBACK REQUIREMENTS.

(a) The front setback, or building line in the U1 and U2 Districts shall conform to the following, such that when a lot is located on the street indicated, no building shall be erected closer to the street right-of-way than indicated:

Table 1352.08
	U1 and U2
Euclid Ave. (a), (b)	30 ft
Lake Shore Blvd. (a), (b)	30 ft
E. 185th St. (a), (b)	14 ft
(a) Unless the average of the adjacent front yard setbacks is less, in which case residential development shall conform to that average. (b) Unless proposed residential development is a Townhouse Development, in which case a smaller front yard setback may be proposed, to be approved by the City Planning and Zoning Commission.

(b) All other streets:

(1) On streets where permitted residential development has occurred, the front yard setback shall be the median of front setbacks on the subject property's respective side of the block street, or the average of the adjacent front yard setbacks, whichever is larger. However, in all instances the front yard setback shall be no less than 20 feet.

(2) On streets where permitted residential development has not occurred or no building line has been established, the front yard setback or building line shall be 30 feet.

(Ord. 120-2024. Passed 10-7-24.)

1352.09 SIDE YARD SETBACK REQUIREMENTS.

(a) All dwellings in U1 and U2 Districts shall have a side yard along each lot line other than a front line or rear line.

(b) Each single-family dwelling, two-family dwelling, and three-family dwelling shall be deemed a separate building and shall have side yards.

Table 1352.09
	Lots 50 ft or less in width		Lots greater than 50 ft
	Minimum Side Yard (one side)	Total Combined Side Yards	Minimum Side Yard (one side)	Total Combined Side Yards
Residential
Single-family, Two-family dwelling	3 ft	10 ft	5 ft	15 ft
Double-house dwelling (a)	3 ft	15 ft	5 ft	15 ft
Three-family dwelling	3 ft	10 ft	5 ft	15 ft
Townhouse development (a)	3 ft	15 ft	5 ft	15 ft
Group Housing Facilities
Adult family home (b)	3 ft	10 ft	5 ft	15 ft
Residential facility family home (b)	3 ft	10 ft	5 ft	15 ft
Other & Institutional
Public parks, not including amusement parks	5 ft	10 ft	5 ft	10 ft
The raising of crops or nurseries, but not including any commercial greenhouses	5 ft	10 ft	5 ft	10 ft
Public and private elementary, secondary, and high school (c)
Public library (c)
Churches/religious assembly (c)
(a) See additional regulations in this Chapter. (b) Must comply with all applicable State and Federal Laws and Regulations. (c) See Conditional Use Regulations in Chapter 1368.

(d) Exceptions. All attached side-by-side dwellings, including single-family attached dwellings, double houses, or townhouses can be considered a single building such that the side of the lot where the dwelling units are attached shall not be required to have a side yard.

(Ord. 120-2024. Passed 10-7-24.)

1352.10 REAR YARD SETBACK REQUIREMENTS.

(a) Every building in the U1 and U2 Districts shall have a rear yard.

(b) All rear yards shall be at least fifteen feet or one-half the height of the building, whichever is larger, but need not be more than forty feet in depth.

(1) Forty percent of the area of such yard may be occupied by one accessory building not more than fifteen feet in height. However, on a corner lot, the rear line of which is identical with the side line of an interior lot, no such accessory building, if detached from the main building, shall be erected within twenty feet of any street line or within ten feet of the rear lot line.

(2) There shall be a minimum of ten feet between a dwelling and an accessory building.

(Ord. 120-2024. Passed 10-7-24.)

1352.11 MINIMUM RESIDENTIAL FLOOR AREA.

(a) All residential structures in the U1 and U2 Districts shall be constructed to have a minimum livable floor area, excluding basement and utility room areas, based on the table set forth below:

Table 1352.11
	Minimum Floor Area
	Lots 10,000 square feet and less	Lots over 10,000 square feet
Single-family, Two-family, Three-family dwelling	1,250 sf/structure	1,500 sf/structure
Double-house dwelling and Townhouse	650 sf/unit	750 sf/unit

(b) The above floor area requirement shall not apply in the Attached Single-Family Districts or to single-family dwelling units approved under the terms of a residential planned development per Section 1365.06 of the Euclid Zoning Code.

(Ord. 120-2024. Passed 10-7-24.)

1354.01 MULTI-FAMILY RESIDENTIAL DISTRICT.

(a) This chapter establishes regulations for the higher-density residential U3 Multiple Family (Multi-Family) Residential District.

(Ord. 120-2024. Passed 10-7-24.)

1354.02 DEFINITIONS.

Section 1311.01 and Chapter 1321 of this zoning code should be referenced. Words herein not specifically defined in Section 1311.01 and Chapter 1321 are to be construed in their customary sense.

(Ord. 120-2024. Passed 10-7-24.)

1354.03 COMPLIANCE REQUIRED.

All buildings and structures erected and used in the U3 District shall conform to regulations set forth in this chapter.

(Ord. 120-2024. Passed 10-7-24.)

1354.04 PRINCIPALLY PERMITTED AND CONDITIONAL USES.

(a) All uses permitted in the U2 Residential District as established in Table 1352.04 shall also be permitted in the U3 Multi-Family District.

(b) All conditional uses in the U2 Residential District as established in Table 1352.04 shall also be conditionally permitted in the U3 Multi-Family District, unless otherwise indicated in Table 1354.04.

(c) Additional uses permitted in the U3 Multi-Family District are indicated in Table 1354.04, with a 'P' indicating a Permitted Use and a 'C' indicating a Conditional Use. A blank cell indicates that a use is prohibited. All other uses not listed in Table 1354.04 shall be considered prohibited.

Table 1354.04
	U3
Residential
Apartment house	P
Elevator apartment house	C
Group Housing Facilities (a), (b)
Adult croup homes (a), (b)	P
Residential facility group homes (a), (b)	P
Other & Institutional
Public and private elementary, secondary, and high schools (c)	C
Public library (c)	C
Churches/religious assembly (c)	C
(a) See additional regulations in this Chapter. (b) Shall conform to all applicable State and Federal laws and regulations. (c) See Conditional Use Regulations in Chapter 1368.

(d) Group Housing Facilities. The specific regulations for group housing units, limited to adult group homes and residential facility group homes, shall be as follows:

(1) Definitions for "Adult group home" and "Residential facility group home" are contained in Chapter 1321.

(2) Prior to a handicapped person commencing residence in a residential facility group home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. § 3602(h) of the Federal regulations.

(3) The group housing unit shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency and shall retain the required license from the appropriate State department at all times. Failure to do so shall be a violation of this Planning and Zoning Code.

(4) The architectural design and site layout of the group housing unit and the height of any walls, screens, or fences connected with any said group home shall be compatible with adjoining land uses and the residential character of the neighborhood.

(5) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.

(6) No group housing unit shall be located within 500 feet of another group housing unit. Separation distances are measured from property line to property line by the shortest distance.

(7) The group housing unit shall meet local fire safety and building code requirements for the proposed use and level of occupancy.

(8) Signs or other means of identifying a group housing unit shall not be permitted.

(Ord. 120-2024. Passed 10-7-24.)

1354.05 ACCESSORY USES AND STRUCTURES.

(a) See Chapters 1377, 1385, and 1388 for regulations pertaining to accessory uses in residential districts.

(b) All accessory uses permitted in the U1 and U2 Residential Districts shall be permitted in the U3 Multi-Family District.

(1) A community center building accessory to an apartment house or complex and serving only the residents of the apartment house or complex.

(Ord. 120-2024. Passed 10-7-24.)

1354.06 HEIGHT REQUIREMENTS.

(a) All buildings in the U3 District shall conform to the following:

(1) Notwithstanding any other provisions of this chapter for an apartment house building, the maximum height shall be limited to thirty-five (35) feet.

(2) Elevator apartment house buildings shall be no more than 200 feet but shall not be less than fifty (50) feet in height, excluding accessory structures on roofs.

(3) All other buildings shall be no more than four (4) stories or fifty (50) feet.

(b) See Section 1379.02 for exceptions to height requirements in the U3 District.

(Ord. 120-2024. Passed 10-7-24.)

1354.07 LOT AREA AND LOT WIDTH REQUIREMENTS.

(a) In the U3 Multi-family District, all principally permitted and conditional uses in the U2 District shall comply with regulations set forth in Chapter 1352.

(b) In the U3 Multi-family District, all principally permitted and conditional uses all lots shall conform to the minimum lot area and width requirements set forth in Table 1354.07.

Table 1354.07
	Lot Area	Lot Width
Residential
Apartment house (a)	2,500 sf/du	100 ft
Elevator apartment house	700 sf/du	100 ft
Group Housing Facilities
Adult croup homes (a), (b), (c)
Residential facility group homes (a), (c)
Institutional & Other	See Table 1352.07
All other uses:	See Table 1352.07
(a) See additional regulations in this Chapter. (b) Area and width shall meet requirements for apartment houses. (c) Must comply with all applicable State and Federal Laws and Regulations.

(d) Notwithstanding the requirements set forth in other sections of this Chapter, in the development of an apartment house or elevator apartment house project of two or more buildings, the creation of a single sublot for each building shall not be required, although the project may be held to subdivision regulations contained within this Zoning Code if the development project meets the definition of a subdivision.

(e) Apartment Houses:

(1) Minimum lot area shall conform to table 1354.07, unless the lot is a corner lot, in which case minimum lot area shall be 2,000 square feet per dwelling unit.

(2) However, in computing area of the lot for the purpose of this Section, any part of the area of any comer lot in excess of 8,000 square feet shall be considered an interior lot.

(f) Flag lots or Rear Residential Dwellings. In the U3District, every lot shall have access to a public street and if located in the rear of other buildings with no immediate street frontage, an easement for access shall be provided over an unoccupied strip of land at least ten (10) feet in width, and such reserved strip may not forma part of any yard or lot areas required by this Zoning Code.

(2) If the dwelling is to be located on a separate lot or parcel behind one fronting the street, the creation of this "flag lot" must go before the Planning and Zoning Commission for review and approval.

(g) See also Supplemental Area Regulations contained in Chapter 1381.

(Ord. 120-2024. Passed 10-7-24.)

1354.08 FRONT YARD SETBACK REQUIREMENTS.

(a) Where a building line is shown on the Zone Map as an existing alignment line, the alignment of the buildings existing along such frontage shall determine the building line.

(b) The front setback or building line in the U3 District shall conform to the following, such that when a lot is located on the street indicated, no building shall be erected closer to the street right-of-way than indicated:

Table 1354.08
Euclid Ave. (a), (b)	30 ft
Lake Shore Blvd. (a), (b)	30 ft
E. 185th St. (a), (b)	14 ft
Tungsten Rd. from Chardon Rd. to E. 222nd St. (a)	30 ft
South side of St. Clair Ave. from E. 200th St. to E. 222nd St. (b)	30 ft
(a) Unless the average of the adjacent front yard setbacks is less, in which case residential development shall conform to that average. (b) Unless proposed residential development is a Townhouse Development, in which case a smaller front yard setback may be proposed, to be approved by the City Planning and Zoning Commission.

(c) On any street frontage other than Euclid Avenue or Lake Shore Boulevard in the U3 District, where permitted residential development has not occurred or no building line has been established, the front yard setback or building line shall be 30 feet.

(d) Additional regulations regarding front yards and accessory uses in front yards are set forth in Sections 1354.09 and 1354.11.

(Ord. 120-2024. Passed 10-7-24.)

1354.09 SIDE AND REAR YARD SETBACK REQUIREMENTS.

(a) All buildings in the U3 District shall have a side yard along each lot line other than a front line or rear line.

(b) Apartment Houses and Elevator Apartment Houses shall have a side yard setback of 10% of the average lot width on both sides, or at least twelve feet, whichever is larger.

(1) Notwithstanding the requirements set forth in other sections of this chapter, in the development of an apartment house project of one or more buildings, the yards between buildings or parts of the same building and the yards between any building and a side or rear lot line shall be designed and constructed in accordance with yard regulations set forth in Section 1354.10.

(c) Other uses permitted in the U3 Multi-Family District shall have side and rear yards which conform to regulations set forth in Section 1352.09 and 1352.10.

(d) Side and rear yard exceptions.

(1) The area required in a side or rear yard shall be open to the sky from the established grade or from the natural grade. Such area shall be unobstructed except for the ordinary projections of window sills, golf courses, cornices and other ornamental features to the extent of not more than eighteen inches, except that, within five feet of the street wall, a cornice may project not over three feet into such yard, and provided that if the building is not over two and one-half stories in height, the cornice may project not more than two and one-half feet into such yard.

(2) A building and any accessory building erected on the same lot shall, for the purpose of side and rear requirements, be considered as a single building.

(Ord. 120-2024. Passed 10-7-24.)

1354.10 ADDITIONAL APARTMENT BUILDING SETBACK REQUIREMENTS.

In order to encourage greater flexibility in design and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for apartment house buildings are hereby established. The yards of apartment house buildings shall be related to the space within the dwelling units as well as the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, from streets and parking and recreation areas in accordance with the following:

(a) Minimum Distance Between Facing and Overlapping Buildings. The minimum distance(s) between any two apartment house buildings or parts thereof in a development area will vary according to the length (L) and height (H) of buildings. Such minimum distance(s) shall be determined by the formula: Minimum Distance(s) =(LA+ LB+ HA+ HB)/ f. With the elements of such formula being defined as follows:

(1) Minimum Distance(s) means the required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.

(2) "LA" means the total length of building A which, for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building A from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building B.

(3) "LB" means the total length of building B which, for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building B from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building A.

(4) "HA" means the height of building A.

(5) "HB" means the height of building B.

(6) "f' means the division factor, which shall be: 5 for an apartment house, U3 District; and U3EL Districts.

(7) The elements of the formula are shown on the illustrations following subsection (h) hereof and as defined above.

(b) Minimum Distance in Oblique and Angular Building Arrangements. The minimum distance(s) in such arrangements are determined by the formula: Minimum Distance(s) = (LA 1 + LA 2 + LB+ HA+ HB)/f. With the elements of the formula are shown on the illustrations following subsection (h) hereof and as defined above.

(c) Minimum Distance Between Nonoverlapping Walls. Where walls of two buildings do not directly face each other or do not overlap, i.e. where lines drawn perpendicular from the face of any wall of one building will not intersect the face of any wall of another building, the minimum horizontal distance between such buildings shall not be less than one-half of the combined height of the two buildings. Such minimum distance(s) shall be determined by the formula: Minimum Distance(s) =(HA+ HA)/2, with the elements of the formula are shown on the illustrations following subsection (h) hereof and as defined above.

(d) Minimum Distance Between Walls of Court Arrangements. In arrangements where two or more buildings are connected by a common entranceway of two stories or less, the entire length of the principal buildings shall be used to determine the length (L) factor. The minimum distance(s) shall be determined by applying the formula set forth in subsection (a) hereof.

(1) In arrangements of parallel walls with offset sections, the distance between the section of walls shall be derived from such formula and shall be measured as the average distance, provided that the minimum distance(s) between any two facing sections shall be not less than sixty feet. The elements of the formula are shown on the illustrations following subsection (h) hereof and as defined above.

(2) In U-shaped arrangements the minimum distance(s) between the parallel walls (A and B) facing the court are determined by the formula: Minimum Distance(s) = (2(LA + LB)+ HA+ HB)/f, with the distance(s) between any two facing sections shall be not less than sixty feet. The elements of the formula are shown on the illustrations following subsection (h) hereof and defined above.

(3) In H-shaped arrangements the minimum distance(s) between the parallel buildings as indicated by the measurement of walls LA and LB facing the court are determined by the formula: Minimum Distance(s) = (LA + LA' + LB + LB' + HA+ HB)/ f, with the minimum distance(s) between any two facing sections shall be not less than sixty feet. The elements of the formula are shown on the illustrations following subsection (h) hereof and as defined above.

(e) Minimum Distance Between Buildings and Side or Rear Lot Lines. The minimum distance(s) between any apartment building or parts thereof in a development area and any side or rear line of such development area shall vary according to the length and height of the building. Such minimum distance(s) shall be determined by the following formulas:

(1) Where land zoned U3 abuts U1 or U2 Districts: Minimum Distance(s) =(A+ L + H)/f.

(2) Where land zoned U3 abuts all other zoned uses: Minimum Distance(s) =(A+ L + H)/2f.

(3) The elements of such formula being described as follows:

A. A=twenty feet where the (L) is less than fifty feet and the (H) is less than thirty-five feet. In all other cases "A" shall be fifty feet.

B. L =length of the property line in feet measured between perpendicular lines to the property line where such perpendiculars touch the extreme ends of the building.

C. H =height of building in feet.

D. f =division factor from the schedules below:

1. Buildings whose length (L) is up to 100 feet and:

a. The height (H) is up to 50 feet F = 5.

b. The height (H) is 50.1 to 100 feet F = 3.

c. The height (H) is 100.1 to 150 feet F = 2.

d. The height (H) is 150.1 and up F = 1.5.

2. Buildings whose length (L) is from 100.1 feet to 250 feet and:

a. The height (H) is up to 50 feet F = 3.5.

b. The height is from 50.1 feet to 100 feet F = 2.5.

c. The height (H) is from 100.1 and up F = 1.5.

3. Buildings whose length (L) is 250.1 feet or more and:

a. The height (H) is up to 50 feet F = 2.5.

b. The height (H) is from 50.1 to 100 feet F = 1.5.

c. The height (H) is from 100.1 feet and up F = 1.

(f) When computing the setback formula for buildings of more than one wing, all wings that are within fifteen degrees of being perpendicular to the property line shall be considered as a separate building for measurement purposes. All attached wings that are not within fifteen degrees of the perpendicular to the property line shall be considered as one continuous building and the entire length between perpendicular lines to the property line shall be used for determining the length requirement of the formula.

(g) The required setback shall be measured from the wall plane or point that is the closest to the property line.

(h) Distances From Main Building to Accessory Uses. The minimum distance(s) from any apartment house building to parking areas, driveways, walks and recreation areas to the development area boundaries, as set forth in this subsection, are desirable criteria to be applied in the site planning.

Table 1354.10
Accessory Use	From Apartment Buildings		From Boundary Lines (feet)
Accessory Use	Main Wall (feet)	End Wall (feet)	From Boundary Lines (feet)
(1) Parking areas	10	20	20
(2) Private streets (except at entrances)	30	30	10
(3) Walks (public use)	15	10	10
(4) Recreation areas (active play)	40	30	15

(i) The minimum distance(s) set forth in the schedule are intended to be applied to:

(1) Main wall. Any exterior wall containing the principal windows of a living, dining or sleeping room or rooms;

(2) End wall. Any exterior wall, other than a main wall, containing minor windows of a dining or sleeping room, or principal or minor windows of kitchen or bathrooms, or a blank surface;

(3) Private streets. At all locations except at the garage entrance or main entrance of the dwelling served;

(4) Walks. Used by the public at all locations except at the entrance to the dwelling served; and

(5) Recreation areas. Areas used for active play.

(j) Townhouse Dimensions. A unit of a townhouse shall be not less than eighteen feet in width and any main or longitudinal wall of a sequence of townhouse units shall not exceed 100 feet in length without a ninety degree offset of at least ten feet, and the aggregate length of any wall, including its offsets, shall not exceed 160 feet in length.

(k) Illustrations of Yard Regulations. The following diagrams, called "Illustrations of Yard Regulations," indicate the regulations and planning criteria as set forth in this section and they are hereby made a part of this Zoning Code.

(Ord. 120-2024. Passed 10-7-24.)

1354.11 MINIMUM FLOOR AREA.

The minimum floor area in the U3 Multi-Family Districts is as follows.

(a) The minimum floor area for all uses permitted in the U2 district, as set forth in Section 1352.11 shall remain the same for the U3 District.

(b) The minimum floor area for apartment houses and elevator apartment houses shall conform to the following table:

Table 1354.11 Minimum Floor Area per Dwelling Unit Based on Number of Bedrooms
Number of Bedrooms	Square Feet
1	490
2	640
3	790

(Ord. 120-2024. Passed 10-7-24.)

1354.12 LANDSCAPED AREAS AND LOT COVERAGE.

(a) The percent of lot to be landscaped shall not be less than as set forth in the following schedule, and the ground floor area of apartment house buildings plus the total ground floor area of all accessory buildings shall not occupy or cover more of the lot than as set forth in the following schedule:

Table 1354.11 Maximum Building Coverage of Lot
	Minimum Landscaped Area of Lot (Percent)	Apartment Buildings (Percent)	All Buildings with Exposed Roofs (Percent)
Apartment House	50	15	20
Elevator Apartment House	40	15	30

(b) Landscaped areas shall be construed to be those parts of the lot developed with walks, terraces, play areas and lawns, shrubs or other plantings.

(c) The building coverage of the lot shall be construed as the total area of the main building or buildings, plus all accessory buildings. The percentage shall be the total area of buildings in ratio to the gross area of the lot expressed as a percentage. The area of all buildings shall be measured at the ground level, except accessory buildings whose roofs do not extend more than four feet above grade.

(d) Driveways, open parking areas and beach and bluff areas of lakefront lots are to be excluded from the above percentage of lot areas.

(Ord. 120-2024. Passed 10-7-24.)

1357.01 COMPLIANCE REQUIRED.

In the U3EL Senior Citizens Use (U3EL Senior) District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, for a senior citizens use, unless it complies with the provisions of this chapter.

(Ord. 159-1972. Passed 7-10-72; Ord. 120-2024. Passed 10-7-24.)

1357.02 SENIOR CITIZEN DEFINED.

"Senior citizen" means an individual 62 years of age or older.

(Ord. 120-2024. Passed 10-7-24.)

1357.03 COMPLIANCE WITH FEDERAL REGULATIONS.

Every applicant must present evidence that its request for a senior citizens use is in compliance with the rules and regulations of the United States Government concerning age, income and minimum standards for such senior citizens use.

(Ord. 159-1972. Passed 7-10-72.)

1357.04 PERMITTED PRINCIPAL AND CONDITIONAL USES.

(a) Principal permitted and conditional uses in the U3EL Senior District shall conform to those set forth in the U3 Multi-Family District Section 1354.04.

(b) Additionally, Senior Citizens Apartment Buildings and Senior Citizen Assisted Living Facilities are permitted in the U3EL Senior District.

(c) In order to provide for the utilization of this use classification for senior citizens, all of the existing use regulations shall govern, except those specifically modified as hereinafter set forth, subject to compliance with the enumerated conditions herein.

(Ord. 120-2024. Passed 10-7-24.)

1357.05 ACCESSORY USES.

Accessory uses in the U3EL Senior District shall conform to those set forth in the U3 Multi-Family District Section 1354.05.

(Ord. 120-2024. Passed 10-7-24.)

1357.06 HEIGHT, LOT AREA AND WIDTH, AND SETBACK REQUIREMENTS.

Height, lot area and width, and setback requirements in the U3EL Senior Citizens District shall conform to standards for elevator apartment houses as set forth in the U3 Multi-Family District Sections 1354.06 through 1354.10.

(Ord. 120-2024. Passed 10-7-24.)

1357.07 LANDSCAPED AREAS AND LOT COVERAGE.

Landscaped area and lot coverage in the U3EL Senior Citizens District shall conform to standards set forth in the U3 Multi-Family District Section 1354.12.

(Ord. 120-2024. Passed 10-7-24.)

1357.08 APARTMENT SIZE.

Upon determination by the Planning and Zoning Commission that the proposed application complies with the requirements of Section 1358.03, the following specifications shall be in effect:

(a) Minimum Apartment Size:

Number of Bedrooms Square Feet

1 490

2 640

3 790

(b) (EDITOR’S NOTE: Division (b), regarding parking spaces, was repealed by Ordinance No. 62-2014, passed June 2, 2014.)

(Ord. 159-1972. Passed 7-10-72; Ord. 62-2014. Passed 6-2-14; Ord. 120-2024. Passed 10-7-24.)

1357.09 SPECIAL REQUIREMENTS.

Every senior citizens’ building shall comply with the following requirements and a statement under oath to the effect that these requirements will be met shall be made a part of the certificate of occupancy.

(a) An applicant desiring to live in a senior citizens’ building must have a personal interview with the owner of the building or its agents.

(b) At least one registered nurse or licensed practical nurse will be available 24 hours per day.

(d) At least one elevator shall be equipped with emergency electric power and be large enough to handle a stretcher.

(e) Interior assembly and recreational areas must total at least 20 feet per dwelling unit.

(f) The coffee shop or cafeteria shall be restricted to the use of the residents of the building and their guests.

(Ord. 159-1972. Passed 7-10-72; Ord. 120-2024. Passed 10-7-24.)

1357.10 CONFORMANCE; CONFLICT OF LAWS.

The apartment building shall conform in all respects to Chapter 1354, except as herein provided. In the event of conflict, this chapter shall govern. (Ord. 159-1972. Passed 7-10-72; Ord. 15- 2024. Passed 2-20-24; Ord. 120-2024. Passed 10-7-24.)

1358.01 INTENT.

The City includes several areas of residential land which, to date, have not, for various reasons, been developed. The use of these remaining land parcels for attached single-family development would enhance the overall residential character of the City. The establishment of the ASF Attached Single-Family District allows for the development of unified and preplanned residential areas within the City and provides land developers with the opportunity to utilize contemporary architectural design, site arrangement, landscaping and land development techniques.

The provisions contained herein are intended to enhance the growth of the City while providing for the preservation of existing environmental conditions. The Attached Single-Family District is designed to permit and control development of attached one-family homes in clusters as a condominium development. The intent is to permit additional flexibility in design and standards so as to promote quality and imaginative designs.

Due to the special characteristics and elements of Attached Single-Family Districts, special provisions are required. Whenever there is a conflict or difference between the provisions of this chapter and those of other chapters of this Zoning Code, the provisions of this chapter shall prevail. Any subjects not covered in this chapter shall be governed by the respective provisions found elsewhere in this Zoning Code. Property may be improved to these standards when zoned U2-A only.

(Ord. 9-1983. Passed 1-4-83.)

1358.02 DEFINITIONS.

Certain words in this chapter are defined for purposes of this chapter where the context so indicates as well as where the meaning so requires. Words not herein specifically defined that are not found in Chapter 1321 are to be construed in their customary sense.

(a) “Attached single-family dwelling” means individually owned single-family dwelling units, i.e. condominiums, not exceeding eight, which are attached to one another by common walls and which have individual heating and plumbing. Each dwelling shall have a permanent parcel number filed with the County Recorder as a condominium development.

(b) “Open space” means an area substantially open to the sky which shall be on the same lot with a building. The area may include, along with natural environmental features, water areas, swimming pools, tennis courts, golf courses and other recreational uses and distances between buildings on the same lot deemed permissible by the City Planning and Zoning Commission and Council. Streets, parking areas, structures for habitation, etc., shall not be considered open space.

(c) “Development area” means the parcel or parcels upon which the entire attached single-family complex will be developed as a condominium development.

(d) “Condominium” means real property, portions of which are designated for separate unit ownership by the unit owners and the remainder of which is designated for common ownership by the unit owners.

(e) “Condominium development” means a condominium property in which two or more individual dwelling units, together with undivided interests in the common areas and facilities of the property, are offered for sale pursuant to a common promotional plan.

(f) “Condominium unit” or “unit” means a portion of the condominium development designated for separate ownership.

(Ord. 9-1983. Passed 1-4-83.)

1358.03 PERMITTED BUILDINGS, STRUCTURES AND USES.

In an ASF District buildings and land shall be used by right only for the main uses set forth below:

(a) Detached single-family dwellings as permitted in U1 Districts and as regulated in Chapter 1352; and

(b) Attached single-family condominium dwellings.

(Ord. 9-1983. Passed 1-4-83; Ord. 120-2024. Passed 10-7-24.)

1358.04 ACCESSORY BUILDINGS, STRUCTURES AND USES.

In an ASF District buildings and land shall be used by right only for the accessory uses set forth below:

(a) Private garages and parking areas, roads and walkways;

(b) Private swimming pools and other private recreational uses, including community center buildings;

(d) Utility maintenance, sanitation and storage facilities wholly enclosed within otherwise permitted buildings;

(e) Radio and television rooftop antennas;

(f) Signs, as regulated in Chapter 1735 of the Building and Housing Code; and

(g) Home occupations, as regulated in Section 1377.01(e).

(Ord. 9-1983. Passed 1-3-83.)

1358.05 AREA REGULATIONS AND YARD REQUIREMENTS.

In an ASF District land and structures shall be developed and maintained in accordance with the following area regulations:

(a) Development area: Two acres minimum.

(b) Density: Ten dwelling units per acre maximum. (See subsection (c) hereof for requirements for density increase up to twelve dwelling units per acre maximum.)

(c) Requirements for density increase: The Planning and Zoning Commission may permit on development areas greater than ten acres an increase in the density of dwelling units permitted for each of the following amenities provided. The total density increase permitted in any development shall be no more than twenty percent, with a maximum density of twelve dwelling units per acre.

(1) Construction materials. Increase in density of five percent if all exterior walls of main and accessory buildings are faced with masonry material such as brick or stone as approved by the Architectural Review Board;

(2) Underground or attached garages. Increase in density of 5% if required enclosed parking is provided underground or below each unit and does not add to the total building coverage;

(3) Additional enclosed parking and storage. Increase in density of 5% if one additional enclosed garage space and 40 square feet of additional private storage space are provided for each unit;

(4) Not adjacent to U1 District. Increase in density of 5% if no portion of the development abuts land zoned U1 within the City.

(d) Lot width at:

(1) Building line: One hundred feet minimum.

(2) Street line: Sixty feet minimum.

(e) Building coverage: Twenty-five percent maximum, including all main and accessory buildings and structures.

(f) See also Supplemental Area Regulations contained in Chapter 1381.

(Ord. 9-1983. Passed 1-4-83; Ord. 120-2024. Passed 10-7-24.)

1358.06 HEIGHT REGULATIONS.

In an ASF District structures shall be developed and maintained in accordance with the following height regulations:

(a) Buildings. Two and one-half stories and not exceeding 35 feet;

(b) Accessory Structures. Six feet maximum for fences, walls and other accessory structures which are not buildings, except ten feet maximum for fences enclosing tennis courts;

(c) Exceptions to Height Limit. Chimneys and antennas located on a main building may exceed the height limit established for buildings but are limited to a maximum height of ten feet above the roof line. Approved street lighting is exempt from the height limitations of division (b) hereof. See also Section 1379.02 .

(Ord. 9-1983. Passed 1-4-83; Ord. 120-2024. Passed 10-7-24.)

1358.07 DEVELOPMENT STANDARDS.

(a) Parking Requirements. At least one parking space per dwelling unit shall be enclosed.

(b) Private Open Space. Two hundred square feet of adjacent private open space per unit shall be provided.

(c) Common Open Space. At least 750 square feet of land per dwelling unit shall be reserved as common open space in each ASF District. Land designated as common open space under the provisions of this section shall conform with the characteristics described below:

(1) 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 use and shall not include roads, parking areas or private open space as required in subsection (b) hereof.

(2) Required yard setback and buffer areas shall be excluded in the computation of common open space.

(3) 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 within easy access and view of dwelling units. Common open space shall not be separated from the development by existing roads.

(d) Storage Space. There shall be a minimum of forty square feet of enclosed, adjacent storage space per unit.

(e) Fire Prevention. All dwelling units shall have at least one smoke detector and firewalls as per the Ohio Basic Building Code.

(f) Pedestrian Circulation. Each attached single-family residential unit shall be served by a comprehensive walkway system adequately separated from vehicular circulation connecting residential buildings to parking and recreation areas.

(g) Building Design and Placement.

(1) Building design. In order to enhance privacy and encourage attractive building arrangements, the alignment of buildings should be varied and the facades of not more than every two dwelling units shall be offset by at least sixteen inches. Attractive variations in such things as facade, width, color, exterior materials and roof lines shall be deemed desirable. Furthermore, parallel arrangements of buildings shall be avoided.

(2) Building placement. All buildings and structures within the development area shall have a minimum distance of twenty feet between any other building or structure within the development area.

(3) Dwelling unit area.

A. Width: Twenty feet minimum.

B. Dwelling units per structure: Eight units maximum.

C. Dwelling unit area: 800 square feet for a one-bedroom unit, minimum, plus an additional 200 square feet for each additional bedroom, minimum.

(4) Yard requirements.

A. Perimeter yards of not less than fifty feet shall be maintained along any public street line bordering the development area and yards of not less than thirty feet along any other property line.

B. No building shall be closer than twenty-five feet to an internal street and no building shall be less than fifteen feet from a parking bay or area other than the driveway area directly serving a dwelling.

(5) Site design. Attached single-family 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 natural features. Natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of residences, open spaces and accessory uses.

(6) Modifications to area, yard and buffer requirements. With respect particularly to properties of irregular shape, unusual topography or limited size, the Planning and Zoning Commission may modify requirements regarding areas, yards, buffers and distances between uses if compliance with these requirements is either clearly infeasible or contrary to compliance with the design regulations and standards of this section. However, the maximum permitted density shall not be increased by reason of this provision. Modifications made by the Planning and Zoning Commission must receive the approval of Council.

(Ord. 18-1984. Passed 2-6-84.)

(h) Laundry Area. Every dwelling unit shall have a minimum of sixty square feet enclosed within the dwelling unit for laundry purposes and shall be provided with the necessary and customary utility connections such as water, drainage, air vent, gas and electric connections.

(i) Garbage and Rubbish Disposal. Every dwelling unit shall have a minimum area of twenty square feet immediately adjacent to the dwelling unit for trash storage unless each unit is provided with a trash compactor. Such area shall be screened from view by a fence or wall at least four feet in height. (See also Section 1393.09.)

(j) Landscaping. Any portion of the development area not used for permitted main and accessory uses shall be landscaped with vegetative ground cover, shrubs and trees in accordance with an overall landscaping plan acceptable to the Architectural Review Board. Such landscaping shall be maintained in good condition. In the development of property, existing trees and significant vegetation shall be retained wherever feasible and desirable.

(Ord. 9-1983. Passed 1-4-83; Ord. 62-2014. Passed 6-2-14.)

1358.08 PUBLIC STREET AND COMMUNITY FACILITIES.

(a) All developments shall front on and have access to a major or secondary dedicated street.

(b) All development applicants shall provide to the Planning and Zoning Commission, Council and the City Engineer information concerning their plans for providing sewer and water facilities to the tract. Such sewer and water facilities shall have sufficient capacity to serve the site without endangering the system's capacity to meet commitments elsewhere.

(d) All public street improvements (paving, curbs, sidewalks, sanitary sewers, etc.) shall comply with City standards. All private street improvements shall be approved by the Service Director or his or her designee.

(Ord. 9-1983. Passed 1-4-83.)

1358.09 DEVELOPMENT PLANS; SITE PLAN REVIEW.

(a) General Procedure. In general the procedure for approval requires site plan review and approval of preliminary and final development plans.

(b) Preapplication Meeting. The developer should meet with the Building Commissioner and the Planning and Zoning Commission prior to submission of the preliminary plan to discuss informally the purpose and intent of the ASF District and other pertinent zoning regulations and the criteria and standards contained herein. At this time the developer should also be familiarized with the zoning and building regulations and the drainage, sewer and water systems of the City.

(c) Approval of Preliminary Development Plan or Rezoning to ASF. An application for preliminary approval shall be filed with the Planning and Zoning Commission by at least one owner or lessee of the property for which the ASF is proposed.

Where the property at the time of application for designation of an ASF District is otherwise zoned, the applicant shall submit a request for rezoning to ASF in conformity with the procedure described in this chapter and a request for approval of a preliminary development plan.

In the event that the land is rezoned to ASF and that any attempt is made to deviate from the preliminary development plan, or if a deviation from the development plan occurs without the express approval of Council and the Planning and Zoning Commission, then Council may, at its option, rezone the property to any other zoning category which Council shall find and determine is consistent with the overall planning and zoning of the City.

(d) Contents of Preliminary Development Plan Application. The application shall contain the following information:

(1) The name and address of the applicant;

(2) The name and address of the registered surveyor, engineer and/or planner assisting in preparation of the plans;

(3) A legal description of the property;

(4) A description of existing use;

(5) A preliminary development plan showing:

A. Topography at two-foot contour intervals;

B. The location and type of residential dwelling units and the number of units;

C. The location of proposed streets, parking areas, rights of way, utility easements, common open space, recreation areas and other accessory uses;

D. The location and dimensions of buildings and setback lines;

E. The proposed schedule for site development;

F. The acreage of the project, and designation of the north arrow;

G. Descriptive data as to the methods to be used to preserve and maintain open space; and

H. A plan showing provisions on control of erosion and sedimentation during and after construction.

(e) Final Development Plan. Prior to applying for a building permit for the ASF or any part thereof and after approval of the preliminary plan, the developer shall submit the final development plan to the Planning and Zoning Commission. The final development plan shall be in conformance with the approved preliminary plan unless amendments to the plan are approved by the Planning and Zoning Commission and Council. Six copies of the final development plan shall be submitted and must be endorsed by a registered surveyor or engineer.

(f) Application for Approval of Final Development Plan. An application for approval of the final development plan shall be filed with the Planning and Zoning Commission by at least one owner or lessee of the property for which the ASF is proposed. At a minimum, the application shall contain the following:

(1) A survey of the proposed site showing dimensions, property lines and existing features of the site;

(2) All information required on the preliminary plan, proposed density of dwelling units and location of nonresidential buildings;

(3) A schedule for development of units to be constructed in phase;

(4) A tabulation of the number of acres in the proposed development for various uses, estimated residential population and standards for open space, parking areas and other improvements proposed;

(5) Engineering feasibility studies and plans as necessary for adequate water, storm and sanitary sewers, drainage, electricity, telephone and natural gas installations, and the nature and extent of earthwork required for site preparation and development;

(6) A site plan showing the relationship of buildings, various use areas and circulation;

(7) Typical building plans for each type of structure proposed, including floor plans and exterior elevations;

(8) Landscaping plans;

(9) Deed restrictions, protective covenants and other legal instruments to be used to control the use, development and maintenance of the land and improvements, including those areas to be owned in common and so maintained such as land, walls and driveways.

(g) Expiration and Extension of Approval Period. If no construction has begun within two years after final approval has been granted, the approved final development plan shall be void. An extension of the time limit or modification of the approved final development plan may be approved by the Planning and Zoning Commission if it finds that such extension or modification is not in conflict with the public interest.

(h) Supplementary Conditions.

(1) No zoning amendment passed during the time period granted for the approved final development plan shall affect the terms under which approval of the ASF was granted.

(2) In the event that one or more dwelling units are destroyed by fire or other cause, no other structure may be built in its place except the same type of dwelling unit, which must be built to the original intent of this District.

(Ord. 9-1983. Passed 1-4-83.)

1359.01 INTENT.

Business and Industrial Districts and their regulations are established in order to achieve, among other things, the following purposes.

(a) To provide for orderly development and redevelopment of business and industrial uses in the City of Euclid.

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

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

(d) To protect residential neighborhoods adjacent to business and industrial uses by regulating the types of establishments, particularly at the common boundaries, that would create congestion, noise or other objectionable influences and establishing performance standards.

(e) To protect and stabilize both residential and nonresidential developments from congestion by requiring off-street parking facilities.

(f) To carry out the following specific purposes:

(1) Neighborhood Retail and Service Districts (U-4). To provide sites for retail and service uses that typically serve a limited neighborhood area, or other retail uses that serve a more general market area but which can successfully operate in proximity to residential neighborhoods. Permitted uses are those that satisfy the types of basic shopping and service needs that occur frequently and that benefit from being located close to residential areas.

A. The character of these districts is intended to be compatible with that of surrounding residential neighborhoods, and hours of operation are limited.

B. Buildings in these districts are typically smaller in scale than those found in the general commercial districts.

C. Accommodation of pedestrians and multi-destination vehicle trips are encouraged.

(2) General Commercial Districts (U-5). To provide sites for a wide range of goods and services to a large consumer population coming from an extensive area. Permitted uses are those that service and sales in support of the primary business activities in the community. Their location is advantageous at specified points along major thoroughfares that can take advantage of the regional highway network. Outdoor storage is limited and properly screened from view from off the site.

(3) General Industrial Districts (U-6). To provide sites primarily for industrial uses that conduct most of their operations within completely enclosed buildings, yet also to allow as a conditional use limited accommodations for predominantly outdoor use and uses that generate heavy truck traffic.

(Ord. 201-2008. Passed 10-6-08.)

1359.02 USE REGULATIONS.

In Class U4, U5 and U6 Districts, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a U4, U5 and U6 use as set forth in this chapter.

(a) Principal Uses Permitted by Right. A use listed in Schedule 1359.03 shall be permitted by right as a principal use in a district when denoted by the letter “P” provided that all requirements of other city ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1359.03 shall be permitted as a conditional use in a district when denoted by the letter “C” provided the Planning and Zoning Commission first makes the determination that the requirements of this chapter have been met according to the procedures set forth in Chapter 1368.

(c) Accessory Uses and Structures. A use or structure listed in Schedule 1359.03 shall be permitted as an accessory use or structure in a district when denoted by the letter “A”. Such use or structure shall be permitted as a subordinate building, structure or use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses and structures are further regulated in subsequent sections of this Code. Additional uses that are determined to be customarily incidental to a permitted principal or conditional use may be permitted by the Zoning Commissioner.

(d) Compliance Required. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.

(e) Uses Not Listed in Schedule. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1343 or upon a finding that a use is substantially similar as provided in Section 1323.03.

(Ord. 201-2008. Passed 10-6-08.)

1359.03 PERMITTED USES

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(a) Offices
(1) Administrative and professional offices including but not limited to accounting, clerical, drafting executive, financial, governmental, public utility offices, and other similar types of office uses	P	P	P
(2) Financial institutions, banks, real estate offices and other offices that accommodate frequent walk-in customers, but not including non-charter financial establishments	P	P
(3) Medical, dental, and other health service offices	P	P
(4) Research and development laboratories or testing offices		P	P
(b) Retail/Services
(1) Retail establishments in completely enclosed building except as otherwise regulated below	P	P
(2) Personal service establishment including barber, beauty shops except as otherwise regulated below	P	P
(3) Animal clinic with all operations in a completely enclosed building	P	P
(4) Animal clinic with outside run or kennel, see also Section 1359.06(a)	C	C
(5) Business equipment and supplies, including self-service printing services	P	P
(6) Business school	P	P	P
(7) Check-cashing nonchartered financial establishment, see also Section 1359.06(s)	C	C
(8) Crematorium, see also Section 1359.06(b)	C	C	P
(9) Medical marijuana dispensaries, see also Chapter 728.	C	C	C

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(10) Drive-through facility in association with a permitted use, see also Section 1359.06(d)	C	C
(11) Dry cleaning counter service	P	P
(12) Funeral home, mortuary, see also Section 1359.06(e)	C	P
(13) Furniture, home furnishing, office equipment and office supplies store	P	P
(14) Motels, hotels, see also Section 1359.06(i)	C	P
(15) Outdoor dining in association with a permitted use, see also Section 1359.06(j)	C	C
(16) Outdoor display of items for sale, except motor vehicles, in association with a permitted use, see also Section 1359.06(k)	C	P
(17) Pawn shop, see also Section 1359.06(s)	C	C
(18) Repair shops for personal items such as shoes, watch, camera	P	P
(19) Restaurant in completely enclosed building (including ice cream parlor, coffee shop)	P	P
(20) Retail plant nursery and garden supply business, see also Section 1359.06(n)	C	P
(21) Self-serve laundry facility	P	P
(22) Studios for instruction	P	P
(23) Tattoo parlor, branding parlor, body piercing, see also Section 1359.06(s)	C	C
(24) Trade school		C	P
(25) Establishments engaged in sale of deadly weapons, in compliance with Chapter 785		C
(26) Sweepstakes Terminal Café	P	P
(27) Adult uses	As regulated in Chapter 1395
(c) Motor Vehicle/ Transportation
(1) Ambulance service		P	P
(2) Automobile service facility, see also Section 1359.06(f)	C	P	P
(3) Car wash facility, see also Section 1359.06(f)		P
(4) Gasoline station, see also Section 1359.06(f)	C	P

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(5) Heavy duty truck and/or boat sales, service and repair, see also Section 1359.06(g)		C	C
(6) Major repair facility for motor vehicles (includes painting, body shops, engine repair shops, transmission shops), see also Section 1359.06(g)		C	P
(7) Parking lot as principal use	C
(8) Parking structure as principal or accessory use	C
(9) Rental of automobiles and small trucks	C	P	P
(10) Sales or lease of new automobiles and small trucks, see also Section 1359.06(p)	C	P	P
(11) Sales or lease of used automobiles and small trucks, see also Section 1359.06(q)	C	P	P
(12) Towing/wrecker service			P
(13) Transit garage, see also Section 1359.06(t)			P
(d) Entertainment, Recreation, Community Facility
(1) Assembly halls, event centers, lodges, and membership clubs, including churches/religious assembly, provided the use is located on a lot size of one acre or more and in a freestanding building	C	C	C
(2) Cultural institution including museum, gallery	P	P
(3) Dance hall/entertainment or catering establishment in association with a permitted use	C	C	C
(4) Day care facility, adult or child, see also Section 1359.06(c) *The conditional use approval by Planning and Zoning Commission shall be subject to affirmation by City Council	C*	C*	C*
(5) Health club	P	P
(6) Indoor recreation facility, including but not limited to roller skating, ice skating rinks, bowling alleys		P	P
(7) Local public safety facility, including police station and fire station	P	P	P
(8) Local public service facility that provides for the upkeep and maintenance of the community such as but not limited to a service garage, maintenance building, and salt dome		C	P

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(9) Outdoor recreation involving motor vehicles, race track, see also Section 1359.06(o)			C
(10) Outdoor recreation, archery range, golf course, golf driving range or miniature golf course and similar outdoor commercial recreation, see also Section 1359.06(o)	C	C	C
(11) Public library	P	P
(12) Public parks and/or playgrounds	P	P
(13) Theater, indoor	P	P
(e) General Commercial
(1) Equipment sales, rental and/or service		C	P
(2) Linen and uniform supply, commercial laundry		C	P
(3) Painting or varnishing shop, woodworking shop, vulcanizing shop		C	P
(4) Printing, publishing, engraving and allied industries, but not including self-service print shops, which are regulated as a retail establishment		P	P
(5) Repair services for household and business equipment, but not including motor vehicles	C	P
(6) Trade/contractor's facility including carpenter, cabinetry, upholstering, sheet metal, plumbing, heating, roofing, air conditioning, sign painting and other similar facilities		P	P
(7) Upholstery and furniture repair	C	P	P
(8) Vending machine supply and repair		P	P
(9) Welding shop			P
(10) Cultivation, processing and testing of medical marijuana		P	P
(f) Storage and Distribution.
(1) Distribution of welding supplies and gases			P
(2) Distributors, warehouse and wholesale outlet (including break-bulk operations such as bottling and/or packaging, bakery) in completely enclosed building, except as otherwise listed		P	P

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(3) Mini/ self-storage facilities, see also Section 1359.06(s)			C
(4) Outdoor storage of materials in association with a principal use, see also Section 1359.06(l)		C	P
(5) Outdoor storage of fleet vehicles used in the operation of the principal use, see also Section 1359.06(m)	C	P	P
(6) Truck or transfer terminal; motor freight garage/depot, see also Section 1359.05(t)			P
(g) Manufacturing and Industry.
(1) Assembly of building components, including manufactured home assembly			P
(2) Chemical manufacturing except when specifically listed in Chapter 1373 as a prohibited use or when operations would create a hazard or common-law nuisance beyond the confines of the lot, see also Section 1359.06(h)			C
(3) Food and beverage manufacturing and processing, including brewing and distilling of alcoholic beverages			P
(4) Heavy machinery and equipment manufacturing, assembly and repair			P
(5) Heavy manufacturing, not otherwise identified in this list except when specifically listed in Chapter 1373 as a prohibited use or when operations would create a hazard or common-law nuisance beyond the confines of the lot) see also Section 1359.06(h)			C
(6) Light manufacturing, not otherwise identified in this list, including compounding, processing, assembling, and packaging (except when specifically listed in Chapter 1373 as a prohibited use or when operations would create a hazard or common-law nuisance beyond the confines of the building)			P

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(7) Lumber yard with outdoor storage			P
(8) Manufacturing of products from raw materials, see also Section 1359.06(h)			C
(9) Metal product manufacturing, fabrication, processing or finishing conducted entirely in a completely enclosed building, including metal grinding, machining, enameling and coating, but not including the recycling, processing or storage of previously used or salvaged metal products, see also Section 1359.06(h)			P
(10) Metals recycling within completely enclosed building, see also Section 1359.06(k)(2)			P
(11) Motor vehicle manufacturing			P
(12) Ship or boat construction			P
(13) Stonework, concrete or cement product manufacturing, see also Section 1359.06(h)			C
(14) Tool and die manufacturing			P
(15) Wood product manufacturing, processing or finishing conducted entirely in a completely enclosed building, but not including the recycling, processing or storage of previously used or salvaged wood products			P
(h) Utilities.
(1) Utility substation		C	P
(2) Water treatment plant			P
(i) Accessory Uses and Structures that are provided for the use of employees and/or incidental to the operation of the principal use.
(1) Internet sweepstakes area	A	A
(2) Fencing and screening	A	A	A
(3) Off-street parking and loading areas	A	A	A
(4) Signs	A	A	A
(5) Retail and service facilities located internally on-site including but not limited to: cafeterias; recreational facilities, clinics, employee credit unions			A

1359.03 PERMITTED USES
LAND USE CATEGORY	Class U4 Retail and Services	Class U5 General Commercial District	1361 Class U6 General Industrial District
(6) Central heating and power plants for furnishing heat and energy to structures on the site			A
(7) Data processing facilities			A
(8) Garages for storage and maintenance of company motor vehicles and for storage of gasoline and lubricating oils needed for operation of these vehicles and for the maintenance of the company's plant and machinery located therein			A
(9) Vehicle sales accessory to vehicle service and repair facilities in compliance with restrictions on outdoor storage of Section 1359.06(g)(1)		A	A
(10) Donation bins of Section 1359.06(u)	A	A

(Ord. 201-2008. Passed 10-6-08; Ord. 167-2012. Passed 11-5-12; Ord. 172-2011. Passed 11-21-11; Ord. 42-2017. Passed 4-17-17; Ord. 91-2017. Passed 8-21-17; Ord. 118-2017. Passed 10-16-17; Ord. 90-2018. Passed 6-18-18; Ord. 124-2021. Passed 10-18-21; Ord. 9-2024. Passed 2-5-24; Ord. 22- 2024. Passed 3-4-24.)

1359.04 DEFINITIONS OF SPECIFIC USES.

Uses listed in Section 1359.03 shall be limited by the definitions included in this section:

(a) "Adult family home." A facility that is licensed by the Ohio Department of Health to provide accommodations for not more than five adults and to provide personal care services to these resident adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets. Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency.

(b) “Automobile service facility (see also gasoline station).” A building, part of a building, structure or space that is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service of vehicles and the making of minor repairs to motor vehicles, which are normally completed within one business day. Repairs described under “Motor Vehicle Repair” shall not be permitted.

(c) “Body-piercing shop.” A building or portion thereof where piercing of human body parts is administered or from which a body-piercing business or service is operated. This shall not include establishments that limit their piercing to ears only.

(d) “Check cashing non-chartered financial establishment.” A financial establishment other than a State or Federally chartered bank, credit union, mortgage lender or savings and loan association that offers check cashing services and loans for payment of a percentage fee. Specifically included are businesses that charge a percentage fee for cashing a check or negotiable instrument, “payday loan” businesses that make loans upon assignments of wages received, or businesses that function as deferred presentment services.

(e) “Drive-through facility.” Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term “drive-through” shall also include “drive-up” and “drive-in” but shall not include Car Wash, Gasoline Station, and Automobile Service Facility.

(f) “Equipment sales/rental/service.” Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar equipment, and the rental of recreational and commercial motor vehicles. This term includes incidental storage, maintenance, and servicing of such equipment.

(g) "Event Center." A facility located on private property that primarily functions to provide a venue for any type of social gathering and consists of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose rooms and kitchen and/or outdoor facilities that are available for use for public or private activities not repeated weekly, and which are not open to the public on a daily basis at times other than when an event is scheduled.

(h) “Gasoline station (see also automobile service facility).” An establishment where motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include accessory facilities available for the sale of other retail products.

(i) “Major repair facility for motor vehicles.” An establishment providing the repair rebuilding or reconstruction of motor vehicles or parts thereof, including the rebuilding of motor vehicles bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within a completely enclosed building.

(j) “Marijuana.” Marihuana as defined in Ohio R.C. 3719.01.

(k) “Medical marijuana.” Marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose as defined in Ohio R.C. 3796.01(A)(2).

(l) “Outdoor display/sales.” Merchandise placed in an outdoor area that is open to the general public, when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.

(m) “Outdoor storage.” The storage of goods, materials, merchandise or vehicles in an area outside of a building or structure except for merchandise placed in an area for outdoor display.

(n) “Outdoor storage of fleet vehicles.” The outdoor storage of cars, trucks, vans, and other vehicles, including motorized equipment on the same lot as a retail, commercial, industrial or other principal use and which are used as part of the operation of such principal use, but not including privately owned customer or employee vehicles.

(o) “Pawn shop.” A building or portion thereof where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money, together with all legal charges incident thereto.

(p) “Personal service establishment.” An establishment providing services that are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, tanning salon, and massage establishment. This term does not include a portrait studio, dry cleaning establishment, laundromat, photocopy center, health club or repair shop for household items.

(q) "Residential facility family home." A facility licensed by the Ohio Department of Mental Health to provide accommodations to not more than eight mentally retarded or developmentally disabled persons and to provide personal care, supervision, habilitation services and mental health services in a family setting.

(r) “Retail establishment.” An establishment engaged in the selling or renting of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any adult entertainment uses. This term includes, but is not limited to, artist’s studios, portrait studios, and bakeries.

(s) “Mini/Self-storage facilities” means a building or group of buildings consisting of self-contained units of varying sizes available for lease or rent for the storage of private property, household items, and/or other goods and materials.

(t) “Sweepstakes terminal café.” Parking shall be provided in compliance with Section 1389.04 for the sweepstakes terminal café, in addition to the required parking for all main uses of the premises. Applicants for multi-tenant properties shall supply a parking site plan demonstrating compliance with the requirements of Chapter 1389 of the Euclid Codified Ordinances as well as a parking site plan for the sweepstakes terminal café use, except that sweepstakes terminal café accessory use premises of less than 10% of the floor area of the main use of the premises shall not require parking spaces in excess of the parking required for the main use of the premises. The exterior property of sweepstakes terminal café main use premises shall, as much as practical, be brought into compliance with applicable requirements for fencing, landscaping, and parking layout as required for a change of use.

(u) “Tattoo parlor” or “branding parlor.” A building or portion thereof where the tattooing or branding of human body parts is administered or from which a tattooing or branding business or service is operated.

(Ord. 201-2008. Passed 10-6-08; Ord. 172-2011. Passed 11-21-11; Ord. 62-2014. Passed 6-2-14; Ord. 42-2017. Passed 4-17-17; Ord. 124-2021. Passed 10-18-21; Ord. 9-2024. Passed 2-5-24; Ord. 22-2024. Passed 3-4-24.)

1359.05 SUPPLEMENTAL REGULATIONS FOR ALL USES.

(a) Nuisances Not Permitted.

(1) Any use that is injurious to adjacent premises or occupants thereof by reason of the emission of dust, fumes, odors, gas, smoke, noise or vibrations, or which is dangerous to life or property shall be considered a nuisance and shall not be permitted.

(2) No junk, inoperative or unlicensed vehicles, except for the inventory of unlicensed new or used cars for sale, shall be permitted to remain outside on any property in a U-4, U-5 or U-6 District for more than 48 hours.

(b) Compliance with Other Regulations. All uses shall comply with applicable Federal, State and local regulations including any licensing requirements. Failure at any time to comply with such rules, regulations and licensing requirements shall be deemed to be a violation of this Planning and Zoning Code.

(c) Minimum Lot Width. For corner lots, whenever the regulations of this chapter specify a minimum lot width, such width shall be measured along the primary street frontage, as determined by the Zoning Commissioner.

(d) Obstructions in Sidewalks. Public sidewalks shall be kept clear of obstacles and the safe passage of pedestrians shall be maintained at all times.

(e) Restrictions on Business Hours, when Uses Abut Residential District.

(1) No use that abuts a residential district shall be open between 2:30 a.m. and 6:00 a.m. except as otherwise regulated in the Euclid Codified Ordinances or by the Planning and Zoning Commission as part of the approval of a conditional use.

(2) No car wash that abuts a residential district shall be permitted to operate between the hours of 11:00 p.m. and 8:00 a.m. Owners of such car washes shall implement reasonable and necessary measures to prevent access to and use of car wash facilities between the hours of 11:00 p.m. and 8:00 a.m.

(f) Landscaping and Buffering Requirements.

(1) Landscaping along the street frontage. Every lot in a U-4, U-5, or U-6 District shall provide a landscaped strip along the public street right-of-way, excluding driveway openings, in accordance with the following:

A. The landscaped strip shall be the area required for the front yard for the building and parking areas as set forth in Sections 1385.01 and 1385.02, but in no case shall the landscaped strip be less than 10 feet in depth, measured from the right-of-way.

B. The minimum landscaping shall consist of the following:

1. Three major shade trees shall be provided for every 100 linear feet of the landscaped strip or fraction thereof, not including drive entrances.

Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

2. Twenty shrubs shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances. Each shrub shall be container grown in not less than three gallon containers and shall not be less than 24 inches in height at time of planting and shall not be pruned to less than 24 inches in height.

C. All areas of a landscaped strip not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment, excluding paving or gravel.

D. Any landscaped strip adjacent to a parking area shall be protected from encroachment by vehicles by a curb or other barrier system.

E. Trees and shrubs may be aggregated appropriately, as approved by the Architectural Board of Review.

(2) Buffer requirements for uses abutting Residential Districts. In locations where a use in a U-4, U-5 or U-6 District abuts a residential district, such use shall provide a buffer zone along the entire length of the common boundary between the U-4, U-5 or U-6 use and the residential district:

A. The buffer area shall have a minimum width of ten feet, measured from the lot line that abuts the residential district.

B. The buffer area shall be landscaped with grass, shrubbery and trees, as approved by the Architectural Board of Review.

(3) General requirements for landscaping. Buffering and screening.

A. All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

B. Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.

C. All required landscaping shall be maintained in healthy condition and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.

D. Vehicle parking shall not be permitted in any landscaped area or area that is not paved.

(4) Flexibility in the arrangement and placement of landscaping and screening. The standards and criteria in this subsection (f) establish the City's levels of landscaping and buffering intensity expected. However, in applying these standards during the review of the landscaping plan the Architectural Review Board may:

A. Exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.

B. Grant a waiver allowing existing conditions, trees and/or vegetation retained on site to be used to meet the landscaping and screening requirements when it can be determined that the proposed measures equal or exceed the intent and provisions of Section 1359.05(f).

(5) Applicability of landscaping and buffering requirements. Whenever a building, structure or parking area is proposed to be constructed, altered, or expanded, or a use established or expanded, the applicant shall submit a landscaping plan for review.

A. New construction. The requirements of this section shall apply to any new construction on a vacant lot or redeveloped site.

B. Alterations, expansions or new construction on developed site.

1. Whenever an existing building, structure or parking area is expanded or altered or new construction is proposed on a site with an existing building, structure or use, and the cost of the expansion, alteration or new construction exceeds 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records, the entire site shall be made to comply with the landscaping and screening requirements of this section.

2. Whenever the cost of expansion, alteration or new construction on a lot with an existing building, structure or use does not exceed 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records the minimum landscaping and screening required by this section shall, at a minimum, be provided on the portion of the lot where the alteration, expansion, or new construction is located.

C. Conditional uses. The Planning and Zoning Commission may also require compliance with the landscaping standards in its review of conditional uses.

(g) Metallic Door and Window Guards, Grates, Bars Shutters and Rolling Shutters. The installation or use of any type of metallic window guards or door guards, folding gates, grating or bars shutters or rolling shutters placed across doors or windows in a retail or commercial or industrial use or accessory building shall be conditioned upon the issuance of a special permit by the Planning and Zoning Commission. In reviewing the request for a special permit the business operator must demonstrate the following:

(1) That the business has reviewed the proposed use of any of the items listed in this section with a Crime Prevention Specialist from the Euclid Police Department and determined from that review that other options to provide the desired security are not practical due to physical limitations or cost.

(2) That unprotected windows and doors would be at risk to damage through crime or vandalism, to a degree which would constitute a hardship to the operation of the business. Evidence of hardship shall include but is not limited to the following:

A. Incidents of criminal activity or vandalism on site or in proximity to the subject property.

B. Incidents of criminal activity or vandalism at similar local business establishments.

C. Evidence of particular risk factors for crime or vandalism related to the specific location or physical features of the property, hours of operation and hours of non-operation.

D. Evidence of risks which may be specific to the trade or business involving the application.

(3) Upon finding a need for a special permit, in order to promote high standards of design and operation, the Planning and Zoning Commission shall: refer the special permit application to the Architectural Board of Review which shall review elevation drawings, and installation specifications materials construction documents and color samples based on compatibility with the following factors:

A. The system and installation of window or door guards, folding gates, grating or steel bars placed across doors or windows shall minimize visibility from public streets and where practical shall be entirely installed on the interior of the window and door frames.

B. The security system design and installation shall, as much as is practical, minimize the visibility of track and storage systems as they would be seen from the exterior of the building.

C. Any system to be installed within a multi tenant structure shall consider the context and impact on other tenants of the larger premises.

D. The design shall, to such degree as is practical, minimize the visual impact of the system in both the open and closed positions.

E. The design shall be visually compatible with the surrounding area and the general expectations of the specific use district and adjacent districts applicable to the subject property and its neighborhood context.

F. The owner or tenant shall participate in the City of Euclid “Knox Box” emergency entry program administered through the Fire Department.

(Ord. 201-2008. Passed 10-6-08; Ord. 110-2013. Passed 10-21-13; Ord. 117-2024. Passed 11-4-24.)

1359.06 REGULATIONS FOR SPECIFIC USES.

The regulations for specific uses contained in this section are for certain land uses and are in addition to standards set forth elsewhere in the Planning and Zoning Code. Conditional uses, as denoted in Section 1359.03, shall also comply with the requirements of Chapter 1368.

(a) Animal Clinic with Outside Run or Kennel.

(1) Outdoor areas devoted to kennels and/or runs shall be located according to the following:

A. Be located in the rear yard;

B. Have a minimum side and rear setback of 30 feet;

C. Have a minimum setback of 100 feet from any residential zoning district boundary; and

D. Have a maximum area of 25% of the gross floor area of the principal building.

(2) All odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.

(3) All waste shall be disposed of with adequate frequency and in such a sanitary manner as to avoid odors, vermin or other nuisance conditions or the spread of disease.

(b) Crematorium. In a U-4 District, a crematorium shall only be permitted as a conditional use in association with a funeral home or mortuary.

(1) All outdoor activity areas shall be surrounded by a fence or wall having a height of at least four feet. An entry gate shall be securely fastened.

(2) A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children and adults.

(d) Drive-Through Facilities.

(1) Drive-through facilities shall have a minimum lot area of one-half acre and a minimum lot width of 150 feet.

(2) The primary permitted use shall be located on an arterial or collector street and the drive-through facility shall be so arranged on the site to be the least disruptive to pedestrian traffic.

(3) All access drives shall be located as far as practicable from existing street intersections in order to minimize congestion and constricted turning movements as approved by the City Engineer through the conditional use permit.

(4) The installation and placement of any proposed outdoor loudspeaker system shall be subject to review and approval as part of the conditional use application review process.

(5) Stacking spaces shall be provided for any use having a drive-through facility in compliance with the standards set forth in Section 1389.08.

(6) Alleys or driveways in residentially zoned areas adjacent to drive-through facilities shall not be used for circulation of customer traffic or for stacking spaces.

(7) The Planning and Zoning Commission may impose restrictions on the hours of operation of drive-through facilities through the conditional use review process. In evaluating this provision, they shall consider the proximity of residential zoning districts, schools, places of religious assembly, and parks/playgrounds.

(e) Funeral Home.

(1) All access drives shall be located as far as practicable from an existing street intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

(2) Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

(f) Gasoline Stations, Automobile Service Facility and Car Wash.

(1) Such facility shall have a minimum lot area of one-half acre and a minimum lot width of 150 feet.

(2) When located on a corner lot, the facility shall have not less than 150 feet frontage on both of the two intersecting streets.

(3) There shall be a minimum building floor area of 1,200 square feet.

(4) Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.

(5) Except while at a pump island, no vehicle shall be parked between the fuel pumps and the front property line.

(6) A car wash establishment may be combined with a gasoline station or an automobile service station, provided that the minimum lot size for the combined uses is a minimum of 40,000 square feet.

(7) The installation and placement of any proposed loudspeaker or vacuum system shall be subject to review and approval as part of the building permit or conditional use application.

(8) A car wash or similar auto service facility shall provide stacking spaces in compliance with the standards set forth in Section 1389.08.

(9) No inoperative motor vehicles, equipment, or parts shall be permitted to be stored outside on the property.

(10) An area for vehicular circulation that is not otherwise used for required parking shall be provided at each end of a gasoline pump island. Such area shall be sufficient to provide for unimpeded circulation of customer automobiles.

(11) Access drives shall comply with the following standards except as otherwise approved by the City Engineer:

A. The location of access drives shall be placed as far as possible from the intersection;

B. A parcel shall be limited to no more than one access drive per street frontage; and

C. The maximum drive width shall not exceed 30 feet at the sidewalk line.

(12) Gasoline station. The only services permitted to be performed at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid and other common vehicular liquids and lubricants.

(13) Automobile service facility. Automobile service facilities shall not provide services to vehicles that exceed one and one-half tons in capacity. All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building or garage.

(g) Major Repair Facility and Heavy Duty Truck and/or Boat Sales, Service and Repair.

(1) Outdoor storage of any combination of customer vehicles awaiting pick up and/or repair, or vehicles offered for sale, shall be limited to no more than six vehicles stored outdoors overnight, unless such storage is located in an area which is completely surrounded by a solid screen fence having a minimum height of six feet, located behind the setback line or buffer strip no less than ten feet in depth, and which is landscaped with trees and shrubs as approved by the Planning and Zoning Commission. Said vehicles, stored at service or repair facilities, shall not display sales and pricing information signs.

(2) All repair activities associated with the facility shall take place in a completely enclosed building.

(3) All vehicle parking and storage areas shall be located behind the front line of the principal building.

(4) Areas devoted to vehicle parking and/or storage shall be paved with asphalt or concrete and maintained free of dust.

(h) Manufacturing, Heavy.

(1) The minimum lot size shall be three acres, and the minimum lot width shall be 250 feet.

(2) The facilities shall be located on the site in a manner that best minimizes the potential effect of winds carrying objectionable odors to surrounding properties.

(3) The use and any associated outdoor storage shall be setback 100 feet from any residential zoning district boundary or use.

(4) All buildings and outdoor storage areas shall be setback a minimum of 50 feet from a front lot line.

(5) Outdoor storage areas shall be entirely surrounded by a solid wall or fence that includes solid gates and has a minimum height of ten feet. Items shall not be piled or stored higher than the top of the fence or wall.

(6) All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Planning and Zoning Commission. Additional fences, walls or shrubs may be required by the Planning and Zoning Commission, if necessary, to adequately screen the materials from adjoining districts or public streets.

(i) Medical Marijuana Cultivation, Processing and Testing Facility. Any facility used in the cultivation, processing and testing of medical marijuana shall not be located within 500 feet of a school, church, public library, public playground, or public park. Additionally, the facility must strictly adhere to any provisions of the Ohio Administrative Code related to the cultivation, production and testing of medical marijuana.

(j) Motel/Hotel.

(1) All access drives shall be located as far as practicable from an existing street intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

(2) Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

(3) Any outdoor activity area shall be sufficiently screened from any adjacent residential use.

(k) Outdoor Dining.

(1) Outdoor dining located in a public right-of-way shall be subject to the approval of an encroachment license by the City Council. Said license may be revoked by the City Council with or without cause upon majority vote of Council.

(2) Planters or other devices may be required by condition of the Planning and Zoning Commission to be used as a way of defining the area occupied by the outdoor dining.

(3) All accessory structures associated with the outdoor dining facility, including extended awnings, canopies, or large umbrellas, shall be subject to the review and approval of the Planning and Zoning Commission.

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

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

(6) Complaint petitions signed by 50% of property owners and/or tenants within 200 feet of a parcel containing an outdoor dining or seating area must be heard by the Planning and Zoning Commission. Conditional use permits may be subject to additional conditions or revocation if in the judgment of the Commission the use has created nuisance conditions affecting nearby property owners and/or tenants.

(7) Noise shall be adequately controlled to ensure that patrons do not create a nuisance. For outdoor dining approved as a conditional use, the Planning and Zoning Commission may impose time restrictions on the use of any music or speaker devices.

(l) Outdoor Display.

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

(2) Areas devoted to outdoor display shall be located in a side or rear yard, shall comply with all building setbacks and yard regulations for the district in which they are located, and shall be located a minimum of ten feet from all residential property lines.

(3) All outdoor display areas shall be contiguous to the principal building.

(4) No outdoor display area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.

(5) No outdoor display shall be permitted between the front wall of the principal building and the adjacent street.

(6) No signs shall be permitted in conjunction with outdoor display areas except those otherwise in compliance with the sign regulations.

(7) The area of the lot devoted to outdoor display shall not exceed 25% of the ground floor area of the principal building in a U-4 District nor 50% of the ground floor area of the principal building in a U-5 District. These limitations shall not apply to establishments for the sale, lease or rental of new or used automobiles and small trucks, heavy duty truck and/or boat sales, service or repair facilities or equipment sales, rental and/or service facilities.

(8) Areas devoted to outdoor display shall be paved with asphalt or concrete and maintained free of dust.

(m) Outdoor Storage.

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

(2) No outdoor storage of recycled materials, or used or salvaged metals, vehicles or equipment shall be permitted.

(3) Location.

A. Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setbacks set forth in the district regulations for the district in which the lot is located.

B. All outdoor storage areas must be contiguous to the principal building.

C. No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access.

(4) Area. The area of the lot devoted to outdoor storage shall not exceed 150% of the ground floor area of the principal building.

(5) Areas devoted to outdoor storage shall, at a minimum, be surfaced with gravel or other similar material, kept free of weeds and regularly maintained to ensure that dust does not become a nuisance.

(6) Screening. Outdoor storage areas shall be effectively screened from all adjacent residential districts, public parking areas and public streets as required below:

A. In a U-5 District, all aspects of outdoor operations including outdoor storage of goods and materials shall be surrounded with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street. However, in no case shall the height of the fence or wall be less than six feet.

B. The requirements in Section 1359.06(m)(6)A. above shall apply to outdoor storage in a U-6 District when the lot on which the outdoor storage is located is adjacent to or across the street from a residential district.

C. In a U-5 District, the Planning and Zoning Commission may increase the minimum height of required screening when it is determined that additional height is needed to effectively conceal all materials from view of any observer standing at grade level of an abutting residential district line or public street.

D. Alternative outdoor storage enclosures and screening provisions may be permitted as a conditional use at the discretion of the Planning and Zoning Commission.

(n) Outdoor Storage of Fleet Vehicles Used in Operation of Principal Use. Shall comply with Section 1389.14 .

(o) Retail Plant Nursery and Garden Supply Business.

(1) Outdoor display shall be limited to living plants in containers or balled and burlapped, and bulk supplies. All dead and diseased plants, empty tables and any other unutilized materials shall be immediately removed from outdoor areas.

(2) Storage and sale of firewood shall be a minimum of 30 feet from the property line of any residential use or district and 15 feet from the property line of any commercial use or district. The Fire Chief or his or her designee shall also review any proposed firewood storage or sale area and may request that the Planning and Zoning Commission place additional restrictions upon a specific installation.

(3) Firewood shall not be stored on bare ground or in any manner that promotes the harborage of rodents or pests.

(4) Maximum fence and/or evergreen hedge height shall conform with district limits, with the exception of property lines along rights-of-way, where the maximum height shall be six feet.

(5) All outdoor lighting shall be directed from periphery toward interior of site, and there shall be no direct light spillover to adjacent properties.

(6) Drainage from outdoor plant display areas shall be contained on the property and directed to storm drains.

(7) Spraying shall not create a hazard or nuisance to neighboring properties.

(8) Motorized equipment shall be limited to devices with noise levels conforming with Chapter 345 of the Codified Ordinances.

(9) Storage and sale of materials such as peat moss, sand, mulch and topsoil shall be permitted outdoors if the materials are in individual bags in a location approved by the Planning and Zoning Commission. Such storage shall be a minimum of 30 feet from the property line of any residential use or district and 15 feet from the property line of any commercial use or district. The Planning and Zoning Commission may also approve bulk storage and sale of such materials if the material is fully surrounded by walled bins. Unreasonable runoff, dust and other undesirable side effects from such outdoor storage shall be mitigated so as to not create a nuisance to neighboring properties. The area occupied by bulk storage shall not exceed 50% coverage of the lot area when located in a U-4 use district.

(p) Recreation Facility, Outdoor.

(1) The minimum lot size shall be two acres, and the minimum lot width shall be 200 feet.

(2) The Planning and Zoning Commission may require active recreation areas to be surrounded by a fence, which exceeds the requirements for fences in the applicable zoning district

(3) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning and Zoning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

(4) Outdoor rifle ranges, skeet shooting ranges, pistol ranges, and other outdoor activities involving the use of firearms shall be prohibited.

(5) Delivery trucks shall not be used as refreshment stands, souvenir stands and/or concession stands.

(6) All activities, programs and other events shall be directly related to the conditional use permit so granted, and any proposed changes from the approved conditional use permit shall be reviewed and approved by the Planning and Zoning Commission according to the procedures in this section.

(7) An adequate number of public restrooms shall be provided and maintained.

(8) Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.

(9) The Planning and Zoning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

(10) Only retail uses that are customary accessory and incidental to the principal use shall be permitted. Included as such retail uses are refreshment stands, souvenir stands, concession stands, and an office.

(11) Swimming pools shall comply with the following additional requirements:

A. Pools shall be adequately fenced to prohibit unauthorized access to the facility.

B. Pools and their enclosures shall have a minimum front setback of 50 feet and a side and rear setback of 30 feet.

C. The enclosure required in division (p)(11)A. above shall be kept locked at all times the pool is not in use.

D. The Planning and Zoning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.

(q) Sales or Lease of New Automobiles and Small Trucks. Sales facilities operated exclusively within enclosed permanent buildings and located in U-5 or U-6 Use Districts are exempt from divisions (q)(1), (5), (6) and (7) below.

(1) Such facility shall have a minimum lot area of two acres and a minimum lot width of 200 feet.

(2) Sale of new automobiles means a building and land used by a franchised automobile dealer principally for the sale of new automobiles. The sale of used automobiles may be permitted as an accessory use provided the inventory of used automobiles does not exceed 50% of the overall inventory at any one time.

(3) Service garage, leasing department and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of autos provided these activities are conducted in completely enclosed buildings.

(4) Only repair of automobiles customarily associated with automobile sales shall be permitted, and shall be conducted inside a completely enclosed building.

(5) The display of vehicles for sale shall be located on a paved surface and shall be setback a minimum of ten feet from any public right-of-way. The outdoor display area for vehicles shall comply with the side and rear building setback requirements set for the district in which the lot is located or shall be setback at least ten feet from side and rear lot lines, whichever is greater.

(6) No motor vehicle shall be displayed on the site within the required setback from the public street right-of-way and the setback shall remain properly landscaped with grass at all times. A barrier system as approved by the Architectural Review Board shall be installed between auto display areas and required landscape buffer areas.

(7) Lighting for all areas used for the outdoor display of automobiles shall be reviewed by the Planning and Zoning Commission to ensure that surrounding uses are not negatively impacted by the proposed site lighting.

(r) Sales or Lease of Used Automobiles, and the Sale or Rental of Trucks, Trailers and Boat Sales and Rental. Sales facilities operated exclusively within enclosed permanent buildings and located in U-5 or U-6 Use Districts are exempt from divisions (1), (2), (4), (5), (6), and (7) below.

(1) Such facility shall have a minimum lot area of two acres and a minimum lot width of 200 feet.

(2) Trucks shall not exceed three-quarter ton rated capacity.

(3) All work on vehicles, including but not limited to cleaning, servicing and repair, shall be done only inside a completely enclosed service building.

(4) The display of vehicles for sale shall be located on a paved surface and shall be setback a minimum of ten feet from any public right-of-way. The outdoor display area for vehicles shall comply with the side and rear building setback requirements set for the district in which the lot is located or shall be setback at least ten feet from side and rear lot lines, whichever is greater.

(5) No motor vehicle shall be displayed on the site within the required setback from the public street right-of-way and the setback are shall remain properly landscaped with grass at all times. A barrier system as approved by the Architectural Review Board shall be installed between auto display areas and required landscape buffer areas.

(6) Lighting for all areas used for the outdoor display of automobiles shall be reviewed by the Planning and Zoning Commission to ensure that surrounding uses are not negatively impacted by the proposed site lighting.

(7) Office space having a minimum floor area of 400 square feet shall be provided on the premises.

(8) All access drives (entrances and exits) shall be designed and located to not interfere with traffic flow on the adjacent streets.

(s) Mini/Self-Storage Facility, Indoor.

(1) General Provisions.

A. All storage shall be within a closed building except that within the grounds of a mini-storage or self-storage where the placing of trailers, motor vehicles, or recreational vehicles in outdoor storage areas which are separate from view from adjacent streets and property by walls, fences, or landscaping.

1. Outdoor storage areas shall not exceed ten percent of the gross site area and shall not count toward meeting parking requirements.

2. Fuel tanks on any motor vehicle, recreational vehicle, lawn mower, or similar property shall be drained or removed prior to storage. All batteries shall be disconnected.

B. The storage of flammable liquids or radioactive, highly combustible, explosive, or hazardous materials shall be prohibited.

C. The use of the storage units for any other purpose or use other than storage is prohibited.

D. No activities, such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the self-storage units.

E. The City Fire Department shall be provided 24-hour access to the grounds. A lockbox or similar mechanism shall be provided for its use.

F. Owners of leased self-service storage facilities shall include provisions in all leases advising the lessees of the regulations set forth in this section and shall further contain a provision authorizing inspection of the storage units by the Fire Department up to three times per calendar year.

(2) Location and Design.

A. The facility shall be located on an arterial street and shall not present a nuisance or safety hazard to the general public.

B. No lot or parcel of land or any building or structure thereon, shall be used for a mini/self-storage facility at a location closer than two thousand six hundred forty (2,640) feet to any use specified below:

1. Parcels zoned residential.

2. Hotel, motel, or lodging/tourist house.

3. School property line (universities, community colleges, high schools, junior high schools, elementary and nursery schools).

4. Hospital, nursing home, or residential treatment facility.

5. Other mini-storage or self-storage facilities.

When the Planning and Zoning Commission finds that there would be no adverse impact, a lesser setback distance may be established, but not less than five hundred feet.

C. The maximum size of an individual storage compartment shall be 500 square feet.

D. Building design and materials shall be compatible with the existing and intended character of the area.

E. Ornamental fencing is encouraged in the front of the building. All fences or walls visible from the public right-of-way shall be constructed of decorative building materials such as masonry, wrought iron, or other similar materials as approved by the Architectural Review Board. Chain-link or similar-style fences are prohibited. No fence shall be topped with barbed wire or sharp-edged materials.

F. To the maximum extent practical, storage unit doors shall not face the public right-of-way.

G. Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust.

H. Internal drive aisles shall be at least 24-feet wide and must be clearly marked to distinguish traffic flow.

I. Landscaping shall be provided for in accordance with Section 1359.05(f).

(t) Tattoo or Branding Parlors, Body-Piercing Establishments, Pawn Shops, and Check Cashing Non-Chartered Financial Establishments. The City of Euclid has determined that for the health, safety and welfare of its residents, it is necessary to adopt reasonable regulations to prevent the adverse effects of the concentration or clustering of the following specific uses - tattoo or branding parlors, body-piercing establishments, pawn shops and non-chartered financial establishments - and to prevent the negative effects of these uses individually upon an area. These specific uses have been demonstrated to have a detrimental impact individually or when located in proximity to each other. Concentrations of these uses tend to have a deleterious effect upon the adjacent area and lead to increasing calls for service in response to crime.

Regulation of these uses is necessary to ensure that the negative impacts will not cause or contribute to the blight or the downgrading of neighborhoods and businesses in proximity to these listed businesses.

No lot or parcel of land or any building or structure thereon, shall be used for a business listed in this section at a location closer than specified below:

(1) One thousand five hundred feet from another business listed in this section.

(2) One thousand five hundred feet from a use listed below:

A. School property line (universities, community colleges, high schools, junior high schools, elementary and nursery schools).

B. State-licensed child care centers and/or large family day care facilities.

C. Hotels, motels, or lodging houses.

D. Indoor recreation facility, including, but not limited to, bowling alleys, skating rinks, community recreation facilities.

E. Any parcel zoned single-family residential.

(u) Medical Marijuana Dispensaries. Medical marijuana dispensaries shall be permitted as a conditional use in the U4, U5 and U6 districts when licensed by the State of Ohio in accordance with Chapter 3796 of the Ohio Administrative Code, provided that the medical marijuana cultivation or processing facility, or dispensary is located on an arterial street.

(1) No medical marijuana dispensaries may be established or operated within 1,000 feet of a school, church, public library, public playground, or public park in the City.

(2) No medical marijuana dispensary may be established, operated or enlarged within 1,000 feet of another medical marijuana dispensary.

(3) No medical marijuana dispensaries shall be located within 1,000 feet of a community addiction services provider as defined under Section 5119.01 of the Ohio Revised Code.

(4) No medical marijuana dispensaries shall be located within 1,000 feet of an adult family home or residential facility family home as defined under Section 1359.04(a) & (p) of the Zoning Code.

(5) Not more than one medical marijuana dispensary shall be established or operated in the same building, structure, or portion thereof.

(6) For the purpose of subsections (u)(1) through (4) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a medical marijuana dispensary is conducted, to the nearest property line of the premises of a medical marijuana dispensary or a school, church, public library, public playground, or public park.

(7) Design Guidelines for Medical Marijuana Dispensaries.

A. Parking for a medical marijuana dispensary shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Section 1359.05(f) of the Zoning Code and be approved by the Architectural Review Board. Landscaping and screening shall be continuously maintained and promptly restored.

B. Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.

C. All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.

D. All exterior site and building lighting, which shall be provided, must be approved by the Architectural Board of Review pursuant to Section 1389.12(b)(2) of the Zoning Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.

E. Any medical marijuana dispensary adjacent to a residential district and/or use shall contain a six-foot-high solid fence along such abutting property lines and shall conform to the requirements of Chapter 1388 of the Zoning Code.

F. Rules, regulations and local permitting requirements imposed on a licensee by the City shall be interpreted in all instances to conform to the state licensing requirements for dispensaries, but in the event the City's rules, regulations and permitting requirements impose a greater obligation on a licensee than the state licensing requirements, the local provisions shall be enforced.

G. Applicants must meet any additional criteria and fulfill any additional requirements associated with obtaining a conditional use permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit.

(8) Off-street parking for a medical marijuana dispensary shall be provided, pursuant to Chapter 1389 except that the Planning and Zoning Commission may require an off-street parking plan.

(9) Sign Regulations for Medical Marijuana Dispensaries.

A. All signs for a medical marijuana dispensary shall be wall signs or window signs as defined in Section 1390.03(c) and shall be constructed and located in conformance with all applicable provisions of Chapter 1390 of the Zoning Code. No sign advertising medical marijuana shall be illuminated at any time.

B. All signs for a medical marijuana dispensary shall be maintained in accordance with Section 1390.10 of the Zoning Code and may be ordered to be removed by the Zoning Commissioner or their designee in accordance with the provisions of that Section.

C. No merchandise or pictures of the products on the premises of a medical marijuana dispensary shall be displayed on signs, in window areas or any area where they can be viewed from the sidewalk or street in front of the building. No sign shall bear any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display, decoration, sign, window or any other means.

D. All windows of a medical marijuana dispensary shall not be covered, obstructed, or made opaque in any way. A one-square-foot sign shall be placed on the door to state hours of operation.

E. Any advertising, marketing and/or signage not covered in this section shall conform to the requirements of Section 3796:6-3-24 of the Ohio Admin. Code.

(10) Hearing; Renewal; Revocation.

A. Notwithstanding anything in this chapter or section to the contrary, any conditional use permit application for a medical marijuana dispensary shall be heard by the Planning Commission and, if approved, shall expire 12 months from the date of issuance. Subsequent renewal of the conditional use permit may be made administratively by the Zoning Commissioner if no significant modifications to the conditions of the permit have been proposed and no violations have been determined. Violations may include, but are not limited to, legitimate loitering complaints, excessive police calls to the immediate vicinity, noise complaints, non-compliance with the terms of the conditional use permit, or non-compliance with other applicable state or local regulation. The licensee shall have a reasonable opportunity and time to cure the complaint or possible noncompliance as defined in this section before being subject to revocation or suspension.

B. Determination of administrative renewal is at the discretion of the Zoning Commissioner. Renewal applications must be submitted in writing at least 30 days prior to expiration of permit.

C. The conditional use permit for a medical marijuana dispensary is non-transferable.

D. Notwithstanding anything in this chapter or section to the contrary, any conditional use permit granted for a medical marijuana dispensary may be revoked by the Planning Commission after referral to the Planning Commission by the Zoning Commissioner and after a public hearing on whether violations have occurred or the spirit and intent of the conditional use permit has not been met. Notice of such hearing shall be sent to the licensee and to others pursuant to Section 1368.05 of the Zoning Code.

(v) Truck/Motor Freight Terminal. Transit Garage.

(1) The minimum lot size shall be three acres, and the minimum lot width shall be 200 feet.

(2) All drive lanes and maneuvering areas shall be constructed of a paved dust-free surface and provided with adequate drain systems to accommodate storm water.

(3) Where the site is adjacent to a residential zoning district, hours of operation may be restricted.

(4) When the site is adjacent to a residential zoning district, a side and rear buffer area of 100 feet shall be maintained and shall be landscaped per plans approved by the Architectural Review Board.

(5) The facility shall be located on an arterial street.

(6) All vehicular access shall be provided via the arterial street and shall be designed so as not to create an interference with traffic on surrounding public streets.

(7) All truck parking, waiting, loading and stacking areas shall comply with the building setbacks for the district in which the facility is located or the requirements in this division, whichever is greater.

(8) All repair operations shall be conducted inside a principal or accessory building.

(Ord. 201-2008. Passed 10-6-08; Ord. 167-2012. Passed 11-5-12; Ord. 62-2014. Passed 6-2-14; Ord. 42-2017. Passed 4-17-17; Ord. 118-2017. Passed 10-16-17; Ord. 124-2021. Passed 10-18-21; Ord. 22-2024. Passed 3-4-24.)

1359.07 HEIGHT REQUIREMENTS.

(a) All buildings in the U4, U5, and U6 Districts shall conform to the following height restrictions in Table1359.07.

Table 1359.07

	Maximum Height
U4 and U5	4 stories or 50 feet
U6	80 feet

(b) Exceptions to height requirements in the U4, U5, and U6 Districts: See Section 1379.02.

(Ord. 120-2024. Passed 10-7-24.)

1359.08 LOT AREA AND SETBACK REQUIREMENTS.

All lots in U4, U5, and U6 Districts shall conform to the requirements below and in Table 1359.08:

(a) No dwelling or apartment house shall be erected or altered to accommodate or make provision for more than one family, for each 700 square feet of the usable physical lot area for an elevator apartment house building, or 2,500 square feet of the usable physical lot area for apartment house buildings.

Table 1359.08

	Lot Area (square feet/unit)	Front Yard Setback	Side and Rear Yard Setbacks
U4 and U5	700	20	See Chapter 1381.
U6	700	50	See Chapter 1381.

(b) See supplemental areal standards in Chapter 1381. Where these standards differ from those in Chapter 1381, standards contained in this chapter shall prevail.

(Ord. 120-2024. Passed 10-7-24.)

1362.01 INTENT.

The U7 Light Industrial Park District is established to provide an aesthetically pleasing working environment exclusively for and conducive to the development and protection of offices, research and development institutions, wholesale and warehouse storage operations, and certain specialized manufacturing establishments, all of the non-nuisance type and developed in a park-like setting.

(Ord. 159-1990. Passed 5-21-90.)

1362.02 PURPOSE.

The purpose of this chapter is to establish rules, regulations, standards and procedures for approval of all developments in U7 Light Industrial Park Districts in order to:

(a) Preserve existing natural resources and give proper consideration to the physical constraints of the land;

(b) Provide for safe and efficient vehicular and pedestrian circulation and off-street parking and loading;

(c) Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements and the minimum adverse effect on surrounding property through the use of judicious landscaping and buffering;

(d) Develop proper safeguards to minimize soil erosion and sedimentation, air and water pollution and noise levels;

(e) Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities and other utilities and services; and

(f) Encourage modern and innovative design, construction, technology and planning methods.

(Ord. 159-1990. Passed 5-21-90.)

1362.03 PERMITTED USES.

In the U7 Light Industrial Park District no building or land shall be used, and no building shall be erected, reconstructed, altered or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses:

(a) Professional, administrative, financial, medical, executive, governmental and public utility offices;

(b) Research and development laboratories or testing offices;

(d) Maintenance, storage and warehousing of materials and/or equipment and/or inventory related to or necessary for the operation of the building or land, in facilities wholly enclosed in approved structures, provided that no more than fifty percent of each structure shall be used for this purpose. Inventory manufactured, fabricated or assembled on site shall be exempt from this requirement.

(e) Manufacturing and assembly limited to the following processes and products:

(1) Fabrication, stamping, extrusion, welding, finishing, polishing and assembly of products limited to:

A. Musical, medical and small engineering, scientific and measuring instruments;

B. Orthopedic and medical appliances;

C. Assembly of electrical equipment such as home radio, phonograph and television receivers and home movie equipment;

D. Electrical and mechanical control and communication devices and equipment;

E. Electrical supplies such as wire and cable assembly, switches, motors, lamps, insulation and dry cell batteries;

F. Electrical appliances such as lighting fixtures, irons, toasters, fans and electrical toys;

G. Cutlery and kitchen utensils;

H. Watches, clocks, cameras and other photographic equipment;

I. Toys, sporting goods and other athletic equipment; and

J. Jewelry, pins and needles, and razor blades;

(2) Cosmetics, drugs and toiletries; compounding and pharmaceutical products from previously processed chemical and other products;

(3) Clothing and other textile products; leather goods from previously manufactured yarns and leathers;

(4) Fabrication of furniture and cabinets and other woodworking products; and

(5) Printing, publishing and engraving;

(f) Cultivation, processing and testing of medical marijuana as defined in 1359.04;

(g) Permitted incidental and accessory uses, including garages for storage and maintenance of company motor vehicles and for storage of gasoline and lubricating oils needed for operation of these vehicles and for the maintenance of the company’s plant and machinery located therein; off-street parking and loading facilities as provided in Section 1362.07; maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and power plants for furnishing heat and energy to structures on the site; facilities for water, drainage, sewerage, fire protection, electrical, telephone and other utilities; educational facilities for training and study; storage buildings; communications facilities, including antenna masts; clinics; cafeterias; recreational facilities; data processing facilities; and employee credit unions; and

(h) Uses similar to those permitted above in terms of noise, odors, traffic generation, hours of operation, etc., as determined by the Planning and Zoning Commission.

(Ord. 159-1990. Passed 5-21-90; Ord. 42-2017. Passed 4-17-17.)

1362.04 PROHIBITED USES.

The following operations and uses are prohibited in U7 Light Industrial Park Districts:

(a) Any use prohibited in Chapter 1373;

(b) Residential uses of any type;

(d) Labor or migrant worker camps;

(e) New or used car sales lots;

(f) Automobile, go-cart, motorcycle or other vehicle endurance or race tracks;

(g) Cemeteries;

(h) All retail uses except the sale of food in employee cafeterias;

(i) The outdoor storage of materials or display of goods;

(j) Automobile, bus and truck repair operations, including body shops, engine repair shops, transmission shops, etc.

(k) Self-service storage and miniwarehouses.

(Ord. 159-1990. Passed 5-21-90.)

1362.05 SITE DEVELOPMENT REGULATIONS.

The following site development regulations shall apply in U7 Light Industrial Park Districts:

(a) Site Area. The minimum site area shall be two acres.

(b) Lot Width. The minimum site width shall be 200 feet at the front yard setback line.

(c) Building Setback From Street Right of Way. The minimum setback for lots that abut arterial streets is 100 feet. The minimum setback for lots that abut industrial roads is seventy-five feet.

(d) Building Setback From Side Lot Lines. The minimum setback for lots that adjoin residential districts is seventy-five feet or three times the building height, whichever is greater. The minimum setback for lots that are within or adjoin nonresidential districts is twenty feet.

(e) Building Setback From Rear Lot Line. The minimum setback for lots that adjoin residential districts is seventy-five feet or three times the building height, whichever is greater. The minimum setback for lots that are within or adjoin nonresidential districts is thirty feet.

(f) Maximum Coverage By Buildings. The maximum site coverage by all buildings shall be thirty-five percent.

(g) Height. The maximum height for all buildings in the U7 Light Industrial Park District shall not exceed thirty feet or two floors when adjoining residential districts or forty feet when adjoining nonresidential districts. Side and rear yard setbacks shall be at least three times the building height when adjoining a residential district. Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided such mechanical equipment is set back a minimum of fifteen feet from any exterior wall, does not exceed fifteen feet in height and is adequately screened from view, and provided such mechanical equipment and screening are approved by the Planning and Zoning Commission. See also Supplemental Height Regulations in Chapter 1379.

(h) Medical Marijuana Cultivation, Processing and Testing Facility. Any facility used in the cultivation, production and testing of medical marijuana shall not be located within 500 feet of a school, church, public library, public playground, or public park. Additionally, the facility must strictly adhere to any provisions of the Ohio Administrative code related to the cultivation, production and testing of medical marijuana.

(i) See also Supplemental Area Regulations in Chapter 1381.

(Ord. 159-1990. Passed 5-21-90; Ord. 42-2017. Passed 4-17-17; Ord. 120-2024. Passed 10-7-24.)

1362.06 LANDSCAPING.

(a) General Requirements. Landscaping shall be required as follows. The minimum landscaped area shall not be less than 20% of the total land area. The area required to be landscaped shall be planted within 60 days from the date of the issuance of a certificate of occupancy (weather permitting), and thereafter reasonably maintained with permanent plantings and materials.

(b) Site Planting Requirements.

(1) The unpaved or unimproved portions of the required front yards, side yards, rear yards and other open spaces of the site not in a natural wooded state or in which the natural state has been disturbed by grading or filling, shall be landscaped with sod, grass or other horticultural materials.

(2) A landscaped buffer shall be maintained in all perimeter setbacks, as follows:

A. Perimeter street setbacks. A minimum landscaped buffer of 30 feet. This buffer shall include trees and shrubs that are the same or of similar species as those used on the remainder of the site.

B. Perimeter side and rear setbacks. A minimum landscaped buffer of 15 feet. When the site area abuts a residential district, the minimum landscaped buffer shall be 30 feet.

C. Screening of parking, loading, trash disposal and truck maneuvering areas. A landscaped berm, masonry wall or massed plantings shall be provided of sufficient height to screen the view of loading and truck maneuvering activity and buffer parking areas from adjoining public access roads or properties. Trash and/or garbage collection areas shall be enclosed on at least three sides by a solid wall or fence at least six feet in height if such area is not within an enclosed building or structure.

(3) Internal circulation roads shall be landscaped with street trees and streetside planters. A minimum five feet in width shall be landscaped adjoining the right of way of any such street or road.

(4) Landscaped islands within parking lots shall be provided in compliance with Section 1389.12.

(5) Outdoor eating and recreation areas for employees may be included in the required landscaped area but shall be screened from adjoining residential districts.

(Ord. 159-1990. Passed 5-21-90; Ord. 62-2014. Passed 6-2-14.)

1362.07 CIRCULATION AND OFF-STREET PARKING.

Off-street parking and loading facilities shall be required for all permitted and accessory uses in U7 Light Industrial Park Districts in accordance with this chapter. All parking and loading facilities on any site, whether required as minimums or optionally provided in addition to minimum requirements, shall comply with the regulations and design standards as set forth in this chapter.

(a) Access. Access to each site must be from an internal street and this internal street shall be located so as to have access only to an arterial or collector street or drive. Sites shall not have direct access to a local residential street or drive. This internal street shall be of rolled curb and gutter design and landscaped in accordance with Section 1362.06(b)(3).

(b) Bicycle/Pedestrian Paths. The internal street system shall include bicycle/pedestrian paths, which provide continuous circulation from the boundary streets to each site within the park. Bicycle/pedestrian paths shall be separate from motor vehicle traffic with street crossings at normal traffic-control points. Pathways shall connect to sidewalks and bicycle/pedestrian paths adjacent to the park and all other important destinations.

(d) Design of Off-Street Parking Areas. The design and maintenance of off-street parking areas shall be as follows:

(1) Setback from street right of way. The minimum setback for parking areas that abut arterial streets is 100 feet. The minimum setback for parking areas that abut industrial roads is 30 feet.

(2) Setback from side lot lines. The minimum setback for parking areas that adjoin residential districts is 30 feet. The minimum setback for parking areas that adjoin nonresidential districts is 15 feet.

(3) Setback from rear lot line. The minimum setback for parking areas that adjoin residential districts is 30 feet. The minimum setback for parking areas that adjoin nonresidential districts is 15 feet.

(4) Drainage. Driveways shall not exceed a grade of 4% and all parking lots shall be graded according to a drainage plan approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required, and all such lots and driveways shall be surfaced with concrete or asphalt, except when pervious pavement is otherwise permitted.

(5) Distance of vehicles from property line. All off-street parking areas shall be so designed and constructed that no part of any vehicle parked therein shall be nearer than 15 feet from the property line.

(6) Landscaping. All off-street parking areas shall be landscaped and screened from adjoining districts in accordance with Section 1362.06.

(7) Driveways. Access driveways shall not be closer than 60 feet between centerlines. The centerline of a driveway on a corner lot shall not be closer than 40 feet to the intersecting street line. The width of driveways shall conform to the following schedule:

Number of Lanes	Width (Feet)
Number of Lanes	Minimum	Maximum
One	10	12
Two	18	24
Three	27	33

The junction of the driveway with the street pavement shall be extended on each side at a radius of at least 15 feet to form an apron. The maximum curb cut shall be limited to the width of the driveway plus the radii of the apron. The intersection between the driveway and all sidewalks shall be designed so that there is no difference in the elevation between them.

(e) Off-Street Loading and Unloading Areas. The design, required number and maintenance of off-street loading and unloading areas shall be as follows:

(1) Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall be located not less than 25 feet from the intersection of two street rights of way, nor less than 50 feet from a residential district, unless within a building. Loading berths shall not occupy the required front yard setback space.

(2) Size. A required loading berth shall be not less than ten feet in width, 25 feet in length and 14 feet in height, exclusive of aisle and maneuvering space.

(3) Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner that will least interfere with traffic.

(4) Surfacing. All loading berths and accessways shall be surfaced with concrete or asphalt.

(5) Accessory use. No space allocated as a loading berth or access drive so as to comply with the terms of this chapter shall be used for the storage of goods or inoperable vehicles or be included as part of the space requirements necessary to meet the off-street parking area standards.

(6) Required loading berths. The required number of loading berths shall be as follows:

A. Offices, research and development laboratories and testing offices having 5,000 to 10,000 square feet of floor area shall have one off-street loading berth, plus one additional berth for each additional 10,000 or fraction above 5,000 square feet of floor area.

B. Manufacturing, fabrication, processing, warehousing, storage, servicing or similar establishments having 5,000 to 30,000 square feet of floor area shall have one loading berth 50 feet in length, plus one additional 50-foot berth for each 20,000 square feet of additional floor area or fraction thereof.

(Ord. 159-1990. Passed 5-21-90; Ord. 62-2014. Passed 6-2-14.)

1362.08 SIGNS AND OUTDOOR LIGHTING.

(a) Signs. The main identification sign of a building shall be designed as part of the building and applied to the structure itself, or, where conditions dictate, it shall be freestanding. The design, format, size and material standards for all signage shall conform to Chapter 1390 of the Planning and Zoning Code and be subject to review by the City's Architectural Review Board, except that pole signs are prohibited. The Architectural Review Board will not approve signs that are glossy, reflective or flashing or that have moving parts.

(b) Lighting. Parking areas, buildings, courtyards or other relatively large open areas shall be illuminated wherever the Planning and Zoning Commission determines that such illumination is necessary to insure the public safety. Lighting fixtures shall not exceed the maximum height allowed for all buildings in the district and shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential districts or cause glare hazardous to pedestrians or motorists on adjacent public streets. Therefore, the illumination of such areas shall be of a continuous, uniform intensity with a maximum lighting strength of 0.2 footcandles.

(Ord. 159-1990. Passed 5-21-90.)

1362.09 PERFORMANCE STANDARDS.

All uses within U7 Light Industrial Park Districts shall comply with performance standards regulating noise, vibration, smoke and particulate matter, toxic gases, fumes and vapors, dust and dirt, odorous matter, glare and heat, fire and safety hazards, electrical disturbance and radioactivity, effluent discharge and disposal of hazardous waste materials as established herein:

(a) Noise. Every use shall be operated so as to comply with the maximum performance standards governing noise as set forth below:

Octave Bands (Cycles Per Second)	Maximum Permitted Sound Along Property Lines (Level in Decibels)
0 to 75	69
Over 75 to 150	54
Over 150 to 300	47
Over 300 to 600	41
Over 600 to 1,200	37
Over 1,200 to 2,400	34
Over 2,400 to 4,800	31
Over 4,800	28

(b) Vibration. No activity shall cause or create a steady state vibration at any point on any lot line, with a displacement for the frequencies as set forth in the following table. Also, no activity shall cause or create an impact vibration at any point on any lot line, with a displacement in excess of the permitted impact vibration displacement for the frequencies as set forth in the following table:

Maximum Permitted Steady State Vibration Displacement

(In Inches)

Frequency (Cycles Per Second)	Barely Perceptible
10 and below	.0008
11 to 20	.0005
21 to 30	.0003
31 to 40	.0002
41 to 50	.0001
51 to 60	.0001
61 and over	.0001

Maximum Permitted Impact Vibration Displacement

(In Inches)

Frequency (Cycles Per Second)	Barely Perceptible
10 and below	.0016
11 to 20	.0010
21 to 30	.0006
31 to 40	.0004
41 to 50	.0002
51 to 60	.0002
61 and over	.0002

(c) Smoke. Any emission of visible smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart, as published by the United States Bureau of Mines, is prohibited, except for visible gray smoke of a shade not darker than No. 2 on said chart, which may be emitted for not more than four minutes in any thirty-minute period.

(d) Air Pollution. The emission from all sources within any lot areas, during any one-hour period, of particulate matter containing more than ten percent by weight of particles having a particle density larger than forty-four microns is prohibited.

(e) Toxic Gases, Fumes and Vapors. The emission of toxic gases, fumes and vapors shall be so controlled that no concentration at or beyond lot lines shall be detrimental to or endanger the public health, safety, comfort or other aspects of occupants and adjacent residents or cause damage or injury to property.

(f) Odorous Matter. No operation or activity shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, or that cause or will cause odorous matter or vapor to be generated or occur so as to be readily detectable without instrument at any point along the boundaries of each parcel or lot.

(g) Dust and Dirt. The drifting or airborne transmission beyond the lot line of dust, particles or debris from any open stockpile shall be unlawful and may be summarily caused to be abated.

(h) Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence or wall in such a manner as to be undetectable without instruments from any point along the lot lines.

(i) Fire and Safety Hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate firefighting and suppression equipment and devices standard to the operation involved.

(j) Electrical Disturbance and Radioactivity. Each use shall be so operated as to prevent the emission of quantities of radioactive materials in excess of limits established as safe by the United States Bureau of Standards.

(k) Effluent Discharge, Radioactive and Hazardous Waste. Radioactive materials shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water, or into a sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals shall not exceed the amount permitted by other codes of the State, the County or the City.

(Ord. 159-1990. Passed 5-21-90.)

1362.10 SITE PLAN REVIEW.

Preliminary and final site development plans shall be prepared by the developer for all proposed developments in any U7 Light Industrial Park District and shall be submitted to the Planning and Zoning Commission for review and approval.

(a) Plans Required. Plans for a development shall be drawn at an appropriate scale and shall include the following:

(1) Survey. Property and topography, showing land owned and proposed for development, the surrounding streets, adjoining streets and adjoining lots and their uses;

(2) Buildings. Location, size, height and use of all proposed main and accessory buildings, the general design, materials and colors, and the nearest buildings on adjoining lots and their uses;

(3) Traffic. Proposed system of on-site vehicular circulation, details of accessways to streets, methods for control of traffic and types of pavement;

(4) Parking areas. Layout and estimate of the number of spaces, landscaping and other design features and types of pavement;

(5) Utilities. Location, size and grade of all utility installations and connections to present or proposed facilities;

(6) Site development. Grading plan, designs of landscaped yards, planting areas and fence screens adjoining residential areas, the size, location and type of all outdoor signs, and exterior lighting; and

(7) Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, sureties and other instruments as may be required.

(b) Approval of Plans. A preliminary development plan designed in accordance with the planning standards, regulations and criteria established in this chapter and elsewhere in these Codified Ordinances shall be submitted to the Building Commissioner for review and approval.

If the preliminary development plan, together with any modifications thereof proposed by the developer, is found by the Building Commissioner to be in compliance with the requirements of this chapter and any other applicable parts of these Codified Ordinances, including the architectural review procedures and Subdivision Regulations, he or she shall approve such preliminary development plans within forty days from the date of the meeting when all required plans and data were received. If not found to be in compliance therewith, the plans will be submitted to the Planning and Zoning Commission for any required variance, approval or disapproval.

Upon approval of the preliminary development plan, the developer shall prepare and submit to the Building Commissioner a final development plan, which shall include the final grading plan and detailed plans and specifications for all streets, storm and sanitary sewers, water distribution and all other site features designed in accordance with this chapter and all other applicable chapters of these Codified Ordinances.

Upon receipt of the final development plan, the Building Commissioner shall transmit a copy of this plan, including detailed construction plans and specifications, to the City Engineer for his or her review and recommendations. The City Engineer shall, within forty days of receiving the final development plan, provide to the Building Commissioner a report on the development plan's compliance with those regulations within the jurisdiction.

If, after evaluating the Engineer's report, the Building Commissioner finds that the proposed final development plan is in accordance with and represents a detailed expansion of the preliminary plan heretofore approved, that it is in conformity with the provisions of this chapter and all other applicable chapters of these Codified Ordinances, and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the City Engineer, the Building Commissioner shall approve such final plan within thirty days.

After approval, the developer may apply for a building permit, which shall be issued by the Division of Buildings.

(c) Revision and Lapse of Approval. The final development plan may be revised by the developer and resubmitted through the same procedure required for the original preliminary and final development plan.

Failure to begin construction of all or a substantial portion of the improvements approved in the final development plan within one year after the issuance of a permit shall make null and void the plan as approved, unless an extension of time is granted by the Building Commissioner.

(Ord. 159-1990. Passed 5-21-90.)

1363.01 COMPLIANCE REQUIRED.

In a Class U8 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, for any use other than Office Building use as set forth in this chapter.

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19.)

1363.02 INTENT.

Office Building Districts and their regulations are established in order to achieve, among others, the following purposes:

(a) To provide, in appropriate and convenient places, sufficient areas for office building developments which do not create large parking needs or generate large volumes of traffic;

(b) To provide, in appropriate and convenient places, sufficient areas for public and institutional developments;

(c) To provide for landscaped settings for such developments in order to protect adjacent residential neighborhoods by restricting the types of business, office and institutional uses at the common boundaries;

(d) To relieve traffic congestion on the streets by requiring off-street parking and loading facilities; and

(e) To provide, in appropriate and convenient places, locations for additional uses compatible with or supportive of office building uses.

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19.)

1363.03 USE REGULATIONS.

(a) Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Office Building Districts, only for the main or accessory uses set forth in this chapter.

(b) A building designed and constructed as a residence cannot be occupied in whole or in part by another use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan. Such building must also be made to conform to all requirements of the Building and Housing Code pertaining to commercial structures.

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19.)

1363.04 USES PERMITTED.

In a Class U8 District, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a U8 use as set forth in this chapter.

(a) Principal Uses Permitted by Right. A use listed in Schedule 1363.04 shall be permitted by right as a principal use in a district when denoted by the letter “P” provided that all requirements of other city ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1363.04 shall be permitted as a conditional use in a district when denoted by the letter “C” provided the Planning and Zoning Commission first makes the determination that the requirements of this chapter have been met according to the procedures set forth in Chapter 1368 .

(c) Accessory Uses and Structures. A use or structure listed in Schedule 1363.04 shall be permitted as an accessory use or structure in a district when denoted by the letter “A”. Such use or structure shall be permitted as a subordinate building, structure or use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses and structures are further regulated in subsequent sections of this code. Additional uses that are determined to be customarily incidental to a permitted principal or conditional use may be permitted by the Zoning Commissioner.

(d) Compliance Required. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this code applicable to the specific use and parcel in question.

(e) Uses Not Listed in Schedule. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this code and/or the Zoning Map as provided in Chapter 1343 or upon a finding that a use is substantially similar as provided in Section 1323.03 .

(f) Uses listed in this Section 1363.04 shall be limited by the definitions included in Section 1359.04.

1363.04 PERMITTED USES
1)	Administrative and professional offices including but not limited to accounting, clerical, drafting, executive, financial, governmental, public utility offices, and other similar types of office uses. Office uses conducted in arrangements such as office sharing, shared workspaces, coworking spaces, and incubators are included within this category of use.	P
2)	Financial institutions, banks, insurance, real estate offices and other offices that accommodate frequent walk-in customers, but not including non-charter financial establishments	P
3)	Medical, dental, and other health service offices	P
4)	Personal service establishment including barber, beauty shops except as otherwise regulated below	P
5)	Animal clinic with all operations in a completely enclosed building	P
6)	Business equipment and supplies, including self-service printing services	P
7)	Business school	P
8)	Drive-through facility in association with a financial institution or bank, see also Section 1359.06(d)	C
9)	Dry cleaning counter service	P
10)	Repair shops for personal items such as shoes, watch, camera	P
11)	Studios for instruction	P
12)	Sound studios, recording facilities	C
13)	Museum, gallery	P
14)	Day care facility, adult or child, see also Section 1359.06(c)	C

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19.)

1363.06 AREA REGULATIONS.

Notwithstanding any other provision of this Planning and Zoning Code or of the Building and Housing Code, buildings and uses permitted in an Office Building District shall be located on a lot that complies with this section. The minimum lot area for such permitted use shall not be less than the area required to accommodate the main and accessory buildings and uses, on-site circulation, required parking and loading facilities and required yards. This section shall be construed to encourage sufficiently large sites for each development and to provide space for expansion and adjustment to future conditions. See also Supplemental Area Regulations contained in Chapter 1381.

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19; Ord. 120-2024. Passed 10-7-24.)

1363.07 YARD REGULATIONS.

Notwithstanding any other provision of this Planning and Zoning Code or of the Building and Housing Code, all buildings and land shall be used, and all buildings shall be designed, erected, altered, moved and maintained, within any Office Building District, in accordance with the following regulations:

(a) Minimum Yard Area. The minimum area of the landscaped yards of any development, exclusive of area covered by buildings, open uses, parking areas, loading areas and driveways, shall be not less than that which is set forth in Section 1363.08. The Planning and Zoning Commission may require that such yard areas be landscaped with ground cover and shrubs and maintained in a condition satisfactory to the City.

(b) Front Yards. All buildings and parking areas shall be set back from the planned right-of-way abutting street not less than the distance set forth in Section 1363.08.

(c) Side Yards. Each lot or separate development shall have at least one side yard of not less than 12 feet in width unless the on-site circulation, parking and loading are coordinated with adjoining developments and set forth in a joint agreement. Where buildings are not built along the property line the minimum yard shall be 12 feet.

(d) Rear Yards. Each lot shall have a rear yard of not less than 40 feet in depth unless the on-site circulation, parking and loading facilities are coordinated with the adjoining development and set forth in a joint agreement.

(e) Yards Abutting Residential Districts. Where any office development abuts a residential district, the minimum dimension of side or rear yards shall be as set forth in Section 1363.08.

(f) Screening of Office Building Areas. Wherever an Office Building District abuts a residential district along a rear or side lot line, the Planning and Zoning Commission may require that all office buildings, uses, parking and loading facilities and driveways be screened from the adjacent residential district by a substantially solid fence and/or a hedge or other landscaping strip at least ten feet wide and not less than five and one-half feet in height.

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19.)

1363.08 MINIMUM SETBACK AND YARD DIMENSIONS.

Notwithstanding any other provision of this Planning and Zoning Code or of the Building and Housing Code, in an Office Building District the following minimum setback requirements and minimum yard requirements are established:

1363.08 MINIMUM SETBACK AND YARD DIMENSIONS
Building or Use	Minimum Required Setback from:		Minimum Landscaped Yard (percent)	Minimum Yards Required When Adjacent To:
	Arterial Street (feet)	Collector or Local Streets (feet)		U1, U2, U3 Districts		U4, U5, U6 Districts
				Side (feet)	Rear (feet)	Side (feet)	Rear (feet)
Main Building	100	50	25	40	40	12	40
Off-Street Parking	20	20		15	15	10	10

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19.)

1363.09 PARKING REGULATIONS.

Off-street parking spaces shall be provided in compliance with Chapter 1389.

(Ord. 251-1967. Passed 10-2-67; Ord. 62-2014. Passed 6-2-14; Ord. 87-2019. Passed 9-3-19.)

1363.10 HEIGHT REGULATIONS.

Notwithstanding any other provision of this Planning and Zoning Code or of the Building and Housing Code, the height of any main or accessory building shall not exceed four stories or 50 feet in an Office Building District, except that elevators, chimneys, church spires, flagpoles, radio towers, water tanks and other permitted appurtenances located upon or constituted as an integral part of a main building may be erected above the height limit, but shall not exceed 75 feet above the finished grade. All parts of a building containing the mechanical and other service features of a building shall be designed and enclosed so as to be in harmony with the architectural treatment of the building.See also Supplemental Height Regulations contained in Chapter 1379.

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19; Ord. 120-2024. Passed 10-7-24.)

1363.11 ILLUMINATION.

All parking areas and driveways shall be illuminated at night during business hours and all outside lighting shall be arranged and shielded to prevent any glare or reflection which would be hazardous on adjoining streets or unduly annoying to adjoining residential properties.

(Ord. 251-167. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19.)

1363.12 DEVELOPMENT PLANS.

A preliminary and final development plan shall be provided by the developer and reviewed by the Planning and Zoning Commission. After such a plan is approved, no substantial alteration shall be made thereto unless an amended or revised plan is approved in accordance with the same procedures.

(Ord. 251-1967. Passed 10-2-67; Ord. 87-2019. Passed 9-3-19.)

1364.01 PURPOSES.

The Campus-Institutional District (C-I) and its regulations are established in order to accommodate institutional facilities and their associated uses in a manner that recognizes the unique development and location characteristics of large-scale institutional uses while respecting the needs of adjacent property owners and residents. As a result, this District sets out to both adequately buffer institutional uses from adjacent lower-density residential uses and integrate institutional uses with adjacent nonresidential neighborhoods.

Specifically, the Campus-Institutional District and its regulations are established in order to accommodate civic buildings and other institutional facilities and their associated uses in a manner that:

(a) Provides for proper location of such facilities so as to increase the general convenience and safety of the City's residents;

(b) Provides for orderly growth and development in the City of Euclid;

(c) Reflects and reinforces the existing density and pattern of development while accommodating the need for future growth;

(d) Provides for and encourages a balanced, compatible mix of uses, rather than a separation of uses, in a pedestrian-friendly environment;

(e) Ensures that such facilities are compatible with adjacent land uses by requiring development plan review for any proposed development near the periphery of the District; and

(f) Provides flexibility for large-scale campus and institutional uses by applying the C-I District designation to locations with a minimum of three acres of contiguous land area.

(Ord. 174-2008. Passed 9-2-08.)

1364.02 PERMITTED USES.

The permitted uses in a Class C-I Campus-Institutional District shall be as follows:

(a) Pubic open space;

(b) Public park and/or playground;

(c) The following uses shall be permitted when located 150 feet or more from a Campus - Institutional District boundary provided the proposed use is part of and consistent with a general development plan for the entire campus site.

(1) Community facilities.

A. Administrative government offices;

B. Cemetery;

C. Civic facility for public assembly, including church or other place of worship, community center, auditorium;

D. Day care facility, adult and/or child;

E. Hospital and associated medical offices;

F. Library or museum or other cultural institution;

G. Monuments;

H. Public safety facility;

I. Nursing care facilities, including nursing homes, assisted living facilities, residential care facilities and/or independent living facilities.

(2) Educational facilities.

A. Accredited college or university, including associated on-campus student housing and athletic fields;

B. Facility providing government sponsored adult education;

C. School facility, public or private;

D. Technical college or business and trade school, provided training facilities do not include the operation of equipment and procedures that are typically restricted to uses permitted only in Industrial Districts.

(3) Recreation facilities/open space.

A. Golf course;

B. Recreation facility, indoor;

C. Recreation facility, outdoor;

D. Swimming pool.

(4) Residential facilities.

A. Group housing units care facilities;

B. Parish residence, convent or other residential use associated with a place of worship.

(Ord. 174-2008. Passed 9-2-08.)

1364.03 CONDITIONAL USES.

Conditional use in a Class C-I Campus-Institutional District shall be any use listed in 1364.02 that is:

(a) Less than 150 feet from the boundary of the Campus Institutional District; or

(b) Not part of or is inconsistent with an approved general plan for the entire campus site.

(Ord. 174-2008. Passed 9-2-08.)

1364.04 MINIMUM C-I DISTRICT AREA, MINIMUM LOT AREA AND MAXIMUM BUILDING COVERAGE.

The minimum land area required to apply the Campus-Institutional District zoning designation shall be three acres. Once the C-I District is established, parcels within the district shall not be further subdivided to an area less than one acre nor a lot width less than 150 feet. The maximum building coverage of the lot shall be 60% of the entire campus site. See also Supplemental Area Regulations contained in Chapter 1381.

(Ord. 174-2008. Passed 9-2-08; Ord. 120-2024. Passed 10-7-24.)

1364.05 MINIMUM SETBACKS.

All buildings, outdoor activity areas and off-street parking areas shall be located in a manner that maintains the minimum setbacks set forth in this section.

(a) Schedule 1364.05: Minimum Setback Requirements

	Buildings	Outdoor Activity Areas	Off-Street Parking
(1) Setback from public street right-of-ways	30 feet (a)	60 feet (a)	30 feet
(2) Setback from U-1 or U-2 District boundary	20 feet (a)(b)	50 feet (a)	20 feet
(3) Setback from all other lot lines	10 feet (c)	10 feet	10 feet
Notes to Schedule 1364.05 (a) Or a distance equal to the height of the building or structure, whichever is greater. (b) A distance equal to one-half the length of the building wall that is parallel to or with 45 degrees of being parallel to the lot line, whichever is greater. (c) Or a distance equal to one-half the height of the building, whichever is greater.

(b) Outdoor activity areas shall include tennis courts, swimming pools, picnic shelters and similar types of facilities.

(Ord. 174-2008. Passed 9-2-08.)

1364.06 ACCESSORY USE REGULATIONS.

Accessory uses permitted in a C-I District shall conform to the regulations of this section.

(a) Accessory Buildings. Accessory buildings shall conform to all lot regulations for principal buildings and shall be reviewed according to the accessory use procedures set forth in Chapter 1377.

(b) Fences and Walls. Unless otherwise approved by the Planning and Zoning Commission as part of the approved site plan, fences and walls shall comply with Chapter 1388.

(Ord. 174-2008. Passed 9-2-08; Ord. 69-2016. Passed 6-6-16.)

1364.07 LANDSCAPING AND SCREENING REQUIREMENTS.

Visual screening and landscape buffers shall be provided for all lots in C-I districts in according to the approved site plan and installed within 120 days of the issuance of any temporary certificate of occupancy.

(Ord. 174-2008. Passed 9-2-08.)

1364.08 DEVELOPMENT AND DESIGN GUIDELINES.

The following development and design guidelines are established to ensure that all proposed development in a C-I District complies with the purpose and objectives of this chapter. The City Planning and Zoning Commission shall review plans for a proposed development, giving particular consideration to the following:

(a) Principles for Reviewing Conditional Uses. Large-scale institutional uses can be located in close proximity to adjacent land uses in a manner that integrates them with nonresidential uses and protects low density residential uses. Given these goals, the Planning and Zoning Commission shall consider the following principles when reviewing applications for conditional use permits.

(1) Standards when adjacent to Residential Districts. When reviewing a conditional use of this nature, the Planning and Zoning Commission shall attempt to ensure that residential properties are not negatively impacted by intrusions from the institutional uses. Therefore, the following standards shall be considered:

A. Adequate screening, buffering, and landscaping shall be provided to limit the view of the proposed use, reduce the noise between incompatible land uses, and ease the transition from one zoning district to another.

B. Natural features, especially mature trees, shall be preserved and supplemented with landscaping to buffer and screen adjacent residential districts. The Planning and Zoning Commission shall consider the setbacks, building mass and type of use when determining the extent of landscaping required.

C. The minimum setback area for buildings and parking areas set forth in Schedule 1364.05 shall be considered a buffer and landscaping area and shall contain no structures, with the exception of decorative fencing.

D. Pedestrian connections from the campus-institution development shall be designed to minimize impacts on adjacent residential neighborhoods.

E. The layout of parking areas, service area, entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the character of residential areas adjacent to the development.

(2) Standards when adjacent to nonresidential districts. When reviewing a conditional use of this nature, the Planning and Zoning Commission shall ensure that institutional uses are integrated into the fabric of the surrounding development; thereby becoming a part of the neighborhood in which they reside. Therefore, the following standards shall be considered:

A. Development proposals by institutional uses shall respect the existing built environment or the framework being created in an area through zoning and other applicable regulations.

B. The building placement, scale, and massing as well as the location of off-street parking facilities shall reflect and reinforce the surrounding development. If the adjacent areas are vacant, the building placement, scale, and massing as well as the location of off-street parking facilities shall reflect the development standards in the abutting zoning district.

(b) General Criteria.

(1) Buildings, structures and landscaping should be designed and located on the site and be of a scale and massing to:

(2) Enhance and protect the character of the surrounding area, especially adjoining residential areas;

(3) Minimize any adverse influences;

(4) See also Supplemental Height Regulations contained in Chapter 1379.

(1) The layout of parking areas, service areas, entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the character of residential areas adjacent to the development.

(2) Access from public streets to parking areas, service areas, and pedestrian walkways within the development shall be designed to minimize traffic hazards or congestion;

(3) Pedestrian connections from the campus institution development to adjacent parcels should minimize adverse intrusions into residential neighborhoods.

(Ord. 174-2008. Passed 9-2-08; Ord. 120-2024. Passed 10-7-24.)

1364.09 APPROVAL PROCEDURES.

All development within a C-I District shall be subject to the procedures set forth below:

(a) A general development plan shall be required for any project that includes multiple buildings or phased development.

(b) Applications for a proposed conditional use or modifications to an existing conditional use in a C-I District shall be reviewed and acted on according to the procedures set forth in Chapter 1368 except as otherwise set forth below for Campus Developments.

(c) Campus Developments. Any development that encompasses two acres or more may be considered a campus development in compliance with the following:

(1) Requirements for campus development.

A. The area of a proposed campus development shall be in one ownership, or if in several ownerships, the application shall be filed jointly by all owners of the properties included in the proposed C-I boundaries.

B. All land within a campus development shall be contiguous in that it shall not be divided into segments by any existing tract of land not owned by the applicant(s) of the campus development. Parcels that are located directly across the street from one another shall be considered contiguous.

(2) A general development plan shall be reviewed and approved for the entire campus development according to the procedures in this section.

(3) Once a general development plan is approved for a campus development, the review and approval of the final development plan(s) for new construction or additions to existing development shall comply with the following:

(4) Whenever the area involved is within 150 feet of a C-I district boundary that abuts a residential district, the proposed development shall be approved according to the conditional use procedures set forth in Chapter 1368. A final development plan shall be required for the portion of the campus involved.

(5) Whenever the area involved is 150 feet or more from a district boundary abutting a residential district, a final development plan shall be reviewed by the Zoning Commissioner and the proposed project shall not be subject to the conditional use procedures.

(d) Whenever land is rezoned to a C-I District at the request of a property owner, a general development plan shall be submitted and approved at the time of rezoning.

(e) General Development Plan Submission Requirements. The property owner, a leaseholder, or a developer with an option to purchase or lease may file an application for general development plan review. If the application is filed by an entity other than the property owner, the property owner shall sign the application. An application for general plan review shall include the following maps, plans, designs and supplementary documents listed below unless determined by the Zoning Commissioner to be inapplicable or unnecessary. Additional submission requirements may be included on the application or required by the Zoning Commissioner, who shall also determine the number of copies to be submitted.

(1) The location of all existing structures and access points.

(2) The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site.

(3) The general location of all proposed construction including buildings and structures, parking areas, and access points.

(4) The location of existing and proposed topography, major vegetation features, and wooded areas;

(5) The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed streets and pedestrian circulation.

(6) A summary table showing total acres of the proposed development, the number of acres devoted to each type of land use including streets.

(7) Parking master plan as required by this section.

(8) Proposed phases if the project is to be developed in stages indicating the phase(s).

(9) Other documentation needed for the evaluation of the general development plan as may be needed to evaluate the general concept of the proposed development.

(f) Planning and Zoning Commission Review of General Development Plans. The Planning and Zoning Commission shall review a general development plan to determine if such application complies with the review criteria set forth below. In order to approve a general development plan, the Planning and Zoning Commission shall determine that:

(1) The plan is consistent with the Comprehensive Plan.

(2) The appropriate use and value of property within and adjacent to the area will be safeguarded.

(3) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

(4) The development will have adequate open spaces.

(5) The development will preserve and be sensitive to the characteristics of the site and the form of the built environment surrounding the subject site in a manner that complies with the applicable regulations set forth in this Zoning Code.

(Ord. 174-2008. Passed 9-2-08.)

1365.01 CONCEPT.

An Overlay District is a mapped zone that imposes a set of design requirements in addition to those of the underlying zoning district. In the event there are conflicts between the requirements of the underlying zoning district and the overlay district, the overlay district shall govern. Generally, the underlying zone determines the permitted land uses, while the overlay district may regulate building placement, lot coverage, site circulation and architectural design standards. Overlay districts may also set in place other regulations that meet the district's purpose.

(Ord. 245-2008. Passed 12-15-08.)

1365.02 ESTABLISHMENT AND AMENDMENTS.

(a) Procedures for Establishment. An Overlay District shall be established in accordance with the required procedures for a Zoning Map amendment pursuant to Section 1343.01. The boundaries of each Overlay District shall be clearly indicated on the zoning map of the City of Euclid.

(b) Criteria for Establishment. Any proposed overlay district under consideration shall be studied to determine:

(1) The purpose and intent of the overlay district under consideration;

(2) The existing character of the area;

(3) Development goals for the area;

(4) Boundaries of the overlay district under consideration;

(5) Development standards;

(6) Design standards, including landscaping, signage and parking.

(c) Amendments. Amendments to the Overlay District zoning text or zoning map boundaries of an established Overlay District shall follow the process per Chapter 1343.

(Ord. 245-2008. Passed 12-15-08.)

1365.03 APPLICABILITY.

(a) The provisions of this chapter shall apply to the following activities within Overlay Districts.

(1) All construction of new structures and new uses.

(2) All new signage exceeding two square feet.

(3) Alterations or expansions of existing structures, including pavement, or expansion of land uses, when the cost of the expansion or alteration exceeds 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records.

(4) Alterations to landscaping which impact the site perimeter, required buffer areas, and traffic control systems.

(b) The following activities are exempt from compliance with this chapter:

(1) Exterior alteration to any existing structure, including pavement, not in excess of 20% of the current total market value of the site as reported on the Cuyahoga County Auditor's records.

(2) Activities not requiring a building permit.

(3) Ordinary maintenance and repair of existing structures.

(4) Emergency action requiring immediate attention as ordered by the Building Commissioner.

(5) Any alteration or modification to an existing single-family or two-family residential structure.

(c) All exterior alterations to existing structures, whether or not subjected to the provisions of this chapter, shall be reviewed by the Architectural Review Board in accordance with Chapter 1327.

(Ord. 245-2008. Passed 12-15-08.)

1365.04 APPLICATION PROCEDURES.

(a) Site Plan Review Required. A site plan shall be submitted for review whenever a change to the site is proposed, including, but not limited to the following activities:

(1) All new construction of structures, including buildings, parking areas, and signs.

(2) Any modification to an existing use or site including, but not limited to expanding the building floor area, parking area, changing site circulation and alterations to landscaping.

(b) Site Plan Submission Requirements. An application for Site Plan Review shall be submitted to the Zoning Commissioner. The submitted site plan shall depict the location and dimensions of the following:

(1) All existing and proposed buildings, indicating the location of building entrance(s), setback from all lot lines, lot coverage, and height of buildings.

(2) All parking areas, access aisles, and access drives.

(3) Public outdoor spaces, landscaped areas, fences, walls, and pedestrian access aisles.

(4) Monument signs.

(5) Exterior building equipment and dumpster enclosures.

(6) Preliminary conceptual plans for the proposed building(s) showing exterior elevations and building floor plans, and potential materials.

(7) Any other details determined by the Zoning Commissioner to be needed in order to determine compliance with the Zoning Code.

(1) The Zoning Commissioner shall review the application to determine if the application is complete. The Zoning Commissioner shall forward the complete application to the Architectural Review Board for their review. The Zoning Commissioner shall identify any aspect(s) of the proposed site plan that does not comply with the zoning requirements.

(2) The Architectural Review Board shall review the application and shall approve any site plan determined to comply with the requirements of this Zoning Code.

(3) In the event a site plan does not comply with the regulations of the underlying Use District, general provisions of the Zoning Code and the dimensional standards set forth in Section 1365.05(c), the Architectural Review Board may approve the site plan subject to the granting of variances by the Planning and Zoning Commission. The Architectural Review Board may forward recommendations and/or comments on any requested variances to the Planning and Zoning Commission.

(d) Design Review Required. Following site plan approval, when required, and any other zoning approvals, but prior to any building permit being issued, all design elements of a proposed activity requiring compliance with this chapter shall be reviewed by the Architectural Review Board according to the procedures set forth in Chapter 1327. The applicant may choose to submit plans for design review simultaneously with an application for site plan review.

(e) Design Review Submission Requirements. In addition to the requirements set forth in Chapter 1327, the following items shall be submitted for design review.

(1) Exterior building elevations with all building materials identified for all visible building features and elements.

(2) Detailed landscape plans depicting the exact location of all plant material, a schedule of the proposed planting, including species, number, and size at planting and the irrigation system.

(3) Site details including parking lot screening, (i.e. fencing, walls, etc.) and equipment/dumpster enclosures.

(4) Detailed drawings showing the design of all signs, including size, content, style of lettering, logo and other graphic features, colors of the applied lettering and background, and materials of the sign(s) and the frame(s) or structure(s); and

(5) Any other details determined by the Zoning Commissioner to be needed in order to determine compliance with the Zoning Code.

(f) Design Review Determinations by the Architectural Review Board. In reviewing an application for Design Review, the Architectural Review Board may approve an application that either adheres to or is substantially equivalent to the requirements of this chapter as permitted below.

(1) The Architectural Review Board may consider the submitted design elements to be substantially equivalent to a requirement if:

A. The proposed plans for design review substantially comply with the design requirements and with the purposes, intent and basic objectives of this chapter;

B. The proposal results in a development of substantially equivalent or higher quality than that which could be achieved through strict application of such standards and requirements.

(2) It shall be the responsibility of the applicant to demonstrate to the Architectural Review Board that the provisions of this section have been satisfied. When evaluating the application with respect to this section, the Architectural Review Board shall make any finding of equivalency through approval of a specific motion or finding of fact which explains how and why the proposal has satisfied the above criteria.

(3) Deviations from the dimensional standards set forth in Section 1365.05(c) shall be granted only by the Planning and Zoning Commission according to Section 1365.04(c).

(g) Appeals. An applicant may appeal any decision made by the Architectural Review Board on site plan approval or design review approval to the Planning and Zoning Commission within 30 days after the date of said decision.

(Ord. 245-2008. Passed 12-15-08.)

1365.05 DOWNTOWN OVERLAY DISTRICT.

The Downtown Overlay District as specifically shown and established on the Zoning Map of the City of Euclid generally consists of the commercial area in the area of Lake Shore Boulevard/Babbitt Road/ E.233rd Street/ Shore Center Drive/ E.222nd Street.

(a) Purpose. The purpose of the Downtown Overlay District is to promote and sustain:

(1) Quality economic growth. Assure opportunities for a stable, vital, diverse, and competitive economy at the heart of the City.

(2) Vibrant downtown. Strengthen downtown as a vibrant, commercial, civic, residential, and cultural art center with its own unique identity.

(3) Downtown appearance. Improve and enhance the appearance of the built environment and natural features throughout downtown, especially along primary commercial corridors and other major arterials.

(4) Unique character. Establish design standards unique to our downtown district.

(5) Pedestrian environment. Improve and enhance the pedestrian environment throughout downtown, as well as the pedestrian connections to surrounding neighborhoods and civic resources.

(b) Intent. The intent of the Downtown Overlay District is to:

(1) Encourage a vibrant mix of pedestrian-oriented uses, including shopping, civic, arts, residential, and entertainment uses.

(2) Establish height, bulk, and lot coverage regulations that balance existing urban fabric with a desired character for downtown.

(3) Promote mixed-use, multi-tenant buildings with active ground floor tenant space by regulating the quantity and location of doors and windows.

(4) Establish standards for setbacks and landscaping that encourage and promote a strong pedestrian environment.

(5) Establish parking and access standards that support pedestrian activity.

(6) Encourage preservation of existing buildings fulfilling the purpose and intent identified herein.

(1) Building setbacks. For new construction, the building line shall be located within 20 feet of the street line. On corner lots, the building line may be set back a greater distance from the secondary street line in accordance with the underlying zoning.

(2) Building coverage. New building construction shall cover a minimum of 30% of the lot area.

(3) Minimum building height. For new construction, the minimum height of the building shall be 26 feet. See also Supplemental Height Regulations contained in Chapter 1379 .

(4) Parking setbacks. Parking lots shall be located a minimum of five feet and a maximum of ten feet from the street line.

(d) Parking Lot Standards and Streetscape Design.

(1) Shared parking is encouraged and when provided shall comply with Section 1389.05.

(2) Parking lots adjacent to streets shall be screened by a combination of decorative fencing, brick piers/walls, and columnar plantings. Such screening shall be designed to provide vertically to the streetscape. The Architectural Review Board may require the intermittent use of such screening in order to avoid a monotonous street frontage.

(3) Parking lots shall allow for pedestrian access particularly when pedestrian cross-access between adjacent lots exists. Pedestrian access ways shall consist of colored/stained concrete, brick, or unit pavers.

(4) Landscaped islands shall be provided in the interior of parking lots in accordance with the requirements set forth in Section 1389.12.

(5) Street trees with City standard tree grate or tree pit spaced at 25-foot intervals shall be located within the street right-of-way. A brick paving amenity strip per City standard shall be constructed along the length of the lot frontage.

(6) City standard benches and trash receptacles shall be installed within the amenity strip area and reasonably distributed based on the locations of public transit stops, public outdoor spaces, and pedestrian walkways from the interior of the lot.

(7) City standard decorative lights, spaced at a maximum of 80-foot intervals, shall be installed within the right-of-way or in the setback along the lot frontage.

(8) The design of a parking lot shall enable traffic movement within the lot to be the least impeded and not affect the traffic on the public street. Connections between adjoining lots shall be provided when practicable.

(e) Landscape Standards.

(1) Landscape materials shall be selected to create varied and attractive views and complement the architectural features of the building and lot amenities.

(2) Selected materials shall be those which prosper in an urban setting.

(3) Selected materials along pedestrian access aisles, sidewalks, and public outdoor spaces shall be varied to provide interest and color and be able to sustain pedestrian impact.

(4) Interior parking lot islands shall be vegetated with grass or similar low level plant material not to exceed two feet in height and shall contain at least one tree with a clear trunk height of six feet and a minimum caliper of two inches.

(5) Landscaped areas shall be appropriately irrigated to ensure the continued growth of plant materials.

(f) Building Standards for New Construction.

(1) Entrances. Buildings shall have their primary orientation to a street rather than a parking lot. The primary entrance shall be readily apparent as a prominent architectural component containing one of the following:

A. Recess.

B. Overhang.

C. Canopy.

D. Portico.

(2) Facade materials.

A. Brick, stone, precast concrete and other masonry application shall be used. Precast concrete should be used in the manner of stone but panels should not be embossed with brick or stone patterns.

B. Split face block is not permitted except as an accent material. When split face block is used, alternating coursing, varied block size, and change in material depth should be used to give the appearance of stone.

C. Standard modular brick with nominal dimensions of 4-inches by 2-3/4-inches by 8-inches is required. Large-scale bricks are allowed as architectural accents only.

D. Brick or stone should be laid in true bonding pattern.

E. Stacked bond brick patterns are discouraged unless used as a detail or accent to the rest of a building's facade.

F. Lintels in masonry walls should be articulated with elements such as brick soldier courses, stone, or precast concrete.

G. Stucco or EIFS systems are discouraged and shall only be permitted eight feet above finish floor level, only as an accent material and limited to 15% of the wall area.

H. Metal and other appropriate regional materials may be used as accent materials.

I. Changes in material and facade articulation at the base of the building are recommended.

J. Bulkheads below windows should be treated with a durable tamper proof cladding wherever they are adjacent to a pedestrian access way.

(3) Windows/fenestrations.

A. For ground floors facing primary streets, windows shall cover a minimum of 40% of the length of the facade and a minimum of 25% of the total wall area.

B. Windows shall not be darkened; reflective or spandrel glass is discouraged.

C. Windows shall be architecturally enhanced through framing features that add relief and visual interest.

D. Exterior roll-down security shutters and security bars shall not be permitted.

E. No flashing or neon lights shall be permitted to frame any windows.

(4) Parapets and cornices.

A. Elevations or portions of elevations that are visible from a public street or parking area should incorporate a cornice or other architectural element to top the building. Cornices may be projected brick, stone, precast courses, or molded fiberglass. They should be scaled approximately to the building mass and have a minimum height of one foot. Horizontal projections for cornices or other elements topping the building should be a minimum of two inches.

B. Pitched roofs shall be sheathed in dimensional asphalt shingles, metal roofing, clay tiles or slate. Non-dimensional asphalt shingles and rolled roofing shall not be permitted for pitched roofs.

C. Parapets shall be designed to conceal roof top mechanical units with no units visible from any adjacent street line.

(5) Awnings and canopies.

A. Awnings or canopies shall be provided along 40% of a building wall facing a primary street.

B. Awnings and canopies can be made of treated canvas, glass, steel and glass systems, aluminum, lexan or polycarbonate sheets.

C. Solid internally lit systems, shingled roof additions and fiberglass canopies are not permitted.

D. Awnings should only encompass space within the commercial storefront.

E. On buildings in which multiple retail stores exist awning configurations shall be complimentary in design. Compatible and complimentary colors shall be used for the awnings.

F. Awning colors should coordinate with the overall signage scheme for the building/retailer.

(6) Exterior lighting. Lighting of exterior facades is encouraged to accent architectural features and building entrances.

(g) Sign Standards.

(1) Due to the nature of the downtown area, the permitted wall sign area as defined in other chapters of this code shall be reduced by 20%.

(2) No new pole-mounted signs shall be permitted.

(3) Signage is encouraged to be unique in character and its relation to the type of business that it advertises. The 20% required wall sign area reduction as defined above will be waived for the following types of wail signs:

A. Individual pin-mounted channel letters.

B. Halo lighted channel letters.

C. Blade signs or other unique projecting building signage, when approved by the Planning and Zoning Commission with a support motion by the Architectural Review Board.

(4) Retail signage should be placed in specific areas designated for signage on the building's facade, such as a signage frieze.

(5) No box sign or murals shall be permitted.

(6) Window signs and awning signs shall be permitted but are calculated into the allowable sign area.

(7) Monument signs shall be designed with an enclosure using matching building facade materials with an area of at least 25% of the sign area. This enclosure area shall not be calculated into the allowable sign area. Monument signs shall be located along the street line within the building or parking lot setbacks.

(8) Signage on a building with multiple retail tenants shall be complimentary to each other and to the style of the building.

(9) In multi-tenant buildings, a Master Sign Plan shall be created and submitted with the initial sign permit application. The Master Sign Plan shall consist of the following items and shall be approved by the Architectural Review Board prior to the first sign permit being issued.

A. Sign details including illumination.

B. Location of wall signs on building facades.

C. Range of allowable sign colors.

Following approval of the Master Sign Plan, all requests for sign permits conforming to the Master Sign Plan shall be approved by the Zoning Commissioner.

(h) Public Outdoor Space.

(1) New construction or building expansion shall provide public outdoor space at a rate of 0.5% of the lot area or 150 square feet, whichever is greater.

(2) Public outdoor space may include seating areas, plazas, retail alcove and inner courtyard spaces. Entry alcoves and small outdoor pedestrian spaces may be located between the building and the street, subject to City code and provided such outdoor spaces do not obstruct pedestrian traffic.

(3) Public outdoor space shall be visible and accessible to the public and include the following:

A. City standard decorative lighting.

B. City standard bench(es) or low seating walls and trash receptacle(s).

C. Special paving consisting of colored/stained concrete, brick, or other unit pavers.

D. Special interest planting with a wide range of plant materials including perennials and flowering shrubs.

(4) The required public outdoor space shall be located to maximize public use based on the location of public transit stops, pedestrian access aisles, public sidewalks, and downtown attractions.

(5) Landscaping for the site shall be designed to enhance the public outdoor space.

(i) Existing Buildings.

(1) Preservation. The preservation and rehabilitation of existing buildings, in order to maintain the unique fabric of the Downtown Commercial district, is encouraged and recommended. This is especially applicable to buildings eligible for inclusion on the National Register of Historic Places and buildings designated as City of Euclid Landmarks.

(2) Rehabilitation Standards. Rehabilitation acknowledges the need to alter or add to a building in response to changing uses and contemporary needs while preserving its overall historic character. The rehabilitation, alteration and additions to existing historic buildings are encouraged to be completed in accordance with the Secretary of the Interior's Standards for Rehabilitation.

A. Rehabilitation objectives. Restore historic building facades to the fullest extent feasible. If it is determined that original materials cannot be restored, synthetic materials can be used to replicate traditional materials. Where the historic original features of a building are not known, develop compatible designs in keeping with proportion, rhythm, geometry, scale, materials and colors of the original facade.

B. Facade materials. Facade materials shall be restored to the extent possible. Brick, stone and other masonry materials should be repainted, cleaned and restored rather than painted or re-clad. If painting is necessary, colors should be chosen that approximate the original color of the masonry. Similarly, wood, metal, glass and other existing building materials shall be restored.

C. Windows and storefronts. Windows shall be restored if they exist, or if they are to be replaced, done so using windows that match in style and detail. True divided lites shall be used to the extent possible. Existing storefronts, including bulkheads and transoms shall also be restored.

(j) Equipment Screening and Trash Enclosures.

(1) Ground-mounted equipment, including but not limited to condensers, heat pumps, air handlers, gas service piping and meters, electrical transformers, loading docks, etc. shall be screened from public view.

(2) Exterior dumpsters shall be fully screened from public view by masonry enclosures with operable opaque gates. Enclosures shall be constructed of the same or compatible masonry material as the building. Operable gates shall be of a durable and easily maintained material.

(3) Multi-tenant buildings shall minimize the number of dumpsters and group dumpsters together.

(Ord. 245-2008. Passed 12-15-08; Ord. 62-2014. Passed 6-2-14; Ord. 120- 2024. Passed 10-7-24.)

1365.06 RESIDENTIAL PLANNED DEVELOPMENT (RPD).

(a) Planned Development: Purpose and Qualifying Conditions.

(1) Purpose. The purpose of these planned development regulations is to provide locations for one or more planned developments (hereinafter referred to as “planned development”) within the U1, U2, U3, U4, or CI Districts for which property owner(s) may propose and negotiate unique or flexible plans for development layouts, development standards, lot area, and height requirements and other features not otherwise permitted in these districts subject to approval by the City as provided herein. The purpose of these regulations is to encourage redevelopment of properties in a manner which generates significant value to the community responding to current residential markets.

(2) Qualifying conditions for planned development.

A. Only property located within the U1, U2, U3, U4, or CI Districts may be approved for a planned development.

B. The area of land proposed for a planned development shall:

1. Contain at least one contiguous acre exclusive of existing public rights-of-way.

2. Have access to an existing improved public road and frontage thereon of not less 40 continuous feet.

3. Not be divided by existing public roads or other areas which limit use for purposes Of the planned development.

C. The land for which a planned development application is submitted must be in single ownership or the subject of an application filed collectively by all owners of the properties intended to be included within the planned development. All land included within a planned development shall be under the control of the applicant, whether that applicant is an individual, partnership, or corporation or group of individuals, partnerships or corporations. Applicants shall present firm evidence, at the time of application, of unified control of the entire area within the proposed development. Except as specifically approved in the final development plan, unified control shall be maintained at all times that the planned development is in effect.

D. Except as otherwise approved in the preliminary and final development plans, the planned development shall comply with and contribute to the implementation of the applicable goals and specific objectives set forth in the current City of Euclid Master Plan and other adopted plans of the City.

(b) Planned Development: Specific Requirements.

(1) Uses in planned development. Permitted uses shall be one or more of the following:

A. Single-family dwellings, attached or freestanding.

B. Two-family dwellings.

C. Apartment houses.

D. Public park, public walkway, public bike route.

E. Group housing units limited to adult family homes and residential facility family homes.

F. Family day care home, Type B.

G. Commercial use. A commercial use or uses may be approved within a freestanding structure or a structure containing dwellings. At a minimum, the use shall comply with the following standards:

1. Shall be located on a site on which commercial uses are permitted or on a site which abuts a lot on which commercial uses are permitted.

2. Shall be found to be compatible with and supportive of the residential uses of the site as well as with the off-site surrounds.

3. Shall be located on the first floor only.

4. Shall not exceed 10% of the total floor area of a structure containing dwellings unless recommended by the Planning Commission and approved by City Council.

5. The proposed commercial use or uses to be permitted shall be identified in the development plan. Additional commercial uses which may be permitted in future re-use of the commercial space may also be identified in the development plan.

(2) Lot, area, yard and height requirements. Lot, area, yard and height requirements shall be as recommended by the Planning and Zoning Commission and as approved in the development plans based upon finding that they are appropriate as features of the integrated design of the planned development. See also Supplemental Height Regulations contained in Chapter 1379 and Supplemental Area Regulations contained in Chapter 1381 .

(3) Density of dwelling units; density bonus. For the purposes of this division, dwelling density shall be calculated by dividing the total number of dwelling units proposed in the planned development by the total acres in the proposed planned development.

A. Density of dwelling units. A planned development may be approved with a density of up to 8.0 dwelling units per acre in the A1 Area District and up to 17.0 dwelling units per acre in the A2 and A4 Area Districts and in the CI Use District.

B. Density bonus. If recommended by the Planning and Zoning Commission and approved by City Council, a planned development may be approved with a density of up to 10.0 dwelling units per acre in the A1 Area District and up to 21.0 dwelling units per acre in the A2 and A4 Area Districts and in the CI Use District. The density bonus may be approved in consideration of one or more of the following features approved and constructed in the planned development:

1. Drainage facilities such as ponds or waterways designed as open space amenities in common or public areas together with walkways, seating areas, or similar passive recreation facilities.

2. Landscaped open spaces located on the site to provide separation from and buffering between the proposed development and abutting residential areas.

3. Walkways/bikeways for public use connecting neighborhoods through the proposed development.

4. Walkways/bikeways for public access to Lake Erie.

5. Easements for public access along the Lake Erie shore.

6. Dwelling unit amenities providing private access to the outdoors such as porches, balconies, patios, rooftop areas.

7. Private or public recreational facilities such as swimming pools, tennis courts.

8. Legal provisions for development-wide maintenance of all exterior building and site features by a single owning/operating entity, homeowners association, condominium association, or similar legal entity.

9. Obtain certification for LEED-ND Neighborhood Development and/or LEED Homes.

(4) Floor area. Dwellings approved within a planned development shall be exempt from the requirements of Chapter 1381 . Minimum floor areas for proposed types of dwellings within a planned development shall be as approved in the development plans based on factors such as demonstration of current market demand, evaluation of the functionality of proposed unit floor plans, and compliance with applicable health and safety regulations.

(5) Parking. Parking regulations in Chapter 1389 Off Street Parking shall apply. The owner of a planned development may propose specific variations to the applicable parking regulations for the planned development to be reviewed and acted upon by the Planning and Zoning Commission. Specific variations may be approved based on finding that they are appropriate due to the uses, size, layout, and/or integrated design of the development.

(6) Signs. Sign regulations in Chapter 1390 Sign Regulations shall apply. The owner of a planned development may propose specific variations to the applicable sign regulations for the planned development to be reviewed and acted upon by the Planning and Zoning Commission. Specific variations may be approved based on finding that they are appropriate due to the size and integrated design of the development and do not otherwise provide excessive or undue sign rights to the subject property.

(7) Infrastructure.

A. Public utilities. The applicant for a planned development shall demonstrate the availability of public water and public sanitary sewer with sufficient capacity to serve the proposed development and shall either demonstrate the capacity to finance and construct any necessary off-site improvements or demonstrate that other responsible parties will finance and construct such improvements.

B. Roads. Dedicated public roads shall be constructed within planned developments as determined necessary for functional, safe, and effective public and private vehicular access to, within, and through the planned development and in compliance with applicable subdivision requirements of the City. Provisions for future extensions of public roads into abutting properties may be required as determined necessary for a properly coordinated system of public roads in the planned development and its surrounds.

C. Private roads. Private roads may be approved where public roads are not required to comply with the above provisions. Where lots are proposed without direct frontage on public roads, easements or other legal provisions shall be established to ensure sufficient continuous vehicular access, facilities, and maintenance thereof in perpetuity.

D. Subdivision improvements. A planned development shall be developed in compliance with City subdivision regulations.

(c) Planned Development: Plan Review Standards. In determining whether to recommend approval or denial of an application for a planned development, the Planning and Zoning Commission shall consider whether the proposed development meets all applicable requirements and qualifying conditions as well as the following standards:

(1) Purpose. The planned development shall be consistent with the stated purposes of this Zoning Code.

(2) Master plan. Except as otherwise approved in the preliminary and final development plans, the planned development shall comply with and contribute to the implementation of the applicable goals and specific objectives set forth in the current City of Euclid Master Plan and other adopted plans of the City.

(3) Surrounding uses. The planned development shall be compatible with the uses permitted on properties surrounding the subject property and/or shall provide such features as feasible to reasonably mitigate the impact of proposed uses upon surrounding properties.

(4) Natural environment. The layout and features of the planned development shall, to the extent deemed reasonable, be designed and constructed in a manner which minimizes impacts upon major natural features of the site and surrounding area and shall employ best management practices to promote their conservation.

(5) Public facilities and services. The planned development shall not place an undue burden on the capacity of public facilities and services such as, but not limited to, roads, fire and police protection, water, sanitary sewer service, and drainage.

(6) Protects health, safety, and welfare. The planned development shall not contain uses or conditions of use that may be injurious to the public health, safety or welfare.

(7) Consistent with all applicable standards and requirements. The planned development shall conform to all applicable requirements of this Zoning Code.

(8) Final development plan. The final development plan shall be substantially consistent with the representations made and plans approved during the preliminary development plan stage of approval.

(9) Recognizable and substantial benefits. Approval of the planned unit development shall result in a recognizable and substantial benefit to the users of the project and to the community which would not otherwise be feasible or achievable under conventional zoning districts.

(d) Planned Development: Plan Application, Review, and Approval Procedures.

(1) Preliminary development plan procedures.

A. Pre-application conference. The applicant for a planned development is encouraged to request a meeting with the Commissioner of Planning and Zoning prior to submitting an application for the purposes of reviewing the applicable regulations and to obtain other information relevant to the proposal. Applicants are encouraged to confer with public officials and agencies who may be involved in the review and approval of the proposed development, including but not limited to the Service Director and Fire Prevention Officer.

B. Application for preliminary development plan. An application for a preliminary development plan shall be submitted to the Planning and Zoning Commission by the owner, owner's authorized representative or option holder of the property that is the subject of the application. The application shall be submitted on a form provided by the City, a preliminary development plan, and a narrative containing the information specified below.

1. Preliminary development plan. A preliminary development plan shall be submitted including the following:

a. Name, address, phone number and email address of the applicant.

b. Name, address, phone number and email address of the professional or firm that prepared the plan.

c. Legal description of the property.

d. North arrow, scale and title block.

e. General location map.

f. Property boundary survey.

g. Adjacent buildings and structures within 200 feet of the property boundaries.

h. All perimeter streets abutting the property, including right-of-way width.

i. Existing topographic conditions (two-foot intervals).

j. Existing natural features (including but not limited to steep slopes, woods, ponds, streams, wetlands).

k. Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan.

l. Uses proposed within the planned development and general locations.

m. Conceptual layout and site plan of the development illustrating the general location of interior streets, access points to abutting streets, common areas and facilities, areas to be developed by type of use, parking areas, and easements.

n. Preliminary elevation drawings (or typical elevations if repetitive building types) for all buildings proposed to be constructed or renovated.

o. Number of dwelling units proposed, floor areas of all units, and preliminary floor layouts for all dwelling units.

p. The Planning and Zoning Commission may require the applicant to provide an opinion from a qualified traffic engineer to determine whether the proposed development will generate traffic impacts which may necessitate off-site street improvements. The Planning and Zoning Commission may require a traffic impact study to assess the impacts of proposed development on existing traffic facilities, to determine the feasibility of accommodating the traffic, and to identify specific improvements and proposed sources of funding for the improvements. Required improvements should be not only those directly on the frontages of the subject site but also those which can be determined necessary to mitigate the impacts on roads and facilities utilized to access the site or area.

q. If any variations to the applicable regulations for signs or parking are proposed, a description of each of the specific variations.

r. Any other information deemed necessary by the Planning and Zoning Commission to determine the character of the proposed development and compliance with these regulations.

s. Modifications of planned development requirements. The applicant for a planned development shall identify in writing all proposed deviations from or modifications of the requirements for a planned development. Such deviations or modifications may be approved by City Council during the preliminary development plan review after Planning and Zoning Commission recommendation. Such deviations or modifications may be permitted only if they will result in a higher quality and more sustainable development consistent with the purposes of the planned development regulations.

2. Project narrative. A written statement shall be submitted providing the following information:

a. Statement of how the proposed planned development meets each of the applicable provisions of this zoning ordinance.

b. Identification of the present owners of all land within the proposed project.

c. Explanation of the proposed character of the planned development, including a summary of acreage by use, number, and type of buildings, minimum lot sizes by type of use.

d. A general description of the proposed development schedule and anticipated phases.

e. Intended agreements, provisions and covenants to govern the use of the planned development, and any common areas or facilities.

3. Application fee; professional assistance expenses. The applicant shall submit an application fee equal to either one thousand dollars ($1,000) per acre of land or one hundred dollars ($100.00) per proposed dwelling unit, whichever amount is greater. When the City determines that it is necessary to engage one or more qualified professional civil engineers, planners, appraisers, architects, or attorneys to assist in evaluating a proposed preliminary development plan, the City shall obtain proposals for the services and estimated costs thereof. The applicant shall submit to the City a cash deposit in the amount of the estimated costs. Any balance of unused deposited funds shall be returned to the applicant within 60 days after the application is approved or denied.

C. Application review; Planning and Zoning Commission hearing. The Commissioner of Planning and Zoning shall review the application to determine if it contains all items and information required. When it is determined that an application is complete, the Commissioner shall set the date for a public hearing.

1. Notice of hearing. The following notices shall be provided:

a. Written notice of the hearing shall be mailed by first class mail to the property owner(s) and to the owners of the properties contiguous to and directly across the street from the subject property. The notice shall be sent at least 10 business days before the day of the hearing and shall contain the time, place and purpose of the hearing. A failure to notify, as provided in this section, shall not invalidate any proceedings or actions taken by the Planning and Zoning Commission or City Council.

b. Notice to the general public of the Planning and Zoning Commission's agenda shall be publicized on the City website at least 10 days prior to the date of the hearing.

2. Requests for agency reviews. Upon setting the date for a hearing, the Commissioner of Planning and Zoning may submit the application to such agencies and professionals as the Commissioner deems necessary, which may include but not be limited to the Service Director and Fire Department.

3. Architectural Review Board. An application shall be submitted to the Architectural Review Board for preliminary design review recommendations to the Planning Commission. Time of application shall be as agreed by the Board and by the applicant but recommendations shall be forwarded to the Planning and Zoning Commission prior to the Commission recommendation to City Council.

4. Public hearing. The Planning and Zoning Commission shall conduct the public hearing in accordance with its rules of procedure.

5. Recommendation. Not more than 90 days after the public hearing, the Planning and Zoning Commission shall forward a recommendation to City Council that the Preliminary Development Plan be approved as presented, approved with supplementary conditions, or not approved. If agreed with the applicant, the Commission may delay its recommendation.

D. City Council action. Within 60 days of receiving the recommendation from the Planning and Zoning Commission, City Council shall conduct a public hearing prior to taking final action on the preliminary development plan.

1. Notice of hearing. Notice shall be provided in the manner set forth for the Planning and Zoning Commission review above.

2. Public hearing. City Council shall conduct a public hearing in accordance with its rules of procedure.

3. Action. After the public hearing, City Council shall vote to approve, approve with supplementary conditions or disapprove the preliminary development plan.

4. Failure of the applicant to comply with any conditions of approval shall be considered a violation of the Zoning Code and shall be subject to all applicable enforcement, remedies and penalties available to the City in law or equity and as provided for in this Code.

5. Effect of Council action. City Council action approving a preliminary development plan authorizes the applicant to prepare and submit a final development plan, but not to initiate construction or take any other action. Approval of a preliminary development plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval of the general layout, building types, and essential features submitted on the preliminary plan and as a guide to the preparation of the final plan, which will be submitted for approval of the Planning and Zoning Commission upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. City Council action disapproving a preliminary development plan shall halt any other action on the part of the City with regard to the plan. The City Council may authorize the applicant to submit an amended preliminary development plan.

(2) Final development plan procedures. The following procedures shall be followed for the review of the final development plan.

A. Timing. An application for final development plan approval shall be filed not later than 24 months after the effective date of City Council approval of the preliminary development plan, otherwise, the preliminary development plan approval shall expire. Three one-year extensions may be authorized by the Planning and Zoning Commission for good reason and justifiable cause. The applicant must demonstrate they have made a good faith attempt to work towards a final development plan submittal. The applicant shall submit the request for an extension in writing to the Planning and Zoning Commission who shall make a written determination regarding its decision to extend or deny the extension. Both the request and the determination shall be made part of the record. If the applicant fails to submit a final development plan within this timeframe, the approved preliminary development plan shall be deemed to have expired and the applicant must submit a new planned development application to the Planning and Zoning Commission.

B. Application. An application for approval of the final development plan shall be submitted by the property owner or owner's authorized representative. The application shall be filed on a form provided by the City, including a final development plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning and Zoning Commission.

1. Final plan. A final development plan, substantially consistent with the approved preliminary development plan shall be submitted with the required application. The final plan shall contain all information deemed necessary by the Planning Commission to confirm compliance with the provisions of this chapter and with all other applicable regulations. At a minimum, the application for final development plan shall include:

a. The proposed locations of all uses including but not limited to dwellings, open spaces, commercial uses, and infrastructure.

b. A subdivision plan or other survey indicating the locations of all lots, rights-of-way, easements, and other divisions of land.

c. A grading plan indicating existing and planned topography.

d. A stormwater facilities plan.

e. Landscape plan.

f. Building elevations, materials.

2. Project narrative. A project narrative shall also accompany the application and final development plan and provide the following:

a. Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership, and control of development and common areas;

b. Identification of the entity responsible for maintenance of common areas;

c. The total number and locations of buildings; if a phased development, totals, types and locations by phase;

d. Improvements that would be the responsibility of the applicant such as the construction of roads, intersection improvements, parks, utilities, pathways, sidewalks, and similar elements; and

e. An anticipated development schedule by phase, if applicable.

f. A proposed schedule or sequence for coordination of other required approvals, including but not limited to subdivision approvals which may include simultaneous applications, reviews, and approvals subject to acceptance of such schedule by the City.

g. Performance guarantee/development agreement. In conjunction with the approval of a final development plan, the applicant shall be required to provide a performance guarantee for all public and common improvements, in accordance with applicable subdivision regulations. A development agreement may be required to address additional issues specific to the planned development.

3. Professional assistance expenses. When the City determines that it is necessary to engage one or more qualified professional civil engineers, planners, appraisers, architects, attorneys and/or any other professional consulting services to assist in evaluating a proposed final development plan, the City shall obtain proposals for the services and estimated costs thereof. The applicant shall submit to the City a cash deposit in the amount of the estimated costs. Any balance of unused deposited funds shall be returned to the applicant within 60 days after the application is approved or denied.

4. Additional information. The Planning and Zoning Commission may require additional information beyond what is specifically required if, in its judgment, more detailed information is necessary due to the size, anticipated impacts or complexity of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site.

5. Phased projects. If a planned development is to be constructed in two or more phases, final development plan approval may be granted for individual phases provided that a complete plan for the entire planned development was first given preliminary development plan approval and that each subsequent phase shall be submitted for final development plan approval and is consistent with the approved preliminary development plan. Each phase shall have adequate provision for access, parking, open space, stormwater management, and other public improvements to serve the development. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas to prevent any adverse impact on completed phases, future phases, and adjoining property.

C. Planning and Zoning Commission review; approval; disapproval and appeal of disapproval.

1. The application materials shall be forwarded to the Commissioner of Planning and Zoning for review. Within 45 days after submittal of a complete application, the Commissioner shall schedule the application for review by the Planning and Zoning Commission.

2. The application shall be submitted to the Architectural Review Board for review and recommendations to the Planning and Zoning Commission. Time of application shall be as agreed by the Board and applicant but recommendations shall be forwarded to the Planning and Zoning Commission prior to approval of the final development plan.

3. The Planning and Zoning Commission shall review the application and, within 60 days after the first scheduled meeting for review (or longer if agreed by applicant) and take action to approve the final development plan, approve it with supplementary conditions, or disapprove the plan.

4. The final development plan shall be approved if it conforms with the preliminary plan. Approval by the Planning and Zoning Commission shall authorize the applicant to proceed with the planned development subject to all applicable regulations, conditions, and agreements.

5. Disapproval of the final development plan by the Planning and Zoning Commission shall halt any other action on the part of the City with regard to the plan unless the Commission authorizes the applicant to resubmit an amended final development plan or the applicant submits an appeal of the disapproval.

6. Within 60 days after disapproval by the Planning and Zoning Commission, the applicant may submit a written appeal to City Council for review and approval of the final development plan.

(e) Planned Development: Additional Procedures.

(1) Commencement of construction; progress reports; revocation of approval. Construction shall commence and proceed meaningfully toward completion subsequent to final development plan approval, or approved phases thereof, in accordance with the following:

A. All required permits and approvals for site development, and construction of buildings and other improvements shall be applied for and obtained prior to commencement of construction.

B. The applicant shall submit progress reports every six months after approval of the final development plan to inform the Planning and Zoning Commission of the status of plans and designs, financing, and anticipated construction schedule.

C. For purposes of this section, meaningful progress toward completion shall mean, at a minimum, all of the following: site clearing, rough grading, and installation of infrastructure improvements: sanitary sewer, stormwater facilities including stormwater management facilities, and water mains.

D. If construction has not commenced within 24 months, the applicant may request one extension of up to 24 additional months. The request shall be submitted, in writing, to the Planning and Zoning Commission prior to the expiration of the original 24-month time limit and shall provide reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing a delay in commencement of the planned development. If an extension is not requested or is not submitted prior to the expiration of the original time limit, the final development plan shall become null and void.

E. Following the expiration of the foregoing time limits, City Council may initiate proceedings to revoke approval of the planned development.

(2) Amendments, approval of minor changes. Changes to an approved final development plan shall be permitted only under the following circumstances:

A. The holder of an approved final development plan shall notify the Commissioner of Planning and Zoning of any proposed change to the approved final development plan.

B. Minor changes may be approved by the Commissioner of Planning and Zoning upon determining that the proposed revision(s) will not alter the basic design of the site and buildings nor any specified conditions or commitments imposed as part of the original approval. Minor changes are one or more of the following:

1. Reduction or increase in building size up to 5% of the total approved floor area for the building, but not changes to approved unit floor areas;

2. Movement of a building or other structure to a location that meets all required setbacks but generally as approved in the final development plan;

3. Changes in parking layout that do not alter the number of spaces by more than 5% of the total spaces within the parking area and do not change the location of driveways or roads providing access to the parking area. The Commissioner of Planning and Zoning shall not reduce the number of parking spaces below the minimum requirements of Chapter 1389, Off-Street Parking and Loading.

4. Changes required or requested by a county, state or federal regulatory agency in order to conform to other laws or regulations provided the changes do not constitute substantial deviations to the approved plan.

C. A proposed change to an approved final development plan that does not meet one of the criteria above shall be considered an amendment to the approved final development plan and a request for modification shall be submitted to the Planning and Zoning Commission and reviewed in accordance with the procedures established for the final development plan review and approval process.

D. When, in the judgment of the Commissioner of Planning and Zoning, the proposed requested modification(s) substantially deviates from the approved preliminary development plan, the requested modification(s) shall be reviewed by the Planning and Zoning Commission as an amended preliminary development plan and shall be reviewed in accordance with the provisions of this chapter for the approval of a preliminary development plan, including the requirements for Council approval. Substantial deviations to the preliminary development plan shall include but not be limited to: more or fewer buildings; building heights 25% or more higher than previously approved; dwelling units with floor areas smaller than originally approved; and reduction, removal or significant alteration of approved features provided in support of a density bonus.

(3) Expansion of planned development area. A property which is contiguous with but not contained within the area of a previously approved planned development may apply for approval of an expansion of the contiguous planned development provided that construction of the original, contiguous planned development has commenced, has proceeded meaningfully toward completion, or has been completed. The proposed area of expansion shall contain at least one quarter acre and shall comply with all requirements of this section for applications, reviews and approvals and shall demonstrate consistency and compatibility with the development plans approved for the contiguous planned development as determined necessary by the Planning Commission. The expansion of planned development area shall be subject to recommendation by the Planning and Zoning Commission and approval by City Council.

(Ord. 36-2019. Passed 4-15-19; Ord. 120-2024. Passed 10-7-24.)

1368.01 PURPOSE.

When a proposed use is permitted in a zoning district as a conditional use, as set forth in the Use District Regulations, conditional use approval is required and the application for such conditional use approval shall be submitted and reviewed according to the standards outlined in this Planning and Zoning Code.

(Ord. 174-2008. Passed 9-2-08.)

1368.02 PRE-APPLICATION MEETING ENCOURAGED.

The applicant is encouraged to meet with the Zoning Commissioner prior to submitting an application for conditional use approval. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.

(Ord. 174-2008. Passed 9-2-08.)

1368.03 SUBMISSION OF APPLICATION.

The owner, or agent thereof, of property for which such conditional use is proposed shall file an application for conditional use review with the Zoning Commissioner. Submission of the application shall also include the application fee, as set forth in the schedule of fees adopted by City Council. The application for conditional use review shall include the following:

(a) A complete description of the proposed use shall disclose all uses proposed for the development, their location, extent, and characteristics; and

(b) A development plan and associated documentation indicating all anticipated future uses of the site, when required.

(c) The application shall contain sufficient information for the City Planning and Zoning Commission to determine the suitability of the proposed use on the site. The applicant bears the burden of presenting evidence to the City Planning and Zoning Commission that is sufficient to lead the Commission to conclude that the conditional use permit should be granted.

(Ord. 174-2008. Passed 9-2-08.)

1368.04 CONDITIONAL USE APPLICATION PROCEDURES.

(a) Review for Completeness. Within three days after receiving an application for conditional use review, the Zoning Commissioner shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Commissioner shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Commissioner shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the City Planning and Zoning Commission's agenda.

(b) Distribution of Plans. When the Zoning Commissioner determines that the application is complete, the Zoning Commissioner shall forward the application to appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Commissioner.

(c) Transmission to the City Planning and Zoning Commission. The Zoning Commissioner shall distribute the application for conditional use permit and any reports prepared by the individuals in subsection (b) above to the City Planning and Zoning Commission, prior to the time of the Commission's review at their next regularly scheduled meeting.

(Ord. 174-2008. Passed 9-2-08.)

1368.05 PUBLIC HEARING AND NOTICE BY THE CITY PLANNING AND ZONING COMMISSION.

(a) The City Planning and Zoning Commission shall hold a hearing on the conditional use permit application within 30 days after a complete application has been filed unless otherwise agreed by the applicant. Written notice of the hearing shall be sent at least ten days prior to the hearing by first class mail to the applicant and to the owners of record, as they appear on the County Auditor's or Treasurer's current tax list, of all parcels located within 60 feet of the subject parcel.

(b) The notice of such hearing shall state the time, place, date, and subject of the hearing. The failure of delivery of such notice shall not invalidate any subsequent proceedings. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.

(c) The City Planning and Zoning Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.

(Ord. 174-2008. Passed 9-2-08.)

1368.06 GENERAL CRITERIA FOR ALL CONDITIONAL USES.

A conditional use and uses accessory to such conditional use shall be permitted in a district only when specified as a conditional use in such district and only if such use conforms to the following criteria, which are in addition to standards and regulations set forth in applicable sections of this Planning and Zoning Code.

(a) The City Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:

(1) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(2) The conditional use will not be detrimental to property values in the immediate vicinity.

(3) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing existing or intended character of the general vicinity.

(4) The establishment, maintenance or operation of the conditional use will not endanger the public health, safety or general welfare.

(5) The conditional use will not be more hazardous or more disturbing to the existing and future use and enjoyment of properties in the immediate vicinity than uses that are permitted by right, nor substantially diminish or impair property values within the neighborhood.

(6) The conditional use will be minimally impacted in the future by surrounding uses permitted by right that may be incompatible with the proposed conditional use.

(7) The conditional use will be designed and constructed so that:

A. All access drives, access points to public streets, driveways, parking and service area shall be in compliance with the regulations set forth in Part Nine Streets, Utilities, and Public Service Code.

B. The sites will be properly landscaped in accordance with Chapter 909 and other applicable provisions of the Planning and Zoning Code.

(8) The application complies with the specific conditions, standards and regulations set forth in this chapter, which are established for the particular conditional use proposed.

(b) The City Planning and Zoning Commission may require the applicant to submit additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.

(Ord. 174-2008. Passed 9-2-08.)

1368.07 ACTION BY THE CITY PLANNING AND ZONING COMMISSION.

(a) The City Planning and Zoning Commission shall take one of the following actions:

(1) Approve. If the City Planning and Zoning Commission determines that the proposed conditional use is appropriate and in conformance with the review criteria outlined in Section 1368.06 above, it shall approve the conditional use application as submitted.

(2) Approve with Conditions. Approve the conditional use application subject to specific conditions not included in the application as submitted. The City Planning and Zoning Commission may prescribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary and in conformance with the intent and purposes of Section 1368.06.

(3) Deny. The City Planning and Zoning Commission shall deny the application if it concludes that the proposed conditional use will not be in compliance with the requirements of this Planning and Zoning Code. Such action shall be stated in writing and include specific findings, based upon the evidence submitted, justifying such a conclusion.

(b) If the City Planning and Zoning Commission fails to act within 60 days from the date the application was officially accepted by the Zoning Commissioner, or an extended period as may be agreed upon, then the applicant may deem the application denied.

(Ord. 174-2008. Passed 9-2-08.)

1368.08 TERMS AND DURATION OF CONDITIONAL USE APPROVAL.

(a) Conditional use approval shall authorize a particular conditional use on a specific parcel for which it was approved. Conditional use approval issued pursuant to this chapter shall be valid only for the use and the operation of such use as specified on the permit. Any change in the operation, from those activities authorized on the conditional use permit, shall necessitate an amendment to such approval in accordance with Section 1368.09.

(b) The breach of any condition, safeguard or requirement shall constitute a violation of this Zoning Code.

(c) The conditional use approval shall expire in six months unless construction permits are in effect or unless in the opinion of the Zoning Commissioner, substantial progress in the establishment of the use is accomplished or as otherwise specifically approved by the City Planning and Zoning Commission.

(Ord. 174-2008. Passed 9-2-08.)

1368.09 AMENDMENTS TO CONDITIONAL USE PERMIT.

Procedures for the amendment of the conditional use approval shall be the same as for the original permit application, with the exception that minor changes thereto, as determined by the Zoning Commissioner, shall not require the resubmission of a new conditional use permit application and may be approved by the Zoning Commissioner. “Minor changes” to a conditional use approval shall include, but not be limited to:

(a) Alterations that do not increase the gross floor area of a building or the size of a structure; and

(b) Change in ownership that does not change the range and characteristic of the use; hours of operation; parking requirements or parking lot layout; increase in the amount of traffic to and from the site; the number, size or placement of signs; or any other aspects of the originally approved conditional use, except for the name of the business or organization.

(Ord. 174-2008. Passed 9-2-08.)

1368.10 RE-APPLICATION.

The Zoning Commissioner shall not accept a re-application for conditional use approval that was denied by the City Planning and Zoning Commission unless the re-application is based on a substantially revised application that addresses the reasons for the denial of the initial application. A re-application shall comply with all the requirements of this chapter, including payment of the required fee.

(Ord. 174-2008. Passed 9-2-08.)

1368.11 SPECIFIC REGULATIONS FOR CONDITIONAL USES.

The regulations for specific uses contained in Sections 1368.12 through 1368.15 are for certain land uses and are in addition to the standards and other sections of this Planning and Zoning Code. A conditional use shall conform to the requirements set forth in the Use District Regulations of the district in which it is located and to other substantive requirements of this Planning and Zoning Code. Whenever there is a difference between the provisions of the conditional use regulations and the district regulations, the most restrictive provision shall prevail, unless clearly indicated differently in the regulations.

(Ord. 174-2008. Passed 9-2-08.)

1368.12 CHURCH/RELIGIOUS ASSEMBLY.

The specific regulations for a church/religious assembly shall be as follows:

(a) The minimum lot size shall be 43,560 square feet.

(b) The minimum lot width shall be 200 feet.

(d) The City Planning and Zoning Commission may require all outdoor children's activity areas to be enclosed by a fence or wall to ensure the safety of the children, depending on the design and location of the activity area.

(e) All activities, programs and other events shall be listed on the conditional use permit application and be directly related to the conditional use permit so granted. These activities shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general. If any additional activities are proposed that were not included on the approved conditional use permit, then a new conditional use application shall be required according to the procedures in this chapter.

(f) Associated uses shall be located on the same zoning lot as the principal use and comply with the building setback requirements set forth in this Planning and Zoning Code.

(g) No outdoor activity area, such as a swimming pool, ball field or court shall be permitted unless the lot area is two acres or more. When an outdoor activity area adjoins a residential zoning district boundary, these activity areas shall be setback 40 feet from any side or rear lot line. The hours of operation of outdoor activity areas shall be limited to that specifically authorized by the City Planning and Zoning Commission as part of the conditional use approval.

(h) Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.

(i) Parking shall be located behind the front line of the principal building. An exception to this requirement may be granted due to the shallow depth of a parcel, the location of existing mature trees, proposed installation of landscape buffer strip or other similar circumstances.

(j) Applicants must clearly demonstrate that the use will not cause a nuisance to neighboring properties with respect to traffic, parking, and noise. Drop-off areas may be located in the front yard, but shall maintain a residential character and appearance.

(k) Exterior lighting shall be compatible with the surrounding neighborhood.

(l) Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(m) The scale, massing, and building design shall be compatible with the surrounding neighborhood.

(n) Decorative appurtenant structures not exceeding 2% of the primary building footprint may exceed 35 feet in height when approved by the Architectural Review Board.

(Ord. 174-2008. Passed 9-2-08.)

1368.13 GROUP HOUSING UNITS.

The specific regulations for group housing units, limited to adult group homes and residential facility group homes, shall be as follows:

(a) For the purposes of these regulations, the above terms are defined and regulated as follows:

(1) Adult group homes are licensed by the Ohio Department of Health to provide accommodations, and other services that may include assistance in daily living activities and self-administration of medicine, and preparation of special diets to six to 16 unrelated adults (typically elderly).

(2) Residential facility group homes are licensed by the Ohio Department of Mental Health to provide accommodations, personal care, supervision, habilitation services and mental health services in a family setting to nine to 16 mentally retarded or developmentally disabled persons.

Prior to a handicapped person commencing residence in a residential facility group home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. § 3602(h) of the Federal regulations.

(b) The group housing unit shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency and shall retain the required license from the appropriate State department at all times. Failure to do so shall be a violation of this Planning and Zoning Code.

(c) All activities, programs and other events shall be directly related to the conditional use permit applied for and as it is granted, and any changes from the approved conditional use permit shall be reviewed and approved by the City Planning and Zoning Commission according to the procedures in this section. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.

(d) The architectural design and site layout of the group housing unit and the height of any walls, screens, or fences connected with any said group home shall be compatible with adjoining land uses and the residential character of the neighborhood.

(e) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.

(f) No group housing unit shall be located within 500 feet of another group housing unit. Separation distances are measured from property line to property line by the shortest distance.

(g) The group housing unit shall meet local fire safety and building code requirements for the proposed use and level of occupancy.

(h) Signs or other means of identifying a group housing unit shall not be permitted.

(Ord. 174-2008. Passed 9-2-08.)

1368.14 PUBLIC LIBRARY; PUBLIC OR PRIVATE SCHOOL, ELEMENTARY AND SECONDARY.

The specific regulations for a public library and a public or private elementary or secondary school shall be as follows:

(a) Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods, with the exception of elementary schools. Elementary schools may be located on local streets provided documentation is supplied that indicates a majority of students are within walking distance of the elementary school.

(b) Entrances to the site should be minimized, located as far as practicable from existing intersections in order to maximize traffic safety and minimize congestion and constricted turning movements, and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

(d) The maximum lot coverage shall be 50%.

(e) The minimum side setback shall be 20 feet.

(f) All activities, programs and other events shall be listed on the conditional use permit application and be directly related to the conditional use permit so granted. These activities shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general. If any additional activities are proposed that were not included on the approved conditional use permit, then a new conditional use permit shall be requested according to the procedures in this chapter.

(g) The structure shall be street oriented with the principal entrance oriented toward the public street.

(h) A pedestrian walkway shall be provided from the public sidewalk to the principal entrance.

(i) Parking shall be located behind the front line of the principal building. An exception to this requirement may be granted where necessary due to the shallow depth of a parcel, the location of existing mature trees, proposed installation of landscaping buffer strips, or other similar circumstances.

(j) Applicants must clearly demonstrate that operation of the use and the scale, massing, and design of the building(s) will be compatible with the neighborhood, particularly with regard to appearance, traffic circulation, parking and exterior lighting.

(k) The City Planning and Zoning Commission may require all outdoor children's activity areas to be enclosed by a fence or wall to ensure the safety of the children, depending on the design and location of the activity area.

(l) No outdoor activity area, such as a swimming pool, ball field or court shall be permitted unless the lot area is two acres or more. When an outdoor activity area adjoins a residential zoning district boundary, these activity areas shall be setback 40 feet from any side or rear lot line. The hours of operation of outdoor activity areas shall be limited to that specifically authorized by the City Planning and Zoning Commission as part of the conditional use approval.

(Ord. 174-2008. Passed 9-2-08.)

1368.15 DAY CARE CENTER.

The specific regulations for a day care center in a residential district shall be as follows:

(a) Such uses shall only be permitted in an approved church, other place of worship or a school facility.

(b) The day care center shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency and shall retain the required license at all times. Failure to do so shall be a violation of this Planning and Zoning Code.

(c) The location and design of the facility shall provide for the protection of the children and adults from the traffic, noise, and other hazards of the area and/or the arterial street location.

(d) A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children and adults.

(e) A day care center for children shall comply with the following:

(1) An outdoor play area equal in area to the ground floor area of the day care facility is required. The required outdoor activity area shall not be located closer than 20 feet to any residential property.

(2) Play structures and other similar apparatus shall not be located closer than 40 feet to any residential property.

(Ord. 174-2008. Passed 9-2-08.)

Euclid City Zoning Code

TITLE NINE

Zoning Use Districts

CHAPTER 1353 U2 Two-Family House Districts (Repealed)

EDITOR’S NOTE: Chapter 1353 was repealed by Ordinance 120-2024, passed October 7, 2024.

CHAPTER 1355 U3 Apartment House Districts(Repealed)

EDITOR’S NOTE: Chapter 1355 was repealed by Ordinance 120-2024, passed October 7, 2024.

CHAPTER 1356 U3E Elevator Apartment House Districts (Repealed)

EDITOR’S NOTE: Chapter 1356 was repealed by Ordinance 15-2024, passed February 20, 2024.

CHAPTER 1360 U5 Commercial Districts (Repealed)

EDITOR'S NOTE: Chapter 1360 was repealed by Ordinance 201-2008, passed October 6, 2008. Please see Chapter 1359.

CHAPTER 1361 U6 Industrial and Manufacturing Districts (Repealed)

EDITOR'S NOTE: Chapter 1361 was repealed by Ordinance 201-2008, passed October 6, 2008. Please see Chapter 1359.

1351.01 COMPLIANCE REQUIRED.

In a Class U1 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a Class U1 use.

(Ord. 2812. Passed 11-13-22; Ord. 174-2008. Passed 9-2-08.)

1351.02 PERMITTED USES.

The permitted uses in a Class U1 Single-Family House District shall be as follows:

(a) A public park, not including an amusement park;

(b) A single-family dwelling;

(d) Group housing units limited to adult family homes and residential facility family homes. For the purposes of these regulations, the above terms are defined as follows:

B. Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency.

(Ord. 28-1957. Passed 1-28-57; Ord. 178-1959. Passed 9-14-59; Ord. 174-2008. Passed 9-2-08.)

1351.03 CONDITIONAL USES.

Conditional uses that may be permitted in a Class U1 Single-Family House District are listed below and are regulated in Chapter 1368.

(a) Public and private elementary, secondary and high schools;

(b) Public library;

(d) Day care center located in an approved religious assembly or school facility.

(Ord. 174-2008. Passed 9-2-08.)

1352.01 RESIDENTIAL DISTRICTS.

(a) This chapter establishes regulations for lower-density residential districts, which include the following:

(1) U1 Residential District.

(2) U2 Residential District.

(Ord. 120-2024. Passed 10-7-24.)

1352.02 DEFINITIONS.

Section 1311.01 and Chapter 1321 of this zoning code should be referenced. Words herein not specifically defined in Section 1311.01 and Chapter 1321 are to be construed in their customary sense.

(Ord. 120-2024. Passed 10-7-24.)

1352.03 COMPLIANCE REQUIRED.

In U1 and U2 Districts, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except as provided in this chapter.

(Ord. 120-2024. Passed 10-7-24.)

1352.04 PRINCIPALLY PERMITTED AND CONDITIONAL USES.

Table 1352.04
	U1	U2
Residential
Single-family dwelling	P	P
Two-family dwelling	P	P
Double house dwelling	P	P
Three-family dwelling		P
Town house development (c)		C
Group Housing Facilities (a), (b)
Adult family home	P	P
Residential facility family home	P	P
Other & Institutional
Public parks, not including amusement parks	P	P
The raising of crops or nurseries, but not including any commercial greenhouses	P	P
Public and private elementary, secondary and high school (c)	C	C
Public library (c)	C	C
Churches/religious assembly (c)	C	C
(a) Must comply with all applicable State and Federal Laws and Regulations. (b) See additional regulations contained in this Chapter. (c) See additional regulations regarding conditional uses in Chapter 1368.

(b) Group Housing Facilities.

(1) Definitions for "Adult family home" and "Residential facility family home" are contained in Chapter 1321.

(3) Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency, if any.

(Ord. 120-2024. Passed 10-7-24.)

1352.05 ACCESSORY USES AND STRUCTURES.

(a) See Chapters 1377, 1385, and 1388 for regulations pertaining to accessory uses in residential districts.

(b) In addition, the following accessory uses are permitted in the U1 and U2 Districts:

(1) Family Day Care Home, Type B, shall be a permitted accessory use to an occupied single-family dwelling unit.

B. Family Day Care Home, Type B, shall conform to regulations and standards for single-family dwellings set forth in this chapter.

(Ord. 120-2024. Passed 10-7-24.)

1352.06 HEIGHT REQUIREMENTS.

(a) In the U1 and U2 Districts, all single-family, single-family attached, and two-family dwellings shall not be in excess of two and one-half stories or thirty-five feet in height.

(b) In the U2 District, all three-family dwellings shall not be in excess of three stories or forty feet in height.

(c) In the U1 and U2 Districts, a church, school or library building shall not be in excess of four stories or fifty feet in height.

(d) All other principal buildings in the U1 and U2 Districts shall not be in excess of two and one-half stories or thirty-five feet in height.

(e) See Section 1379.02 for exceptions to height requirements in the U1 and U2 Districts.

(Ord. 120-2024. Passed 10-7-24.)

1352.07 LOT AREA AND LOT WIDTH REQUIREMENTS.

(a) In U1 and U2 Residential Districts all lots shall conform to the minimum lot area and width requirements set forth in Table 1352.07.

Table 1352.07
	U1		U2
	Lot Area	Lot Width	Lot Area	Lot Width
Residential
Single-family dwelling (a)	5,000 sf	40 ft	4,000 sf	35 ft
Two-family dwelling	5,000 sf	40 ft	4,000 sf	35 ft
Double house dwelling	5,000 sf	40 ft	4,000 sf	40 ft
Three-family dwelling	N/A	N/A	5,000 sf	45 ft
Town house Development	N/A	N/A	1,800 sf/du (d)	18 ft/du (d)
Group Housing Facilities
Adult family home (b), (c)
Residential facility family home (b), (c)
Other & Institutional
Public parks, not including amusement parks	-	-	-	-
The raising of crops or nurseries, but not including any commercial greenhouses	-	-	-	-
Public and private elementary, secondary, and high school (d)
Public library (d)
Churches/religious assembly (d)
(a) See additional regulations contained within this section. (b) Area and width shall meet requirements for single-family dwellings. (c) Must comply with all applicable State and Federal Laws and Regulations. (d) See Conditional Use Regulations in Chapter 1368.

(b) Lot Area shall mean useable interior area of a lot or parcel.

(1) Minimum lot area shall conform to Table 1352.07, unless the lot is a corner lot, in which case minimum lot size shall be 4,000 square feet in U1, and 3,200 square feet in U2.

(2) However, in computing area of the lot for the purpose of this Section, any part of the area of any corner lot in excess of 8,000 square feet shall be considered an interior lot.

(d) Townhouses and townhouse developments.

(1) Townhouse developments shall conform to necessary regulations set forth in Chapter 1368 .

(2) If the dwelling is to be located on a separate lot or parcel behind one fronting the street, the creation of this "flag lot" must go before the Planning Commission for review and approval.

(f) See also Supplemental Area Regulations contained in Chapter 1381.

(Ord. 120-2024. Passed 10-7-24.)

1352.08 FRONT YARD SETBACK REQUIREMENTS.

Table 1352.08
	U1 and U2
Euclid Ave. (a), (b)	30 ft
Lake Shore Blvd. (a), (b)	30 ft
E. 185th St. (a), (b)	14 ft
(a) Unless the average of the adjacent front yard setbacks is less, in which case residential development shall conform to that average. (b) Unless proposed residential development is a Townhouse Development, in which case a smaller front yard setback may be proposed, to be approved by the City Planning and Zoning Commission.

(b) All other streets:

(2) On streets where permitted residential development has not occurred or no building line has been established, the front yard setback or building line shall be 30 feet.

(Ord. 120-2024. Passed 10-7-24.)

1352.09 SIDE YARD SETBACK REQUIREMENTS.

(a) All dwellings in U1 and U2 Districts shall have a side yard along each lot line other than a front line or rear line.

(b) Each single-family dwelling, two-family dwelling, and three-family dwelling shall be deemed a separate building and shall have side yards.

Table 1352.09
	Lots 50 ft or less in width		Lots greater than 50 ft
	Minimum Side Yard (one side)	Total Combined Side Yards	Minimum Side Yard (one side)	Total Combined Side Yards
Residential
Single-family, Two-family dwelling	3 ft	10 ft	5 ft	15 ft
Double-house dwelling (a)	3 ft	15 ft	5 ft	15 ft
Three-family dwelling	3 ft	10 ft	5 ft	15 ft
Townhouse development (a)	3 ft	15 ft	5 ft	15 ft
Group Housing Facilities
Adult family home (b)	3 ft	10 ft	5 ft	15 ft
Residential facility family home (b)	3 ft	10 ft	5 ft	15 ft
Other & Institutional
Public parks, not including amusement parks	5 ft	10 ft	5 ft	10 ft
The raising of crops or nurseries, but not including any commercial greenhouses	5 ft	10 ft	5 ft	10 ft
Public and private elementary, secondary, and high school (c)
Public library (c)
Churches/religious assembly (c)
(a) See additional regulations in this Chapter. (b) Must comply with all applicable State and Federal Laws and Regulations. (c) See Conditional Use Regulations in Chapter 1368.

(Ord. 120-2024. Passed 10-7-24.)

1352.10 REAR YARD SETBACK REQUIREMENTS.

(a) Every building in the U1 and U2 Districts shall have a rear yard.

(b) All rear yards shall be at least fifteen feet or one-half the height of the building, whichever is larger, but need not be more than forty feet in depth.

(2) There shall be a minimum of ten feet between a dwelling and an accessory building.

(Ord. 120-2024. Passed 10-7-24.)

1352.11 MINIMUM RESIDENTIAL FLOOR AREA.

(a) All residential structures in the U1 and U2 Districts shall be constructed to have a minimum livable floor area, excluding basement and utility room areas, based on the table set forth below:

Table 1352.11
	Minimum Floor Area
	Lots 10,000 square feet and less	Lots over 10,000 square feet
Single-family, Two-family, Three-family dwelling	1,250 sf/structure	1,500 sf/structure
Double-house dwelling and Townhouse	650 sf/unit	750 sf/unit

(Ord. 120-2024. Passed 10-7-24.)

1354.01 MULTI-FAMILY RESIDENTIAL DISTRICT.

(a) This chapter establishes regulations for the higher-density residential U3 Multiple Family (Multi-Family) Residential District.

(Ord. 120-2024. Passed 10-7-24.)

1354.02 DEFINITIONS.

Section 1311.01 and Chapter 1321 of this zoning code should be referenced. Words herein not specifically defined in Section 1311.01 and Chapter 1321 are to be construed in their customary sense.

(Ord. 120-2024. Passed 10-7-24.)

1354.03 COMPLIANCE REQUIRED.

All buildings and structures erected and used in the U3 District shall conform to regulations set forth in this chapter.

(Ord. 120-2024. Passed 10-7-24.)

1354.04 PRINCIPALLY PERMITTED AND CONDITIONAL USES.

(a) All uses permitted in the U2 Residential District as established in Table 1352.04 shall also be permitted in the U3 Multi-Family District.

Table 1354.04
	U3
Residential
Apartment house	P
Elevator apartment house	C
Group Housing Facilities (a), (b)
Adult croup homes (a), (b)	P
Residential facility group homes (a), (b)	P
Other & Institutional
Public and private elementary, secondary, and high schools (c)	C
Public library (c)	C
Churches/religious assembly (c)	C
(a) See additional regulations in this Chapter. (b) Shall conform to all applicable State and Federal laws and regulations. (c) See Conditional Use Regulations in Chapter 1368.

(d) Group Housing Facilities. The specific regulations for group housing units, limited to adult group homes and residential facility group homes, shall be as follows:

(1) Definitions for "Adult group home" and "Residential facility group home" are contained in Chapter 1321.

(5) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.

(6) No group housing unit shall be located within 500 feet of another group housing unit. Separation distances are measured from property line to property line by the shortest distance.

(7) The group housing unit shall meet local fire safety and building code requirements for the proposed use and level of occupancy.

(8) Signs or other means of identifying a group housing unit shall not be permitted.

(Ord. 120-2024. Passed 10-7-24.)

1354.05 ACCESSORY USES AND STRUCTURES.

(a) See Chapters 1377, 1385, and 1388 for regulations pertaining to accessory uses in residential districts.

(b) All accessory uses permitted in the U1 and U2 Residential Districts shall be permitted in the U3 Multi-Family District.

(1) A community center building accessory to an apartment house or complex and serving only the residents of the apartment house or complex.

(Ord. 120-2024. Passed 10-7-24.)

1354.06 HEIGHT REQUIREMENTS.

(a) All buildings in the U3 District shall conform to the following:

(1) Notwithstanding any other provisions of this chapter for an apartment house building, the maximum height shall be limited to thirty-five (35) feet.

(2) Elevator apartment house buildings shall be no more than 200 feet but shall not be less than fifty (50) feet in height, excluding accessory structures on roofs.

(3) All other buildings shall be no more than four (4) stories or fifty (50) feet.

(b) See Section 1379.02 for exceptions to height requirements in the U3 District.

(Ord. 120-2024. Passed 10-7-24.)

1354.07 LOT AREA AND LOT WIDTH REQUIREMENTS.

(a) In the U3 Multi-family District, all principally permitted and conditional uses in the U2 District shall comply with regulations set forth in Chapter 1352.

(b) In the U3 Multi-family District, all principally permitted and conditional uses all lots shall conform to the minimum lot area and width requirements set forth in Table 1354.07.

Table 1354.07
	Lot Area	Lot Width
Residential
Apartment house (a)	2,500 sf/du	100 ft
Elevator apartment house	700 sf/du	100 ft
Group Housing Facilities
Adult croup homes (a), (b), (c)
Residential facility group homes (a), (c)
Institutional & Other	See Table 1352.07
All other uses:	See Table 1352.07
(a) See additional regulations in this Chapter. (b) Area and width shall meet requirements for apartment houses. (c) Must comply with all applicable State and Federal Laws and Regulations.

(e) Apartment Houses:

(1) Minimum lot area shall conform to table 1354.07, unless the lot is a corner lot, in which case minimum lot area shall be 2,000 square feet per dwelling unit.

(2) However, in computing area of the lot for the purpose of this Section, any part of the area of any comer lot in excess of 8,000 square feet shall be considered an interior lot.

(g) See also Supplemental Area Regulations contained in Chapter 1381.

(Ord. 120-2024. Passed 10-7-24.)

1354.08 FRONT YARD SETBACK REQUIREMENTS.

(a) Where a building line is shown on the Zone Map as an existing alignment line, the alignment of the buildings existing along such frontage shall determine the building line.

Table 1354.08
Euclid Ave. (a), (b)	30 ft
Lake Shore Blvd. (a), (b)	30 ft
E. 185th St. (a), (b)	14 ft
Tungsten Rd. from Chardon Rd. to E. 222nd St. (a)	30 ft
South side of St. Clair Ave. from E. 200th St. to E. 222nd St. (b)	30 ft
(a) Unless the average of the adjacent front yard setbacks is less, in which case residential development shall conform to that average. (b) Unless proposed residential development is a Townhouse Development, in which case a smaller front yard setback may be proposed, to be approved by the City Planning and Zoning Commission.

(d) Additional regulations regarding front yards and accessory uses in front yards are set forth in Sections 1354.09 and 1354.11.

(Ord. 120-2024. Passed 10-7-24.)

1354.09 SIDE AND REAR YARD SETBACK REQUIREMENTS.

(a) All buildings in the U3 District shall have a side yard along each lot line other than a front line or rear line.

(b) Apartment Houses and Elevator Apartment Houses shall have a side yard setback of 10% of the average lot width on both sides, or at least twelve feet, whichever is larger.

(c) Other uses permitted in the U3 Multi-Family District shall have side and rear yards which conform to regulations set forth in Section 1352.09 and 1352.10.

(d) Side and rear yard exceptions.

(2) A building and any accessory building erected on the same lot shall, for the purpose of side and rear requirements, be considered as a single building.

(Ord. 120-2024. Passed 10-7-24.)

1354.10 ADDITIONAL APARTMENT BUILDING SETBACK REQUIREMENTS.

(1) Minimum Distance(s) means the required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.

(4) "HA" means the height of building A.

(5) "HB" means the height of building B.

(6) "f' means the division factor, which shall be: 5 for an apartment house, U3 District; and U3EL Districts.

(7) The elements of the formula are shown on the illustrations following subsection (h) hereof and as defined above.

(1) Where land zoned U3 abuts U1 or U2 Districts: Minimum Distance(s) =(A+ L + H)/f.

(2) Where land zoned U3 abuts all other zoned uses: Minimum Distance(s) =(A+ L + H)/2f.

(3) The elements of such formula being described as follows:

A. A=twenty feet where the (L) is less than fifty feet and the (H) is less than thirty-five feet. In all other cases "A" shall be fifty feet.

B. L =length of the property line in feet measured between perpendicular lines to the property line where such perpendiculars touch the extreme ends of the building.

C. H =height of building in feet.

D. f =division factor from the schedules below:

1. Buildings whose length (L) is up to 100 feet and:

a. The height (H) is up to 50 feet F = 5.

b. The height (H) is 50.1 to 100 feet F = 3.

c. The height (H) is 100.1 to 150 feet F = 2.

d. The height (H) is 150.1 and up F = 1.5.

2. Buildings whose length (L) is from 100.1 feet to 250 feet and:

a. The height (H) is up to 50 feet F = 3.5.

b. The height is from 50.1 feet to 100 feet F = 2.5.

c. The height (H) is from 100.1 and up F = 1.5.

3. Buildings whose length (L) is 250.1 feet or more and:

a. The height (H) is up to 50 feet F = 2.5.

b. The height (H) is from 50.1 to 100 feet F = 1.5.

c. The height (H) is from 100.1 feet and up F = 1.

(g) The required setback shall be measured from the wall plane or point that is the closest to the property line.

Table 1354.10
Accessory Use	From Apartment Buildings		From Boundary Lines (feet)
Accessory Use	Main Wall (feet)	End Wall (feet)	From Boundary Lines (feet)
(1) Parking areas	10	20	20
(2) Private streets (except at entrances)	30	30	10
(3) Walks (public use)	15	10	10
(4) Recreation areas (active play)	40	30	15

(i) The minimum distance(s) set forth in the schedule are intended to be applied to:

(1) Main wall. Any exterior wall containing the principal windows of a living, dining or sleeping room or rooms;

(2) End wall. Any exterior wall, other than a main wall, containing minor windows of a dining or sleeping room, or principal or minor windows of kitchen or bathrooms, or a blank surface;

(3) Private streets. At all locations except at the garage entrance or main entrance of the dwelling served;

(4) Walks. Used by the public at all locations except at the entrance to the dwelling served; and

(5) Recreation areas. Areas used for active play.

(Ord. 120-2024. Passed 10-7-24.)

1354.11 MINIMUM FLOOR AREA.

The minimum floor area in the U3 Multi-Family Districts is as follows.

(a) The minimum floor area for all uses permitted in the U2 district, as set forth in Section 1352.11 shall remain the same for the U3 District.

(b) The minimum floor area for apartment houses and elevator apartment houses shall conform to the following table:

Table 1354.11 Minimum Floor Area per Dwelling Unit Based on Number of Bedrooms
Number of Bedrooms	Square Feet
1	490
2	640
3	790

(Ord. 120-2024. Passed 10-7-24.)

1354.12 LANDSCAPED AREAS AND LOT COVERAGE.

Table 1354.11 Maximum Building Coverage of Lot
	Minimum Landscaped Area of Lot (Percent)	Apartment Buildings (Percent)	All Buildings with Exposed Roofs (Percent)
Apartment House	50	15	20
Elevator Apartment House	40	15	30