Grandview Heights City Zoning Code

CHAPTER 1157

Development Requirements Applicable to Non-Residential Zoning Districts

1157.01 C-1 LIMITED COMMERCIAL DISTRICT.

(a) Permitted Uses.

(1) Professional offices

(2) Administrative business operations

(3) Clinic

(4) Town Center Business

A. Antique store

B. Art gallery

C. Optical goods store

D. Book and/or stationery store

E. Jewelry store

F. Camera and photographic supply store

G. Photographic studio

H. Funeral home

I. Educational and research services

J. Gift/home accessories store.

(b) Conditional Uses.

(1) Any conditional use of the RS-2, and RD Districts

(2) General Business Uses of a scale and intensity similar to C-1 permitted uses

(3) Residence

(Ord. 09-06. Passed 4-6-09.)

(c) Development Standards. Prior to the issuance of a Zoning Certificate for development in the Limited Commercial District (C-1), a site plan review as defined in Section 1157.05 is required.

(Ord. 98-13. Passed 9-8-98.)

1157.02 C-2 COMMUNITY COMMERCIAL DISTRICT.

(a) Permitted Uses.

(1) Professional offices

(2) Administrative business operations

(3) Medical office building

(4) Movie theater

(5) Photo, dance, art, music studio

(6) Restaurant without drive-through

(7) General Business Uses as defined in Section 1133.02.

(8) Office Building.

(b) Conditional Uses.

(1) Automobile service station

(2) General service or repair establishments, including plumbing, heating, printing, painting, upholstering, dyeing, cleaning works, or laundry

(3) Residence, when located on the second story or above

(4) Private school

(5) Wholesale business, including accessory storage or warehouse facilities when located entirely within an enclosed building

(6) Printing and related trades: publishing, including newspaper publishing, job printing, lithography, and blueprinting

(7) Restaurant with drive-through

(8) Auto repair with body shop

(9) Adult bookstore as defined in Section 1133.02(3)

(10) Adult motion picture theater as defined in Section 1133.02(4)

(11) Child day-care center as defined in Ohio Revised Code 5104.01.

(12) Private club

(13) Fitness Center.

(14) Hotel. (Ord. 2009-06. Passed 4-6-09.)

(c) Restrictions. No adult bookstore or adult motion picture theater shall be established within 500 feet or less of any Residential or C-1 Limited Commercial zoned area or parcel, or of any church, school, park, playground, or public library. No adult bookstore or adult motion picture theater shall be established within 1,000 feet of another adult bookstore or adult motion picture theater.

(d) Development Standards. Prior to the issuance of a Zoning Certificate for development in the Community Commercial District (C-2), a site plan review as defined in Section 1157.06 is required.

(e) Supplementary Standards for Conditional Uses. All conditional uses shall meet the minimum requirements established by Section 1157.06 unless modified by this section:

(1) Purpose and intent. The purpose of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Section 1157.06 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to ensure that they will be developed in a manner consistent with the purpose of the Community Commercial District.

(2) Child care centers.

A. Minimum Lot Area: Sufficient to accommodate an appropriately designed facility including buildings, required yards, landscaping, drop-off area, and circulation space.

B. Required Outdoor Play area: There shall be provided a fenced outdoor play area containing at a minimum, the number of square feet required for State of Ohio licensing requirements.

C. Required Access and Loading/Unloading:

1. An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles for facilities with twenty or fewer children plus one additional vehicle for each additional ten children served. The drop-off area may either be in the form of spaces parallel to an access drive adjacent to the building or additional parking spaces beyond code requirements.

2. Access from an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.

D. Required Fencing: All outdoor play areas shall be enclosed by a wall, solid fence, or chain link fence planted with a continuous evergreen screen; such wall or fence shall be six-foot high.

E. Hours of Operation: Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.

(Ord. 98-13. Passed 9-8-98.)

1157.03 C-3 PLANNED COMMERCIAL DISTRICT.

(a) Permitted Uses.

(1) A building or premises may be used only for the retail sale of merchandise; services; general and professional offices; recreational uses, except outdoor theaters; parking areas; and other facilities ordinarily accepted as shopping center uses.

(2) Before land is used or a building erected or used for any of the above purposes, a preliminary plan and a final plan shall be approved by the Planning Commission for all contiguous property within this district in any one location. The Commission shall have thirty days to consider and approve or reject a preliminary plan, with or without modifications, although this period may be extended by agreement of the parties concerned. Rejection of a preliminary or final plan by the Planning Commission may be appealed to Council. Upon such appeal, the Planning Commission shall transfer its reasons for disapproval to Council which may then approve the plan only by a five-sevenths or more vote of its membership.

Final plans will be approved when in accordance with approved preliminary plans. From time to time the proponents may make minor changes in the approved final plan so long as such changes have been approved by the Director of Building and Zoning or upon denial of approval by such Director of Building and Zoning, with the approval of the Commission. What constitutes a “minor” change will be determined in the sole discretion of the Director of Building and Zoning. No building or occupancy permits shall be issued for any building or use that is not in accordance with an approved final plan.

(b) Minimum lot area requirement is one acre.

(1) Be drawn to scale.

(2) Show boundaries of property to be developed.

(3) Show the proposed number, size, location, use and arrangement of stalls for cars, entrance and exit driveways, loading areas, and their relationship to existing and proposed streets.

(4) Indicate location, type, use and sizes of structures on adjacent properties within 200 feet of the proposed development.

(5) Provide for the dedication of any rights-of-way for the widening, extension or connection of major streets as shown on the official plan.

(6) Indicate the stages, if any, which will be followed in construction.

(d) The Final Plan. The Final Plan shall be the standard plot plan required to obtain a building permit and shall include all requirements of the preliminary plans and it shall show the types of uses to be accommodated in each building or portion thereof.

(Ord. 98-13. Passed 9-8-98.)

1157.035 PCD PLANNED COMMUNITY DISTRICT.

(a) Purpose and Intent.

(1) Purpose. The Planned Community District (PCD) shall allow for a mixture of land uses within such district in order to:

A. Respect the unique characteristics of the site and surrounding uses;

B. Encourage imaginative arrangements of land use types that complement one another and the character of the surrounding community;

C. Provide amenities that encourage pedestrian activity;

D. Allow a development pattern which preserves and utilizes the natural topography, geologic features, vegetation and drainage; and

E. Recognize the need to mitigate the impacts of incompatible land uses.

(2) Intent. The intent of this section is to allow the applicant to lessen the development standards in some areas in exchange for an increase in development standards in another or others.

(3) Process. The process for achieving the stated purposes and intent is to require the submission and approval of a Development Plan for the total proposed development prior to obtaining a Zoning Certificate as part of the approval for the construction of any portion of the area. A Concept Plan may be submitted for approval prior to the submission of the Development Plan. As part of the Concept or Development Plan, whichever is submitted first, the applicant must prepare and submit a Development Standards Text that identifies any development standard that is less restrictive than the standards set forth in this section or other sections of the Zoning Code. As part of the Development Standards Text, the applicant must justify the proposed modifications of these standards by clearly demonstrating that the proposed development goes beyond the minimum requirements in other areas and will result in a development superior to that which would have resulted from following the standards set forth in the remainder of the Zoning Code. The application shall first be submitted to the Planning Commission (“Commission”) and upon its approval of the Final Development Plan, forwarded to City Council (“Council”) for its consideration.

(Ord. 01-20. Passed 8-6-01.)

(b) Permitted Uses. Those uses permitted within any of the residential districts and the C-1 Limited Commercial District; provided, however, that no uses that entail the commercial sale of firearms, firearm components or ammunition for firearms shall be permitted in areas zoned for residential. (Ord. 2019-31. Passed 12-18-19.)

(d) Permitted Locations. A Planned Community District (PCD) may be located in any district currently zoned “C” Commercial or “M” Industrial.

(e) Development Standards. The following development standards shall be considered minimal standards within a Planned Community District, unless altered by the Commission and Council:

(1) Lot Requirements:

A. Minimum site area: Three-quarter (3/4) acre and sufficient area to accommodate building and pavement setbacks, parking, circulation and landscaping as required. Individual lots may be combined to attain this minimum acreage for purposes of the Development Plan.

B Minimum lot width: All lots must abut a public street and have adequate width to meet all building and pavement setbacks, parking, circulation, open space and landscaping as required.

(2) Minimum yard requirements: None specified, but consideration shall be given to all applicable official planning studies and Commission recommendations. All requirements approved shall be specified in the Development Standards Text.

(3) Maximum lot coverage: Maximum lot coverage or impervious surface shall not exceed 75% unless otherwise approved.

(4) Maximum height of principal building: In order to insure compatibility with surrounding neighborhoods, no building or structure in any PCD shall exceed the heights specified as follows:

A. For land located within 300 feet of a residential zoned property, the maximum building height shall be three (3) stories and not exceed forty-five (45) feet.

B For all other land, no building or structure shall exceed sixty (60) feet in height unless otherwise approved.

(5) Density: None shall be specified in order to provide flexibility, promote an urban land use environment, and allow for the compatible combination of permitted uses, provided that such combination shall not adversely affect adjacent property and/or public health, safety and welfare. Density standards shall be established as a result of negotiation between the City and the Developer and outlined in the Development Text, and must be approved.

(6) Site Development Requirements:

A. Outdoor storage is prohibited.

B. All vending machines and display racks, except for telephone booths and newspaper racks, shall be located inside the building.

C. Trash and litter shall be controlled, and stored in container systems which are located and enclosed in a manner to screen them from view on all sides.

D. Provision for storm drainage shall be adequate to protect the public and owners of surrounding land.

E. All service and delivery shall be at the rear of the building; provided however, where site layout and design would be enhanced, provisions may be made for service and delivery at the side of the building.

(7) Parking, Loading, Access, and Circulation requirements for uses permitted in this district are governed by Sections 1155.13 and 1157.07 of the Codified Ordinances.

(8) Landscaping and Screening requirements for uses permitted in this district are governed by Section 1157.07 of the Codified Ordinances.

(9) Lighting requirements. All exterior lighting shall be designed and installed to direct and reflect light away from any street or adjacent property. Direct or indirect glare into the eyes of motorists or pedestrians or neighboring properties is prohibited.

(10) Special Considerations:

A. The Development Plan shall follow all applicable procedures, standards and requirements of the provisions of this ordinance that governs the subdivision of land. The Development Plan shall be prepared by and have the seal of an architect and an engineer, both of whom are duly registered to practice in this State. No building permit shall be issued until a final plat of the proposed development is approved by the City’s Department of Building and Zoning and, if applicable, recorded in the appropriate governmental office.

B. The Commission shall review the conformity of the proposed development with the standards set forth in the official City’s Community Plan and recognized principles of civic design, land use planning and landscape architecture.

(f) Plan Review Process and Requirements. An application or petition for a Zoning Map amendment to establish a Planned Community District at a particular location or to amend the regulations applicable to a previously established PCD shall contain or be accompanied by a Development Plan and a Development Standards Text. An application may be initiated by the submission of a Concept Plan to the Commission.

(1) Concept Plan. A Concept Plan is a schematic plan which generally describes the proposed uses for the site to be rezoned and their relationship with the surrounding properties and uses. The Concept Plan must contain the following elements:

A. A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development plans to utilize the existing site and which identifies changes to the existing site grading and identifies major trees that will be removed as part of the proposed development.

B. A schematic plan showing the general development of the tract, location of existing and proposed structures, parking lot layout, and other development features including the location of any out parcels.

C. An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer and storm drainage facilities and systems.

D. The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes. A traffic study may be required by the Director of Building and Zoning or the Commission to determine whether the proposed development will adversely impact the existing transportation facilities.

E. A conceptual landscaping plan.

F. A proposed schedule or phasing of development of the site.

G. Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements.

H. Any additional information required by the Commission which is deemed necessary to determine that the proposed development meets the intent and purposes of the Planned Community District.

(2) Development Standards Text. A Development Standards Text shall be submitted as part of the Concept Plan, or with the Development Plan if a Concept Plan is not submitted, and shall, through a narrative and graphics, indicate the detailed standards that will be applied to the development. The Development Standards Text should clearly identify any standard that is less than the standards established elsewhere by the Codified Ordinances. These modifications shall be justified by fully stating what adjustments, amenities or other compensations are provided as part of the Plan to offset the use of reduced standards and by demonstrating how the modified standard will result in the best possible development for the site. Unless specifically modified by the Development Standards Text, the standards established by the Codified Ordinances shall apply to the proposed development.

(3) Development Plan. Following approval of the Concept Plan by the Commission, a Development Plan shall be submitted to the Commission for all or part of the area defined in the Concept Plan. The Development Plan is a detailed Site Plan which shall contain the following information and adhere to the Development Standards Text approved as part of the Concept Plan. Contents of the Development Plan shall include:

A. The boundaries of the property with accurate distances and bearings from an established monument or point on the project to the three nearest established street lines or official monuments;

B. All municipal, corporation, township and county lines and section lines traversing or immediately adjacent to the property proposed for a PCD;

C. A bar scale, north point, legal description and total acreage of the area of the subject of the Development Plan;

D. A certificate by a surveyor registered in the State of Ohio that the plan comports with a survey made by him and that all dimensional and geodetic details are correct;

E. Accurate outlines, dimensions and legal descriptions of any areas to be dedicated or reserved for public use;

F. The lines of adjoining streets and alleys with their width and names;

G. All lot lines and easements with their dimensions;

H. Radii, arcs, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners;

I. The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, open spaces and other public or private facilities;

J. A detailed statement of all uses proposed to be established indicating the areas to be occupied by each use and the anticipated density of population and building intensity;

K. Detailed engineering plans for the provision of all streets and utilities including provisions for off-site connections and facilities necessary to serve the entire area that is the subject of the Development Plan;

L. Detailed engineering site grading plans including proposed finished grades;

M. Proposed drainage facilities and/or systems;

N. Detailed landscaping plans;

O. Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities, and the physical relationship of all elements;

P. All proposed restrictions or any reference made thereto and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions;

Q. Evidence that the applicant has sufficient control over the land in question to initiate the proposed project within five years;

R. A certificate to the effect that the owner will dedicate to public use those appropriate uses, streets, parks and other lands intended for public use, provided those areas are acceptable to the City;

S. A tabulation showing the exact area of each lot, reserve or other parcel shown on the Plan (other than streets and alleys) with such areas to be computed inclusive of and after the extensions of lot or parcel lines to the center line of contiguous public ways, such as streets and parking areas;

T. Approval of detailed water and sewer engineering plans by the appropriate city, county, or state departments;

U. All exterior lighting fixtures shall be shown including parking lot lighting, street, walkway or pedestrian lighting, walkway accent lighting and building accent lighting. Light intensity and installations height shall be indicated;

V. Location and character of all signs;

W. The proposed size, location, ownership and use of all non- residential portions of the tract, including usable open areas, parks and other public areas and open spaces, and the methods of access whereby all residents of the PCD (and others, as applicable) will have access; and

X. Space for signature of the Commission President and the date of Commission approval.

(g) Procedures and Basis for Approval. The Commission may hold one or more public hearings on a final Development Plan. The recommendation of the Commission shall be forwarded to Council which shall approve or disapprove the recommendation of the Commission with or without modification and after public hearing. After approval by Council and after any required restrictions are in effect, the Director of Building and Zoning may issue permits enabling the approved final Development Plan to be carried out.

(1) The basis and criteria for approval of a Development Plan by the Commission and Council shall include:

A. The proposed development is consistent in all respects with the purpose, intent and applicable standards of the Zoning Ordinance;

B. The proposed development is in conformity with appropriate comprehensive planning or portion thereof as it may apply;

C. The proposed development advances the general welfare of the City and immediate vicinity;

D. The benefits and improved arrangement and design of the proposed development justify the deviation from the standard residential development requirements included in the Zoning Ordinance;

E. The variety and compatibility of the types of land uses proposed in the project;

F. Where applicable, the relationship of buildings and structures to each other and to such other facilities as appropriate with regard to land area and proposed density of dwelling units; and

G. Traffic and circulation systems within the proposed project as well as its appropriateness in relation to existing facilities and systems in the surrounding area.

(2) The Commission and Council shall take into consideration the following items when evaluating the Development Plan:

A. Building height of all structures with regard to their visual impact on adjacent facilities;

B. Gross commercial building area;

C. Area ratios and designation of the land surfaces to which they apply;

D. Spaces between buildings and open areas;

E. Width of streets in the project;

F. Setbacks from streets;

G. Off-street parking and loading standards;

H. The order in which development will likely proceed in complex multi-use developments; and

I. Density of multi-family units.

(Ord. 01-20. Passed 8-6-01.)

1157.04 M-1 LIGHT INDUSTRIAL DISTRICT.

(a) Permitted Uses.

(1) Uses listed in Section 1157.02(a)(1), (2), (3), (7) and (8).

(2) Manufacturing uses involving processing, fabrication, packaging, assembly, and related functions whether using machinery or labor and associated with the industrial operations of producing goods, components, and other related items

(3) Wholesaling and storage uses which conform to the purpose of this chapter including transporting, storing, handling or selling merchandise primarily to retailers, industrial, institutional, or professional uses, or to other wholesalers, or acting as agents in buying merchandise for such persons or organizations.

(4) Research and development uses which conform to the purpose of this chapter, including research relating to product development in conjunction with testing, laboratory, and minor fabricating and assembly operations.

(5) Business service uses which conform to the purpose of this chapter including, but not limited to:

A. Duplicating, addressing, blueprinting, or photocopying

B. Stenographic, mailing and advertising

C. Business machine service and repair

D. Telephone or telegraph communications operations including service and repair operations

(6) Repair service uses which conform to the purpose of this chapter including, but not limited to:

A. Electrical appliance repair shops, including television and radio repair

B. Reupholstery and furniture repair

(7) Trade service uses which conform to the purpose of this chapter including, but not limited to, establishments engaged in the general construction, maintenance, or repair of real or other tangible property

(8) Recycling drop-off site

(9) Recycling collection center

(10) Recycling processing center

(b) Conditional Uses.

(1) Conditional Uses may be appropriate as permitted uses within the district but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use and traffic generation and potential impact on surrounding uses, in order to provide an opportunity for these uses while safeguarding both individual property rights and general, community welfare. It is the Planning Commission’s responsibility to perform this evaluation and, after review, to attach necessary conditions and safeguards. The development standards contained in this chapter are minimum standards. Planning Commission may require more restrictive standards for a conditional use based on the merits of each application. Review and approval of these uses are further regulated in Section 1141.04, Conditional Uses.

(2) The following uses are conditionally permitted within the Light Industrial District. These uses generally display one or more of three characteristics which result in its conditional status: (1) inherently cannot operate within an enclosed structure; (2) involve retail sales beyond the limited, ancillary retail associated with permitted uses; (3) require specific site characteristics for compatible development.

A. Building material retail sales including:

1. Paint, glass and wallpaper

2. Plumbing and electrical supplies

3. Lumber and other home improvement sales

B. Any other permitted or conditional use of the C-2 Community Commercial District

C. Educational facilities including college and professional schools

D. Pre-schools and child care centers (See Section 1157.04 (d)).

(Ord. 09-06. Passed 4-6-09.)

(c) Supplementary Standards for Conditional Uses. All conditional uses shall meet the minimum requirements established by Section 1157.06 unless modified by this section:

(2) Child care centers.

A. Minimum Lot Area: Sufficient to accommodate an appropriately designed facility including buildings, required yards, landscaping, drop-off area, and circulation space.

B. Required Outdoor Play Area: There shall be provided a fenced outdoor play area containing at a minimum, the number of square feet required for State of Ohio licensing requirements.

C. Required Access and Loading/Unloading:

2. Access from an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.

D. Required Fencing: All outdoor play areas shall be enclosed by a wall, solid fence, or chain link fence planted with a continuous evergreen screen; such wall or fence shall be six-foot-high.

E. Hours of Operation: Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.

(Ord. 98-13. Passed 9-8-98.)

1157.045 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.

(a) Purpose and Intent. The application of flexible and creative land use regulations to the development or redevelopment of land is often difficult or impossible within the constraints of traditional zoning district standards. In order to permit the implementation of more flexible land use regulations and to facilitate the use of the most advantageous techniques of land development, it is often necessary to establish a Planned Unit Development District designation in which development is in harmony with the general purpose and intent of this Zoning Ordinance and the Community Plan. The objective of a Planned Unit Development District is to encourage ingenuity, imagination, and creative design efforts on the part of builders, architects, site planners and developers, and to produce development that is in keeping with overall land use intensity and design standards of this Zoning Ordinance and the Community Plan while departing from the strict application of the dimensional standards of the traditional zoning Districts. Planned Unit Development Districts are intended to allow design flexibility and provide performance standards that may:

(1) Ensure that development and redevelopment occurs in general accordance with the Community Plan;

(2) Result in a desirable environment with more amenities than would be possible through the strict application of the standards of other zoning districts;

(3) Provide for an efficient use of land and public resources, resulting in co- location of harmonious uses to share facilities and services and a logical network of utilities and streets, thereby lowering public and private development costs;

(4) Foster the safe, efficient, and economic use of land, transportation, public facilities, and services;

(5) Encourage concentrated mixed-use land development patterns which decrease the length of automobile travel, encourage public transportation, allow trip consolidation and encourage pedestrian circulation between land uses;

(6) Ensure a more rational and compatible relationship between residential and non-residential uses for the mutual benefit of all;

(7) Further the economic development goals of the City;

(8) Allow for innovations in land development and redevelopment;

(9) Result in the formation or strengthening of identifiable and robust neighborhoods in the Grandview Heights community; and

(10) Encourage new buildings and uses that reinforce the development heritage of the community.

(b) Definitions.

(1) Planned Unit Development (PUD). A Planned Unit Development (PUD) means any area of land within the jurisdiction of the City of Grandview Heights in which one use or a variety of uses may be accommodated in a pre-planned environment under more flexible standards than those restrictions that would normally apply under this Zoning Code. The process in a PUD shall consist of the filing of a Preliminary Development Plan which, if approved, shall constitute the act of zoning; and a Final Development Plan which shall consist of a detailed development plan for all or any portion of the area for which a Preliminary Development Plan has been approved.

(2) Subarea. A Subarea is a distinct area of land within a PUD. Each Subarea shall designate acreage, land use, development standards, architectural standards, landscape standards, thoroughfare standards, conceptual road alignments, gross density, and such other standards as may be required by the Planning Commission and Council.

(Ord. 2006-30. Passed 9-5-06.)

(c) Permitted Uses. Within the PUD Zoning District, permitted uses shall include all uses allowable under the Zoning Ordinance that are approved through the PUD approval process and are in conformity with the purpose and intent of the Zoning Ordinance, and a compatible combination of any or all of these uses provided that the proposed location of those uses will not adversely affect adjacent property and/or the public health, safety and general welfare; provided, however, that no uses that entail the commercial sale of firearms, firearm components, or ammunition for firearms shall be permitted in areas zoned for residential.

(Ord. 2019-31. Passed 12-18-19.)

(d) Ownership. A Planned Unit Development shall be in joint or common ownership or control at the time the Preliminary Development Plan application is made for a Planned Unit Development District, or where joint or common ownership and/or control does not exist, each owner within the Planned Unit Development shall sign the Preliminary Development Plan application. Any transfer of land within the development resulting in ownership by two or more parties after an application has been filed shall not alter the applicability of the regulations contained herein. A Preliminary Development Plan or Final Development Plan approved hereunder shall be binding upon the applicant(s) and their successors and assigns, and shall limit and control the issuance and validity of all certificates of zoning approval.

(e) General Procedures. Procedures and conditions set forth for determination of Planned Unit Development Districts and development(s) therein shall be strictly followed, except when the Planning Commission and Council have reviewed, discussed and approved a written statement submitted by the applicant with the Preliminary Development Plan application clearly showing that such procedures or conditions do not apply in the specific case.

(f) Procedure for Approval of a Planned Unit Development (PUD). The following procedures shall be used to secure approval of a Planned Unit Development (PUD) and the appropriate changes of zoning resulting therefrom:

(1) First review. Prior to submitting an application for a zoning amendment that seeks a PUD designation, the applicant shall submit a letter to the Director of Building and Zoning requesting review and feedback on the proposed development from the Planning Commission. The meeting shall be known as the “First Review” and shall occur at a date that that is no more than thirty (30) days following the receipt of the letter by the Director of Building and Zoning. The first review may occur either during a regular meeting of the Planning Commission, or at a special meeting.

The purpose of the First Review shall be to provide an opportunity for the applicant to outline the basic scope, character, and nature of the proposed project in order to receive reaction and feedback from the Planning Commission in the formative stages of project design. No discussions, opinions, or suggestions provided during the First Review shall bind the applicant or the City in any respect, and shall not have any bearing on the City’s ability to approve or disapprove any subsequent applications that may be filed by the applicant.

(2) Filing of Preliminary Development Plan; staff report. The Preliminary Development Plan application, together with the required supporting materials, shall be filed with the Director of Building and Zoning. Said submittal shall include PDF or similar electronic formats. After determining that the application is complete, the Director shall forward the application to the Clerk of Council. The Clerk of Council shall draft an ordinance concerning the requested zoning change and, at Council’s first regular or special meeting that occurs at least thirty (30) days following the filing of the complete application, the Preliminary Development Plan, accompanying documents, and ordinance shall be forwarded to the Planning Commission for study and recommendation. Copies of relevant aspects of the Preliminary Development Plan shall also be forwarded to all interested City departments, which shall provide information and comment to the Director of Building and Zoning to be included in a comprehensive staff report, which shall be forwarded to the Planning Commission within a reasonable time prior to the date when that body makes a recommendation to Council, as set forth in this section.

(3) Recommendation by Planning Commission. The Planning Commission shall have a reasonable time, not to exceed sixty (60) days following its receipt at a regular or special meeting of an ordinance from Council, to consider the ordinance and the Preliminary Development Plan at a public hearing and to report its recommendations to Council, unless such time period is extended by mutual agreement of the parties. The Planning Commission shall take one of the following actions with respect to the ordinance and the Preliminary Development Plan:

A. Recommend approval of the ordinance and the Preliminary Development Plan as submitted; or

B. Recommend approval of the ordinance and Preliminary Development Plan with specific conditions as set forth in its record, for transmission to Council and as agreed to by the applicant, to further protect and improve the proposed and surrounding developments; or

C. Recommend disapproval of the ordinance and the Preliminary Development Plan.

(4) Council action. At such time as the recommendation of the Planning Commission is received by Council, Council shall establish a date for public hearing on the ordinance and the Preliminary Development Plan by giving notice in the same manner as is required for any application for zoning amendment in the City. Such public hearing on the ordinance and Preliminary Development Plan by Council shall be heard within sixty (60) days after the receipt of the recommendation of the Commission, unless such time period is extended by mutual agreement of the parties. The Preliminary Development Plan and the ordinance, along with the report of the recommendations of the Planning Commission, shall be available for public inspection in the office of Clerk of Council for a period of thirty (30) days immediately preceding the public hearing. After consideration of all relevant documentation, Council shall approve the ordinance and Preliminary Development Plan as submitted, approve the ordinance and Preliminary Development Plan with specific conditions and/or modifications as agreed to by the applicant, or disapprove the ordinance and the Preliminary Development Plan.

(5) Effect of approval. Adoption of the ordinance including the Preliminary Development Plan shall constitute a rezoning of the property included therein. The development standards approved as a part of the Preliminary Development Plan shall apply, to the exclusion of any conflicting provisions of the Zoning Ordinance. To the extent that these development standards are silent on any matter, the pertinent provisions of the Zoning Ordinance shall be applied. Prior to the development or the construction of improvements contained in the Preliminary Development Plan, the applicant shall be required to comply with the provisions of subsection (6) hereof.

(6) Final Development Plan. Final Development Plans are intended to be detailed representations of and in conformance with all aspects of the approved Preliminary Development Plan. Said submittal shall include PDF or similar electronic formats. Following receipt of a Final Development Plan application and the required accompanying documents from the Director of Building and Zoning, it shall be the duty of the Planning Commission to review such plan and determine whether it complies with regulations of this chapter, that it represents a detailed and precise expansion and delineation of the previously approved Preliminary Development Plan, and that it complies with all conditions which may have been given at the time of approval of the Preliminary Development Plan.

A. Timing. Within three (3) years of notice of approval of the Preliminary Development Plan, the applicant shall submit a Final Development Plan for a substantive part of the development. Upon good cause shown by the applicant and by a majority vote of the Planning Commission, the Planning Commission may extend the three-year period if the request is submitted prior to the expiration date. In the event progress on the PUD is discontinued, the City may begin procedures to rezone the property to the zoning district in place prior to the Planned Unit Development District or to another district, as may be determined appropriate.

B. Application. At any time after the approval of the Preliminary Development Plan (subject to the time constraints and restrictions set forth above), an applicant may file a Final Development Plan application, together with the required supporting materials, with the Director of Building and Zoning. Copies of the Final Development Plan application and supporting documentation shall be forwarded to all interested City departments, which shall provide information and comment to the Director of Building and Zoning to be included in a comprehensive staff report, which shall be forwarded to the Planning Commission at its first regularly scheduled or special meeting that is at least thirty (30) days following the date on which said application was filed.

C. Planning Commission Action. Within sixty (60) days following the receipt of at a regular or special meeting the Final Development Plan application, the Planning Commission shall hold a public hearing and take action on the Final Development Plan application. In taking action on the application, the Planning Commission shall approve the Final Development Plan application and its supporting documentation as submitted, approve the Final Development Plan and its supporting documentation with specific conditions as agreed to by the applicant, or disapprove the Final Development Plan application and its supporting documentation.

D. Effect of Approval. If the Planning Commission finds that the Final Development Plan meets the criteria for approval as set forth in this Chapter, it shall approve the plan and the Planning Commission chair, vice chair or designee shall affix his/her signature and approval date thereto attesting to such approval. Following approval of the Final Development Plan and the attestation of such action by the Commission chair, vice chair or designee, the applicant shall provide one Mylar copy of all plans as well as digital AutoCAD or other CAD program as may be requested by the City and PDF files or other image formats as may be requested by the City (e.g., TIFF files) as part of the Final Development Plan for the records of the City. Approval of the Final Development Plan for a property shall entitle the applicant and its successors, assigns, and designees to develop that property in accordance with that plan and any conditions of approval attached thereto.

At any time, the applicant and its successors in title to any property for which a Final Development Plan has been approved may submit an amended Preliminary Development Plan. In such event, the same procedures shall be followed as in the case of an original Preliminary Development Plan and, if approved, such amended Preliminary Development Plan shall in all respects be considered as if it were the originally adopted Preliminary Development Plan.

E. Revisions to Preliminary Development Plan. In the event that the details of a Final Development Plan necessitate minor revisions of portions of the approved Preliminary Development Plan located inside or outside of the area to be included within boundaries of the Final Development Plan, then those revisions may be approved by the Planning Commission in conjunction with its approval of the Final Development Plan. In considering such revisions, the Planning Commission may authorize minor modifications to the Preliminary Development Plan that are required to correct any undetected errors, are consistent with the Community Plan and the purpose of the approved Preliminary Development Plan, or that are necessary to ensure orderly and efficient development. “Minor modifications” shall be limited to those subjects addressed in the original Preliminary Development Plan, including but not limited to:

1. Minor adjustments in subarea or lot lines, provided no additional subareas or lots are created;

2. Minor adjustments in location of building footprints and parking lots provided the perimeter setbacks, yards, and buffers remain in compliance with applicable requirements;

3. Minor adjustments in building heights;

4. A substitution of landscaping materials;

5. A redesign and/or relocating stormwater management facilities;

6. Minor modifications to the design of signs, including sign face, sign lighting, and color palette, provided that the maximum sign area and maximum sign height, as specified and approved in the Preliminary Development Plan are not exceeded; and

7. Minor changes in building material that are similar to and have the same general appearance and durability as the material approved on the Preliminary Development Plan.

(g) Basis of Plan Approval.

(1) Preliminary Development Plan. In the review of proposed Planned Unit Developments, the Planning Commission and City Council shall determine whether or not the Preliminary Development Plan complies with the following criteria:

A. That the proposed development is consistent in all respects with the purpose and intent of the Zoning Ordinance;

B. That the proposed development is in general conformity with the Community Plan or portion(s) thereof as may apply;

C. That the proposed development advances the economic development and fiscal goals of the City;

D. That the benefits, improved arrangement, and design of the proposed development justify deviation from standard development requirements included in the Zoning Ordinance;

E. Where applicable, the relationship of buildings and structures to each other and to such other facilities are appropriate;

F. That traffic and pedestrian circulation systems within the proposed project are appropriate to serve the subject site and the surrounding area;

G. That the following development standards that are to apply to the project are adequate to ensure the orderly development of the subject site and will not adversely affect adjacent property and/or the public health, safety and general welfare:

1. Building heights of all structures;

2. Front, side and rear yard definitions and uses where they occur at the development periphery;

3. Gross commercial building area;

4. Area ratios and designation of the land surfaces to which they apply;

5. Spaces between buildings and open areas;

6. Width of streets in the project;

7. Setbacks from streets;

8. Off-street parking and loading standards;

9. The order in which development will likely proceed in complex, multi-use, multi-phase developments.

10. Landscaping, screening and buffering;

11. Signs.

(2) Final Development Plan. In the review of a Final Development Plan application, the Planning Commission shall determine whether or not the proposed development, as depicted on the Final Development Plan, substantially conforms in all pertinent respects to the approved Preliminary Development Plan and continues to meet a preponderance of the criteria for approval of the Preliminary Development Plan as determined by Council.

(h) Plat; Recording and Transfer.

(1) A final subdivision plat prepared in accordance with applicable requirements of the subdivision regulations for the area covered by the Final Development Plan shall be prepared for Council approval prior to appropriate recording. When a final plat is approved by Council for any property with a PUD zoning designation, the owner shall file and record the same in the Office of the County Recorder within six (6) months unless such time is, for good cause shown, extended by resolution of Council. If not recorded within this time, the approval of Council shall become null and void. Original tracings will become the permanent record of the County Recorder. One copy of this tracing, reproduced on Mylar, showing the date and place of recording, shall be supplied by the owner to Council as local public records.

(i) Plan Contents.

(1) The following described contents shall be provided to secure approval for Planned Unit Development (PUD) District zoning. The basic process shall require submittal and approval of:

A. An application for approval of a Preliminary Development Plan along with the required plans and documents set forth in Section 1157.045(i)(3); and

B. An application for approval of a Final Development Plan along with the required plans and documents set forth in Section 1157.045(i)(4).

(2) All plans shall be drawn to a scale suitable to the scope of the project and acceptable to the City. Seventeen (17) copies of each plan shall be submitted to the Director of Building and Zoning.

(3) Contents of Preliminary Development Plan. An application or petition for a Zoning Map amendment to establish a Planned Unit Development at a particular location or to amend the regulations applicable to a previously established PUD shall contain or be accompanied by a Preliminary Development Plan and a development standards text, as well as any other items that may be required to provide Council with grounds for making findings pursuant to Section 1(G) of this Ordinance (“Basics of Plan Approval”). The Preliminary Development Plan shall indicate the following in text or map form:

A. North point and scale;

B. Overall urban design concept of the proposed PUD object;

C. Accurate boundaries of the entire project, including survey legal descriptions;

D. Location of the site within the City;

E. All permitted uses and conditional uses and limitations applicable thereto;

F. A subarea plan which shows the allocation of land use by acreage, type, and density, building footprints, parking lot locations, and proposed lot lines and parcel sizes;

G. Development standards, design and architectural guidelines for each subarea, including but not limited to:

. 1. Building height;

2. Building materials;

3. Fenestration;

4. Style and character;

5. Landscaping layout and materials;

6. Lighting;

7. Parking requirements; and

8. Signage.

H. General locations of principal thoroughfares and open space, and suggested ownership of same;

I. Existing roads, buildings, and permanent facilities on the site;

J. Jurisdictional boundaries, if applicable;

K. Easements, rights-of-way, and abutting property boundaries;

L. Any proposed off-site improvements and/or utility line extensions needed to serve the site;

M. Surface drainage and areas subject to flooding, and proposed stormwater management strategy;

N. Existing utility systems;

O. The location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, and the total number of dwelling units in the overall development plan, and whether the common areas of the proposed residential use will be managed by any non-owner;

P. The location and size of areas of nonresidential use, indicating unit densities, unit types, the total number of units in the overall development plan, and whether the common areas of the proposed nonresidential use will be managed by any non-owner.

Q. The size, location and use of public portions of the tract, including usable open areas, parks, playgrounds, any civic facilities and other public areas and open spaces with the suggested ownership of such areas;

R. The traffic circulation patterns, including public and private streets and parking areas, indicating their relationship to existing streets, or showing other evidence of reasonableness; and

S. An affidavit of the applicant listing all property owners within the 200 feet contiguous to and directly across the street from the parcel(s) included in the Preliminary Development Plan and their addresses as appearing on the Franklin County Auditor’s current tax list.

(4) Contents of Final Development Plan. An application for approval of a Final Development Plan shall contain or be accompanied by a Final Development Plan and a copy of the development standards text that was approved as a part of the Preliminary Development Plan. The Final Development Plan shall indicate the following in text or map form:

A. A bar scale, north point, and total acreage of the area that is the subject of the Final Development Plan;

B. Overall urban design concept of the proposed project in the area that is the subject of the Final Development Plan;

C. Accurate boundaries of the property that is the subject of the Final Development Plan, including survey legal descriptions;

D. Accurate outlines, dimensions and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, and the acreage of such reserved areas;

E. The lines of adjoining streets and alleys with their width and names;

F. All lot lines and easements with their dimensions;

G. Radii, arcs, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners;

H. The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school sites, open spaces and other public or private facilities (this provision shall not apply to those areas of the Final Development Plan indicated for development of one- or two-family building sites. However, all lots intended to be so developed shall have building setback lines indicated thereon);

I. A detailed statement of all uses proposed to be established indicated in the areas to be occupied by each use and the anticipated density of population and building intensity;

J. Detailed engineering plans for the provision of all streets and utilities including provisions for off-site connections and facilities necessary to serve the entire areas which are the subject of the Final Development Plan;

K. Detailed engineering site grading plans including proposed finished grades (this provision shall not apply to those areas of the Final Development Plan indicated for development of one- or two-family building sites);

L. Proposed drainage facilities;

M. Detailed landscaping plans (this provision shall not apply to those areas of the Final Development Plan indicated for development of single-family detached homes, except that detailed landscaping shall be provided as to all residential entry features.);

N. Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities and the physical relationship of all elements (on a one- or two-story building site this provision is intended to demonstrate the exterior design, character and general element of and within the plan and it is not intended to require a detailed presentation by the applicant. However, it should provide sufficient detail to enable the Planning Commission to make a decision). The architectural plans must also specify the quality and durability of all exterior building materials;

O. A certificate to the effect that the owner will dedicate to public use the appropriate uses, streets, parks and other lands intended for public use, provided those areas are acceptable to the Municipality;

P. A tabulation showing the exact area of each lot, reserve or other parcel shown on the plan (other than streets and alleys), such areas to be computed inclusive of and after the extension of lot or parcel lines to the center lines of contiguous public ways, such as streets and parking areas;

Q. Space for signature of the Planning Commission chair, vice chair or designee and the date of Commission approval;

R. Location and character of all signs;

S. The proposed size, location, ownership and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites, other public areas and open spaces, and the methods of access whereby all residents of the PUD can have ingress to and egress from the aforesaid areas or portions of the tract whether such areas have been previously established or will be established in the future; and

T. An affidavit of the applicant listing all property owners within the 200 feet contiguous to and directly across the street from the parcel(s) included in the Final Development Plan and their addresses as appearing on the Franklin County Auditor’s current tax list.

(j) Appeal. If the Planning Commission disapproves any Final Development Plan in a Planned Unit Development District, the applicant shall have no more than thirty (30) days in which to file an appeal with the Council for review. Such appeal shall be in writing and shall be filed with the Director of Building and Zoning. Council shall then act on the appeal within thirty (30) days of the filing of said appeal.

(Ord. 2006-30. Passed 9-5-06.)

1157.05 DEMOLITION OF COMMERCIAL STRUCTURES.

The demolition of all commercial structures shall require a permit consistent with the provisions of Chapter 1137 and shall additionally conform with the following:

(a) The Director of Building and Zoning shall have a maximum of thirty-five days in which to consult with the Planning Commission and approve or conditionally approve an application for a demolition permit.

(b) Due to the existence of historical structures, the demolition of structures located within C-1 and C-2 zoning districts situated along Grandview Avenue between First Avenue on the south and the corporation line on the north, as well as along the entire length of First Avenue, shall require the review of the Planning Commission. The Planning Commission shall approve or conditionally approve an application for demolition.

(c) (1) For all structures other than one-, two-, or three-family dwellings or associated accessory structures, a demolition permit may be issued only after affidavits have been submitted by the applicant and placed on file with the Director of Building and Zoning attesting to the fact that 25%, either by weight or by volume, of the resultant demolition debris shall be recycled. Waste that would be considered a hazardous material shall be excluded in from such percentage. Final inspections shall only be approved after the Director of Building and Zoning receives and approves a final analysis showing compliance with this section. Appeals to this requirement shall be heard by the Planning Commission.

(2) A licensed disposal or transfer facility shall be used for all non-recycled waste and a final analysis shall be provided prior to the final approval of the demolition permit indicating the percentage of recycling achieved and method and materials used. This provision shall not apply to emergency demolitions as required under this building code.

(d) The department-registered demolition contractor shall call for a final inspection upon completion of the demolition.

(Ord. 2009-16. Passed 10-19-09.)

1157.06 SITE PLAN REVIEW.

(a) Site Plan Required. Prior to the issuance of a zoning certificate for all developments located in the C-1, C-2, C-3, and M-1 zoning districts, a Site Plan as defined herein shall be submitted to the City of Grandview Heights for review and approval.

(b) Purpose. The purpose of the Site Plan Review requirement is to ensure that existing and anticipated non-residential development and traffic improvements will be developed in a manner that is consistent with the goals, objectives, and planning principles of the Grandview Heights Community Plan. The importance of making the business and residential areas of the community more physically and perceptibly cohesive, to provide for the long-term vitality and viability of Grandview Heights Business Districts, and to encourage expanded business options through creative adaptations of existing structures, requires both flexibility in the zoning requirements, and a special emphasis on integrated development, shared parking areas, and urban design.

(1) Development. Includes the construction of any new building or the enlargement, alteration, or relocation or any existing structure; loading areas, access drives or other paved surfaces; any excavation, landfill or other modification to the landscape; any changes to approved landscape plans including plan materials, grading, walls or fences.

(2) Alteration. Means a change or rearrangement in the structural parts or building service equipment or in the means of egress; or the moving from one location or position to another.

(3) Enlargement. Means an extension or increase in floor area or height of a building or structure.

(4) Building service equipment. Includes the mechanical, electrical, and elevator equipment including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation, fire protection, and transportation facilities essential for the habitable occupancy of the building or structure for its designated occupancy.

(5) Site plan. A plan, to scale, that illustrates the proposed physical changes for parcel(s) of land.

(6) Major site plan. A plan for a development which meets one of the following definitions:

A. A development involving any new construction or enlargement to a structure located within the non-residential zoning districts.

B. A development involving the alteration of a structure that results in a change to the exterior of the building.

C. A development involving changes to parking, loading, and drive areas.

D. A development impacting a non-residential site adjacent to a residential zoning district.

E. A development which conflicts with the adopted Community Plan.

F. A development of a non-conforming site or site which does not meet the development standards of the zoning district in which it is located.

G. Other unusual or unique impacts which, in the opinion of the Director of Building and Zoning, warrants public review.

(7) Minor site plan. A plan for a development which does not qualify as a major site plan.

(d) Application for Site Plan Review.

(1) Application. An application for a Site Plan Review shall be filed by the applicant, with the authorization of the property owner, on a form provided by the Director of Building and Zoning. Nothing shall prevent the concurrent submittal of an application for Site Plan Review with the submittal of an application for a zoning map amendment. Approval of a site plan, submitted concurrently with an application for zoning map amendment, may not become effective until the zoning map amendment application has been approved by Council.

(2) Submittal requirements.

A. A survey showing boundary information, existing and proposed development, existing and proposed easements, rights-of-way, and utilities, including storm water drainage.

B. The Site Plan shall indicate buildings, service areas, parking, signage, fencing, landscaping, and all required setbacks.

C. All parking and loading areas shall be shown, including typical dimensions of parking stalls, aisles, and loading spaces.

D. All major circulation routes, including arterials, adjacent curb cuts, collector and local streets, driveway and curb cuts, and including major aisle ways and service routes shall be indicated. Major pedestrian circulation routes shall also be indicated, including dimensions of path and pedestrian crossings, etc., plus any attempts at separating vehicular and pedestrian/recreation movement.

E. Handling of all waste and refuse materials shall be indicated.

F. Proposed landscaping shall be shown.

G. All signage and graphics may be required to be shown, per Chapter 1167, Signs.

H. All exterior lighting shall be shown, including parking lot, pedestrian, and building accent lighting. Lighting intensity and installation height shall be indicated.

I. Exterior building design and surface treatments shall be indicated, including building material and color. Color and material samples may also be requested.

(3) Procedure for minor site plan review.

A. Any applicant requesting approval of a Minor Site Plan as defined herein shall submit to the Director of Building and Zoning three copies of the application, including the items specified in Section 1157.05(d)(2) and the prescribed fee.

B. Within a reasonable time after the filing of a complete application, the Director of Building and Zoning shall approve the application for site plan review based upon adopted regulations and standards, design guidelines contained herein, or determine that the application is a major site plan. If the application is determined to be a major site plan, the Director of Building and Zoning will forward the application to the Planning Commission not less than fifteen days prior to its next scheduled meeting.

C. Actions and effect of a Minor Site Plan review. Upon approval of a Minor Site Plan, the Director of Building and Zoning shall issue a zoning certificate. The zoning certificate shall be valid for twelve months from the date it is issued. Authority to proceed pursuant to a zoning certificate shall lapse unless the action authorized by the zoning certificate is commenced within twelve months from the date the zoning certificate was issued.

(4) Procedure for Major Site Plan Review.

A. Any applicant requesting approval of a site plan as defined herein shall submit to the Director of Building and Zoning eight copies of the application, including the items specified in Section 1157.05(d)(2), the prescribed fee, and any other information as determined appropriate by the Planning Commission, not less than fifteen days prior to the next regularly scheduled meeting of the Planning Commission. The application and supporting information shall be forwarded to the Planning Commission by the Director of Building and Zoning not less than seven days prior to the date of its next scheduled meeting.

B. It shall be the duty of the Planning Commission to review the Site Plan and determine whether it complies with the adopted regulations and standards, design guidelines contained herein, and accepted planning principles. The Planning Commission shall endeavor to ensure that the exterior appearance and environment of such buildings, structures and spaces will:

1. Enhance the attractiveness and desirability of the district in keeping with its purpose and intent,

2. Encourage the orderly and harmonious development of the district in keeping with the improving character of the district,

3. Improve residential amenities in any adjoining residential neighborhood,

4. Enhance and protect the public and private investment and the value of all lands and improvements within the district and adjoining districts.

C. The Planning Commission shall either approve, approve with modification, or disapprove an application for Major Site Plan Review.

(5) Modifications of the Site Plan.

A. Development shall be in conformance with the Site Plan and construction of site improvements must be commenced within two years of Planning Commission approval; otherwise no development of the land shall take place until a new Site Plan is approved pursuant to this section.

B. Approval of the Planning Commission is required before any modification of the approved Site Plan may be made. Development of land or structure shall not proceed prior to final approval of the Site Plan. Any development undertaken without such final approval is in violation of this zoning ordinance and is an abatable nuisance.

(6) Modifications of development standards and design guidelines. The development standards guidelines contained in this chapter are derived from the Community Plan and shall be used by any applicant in preparing a development plan and by the Planning Commission in reviewing the same. This chapter contains both development standards, which set forth specific requirements, and design guidelines, which define a framework. Both the standards and guidelines shall be interpreted with flexibility. The Planning Commission shall view the standards and guidelines of this chapter as tools, since exceptional situations requiring unique interpretations are expected. Modifications to the development standards and design guidelines contained in this chapter may be approved by the Planning Commission.

(7) Appeal. Any party with standing, including the administrative staff of the City, aggrieved or affected by the decision of the Planning Commission involving an application for a site plan review may appeal to Council by filing notice of intent to appeal within seven days and filing a petition with the Clerk of Council within fifteen days from the time of decision and setting forth the facts of the case. Council shall schedule and attempt to hold a public hearing on such appeal not later than thirty days after such appeal has been filed with the Clerk of Council. The Council may reverse, remand, or modify such decision and shall state the reason therefore. In the event that the Planning Commission has disapproved an application, it shall take the favorable vote of three-fourths (6 of 7) of all members of Council.

(Ord. 98-13. Passed 9-8-98.)

1157.07 DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.

The following standards and guidelines are provided as: (1) guidelines for consideration by applicants in preparing site plans, and (2) criteria to be considered by the Director of Building and Zoning and the Planning Commission in reviewing site plans.

(a) Purpose. To ensure that all development plans and traffic layouts are in conformance with the general recommendations of the Grandview Heights Community Plan, which constitutes the development plan for the City’s Business Districts.

(b) Development standards.

(1) Lot area and width. No specific standard is recommended since the City is almost fully developed; each application will be considered on a case- by-case basis. However, prior to the approval of a lot split or lot consolidation, it must be demonstrated that the development of the new lot will not adversely impact surrounding development and be in conformance with the guidelines of this chapter.

(2) Side and rear yard areas. Side and rear yard areas must be sufficient to adequately serve as a buffer adjacent to residential development.

A. In the C-1, C-2, and C-3 Districts there is no standard recommended for side yard areas, although there must be consideration for fire fighting equipment to reach the rear yard. This area must be kept clear for the passage and use of fire equipment for a width of not less than eight feet. Buildings next to residential or open space areas should provide a side yard of eight feet. The minimum rear yard standard is twenty percent (20%) of the lot depth, but need not exceed twenty-five feet.

B. In the M-1 District, main and accessory structures should maintain side and rear yard areas that are proportional to the height and width or height and depth of the structure, especially when located adjacent to a residential area. The minimum side yard standard in this District is one-third the height and depth of the structure. The minimum rear yard standard is one-third the height and width of the structure.

C. For both cases, the minimum side and rear yard standard is fifteen feet from the interior lot lines and twenty-five feet to any residential zoning district.

(3) Front yard areas. The minimum and maximum front yard standard is determined by the average of existing building setbacks. In most instances, the Planning Commission may require new or expanded development to build to the setback of the existing building or, where there is precedent, structures may be required to be extended toward the street right-of-way. Front yards are to be devoted to landscape areas and the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yard.

(4) Maximum lot coverage. No specific guidelines are recommended so long as it is demonstrated that the development will not adversely impact surrounding development and will be in conformance with the guidelines of this chapter.

(5) Maximum height. The standard is thirty-five feet when adjacent to residential districts and forty-five feet in other instances.

(6) Parking setback line. The parking setback line establishes how close parking, loading, or maneuvering may be located to a street right-of-way line. In C-1, C-2, C-3, and M-1 zoning districts, the parking setback line is established ten feet from the right-of-way line.

(7) Open service and outdoor storage. These areas should not exceed ten percent (10%) of the lot area in commercial districts; twenty-five percent (25%) in manufacturing district.

(8) Off-street parking spaces. Off-street parking spaces are to be provided as follows:

A. Restaurants: One parking space for each 250 square feet of floor area.

B. Private Club: One parking space for each 400 square feet of floor area.

C. Church or Other Place of Worship, Auditoriums, Theaters, and Other Places of Public Assembly: One parking space for each five seats.

D. Nursing Home, Residential Care Facility, Hospice: One-half space for each bed.

E. Community Center, Library, Museum, or Similar Public or Semi-public Building: One parking space for each 300 square feet of floor area in the building.

F. Medical Office Building: Buildings in which twenty percent (20%) or more of the gross area is occupied by members of the healing profession; one parking space for each 200 square feet of the gross area used for this purpose.

G. Professional and Administrative Offices: One per 300 square feet of floor area.

H. Bank: One per 250 square feet of floor area.

I. Retail Store: One parking space for each 250 square feet of floor area.

J. Vehicle Sales: One parking space per 300 square feet of floor area plus one space per 1,000 square feet of outdoor display.

K. Vehicle Repair: Three parking spaces per each service bay.

L. Manufacturing, Industrial, Research and Testing Laboratory: One parking space per each employee on the largest shift plus one space per business vehicle normally on premise.

M. Warehousing: One per business vehicle, plus one parking space per the first 20,000 square feet of floor area; one parking space per 5,000 square feet of the amount of floor area between 20,000 and 120,000 square feet, and one parking space per 10,000 square feet of the amount of floor area over 120,000 square feet.

N. Any Other Type of Business or Commercial Use in a Commercial District or Other Permitted District: One parking space for each 250 square feet of floor area.

(9) Construction and location of parking spaces. Each off-street parking space is to be of a size and be served by aisle widths that are no less than the following dimensions, and be of usable shape and condition.

Width	Minimum Stall Width	Minimum Length	Minimum Aisle
90-degree angle parking	9 ft.	19 ft.	22 ft.
Parallel parking	10 ft.	23 ft.	14 ft.
60-degree angle parking	10 ft.	19 ft.	20 ft.
45-degree angle parking	10 ft.	20 ft.	20 ft.

Driveways serving non-residential parking areas are to have a minimum width of eighteen feet and a maximum width of twenty-five feet, except curb returns.

(10) Off-street loading requirements. There shall be provided at the time any building is erected or structurally altered off-street loading space in accordance with the following requirements:

A. Office Buildings, Apartments, Apartment Hotels, Motels and Hotels: One space for each 5,000 to 50,000 square feet of gross floor area; two spaces for each 50,000 to 200,000 square feet of gross floor area; one additional space for each 75,000 square feet of gross floor area above 200,000 square feet.

B. Retail or Service Establishment or Wholesale Commercial Use: One space for each 2,000 to 20,000 square feet of gross floor area; two spaces for each 20,000 to 100,000 square feet of gross floor area; one additional space for each 75,000 square feet of gross floor area above 100,000 square feet.

C. Manufacturing or Industrial Use: One space for each 10,000 square feet of floor area or fraction thereof in excess of 5,000 square feet.

(11) Joint use of facilities. The owners of two or more separate uses may establish a joint off-street parking facility to provide the total number of required off-street parking spaces for all such combined uses. The shared parking spaces may be excess spaces above the minimum code requirements or may be parking spaces that are available when the hours of operation overlap. A written agreement must be approved by the City Attorney and accepted by the Planning Commission. The written agreement will be filed along with the application for a Certificate of Occupancy.

(1) Traffic concept. All points of ingress and egress onto public roadways and the overall distribution scheme shall be shown, indicating traffic patterns and potential traffic control points. The criteria that must be followed include:

A. Combined access points to the public right-of-way

B. Driveway/access easements to be provided for adjoining parcels

C. Minimization of conflict points between auto traffic and pedestrian traffic to include adequate design and demarcation of pedestrian walkways from parking or driveway area

D. Reverse frontage lots with access on interior streets

E. Street improvements that may be required by the Planning Commission if site and traffic conditions warrant.

F. Buffering and screening, or other treatment to lessen impact on residential areas.

(2) Screening. The intent of this provision is to improve the appearance of parking areas and property abutting public rights-of-way and to require buffering between non-compatible land uses in order to mitigate negative visual impacts upon adjacent properties and along the public rights-of- way.

A. All non-residential establishments shall be required to enclose all outdoor refuse containers on a minimum of three adjoining sides. This enclosure shall be constructed to maintain a minimum three- foot clearance between itself and the dumpster, and shall be at least one foot higher than the highest part of the refuse container or containers enclosed. Such enclosures shall be constructed of solid and opaque wood or material similar to that of which the principle building is constructed. Construction-grade plain faced concrete will not be permitted.

B. All parking lots and driving areas shall be screened along adjacent streets with a continuous three-foot average-height planting, hedge, fence or wall.

C. All open service areas, outdoor storage areas, or loading docks shall be screened by walls or fences, six feet minimum height, eight feet maximum height, that effectively conceal such operations from adjacent streets or adjacent residential districts.

(3) Parking layout. A detailed parking layout must be shown to include the following:

A. Total number of on-site spaces.

B. Access points and expected movement through and between separate parking lot areas.

C. Opportunities for shared parking areas between two or more separate uses.

(4) Parking area landscaping.

A. All parking lots shall provide, in addition to screening requirements, two-inch dbh (diameter, breast height) tree trunk size for every six parking spaces. All trees shall be balled and burlapped. The minimum dbh of any tree shall be two inches.

B. Planting beds for parking lot trees shall be constructed so as to distribute landscaping throughout the parking lot and to minimum damage to trunks and roots of the trees from vehicles, pedestrians, and parking lot maintenance through the use of adequate soil planting area and curbing or parking blocks. Planting soil area per tree shall be a minimum of forty-five square feet. The minimum dimension for the planting area shall be five feet on any one side. All trees shall be maintained in a healthy condition.

C. Any lot with a minimum dimension of fifty feet on any one side shall have at least one tree planting per 6,000 square feet of paved surface. The minimum distance between deciduous trees, located in separate planting beds, shall be thirty-six feet. Additional landscaping, trees, ground cover, hedge or evergreens may be located between deciduous trees.

(5) Lighting. Any parking area with ten or more off-street parking spaces shall be illuminated during poor visibility to provide an average intensity of one-half foot candle of light as measured at the parking surface area. All outdoor lighting shall be of constant intensity and shall be directed, reflected or shielded so as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, or create a nuisance, or unreasonably interfere with a neighboring property owner’s right to enjoy his property. All lighting shall be shielded so that no glare will extend to any adjacent property. In residential districts, no light shall be located higher than fifteen feet above ground level,

(6) Utilities. The site plan must also consider the relocation of existing utility poles along public streets to locations along the side or rear of the properties to be served.

(7) Signs. As regulated by the sign regulations, signage will be most significant in communicating the character of the district. Signage should be discreet and minimal. Colors should be subdued, and where appropriate, the architectural character of the sign should be consistent with that of the building. Signs flush with the building face are in many cases preferable to projecting or ground signs. It is also preferred that ground signs be installed on bases and supporting structures that consist of brick, stone or wood, or be screened with evergreens to the top of the anchor bolts.

(8) Exterior design. The design treatment of the site and all proposed or renovated structures shall ensure compatibility and sensitivity to adjacent properties and structures.

(Ord. 98-13. Passed 9-8-98.)

1157.08 FENCE REGULATIONS.

The following fence regulations shall be observed:

(a) No fence more than thirty percent (30%) solid or more than forty-two inches in height above the established street or alley grade shall be erected within the corner area of a lot that is included between the lines of two intersecting streets or the intersection of a street and alley and a straight line connecting them at points twenty-five feet distant from said intersection.

(b) No fence shall be erected in any front yard.

(c) No fence shall be erected in any side or rear yard that is adjacent to the front yard of a neighboring lot without prior approval of the Planning Commission.

(d) No fence shall be erected in the rear or side yard adjacent to the street/alley of a corner lot without prior approval of the Planning Commission.

(e) Except as provided in subsections (a), (b), (c), and (d) hereof, fences not over five feet high may be located on any part of a lot.

(f) Except as provided in subsections (a) and (c) hereof, fences not over eight feet high may be erected on those parts of a lot that are as far back or farther back from the street as the rear of the main building.

(g) Every swimming pool, including existing swimming pools, shall be completely enclosed by a fence of sturdy construction not less than forty-five inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds eighteen inches, unless such pool is in use or is under the immediate observation of a responsible person. No part of any fence shall be located between the building setback line fixed by the Zoning Ordinance and the street on which the lot or parcel abuts.

(h) No person, firm or corporation shall construct any barbed wire, metal pronged or spiked fence in a commercial district.

(i) No electric current shall be applied to any fence.

(j) Fences shall be erected with the posts and other supporting structural elements facing inward toward the principal structure and concealed from view of the adjoining properties whenever possible.

(Ord. 98-13. Passed 9-8-98.)

1157.09 GRANDVIEW COMMERCE MIXED USE DISTRICT.

1157.09.01 Purpose

1157.09.02 Definition of terms.

1157.09.03 Applicability and extent.

1157.09.04 Authority.

1157.09.05 Procedures.

1157.09.06 Application.

1157.09.07 District framework - Grandview Commerce Mixed Use District Plan.

1157.09.08 List of uses.

1157.09.09 Development standards.

1157.09.10 Reserved.

1157.09.11 Reserved.

1157.09.12 Sign principles.

1157.09.13 Reserved.

Development Application Checklist

Signage Checklist

1157.09.01 PURPOSE.

The Grandview Commerce Mixed Use District (District) was created to enable a mixed-use commerce area on the vacated manufacturing zone at the east end of the City. This District presents an opportunity to attract a large employment base while at the same time building a vibrant neighborhood that will complement the balance of the City. The Grandview Heights Commerce District Plan adopted in 2005 in support of the Grandview Heights Community Plan clearly articulates the objectives and planning principles of the community and as such constitutes the purpose of this District.

The Grandview Heights Commerce District Plan establishes the planning and design framework for the District. Infrastructure such as streets, parking, and water and sewer along with design elements such as connectivity, walkability, and places for people, will be used to guide development within the planning framework of the Grandview Heights Commerce District Plan. The regulatory approach of the District is in keeping with the vision of mixed use developments which require a more flexible and innovative approach than can be provided by more traditional zoning techniques. The framework and principles of this District were adopted rather than traditional standards in the belief that greater flexibility will lead to better results.

The District helps ensure the implementation of the vision called for by the Grandview Heights Commerce District Plan. To achieve this vision, the District and any future standards shall adhere to the following general principles:

(a) The District should be an energized urban district consisting of a mix of land uses, diverse development, a grid of streets and pedestrian connections, attractive development and public spaces, energized activity and graphics, and respect for the existing neighborhood edge to the west and commercial edge to the north.

(b) The District should always permit a diverse mix of land uses and development.

(1) The District should allow for redevelopment that utilizes a mix of uses including employment-oriented office, medical and technology-centered office, national, regional and local retail, and range of residential uses.

(2) The District should allow for multiple-story buildings that may integrate a vertical mix of uses.

(c) The development pattern for the District shall extend the existing neighborhood street pattern and make appropriate connections with the rest of the City.

(1) Yard Street will serve as the primary centerpiece street for orienting buildings, spaces, pedestrian connections, activity, and graphics.

(2) Bobcat Avenue & Rail Street will provide access to the parking reservoir areas and back of house operations and be attractively landscaped and accommodate pedestrians.

(3) Streets and sidewalks surrounding the District shall be extended and connected into the District in an attractive manner to reinforce its integration into the community fabric.

(4) Goodale Boulevard will continue to serve as an existing arterial city street for orienting buildings, spaces, pedestrian connections, activity and graphics.

(d) Compatible, high-quality development will be a signature of the District.

(e) The District will create a walkable district that is enhanced by a quality public realm and open space.

(1) Public open space should consist of plazas, pocket parks, and visual landscape relief to the surrounding built environment for the enjoyment of residents and visitors to the District.

(2) This urban open space should be distributed throughout the District.

(f) The District will be an energized, activated, and retail-supported environment that encourages strolling, shopping, and people watching.

(1) The District should be supportive of opportunities for community interaction, festivals, and gathering.

(2) The District will allow for vibrant graphics and signage that attracts crowds and retail tenants.

(g) The District should respect the existing neighborhood edge to the west, the offices and retail businesses on Goodale Boulevard, and the commercial district to the north while taking advantage of the railroad tracks to the east.

(h) Large Format Retail will be allowed (i) in the northern third of the District, and (ii) with the approval of Planning Commission, in other areas of the District. Retail uses of 20,000 square feet or less in floor space will be permitted throughout the District. (Ord. 2019-05. Passed 2-4-19.)

1157.09.02 DEFINITION OF TERMS

(a) ARCADE- Extension of a facade where a colonnade supporting habitable space overlaps the sidewalk, while the facade at the sidewalk level remains at the building foundation line.

(b) AUTO-COURT- Frontage wherein a portion of the facade is set back to create an area suitable for vehicular drop-offs. Permanent parking is not permitted.

(d) CERTIFICATE OF APPROPRIATENESS: A statement of land use and design approval awarded by the Director, subject to the provisions of Section 1157.09.05 (c), determining that the proposed alteration, expansion, construction or reconstruction to a site within the District, is consistent with the District Framework Plan and this Section 1157.09.

(e) CUT-OFF LIGHT-A fixture where the source of illumination is not visible from an established plane of reference.

(f) EMPLOYMENT-ORIENTED- Uses which contain a high number of employees per net floor area of building space.

(g) ENCROACH- To break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback, into the public right-of-way, or height limitation.

(h) ENTERTAINMENT USE- Establishments that sell commodities which are consumed or utilized on the premises for recreation or leisure.

(i) FACADE- Exterior wall of a building.

(j) FORECOURT- Frontage wherein a portion of the facade is set back into the private site area to create an internal open space.

(k) GALLERY OVERHANG- Extension of an overhang to encompass a sidewalk and is either cantilevered or supported by a colonnade.

(l) LARGE FORMAT RETAIL- A single retail user that occupies more than 20,000 square feet of retail sales space.

(m) MIXED USE- Multiple functions within the same building through horizontal or vertical stratification, or in another building by adjacency. Includes multi-story commercial office buildings or multi-story residential buildings which contemplate retail uses on ground floor.

(n) OFFICE TENANT- An occupant of building space dedicated to the engagement of general business.

(o) PARKING LOT- A surface lot paved with asphalt or concrete for the parking of vehicles that are customers, employees, or residents of an adjacent parcel.

(p) PARKING STRUCTURE-A building that contains one or more levels of parking above grade.

(q) POCKET PARK- a small compact park space that is accessible to the general public which is usually inserted between buildings and built space along a streetscape to provide a concentrated space for landscape and outdoor seating.

(r) PRE-APPLICATION REVIEW MEETING - a work session meeting between the Director and the Applicant, the purpose of which is to ensure completeness of the submittal, which shall take place no less than five (5) business days prior to the submission of an application and which shall be a staff level meeting. The Pre-Application Review Meeting is required unless specifically waived by the Director.

(s) PRIMARY FRONTAGE- Lot lines against public rights-of-way.

(t) PRIVATE AMENITY ZONE- Portion of the pedestrian zone between the public right-of-way and the building facade which connects the public sidewalk with storefronts and building entrances. This area can be used for things such as wider sidewalks, planting strips, outdoor seating, and/or outdoor display.

(u) PRIVATE IMPROVEMENTS - all improvements, structures, green spaces, plazas, and walkways that are privately owned, including private streets, alleys and walkways granting easements for public access.

(v) PUBLICLY DEDICATED IMPROVEMENTS -all roadways, streets, alleys and green spaces that are publicly dedicated by plat or deed.

(w) PUBLIC SPACE IMPROVEMENTS -all improvements located in or on Publicly Dedicated Improvements or private property subject to a public easement that are not Publicly Dedicated Improvements, including without limitation, lighting, landscaping, sidewalks, materials, utilities, and other improvements.

(x) REDEVELOPMENT- Renovation of a parcel that changes the character of the site plan or building.

(y) RESIDENTIAL COMPLEX-A grouping of habitable units.

(z) RETAIL BUILDING -Any newly constructed building that is expected to consist primarily of retail use(s); provided, that a Retail Building shall not be defined to include any Mixed Use building or the rehabilitation of any existing buildings even if such buildings are to be used for retail purposes.

(aa) RETAIL TENANT -An occupant of building space dedicated to the sale of merchandise and/or food service.

(bb) SETBACK- The area of a lot measured from the lot line to a building facade and is clear of enclosed structures. Exceptions are made for permitted encroachments, gallery overhangs, and arcades.

(cc) SHARED PARKING- Parking that is available to more than one user with consent of property owner.

(dd) STORY- The level of a building, excluding attics, basements, or mezzanines.

(ee) STREET TREE- Trees and other landscape materials planted within a street right-of-way subject to the review and final approval of the Director.

(Ord. 2019-05. Passed 2-4-19.)

1157.09.03 APPLICABILITY AND EXTENT

(a) The provisions of this zoning district shall apply to all development within the boundaries of the District, as established and expanded from time to time

(b) No building or private street shall be erected, converted, expanded, reconstructed, or structurally altered from the exterior except in accordance with the development standards and design guidelines of the District, in accordance with the permitting requirements in Sections 1137 and 1325 .

(c) Interior remodeling or exterior modifications of a largely cosmetic nature including routine maintenance and in-kind replacement of material are exempt from the requirements for a Certificate of Appropriateness.

(Ord. 2019-05. Passed 2-4-19.)

1157.09.04 AUTHORITY

(a) The District Framework Plan, as depicted in Section 1157.09.07 , as approved by City Council, shall serve as the general framework for the development and build-out of the District. The District Framework Plan shall serve as the Preliminary Subdivision Plan required by Chapter 1107 . Any amendments or material changes to the District Framework Plan shall be subject to Section 1157.09.05( a). The District Framework Plan, as amended, shall establish the overall boundaries of the District and the overall block layout for the District, including all public streets.

(b) All approvals by the Grandview Heights Director of Building and Zoning (Director) in furtherance of the District Framework Plan, as set forth herein, shall be considered administrative and in furtherance of the plan of zoning set forth in the District Framework Plan, as amended.

(c) The Director shall be the design review authority for all Private Improvements and Public Space Improvements, as defined in this Section 1157.09, permitted in accordance with the District Framework Plan and Section 1157.09 , as amended. This authority continues subsequent to occupancy.

(d) RESERVED

(e) The Planning Commission shall be the review authority and shall make recommendations for approval or denial to Council, for (i) any single family detached or two-family detached residential dwelling(s) located east of Bobcat Avenue, (ii) any Publicly Dedicated Improvements, (iii) any Parking Structures other than the Parking Structures (as defined in this Section 1157.09 ) identified on the District Framework Plan as of July 8, 2024 and (iv) any improvements that will be located within one hundred feet (100') of the western boundary of the District in Blocks N, O and P.

(f) The Director shall be the review authority for all Private Improvements, Public Space Improvements, and any Parking Structures identified on the District Framework Plan as of July 8, 2024.

(Ord. 2019-05. Passed 2-4-19; Ord. 2024-16. Passed 7-8-24.)

1157.09.05 PROCEDURES

(a) Any material change or modification to the District Framework Plan, i.e. a change in District boundaries, public street patterns or overall block layouts, constitutes a zoning amendment. Zoning amendments shall follow the procedure set forth in Section 1143 "Amendments" of the Grandview Heights Planning and Zoning Code.

(b) The Director shall administer and enforce the provisions of this Section 1157.09. The Director is charged with timely reviewing development applications within the District for compliance with the District Framework Plan and this Section 1157.09, and approving a Certificate of Appropriateness for all applications that are in compliance.

(c) Within the District, the City shall not issue a certificate of zoning clearance or permit for construction or exterior alteration pursuant to Sections 1137.12 and 1325 (to the extent applicable under Section 1157.09.03 above), for any building unless a Certificate of Appropriateness has been approved by the Director, subject to the further provisions of Section 1157.09.05 (e).

(d) With respect to proposed Private Improvements, Public Space Improvements and Parking Structures administratively reviewed by the Director, following the Pre-Application Review Meeting as defined in this Section 1157.09 , the Director shall have ten (10) working days from the receipt of a complete application submission to the City to approve or deny a Certificate of Appropriateness for an application. Any denial shall specify the issues giving rise to the denial.

(e) With respect to an application for the construction or improvement of Private Improvements, Public Space Improvements and/or Parking Structures administratively reviewed by the Director, the applicant may appeal any denial of a Certificate of Appropriateness by the Director or the failure of the Director to approve or deny a Certificate of Appropriateness within the 10-day period provided in subsection (d) above, to Council. Any denial shall specify the issues giving rise to the denial. The only matters to be considered in any such appeal shall be those identified as the specified issues giving rise to the denial by the preceding official or body, and all other matters contained in the application under consideration shall be considered accepted, approved and not subject to further review. Any denial of a Certificate of Appropriateness shall be subject to the right to judicial appeal after the applicant has exhausted its appeal processes with the City as above provided.

(g) The Planning Commission shall be the review authority for all Publicly Dedicated Improvements as defined in this Section 1157.09 . The Director and the City Engineer shall review all design plans for Publicly Dedicated Improvements for consistency with the District Plan and all applicable requirements for City streets and public infrastructure and shall provide input and recommendations to the Planning Commission. Final plans shall be submitted in a manner consistent with the procedures of this section. If the proposed Publicly Dedicated Improvement includes the subdivision of land the improvement shall be subject to the requirements of the plat approval process in accordance with Section 1157.09.05 (j). Final plan approval and final plat approval shall proceed simultaneously, unless a final plat has already been approved or is not required for the completion of the project. The Planning Commission must recommend to Council approval or denial of a Certificate of Appropriateness for the application within 30 days of the application's initial submission to the Director. Any denial shall specify the issues giving rise to the denial. The applicant may request reconsideration of any denial by the Planning Commission of a Certificate of Appropriateness within 10 days. The only matters to be considered in any such appeal shall be those identified as the specified issues giving rise to the denial by the Planning Commission, and all other matters contained in the application under consideration shall be considered accepted, approved and not subject to further review. If a request for reconsideration to Council does not result in an alteration or reversal of the denial, the applicant shall have the right to judicial appeal after exhausting the foregoing appeal process with the City.

The Development Standards set forth in Section 1157.09.09 shall serve as a framework to applicants in preparing development plan documentation and they constitute the criteria the Director will use to evaluate and approve development plans and that the Planning Commission shall use to evaluate plans for Publicly Dedicated Improvements. These Development Standards shall also be used by Council in the event of any appeal or request for reconsideration from the denial of a Certificate of Appropriateness, as described in sections (e) and (f) above.

(h) In addition to the normally required submittals for development approval, the applicant shall provide adequate documentation to the Director or Planning Commission, as applicable, to show compliance with the requirements set forth within this Code.

(i) The applicant may, but is not required to, introduce plans in a conceptual form to the Director to review a preliminary proposal as a means of receiving guidance and constructive feedback prior to an official submission.

(j) All preliminary subdivision plats that propose to dedicate streets to the City of Grandview Heights for public use as public thoroughfares (but excluding any private streets that are subject to an easement for public use) shall require review and approval by Planning Commission and Council. Preliminary subdivision plats may include streets that are proposed for dedication but not ultimately dedicated. All final subdivision plats that dedicate streets to the City of Grandview Heights for public use as public thoroughfares (but excluding any private streets that are subject to an easement for public use) that were proposed for dedication on approved preliminary subdivision plats as above provided shall require review and approval only by Council. Streets proposed for dedication on approved preliminary subdivision plats as above provided may be included in one or more final subdivision plats to be approved by Council. All other subdivision plats and/or lot splits in furtherance of and consistent with the District Framework Plan (including, but not limited to, any subdivision plats that include private streets that are subject to an easement for public use) shall be administratively reviewed and approved by the Director and the City Engineer, without review by the Planning Commission or Council. Any subdivision plats administratively approved pursuant to the immediately preceding sentence shall be promptly executed by all required Grandview Heights officials to permit their filing and recording. The provisions of this Section 1157.09.05 (j) shall exclusively govern the review, approval, execution and delivery of all preliminary subdivision plats, final subdivision plats and lot splits within the District.

(k) For development proposals for a Retail Building as defined in this Section 1157.09 to be located in Blocks N, O and P, an application for concept review shall be submitted to the Director. The application must contain a development statement describing the major aspects of the proposed development. The development statement through narrative and graphics shall describe the proposed land use(s) and indicate the standards associated with the site plan review process. Within ten (10) business days after receipt of an application for concept review, the Director shall make a recommendation to Council to approve or deny the concept and shall make recommendations for approval or denial to Council.

Approval of a concept plan will precede the submission of an application for a Certificate of Appropriateness for a Retail Building as further provided in Section 1157.09.05 (d). (Ord. 2019-05. Passed 2-4-19.)

1157.09.06 APPLICATION

For proposed developments in the District, an application for Certificate of Appropriateness shall be submitted to the Director, with associated site and design plans. The application shall be accompanied by a Grandview Yard Application Checklist (Development Checklist) demonstrating compliance by the applicant with Section 1157.09 , in the form attached hereto. If the application and Development Checklist comply with the provisions of Section 1157.09, the Director shall issue a Certificate of Appropriateness subject to the provisions of Section 1157.09.05.

(a) Development Statement. The application shall include a development statement/graphic that describes the major aspects of the proposed development and how it relates to existing and future development.

(b) Development Plan. Site plans and specifications showing all site improvements, including the following, as applicable:

(1) All parking and loading areas

(2) All vehicular and pedestrian circulation routes internal to the development and how they connect with the greater District and City

(3) Handling of all waste and refuse materials

(4) All proposed landscaping

(5) Signage and graphics

(6) All exterior lighting

(7) Exterior building design surface treatments & material board

(8) Street cross sections, street tree plans and street furnishings

(9) Park and open space construction plans

(10) Proposed property and/or lot lines.

(11) For development areas within the District where a development agreement has been negotiated, an accounting of the following:

A. Amount and percentage of project acreage developed, not including the new plan

B. Amount and percentage of project acreage developed including the new plan

C. Amount and percentage of project acreage remaining to be redeveloped, following development of the new plan

D. Total amount of office (sq . ft.), retail (sq . ft.) and residential (units) developed to date within the District and as a part of the application.

E. Other considerations, to the extent included in the GCMXD Development Application Checklist by the applicant.

F. Platting Plan. Subject to the provisions of Section 1157.09.05 (j), plans for the subdivision of lots that include the dedication of streets or other public uses must include the submittal requirements of Chapter 1107 Preliminary Plan and Chapter 1111 Final Plat.

(Ord. 2019-05. Passed 2-4-19.)

1157.09.07 DISTRICT FRAMEWORK - GRANDVIEW COMMERCE MIXED USE DISTRICT PLAN.

The Frame work Plan may be updated by the Direct or as building blocks/phases or public improvements are approved, or in the event of zoning amendments, as approved by Council, but no less than annually. A substitution of any updated diagram depicting the Framework Plan in this section shall not constitute a zoning amendment

(Ord. 2019-05. Passed 2-4-19; Ord. 2024-16. Passed 7-8-24.)

1157.09.08 LIST OF USES

(a) Permitted Uses.

(1) Commercial Office, including but not limited to:

A. Administrative business operations

B. Clinic

C. Business, general

D. Office building

E. Office building, medical

F. Professional offices

G. Research and development uses which conform to the purpose of this chapter, including research relating to product development in conjunction with testing, laboratory, and minor fabricating and assembly operations.

H. Technology-focused office

I. Technology-focused research and development

J. Town Center Business as set forth in 1157.01 (4)

K. Pharmaceutical Sales and Distribution

(2) Unless otherwise listed as a Conditional Use or a Prohibited Use in this Section, retail, including but not limited to:

A. Child day-care center as defined in O.R.C. 5104.01

B. Entertainment

C. Hotel

D. Movie theater

E. Photo, dance, art, music studio

F. Restaurant and food service

G. Winery, brewery, and/or distillery restaurant

H. Hardware store

I. Dry goods and fashion retail

J. Drive-thru facility related to above retail use

(Ord. 2019-05. Passed 2-4-19.)

(3) Residential, including:

A. Single-family dwelling

B. Two-family dwelling

C. Townhouse

D. Multi-family dwelling

E. Assisted care facilities

F. Skilled care facilities

G. Accessory uses and accessory structures;

provided, however, that dwellings in this district of the type listed in A. through D. above shall not be used as a short-term rental for a period of less than thirty consecutive days unless also occupied during the short-term rental period by the occupants. (Ord. 2020-08. Passed 6-15-20.)

(4) Parking structure

(5) Parking lot

(6) Information kiosks

(7) School

(8) Public uses.

(Ord. 2019-05. Passed 2-4-19.)

(b) Conditional Uses. All uses not identified as Permitted Uses or Prohibited Uses, are considered Conditional Uses, unless otherwise determined by the Planning Commission. The Planning Commission shall review and approve, deny or approve with modifications all Conditional Uses in the District.

(1) Sexually oriented businesses as defined in O.R.C. Section 2907.40(A)(15).

(2) Uses that entail the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential.

(Ord. 2019-31. Passed 12-18-19.)

1157.09.09 DEVELOPMENT STANDARDS.

(a) General Street Principles.

(1) The neighborhood will be oriented along Yard Street as the main feature street.

(2) North-south framework streets (i .e. Bobcat Avenue and Rail Street) will allow vehicular commercial traffic to circulate between Goodale Boulevard and Third Avenue. They will be landscaped and provide pedestrian connectivity.

(3) East-west avenue extensions (i.e. Burr Avenue, Williams Avenue, and Burrell Avenue/First Avenue) will be extended east into the District and will connect with Bobcat Avenue, Yard Street and Rail Street, as depicted on the District Framework Plan. These streets will provide pedestrian as well as vehicular connectivity with the existing neighborhoods.

(4) Additional alleys will be included within the District to provide service and access to portions of larger blocks. These alleys will be designed to accommodate the level and type (e.g. vehicular, pedestrian) of traffic and services anticipated.

(5) Goodale Boulevard will continue to serve as an existing arterial city street for orienting building, spaces, pedestrian connections, activity and graphics.

(6) A design element will be planned and constructed at the south terminus of Yard Street and Bobcat Avenue.

(b) General Building Placement Principles.

(1) Building facades adjacent to designated primary frontages should address the fronting street through the inclusion of entrances, architectural detailing and/or special facade finishes.

In the event a forecourt/greenspace is located between the primary frontage and the building facade, then building entrances are not required at the primary frontage provided architectural detailing and/or special facade finishes are utilized on the building facade adjacent to the primary frontage.

(2) Building facades may be placed around an auto-court as long as a landscape or architectural edge condition is maintained along the primary frontage road.

(3) Pedestrian connections should be established between the parking area and the sidewalk along the public right-of-way for the commercial building which the parking area primarily serves.

(4) There are no setback standards as part of this District.

(5) Spaces between buildings within blocks Q-S through I should be minimized except to allow green space/plazas, pedestrian access, or limited building service drives. For Blocks J through M and Block T, landscape elements may be used to hold the street edge in spaces between buildings along Yard Street, W. Third Avenue, Swan Street and the Burrell Avenue/First Avenue extension.

(6) Residential buildings may include multiple-story structures and be incorporated into commercial buildings. Freestanding townhouses, apartments, and/or condominiums should be oriented to public or private street frontage, green space or courtyards.

(1) The District may be supported by parking garages, joint & shared parking arrangements, public or private parking areas and transit opportunities.

(2) For all properties south of Goodale, building heights shall not exceed eight (8) stories. For properties north of Goodale, building heights shall not exceed four (4) stories west of Bobcat Street, eight stories west of Yard Street and building heights are not limited east of Yard Street.

(3) Individual building lengths on Yard Street and the Burr, Williams, & Burrell/ First Avenue extensions shall not exceed 300 feet at street level without a break in the facade, which break shall be defined to include, but not be limited to, a variation in facade, building entrance, forecourt or building terminus.

(d) General Architectural Principles.

(1) Buildings should utilize a combination of facade modulation, differentiation of the base zone, and provision of such elements as display windows, balconies, arcades, and awnings at the base of the building.

(2) Windows shall use transparent glass on the first floor of a commercial building.

(3) Mechanical equipment on the roof of a building shall be screened from view from public right-of ways at the primary facade.

(4) All trash, service areas, and loading bays shall be screened.

(5) Building materials shall consist of primarily brick, stone, stucco (smooth or sand finish), glass, a pre-cast masonry, pre-cast concrete, metal, split-faced block, wood-lap siding, or fiber cement board.

(e) General Building Frontage Principles.

(1) Building projections, signs, balconies, awnings and bay windows may encroach into the right-of-way.

(2) Gallery overhangs and arcades may encroach upon public right-of-way and overlap the sidewalk provided they do not disrupt public use. A pedestrian passageway with ten-foot vertical clearance must be maintained underneath.

(3) Buildings with retail frontages may have varied storefronts reflective of the tenant businesses.

(4) Parking lots shall be buffered from all public street frontages with building, wall, fence, landscaping, or mound.

(f) General Parking Principles.

(1) A parking strategy will be submitted with a plan addressing adequate parking needs for the proposed development and how it fits with existing and planned parking within the District. Shared parking between the various blocks shall be permitted and the presence of shared parking and/or public or private parking areas (including, but not limited to, on-street parking) shall be considered when reviewing the adequacy of parking needs for the proposed development.

(2) Along Yard Street in blocks A through I, off-street parking should be located to the rear or side of a building.

(3) Large surface parking lots should have additional landscaping to compensate and visually reduce the mass of the parking area.

(4) Temporary parking conditions for future phases are permitted.

(5) Public parking stall sizes may vary, but shall not be less than 8' -6' wide by 18' deep, and shall not be less than a 58-foot parking module.

(6) Curb-cut widths leading to off-street parking spaces shall be minimized to encourage pedestrian cross movement and safety.

(h) General Landscape Principles.

(1) The Private Amenity Zone, where provided, shall include landscape or hardscape that is complementary to the streetscape.

(2) Areas between commercial buildings shall include a pedestrian plaza, pathway, or landscaping.

(3) Street trees may be removed in place of a gallery overhang or arcade and substituted with lower landscaping.

(i) General Lighting Principles.

(1) All site lighting fixtures shall be cut-off in type.

(2) Building lighting may be used to highlight architectural features.

(Ord. 2019-05. Passed 2-4-19.)

1157.09.10 RESERVED.

1157.09.11 RESERVED.

1157.09.12 SIGN PRINCIPLES.

(a) Purpose. The District has been created to foster a mixed-use commerce district that is vibrant and full of energy organized along feature streets full of activity. It is designed to attract retail and office tenants. To this end, graphics in the form of signs (including, the various types of signs described in Section 1157.09.12( d) below) and banners are an important component to the overall character and success of the District. To achieve this vision, the principles herein shall adhere to this purpose.

(b) Procedures.

(1) These sign principles shall be applied within the District.

(2) An application for signage approval shall be submitted to the Director. The applicant shall submit the following information: a) Scaled elevation of the proposed signage; b) Location of the proposed signage; and c) Proposed construction of the sign including materials, illumination, and mounting specifications.

(3) The sign application shall be accompanied by a Grandview Yard Sign Application Checklist (Sign Checklist) demonstrating compliance with Section 1157.09.12 in the form attached hereto. If the Sign Checklist complies with the provisions of this Section 1157.09.12 , the Director shall issue an approval for such signage within ten (10) working days from the receipt of a complete application, subject to the review and appeal procedures set forth in Section 1157.09.05 (e). Any denial shall specify the issues giving rise to the denial.

(1) It is anticipated that each business will have primary signage and secondary signage. Primary signs are intended to be the main identifiers of a business while secondary signage should be subordinate in size and character.

(2) It is anticipated that a number of buildings and businesses will have main entries on multiple sides of the building. In these situations, additional primary and secondary signage shall be permitted on those sides.

(3) The copy of the sign should be restricted to the name, address, function, and logo of the establishment. Phone numbers, web sites, and rates should not be posted on a permanent sign.

(4) Standard retail signs, including standard logos and colors, shall be acceptable even if such standard retail signs do not otherwise comply with the standards of this Section 1157.09.12 .

(5) Signs may be lighted from exterior sources, provided that the light source is cut-off.

(6) The District is known publicly as "Grandview Yard". Gateway signs identifying the District shall be permitted.

(7) Wayfinding signs are permitted throughout the District.

(8) All public parks within the District will be denoted by a small sign indicating that the space is a public park.

(d) Examples of Permitted Signs.

(1) AWNING SIGN- Letters and graphics applied to the surface of an awning.

(2) BANNER SIGN- Signs mounted perpendicular to a building facade and are constructed of an awning type materials. They are mounted vertically at two points.

(3) BLADE SIGN- A sign that is mounted perpendicular to a building face.

(4) GATEWAY SIGN- A larger sign that identifies the District area and/or the tenants or other occupants of the District. This sign type can take the form of a monument or pylon sign or some type of specialty sign attached to or composed of an architectural feature.

(5) MARQUEE SIGN- Letter forms that are attached to or project above a vertical surface of an architectural canopy.

(6) MEDALLION SIGNS- Plaques or mosaics set flush into pavement.

(7) PLAQUE SIGN- Dimensional panels mounted flat against the building facade.

(8) PRIMARY SIGN- A sign that is generally larger in scale or prominence and is the main business identifier.

(9) SECONDARY SIGN- A sign that is smaller in scale and prominence than a primary sign on a building facade and is generally pedestrian oriented.

(10) SIDEWALK SIGN- A sign placed on the sidewalk and is fabricated as such that the sign imagery and/or information can be changed.

(11) TEMPORARY SIGN- A small sign advertising the sale or lease of that property, or a ground-mounted sign that advertises future development of that property. See Section 1167.01 .

(12) WALL SIGN- Letter or logo forms attached to a panel or directly to a building facade.

(13) WINDOW SIGN- Letters and graphics that are placed directly on or behind the glass of window and/or doors. They can also consist of neon signs displaying the tenant's identity.

(Ord. 2019-05. Passed 2-4-19.)

1157.09.13 RESERVED.

GRANDVIEW COMMERCE MIXED USE DISTRICT

Development Application Checklist

APPLICANT

PROJECT NAME

PROJECT USE

Pre-Application Review Meeting Date:

SUBMITTAL DATE

SUBMITTAL CHECKLIST

Completed Application

Payment of Required Fees

If the application includes a lot split or subdivision request, legal description and/or property survey for each parcel included

Development Statement or Graphic Illustration describing major aspects of proposed Project and how it relates to existing and future development, consistent with 1157.00.01 and 1157.09.09.

Development Plan Content

Included Not Applicable

Parking and loading areas

Provisions for waste and refuse handling

Landscape Plan

Signage and graphics

Exterior lighting plan

Exterior building design surface treatments and material board

Street cross sections, street tree plans and street furnishings

Park and open space construction plans

Property and/or lot lines

Included Not Applicable

Existing Conditions Plan that includes:

" At least 100-foot radius

" North arrow and bar scale

" Accurate boundaries of the development area including dimensions, total

" Acreage and all adjacent rights-of-way

" Existing public improvements, permanent facilities, easements for public use and property boundaries

" Existing structures on the site and abutting properties

Depiction of existing public and private utility systems

The location of any lands to be dedicated to the City

The general vehicular circulation pattern.

SUBDIVISION PLAT/LOT SPLIT

Yes No N/A

Consistent with the District Framework Plan

Does not include the creation of any new publicly dedicated streets

DEVELOPMENT PLAN CHECKLIST

Yes No N/A

Are pedestrian connections established between the parking area and the sidewalk along the public right-of-way for the commercial building which the parking area primarily serves?

Are building heights four (4) stories or less west of Bobcat Street and/or eight (8) stories or less between Bobcat and Yard Streets?

Do windows utilize transparent glass on the first floor of commercial buildings?

Is rooftop mechanical equipment screened from view from the public rights-of-way at the primary façade?

Do building materials consist of primarily brick, stone, stucco (smooth or sand finish), glass, pre-cast masonry, pre-cast concrete, metal, split-faced block, wood-lap siding, and/or fiber cement board?

Does the parking strategy plan adequately serve the parking needs of the proposed development while taking into consideration shared and public or private parking (including on-street) opportunities?

Are parking lots buffered from public street frontages with building, wall, fence, landscaping, and/or mounds?

Is landscaping used to visually reduce the mass of the parking area?

Are parking stalls at least 8' -6' wide by 18' deep, and fit not less than a 58-foot parking module?

Do areas between commercial buildings include a pedestrian plaza, pathway, or landscaping?

Does site lighting utilize cut-off fixtures.

Is it a Retail Building in Block N, O or P? If so, must have concept review from Council.

DEVELOPMENT DATA

If Project within an area of the District subject to a Development Agreement:

1. Amount and percentage of acreage subject to Development Agreement developed excluding the Project:

2. Amount and percentage of acreage subject to Development Agreement developed including the Project:

3. Amount and percentage of acreage subject to Development Agreement remaining to be developed, following the development

of Project:

4. Total amount of the following development to date of the acreage subject to the development Agreement, including the Project:

Office [sq. ft.] _____________________

Retail [sq. ft.] _____________________

Residential [units]

Applicant certifies that the proposed Project complies with the Grandview Commerce Mixed Use District Framework Plan and Development Principles required by Section 1157.09 of the Codified Ordinances of the City of Grandview Heights, Ohio.

Dated: APPLICANT:

By:

Name:

Title:

---------------------------------------------------------------------------------------------------------------------

TO BE COMPLETED BY DIRECTOR [ FOR CITY INTERNAL USE ONLY]:

Date application filed with Building Department: _________________________________

Is application complete?

YES

City Engineer Comments: ____________________________________________________

_________________________________________________________________________

If application is for Private Improvements, Public Space Improvements, for Parking Structures identified on the District Framework Plan as of July 8, 2024, Building Director hereby

APPROVES DENIES (circle one) application

If application is denied, state reason(s) for denial (attach additional pages if needed):

______________________________________________________________________________

______________________________________________________________________________ ______________________________________________________________________________

If application is for any single family detached or two-family detached residential dwelling(s) located east of Bobcat Avenue, Publicly Dedicated Improvements, Parking Structures not identified on the District Framework Plan as of July 8, 2024, or improvements to be constructed within one hundred feet (100') of the western boundary of the District in Blocks N, O and P, to be heard by Planning Commission on ______________, with recommendation to be sent to Council for approval within 30 days of filing.

Planning Commission recommendation: __________________________________________________

Council heard application on __________ and APPROVED DENIED (circle one) the application.

If application is denied by Council, state reason(s) for denial (attach minutes of Council meeting or additional pages if needed):____________________________________________________________

______________________________________________________________________________

_____________________________________

Signature of Building Director Date

GRANDVIEW COMMERCE MIXED USE DISTRICT

Signage Checklist

APPLICANT

PROJECT

ADDRESS

DATE

SUBMITTAL CHECKLIST

Completed Application

Payment of Required Fees

Signage Proposal

Included Not Applicable

Scaled elevation of the proposed signage

Location(s) of primary and secondary tenant signage elements

Location(s) of primary and secondary building signage elements

Proposed construction of the sign including materials, illumination, and mounting specifications

Graphic illustration depicting sign appearance, including dimensions, colors, and lighting technology (sign may only include name, address, function, and graphic logo of the establishment)

Applicant certifies that the proposed signage complies with the Sign Principles required by Section 1157.09.12 of the Codified Ordinances of the City of Grandview Heights, Ohio.