Highland Heights City Zoning Code

TITLE THREE

Zoning Districts; Uses

CHAPTER 1125 Unit Development Yard Regulations

EDITOR'S NOTE: Former Sections 1125.01 to 1125.04 were repealed by Ordinance 53-1982, passed September 28, 1982.

1121.01 DISTRICTS ESTABLISHED.

For the purpose of this Zoning Code and the Zone Map herein adopted, the City is hereby divided into the following districts:

RESIDENTIAL DISTRICTS

Title	Abbreviation
One-Family	U-1
Two-Family	U-2
Multi-Family	U-3

BUSINESS AND MANUFACTURING DISTRICTS

Automobile Parking	P
Office Building	O-B
Local Business	L-B
Motor Service	M-S
General Business	G-B
Park-Commercial-Light Manufacturing	P-C-M

RECREATION AND RESIDENTIAL DEVELOPMENT DISTRICT

Council hereby ordains that such districts within the City shall be as are set forth on the Zone Map.

Whenever the abbreviated terms, U-1, U-2, etc., are used in this Zoning Code, they shall be construed as referring to their corresponding district titles.

Buildings and land shall be used only for the uses specifically set forth in this Zoning Code as permitted in the district and not for uses enumerated in any other use classification of this Zoning Code, unless such uses are specifically permitted in this Zoning Code.

(Ord. 8-1973. Passed 4-24-73.)

1121.02 ZONE MAP.

The districts listed in Section 1121.01 are designated by symbols, with the boundaries of such districts established on a map entitled "Zone Map of Highland Heights, Ohio", dated July 9, 1963. The Zone Map, including all notations, references, data and other information shown thereon, is hereby made a part of this Zoning Code, and may be amended in the same manner as any other part of the Zoning Code.
(Ord. 21-1963. Passed 7-9-63.)

1121.03 DISTRICT BOUNDARY LINES.

The district boundary lines are intended to follow the center lines of streets, alleys, lot lines or their extensions. Where a boundary line obviously does not coincide with any of the aforesaid lines, and where it is not located by dimensions shown on the Zone Map, it shall be determined by use of the scale appearing thereon. Any errors which may occur in the determination of such district boundary lines shall become the subject of amendment to this Zoning Code. (Ord. 21-1963. Passed 7-9-63.)

1121.04 REGULATIONS APPLYING TO ALL DISTRICTS.

(a) The cultivation, processing or retail dispensing of marijuana for medical and recreational purposes is prohibited in all zoning districts of the City of Highland Heights.

(b) The retail sale of vapor products as defined in Ohio Rev. Code 2927.02(8) is hereby prohibited in all zoning districts of the City of Highland Heights.

(Ord. 26-2025. Passed 10-14-25.)

1123.01 PURPOSE AND INTENT.

Various residential districts and their regulations are established in order to achieve

the following purposes:

(a) Regulation of bulk and spacing of buildings in relation to land in order to obtain proper light, air, privacy and usable open spaces on same lots, as is appropriate for each district;

(b) Protection from fire, smoke, noxious fumes, odors, dust, offensive noises, invasion of abnormal vehicular traffic and other objectionable influences;

(d) Regulation of density and distribution of population in scale with community facilities and to avoid congestion; and

(e) Promotion of the most desirable and beneficial use of the land in accordance with a well considered plan, promotion of stability and protection of the character of existing residential developments, enhancement of land value and conservation of the values of buildings. (Ord. 21-1963. Passed 7-9-63.)

1123.02 CONFORMITY REQUIRED.

Buildings and land shall be used, and buildings shall be erected, altered, moved or maintained only for the uses listed under Section 1123.03.
(Ord. 21-1963. Passed 7-9-63.)

1123.03 PERMITTED USES.

District	Main Buildings and Uses	Accessory Buildings and Uses
U-1	(a) One-family dwellings	(a) Private garages and parking facilities
	(b) Publicly owned parks, playgrounds and buildings	(b) Garden and recreation uses, structures, pools, fences, walls
		(c) Home offices and occupations
		(d) Renting of rooms
U-2	Two-family dwellings	(a) Storage garages and parking areas accessory to two-family dwellings
		(b) Also accessory uses provided in U-1 (items(b) through (c))
U-3	Multi-family dwellings	(a) Storage garages and parking areas accessory to multi-family
		(b) Also accessory uses provided in U-1 (items (b) through (d)).

(Ord. 21-1963. Passed 7-9-63.)

1123.04 CONDITIONAL USES.

Certain types of main uses are classified as conditional uses in this Zoning Code, because of their uncommon characteristics, infrequency of occurrence or their large land area requirements. These conditional uses, such as schools, libraries, public institutional buildings, noncommercial community centers, semipublic institutions, churches, kindergartens, public utility buildings and other public and semipublic buildings, because they may be essential elements of the community and may contribute to the public convenience or welfare, are therefore permitted in specific districts. However, such uses, because of their nature, require approval by the Commission and confirmation thereof by majority vote of Council as to their proper location in relation to adjacent developments, and with respect to the entire community. Procedures for evaluating and approving conditional use permits have been set forth and are found in Chapter 1109. (Ord. 21-1963. Passed 7-9-63.)

1123.05 ACCESSORY USES.

The following are the permitted accessory uses:

(a) Parking Facilities. Private and/or storage garages or open off-street parking areas are permitted and required in residential districts in accordance with the standards set forth in Chapter 1141. An occupant shall be permitted to repair his vehicle, however, the rebuilding or dismantling of a vehicle in an open yard is prohibited .

(b) Home Offices. Offices may be permitted in residential districts in the homes of members practicing any of the recognized professions, specifically an accountant, architect, artist, engineer, lawyer, musician, physician, manufacturer's representative, sculptor, author, realtor, composer, clergyman, teacher, and tutor, provided:

(1) Only members of the family work therein;

(2) They do not change the residential character of the dwelling exterior;

(3) They do not utilize equipment which will create any objectionable disturbances beyond the premises; and

(4) They do not attract any greater number of vehicles to such premises than can be parked in the driveway as provided in Chapter 1141.

(c) Home Occupations. A gainful home occupation may be conducted in a residential district, such as dressmaking, arts and crafts, and home decorating, but excluding uses listed in business districts, provided only members of the family may be employed therein and provided:

(1) They are conducted wholly within the dwelling;

(2) No merchandise is sold except that which is produced or grown on the premises;

(3) No mechanical equipment is used which will create objectionable disturbances beyond the premises;

(4) The space used for sale and production does not occupy more than twenty-five percent (25%) of the floor area, no part of which shall be in an accessory building, or change the residential character of the dwelling exterior;

(5) They do not attract any greater number of vehicles to such premises than can be parked in the existing driveway, as provided in Chapter 1141; and

(6) They do not have an adverse environmental impact.

(d) Renting of Rooms. The renting from a resident family of not more than two rooms to not more than two persons is permitted in residential districts, provided that the exterior character of the dwelling is not changed.

(e) Recreational Facilities. Tool sheds and recreational facilities, such as swimming pools, patios, picnic grills, playhouses, children's playground equipment and swimming pool cabanas may be permitted in the rear yards of residential districts. Insofar as possible, all accessory uses shall be combined into one structure. Architectural style, materials and colors of accessory building shall conform to that of the main use structure.

Total area of any enclosed, aboveground structure, not including swimming pools or buildings directly related to the use or operation of swimming pools, erected separately from the main use structure on any one zoning lot, shall not exceed: (Ord. 8-1993. Passed 4-27-93.)

(1) 144 square feet or one percent (1%) of the lot area on a single family residentially zoned lot of 20,000 square feet or less, whichever is greater. Only one such building may be erected on a lot this size.

(2) One percent (1%) of the lot area on a single family residentially zoned lot or more than 20,000 square feet, except that the maximum total area of all such accessory buildings shall not exceed 500 square feet. Only one such building may be erected on a lot this size.

(Ord. 12-2018. Passed 4-24-18.)

(f) Detached Garages. In those cases where the main use structure does not have an attached garage, as defined in Section 1101.06, a detached garage may be constructed on the premises.

All dimension and set-back requirements governing garages set forth in Chapter 1141 shall apply herein. Notwithstanding this section, one accessory building not to exceed twelve feet by twelve feet in area shall be permitted on a lot with a detached garage.

(g) Permit Required. Fences, walls and all accessory structures shall require a building permit.

(h) Animals. Animals of the usual household pet varieties may be permitted in residence districts in accordance with Chapter 505 of the Codified Ordinances. Other domestic animals may be maintained in a residential district in accordance with the following schedule and regulations:

	Lot Up To 1 Acre		1 - 5 Acres		5 - 50 Acres
Type and Size of Animal
	No Distance*		No. Distance*		No Distance*
Fowl, rabbits and other caged animals to 5 lb. live weight, each	12	100 ft.	25	100 ft.	50	200 ft.
Animals 5 - 100 lb. live weight, each	None Permitted		5	100 ft.	10	200 ft.
Animals over 100 lb. live weight, each	None Permitted		None Permitted		5	200 ft.

* Distance shall be minimum distance between cages, pens or roaming yards, and nearest dwelling on adjacent lots. Nonstructures, such as trailers, tents, etc., shall not be used to house or confine animals, equipment, feed or straw.

Objectionable noises or odors shall not reach beyond the premises.

(Ord. 8-1993. Passed 4-27-93.)

1123.06 PROHIBITED STREET CONNECTIONS.

No street in any residential district shall be connected to any adjoining property where such adjoining property is either zoned for or in current use as either Park-Commercial-Light Manufacturing, General Business or Office Building. (Ord. 23-1987. Passed 7-28-87.)

1123.07 CONDITIONS GOVERNING SIGNS.

(EDITOR'S NOTE: This section was repealed by Ordinance 34, 1974, passed May 13, 1975. See Chapter 1145 for sign provisions.)

1123.08 AREA, YARD AND HEIGHT REGULATIONS.

Land and buildings shall be used in accordance with the minimum lot size regulations. All buildings hereafter erected, altered or moved shall conform to the maximum building heights set forth in the following schedule. Front yard dimensions or setback building lines shall, in all instances, be the same as shown on the Zone Map which has been made a part of this Zoning Code. Where no front yard dimensions or building lines are shown on the Zone Map, or in the event of the development of subdivisions subsequent to the adoption hereof, then the minimum front yard dimension or building line shall be as established in this Zoning Code according to the following table:

District Type	Minimum Lot Area		Minimum Yard Dimensions				Maximum Stories
	(g)
	Area per Dwelling Unit(sq. ft.)	Width at Bldg. Line (ft.)	Front Depth (ft.) (a)	Side Width (feet) (d) One Total		Rear Depth (ft.)	Main Bldg. (c)	Access. Bldg. (c-1)
U-1 1- Family	33,000(h)	125	60	20	40	70	2-1/2	1
1-Family Corner Lot	33,000(h)	125	65	20	60	70	2-1/2	1
U-2 2-Family	17,000	100	65	10	20	50	2	1
U-3 Multi-Family	12,000	100	65	(b)	(b)	40	2	1
U-1, 2, 3 Institutional	130,680	150	65	(e)	(e)	40	2-1/2(f)	1

(Ord. 22-1999. Passed 7-27-99.)

Notes: (a) The front yard depth in residential districts shall not be less than indicated on the above schedule unless otherwise shown on the Zone Map. However, on any street in a Class U-1, U-2 or U-3 District, where no building line is designated on the Zone Map, the location of the building line shall be as follows:

The same distance from the street line as the average distance from the street line as all buildings located on the same side of the street, and within four lots on both sides of such lot, but not less than sixty feet. The difference in setback shall be not more than ten feet between adjoining lots insofar as possible.

(b) The side yards for multi-family shall be determined in accordance with Chapter 1127.

One-story shall be not over fifteen feet in height.

(c-1) One-story shall be not over twelve feet six inches in height.

(d) For corner lot, side yard requirements, see Section 1123.15.

(e) Side yards for institutions shall be determined in accordance with Section 1123.16.

(f) Two and one-half stories shall be not over forty feet in height.

(g) Minimum area per dwelling unit not connected to the Cuyahoga County sanitary sewer system shall be 45,000 square feet and have a minimum width of 100 feet.

(h) Minimum depth of lot shall be 200 feet.

(Ord. 16-1988. Approved by voters 5-3-88.)

1123.09 MAIN BUILDINGS PERMITTED ON ZONING LOT.

There shall be not more than one one-family or one two-family dwelling located on a zoning lot. No dwelling shall be located to the rear of any building on the same lot. However, where several lots are utilized and with the consent of the Building Commissioner, with the approval of the Commission, there may be more than one multi-family dwelling on a zoning lot.

In addition there may be one or more accessory buildings on the same zoning lot with the main building in any residential district, provided such accessory building is constructed concurrent with or subsequent to the main building and further provided that same to not encroach upon any required side or front yard. (Ord. 21-1963. Passed 7-9-63.)

1123.091 SIZE OF GARAGES.

The interior finish size of all two car garages shall have a maximum of 25 feet in depth, a minimum of 22 feet in depth, and a maximum area of 550 square feet. The interior finish size of all three car garages shall have a maximum 25 feet in depth, a minimum of 22 feet in depth and a maximum area of 800 square feet provided that the dwelling has a living area of not less than 2,500 square feet. The interior finish size of all four car garages shall have a maximum of 25 feet in depth, a minimum of 22 feet in depth and a maximum width of 44 feet. All four car garages must be side entry, built on lots with a minimum area of 25,000 square feet, built for homes with a minimum of 3,500 square feet of habitable living space, and built on lots with a minimum 125 feet building line. Any tandem parking design for a garage is prohibited. Habitable space may be constructed between permitted garage areas subject to Architectural Review Board approval.
(Ord. 23-2014. Passed 10-14-14.)

1123.10 REQUIRED AREA TO BE MAINTAINED.

No portion of a lot necessary to provide the required lot area for a dwelling unit shall be separated in ownership from that portion of the lot upon which the dwelling is located, and no portion necessary to provide required lot area shall be considered as providing the required lot area for another dwelling to be located adjacent to it, nor shall required parking be utilized by another use or building except as herein specifically permitted.

(Ord. 21-1963. Passed 7-9-63.)

1123.11 EXCEPTIONS TO BASIC AREA OR WIDTH REGULATIONS.

Any lot which does not conform to area or width requirements of the district in which it is located may only be used as a site for a dwelling of the type permitted in the district provided:

(a) The lot was of record, in County Recorder’s office, and the owner thereof owned no adjacent land available for use in connection with such lot, at the date when this Zoning Code, or amendment thereto, made such lot nonconforming;

(b) The owner thereof, not owning adjoining land, cannot equitably acquire additional land adjoining such parcel; and

(c) All other regulations as prescribed by this Zoning Code, except lot area and width, are complied with. (Ord. 21-1963. Passed 7-9-63.)

1123.12 LOT AREA IN MULTI-FAMILY DEVELOPMENTS.

For computation of area and density requirements, the area of a parcel for development of multi-family dwellings shall exclude large recreational areas, unbuildable areas because of irregular topography, and areas that are dedicated or to be used for street purposes.

(Ord. 21-1963. Passed 7-9-63.)

1123.13 REQUIRED YARD TO BE MAINTAINED.

The required yard surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a yard for any other existing building on an adjacent lot, nor shall any part of a yard, required for an existing building not located on the lot adjacent to such building, be considered as providing a yard for a future building. (Ord. 21-1963. Passed 7-9-63.)

1123.14 SIDE YARDS.

The minimum width of either side yard of a zoning lot shall be not less than the width of one side yard as shown on the Schedule of Area, Yard and Height Regulations, Section 1123.08. The total width of both side yards of a zoning lot shall be not less than the total width of side yards as shown on such Schedule, except as the total may be affected by corner lot requirements.

The total width of two adjacent side yards of adjacent zoning lots shall be not less than the total width of side yards for one lot as shown on the Schedule of Area, Yard and Height Regulations, Section 1123.08, except as may be permitted under Chapter 1143.

(Ord. 21-1963. Passed 7-9-63.)

1123.15 SIDE YARDS ON CORNER LOTS.

The width of the side yard on the side street or a corner lot shall not be less than forty feet, unless shown otherwise on the Zone Map. (Ord. 21-1963. Passed 7-9-63.)

1123.16 YARDS FOR INSTITUTIONS.

Institutional buildings, public or semipublic permitted in residential districts, shall have front and rear yards as required for buildings in the specific residential district in which they are located. Their side yards, depending upon the type of institution, shall not be less than as follows: schools, colleges, community centers, hospitals, churches, libraries, museums or other institutions shall be located a distance at least two and one-fourth times the building height from each side lot line. (Ord. 21-1963. Passed 7-9-63.)

1123.17 YARDS FOR ACCESSORY BUILDINGS AND SOLID WALLS.

(a) No solid wall, tool shed or other enclosed structure shall be located closer to the side yard line than the main use structure. The rear lot line setback shall be not less than five feet, provided that live landscaping, as a screening, is utilized, and ten feet if no landscaping is utilized. All tool sheds or other enclosed structures located on corner lots shall be not less than ten feet from the rear lot line, shall utilize landscaping, as approved by the Building Commissioner, as screening, and shall be located behind the front set back of the adjoining rear property. No solid wall, tool shed or other enclosed structure shall be closer than twenty- five feet to a street line. Height to solid walls shall not be more than six feet.

(Ord. 41-2004. Passed 12-14-04.)

(b) Any temporary building permitted, such as a contractor’s office or storage facilities, shall not be located within a required side yard. (Ord. 2-2003. Passed 4-8-03.)

1123.18 PROJECTIONS INTO YARDS.

(a) Horizontal Features. Required front or side yards shall be open and unobstructed from the ground to the sky, except that cornices, belt courses, sills, canopies, awnings, air conditioners and other similar horizontal features may project:

(1) Into required side yard not in excess of thirty inches.

(Exception: high efficiency air conditioning condensers may project forty-two (42) inches into a side yard which has a minimum setback of ten (10) feet).

(2) Into required front yard not more than thirty-six inches.

(b) Vertical Features. Vertical features such as chimneys, bay windows, etc., may not project into a required front yard. Vertical features may project into a required side yard not more than one foot.

(c) Ground Features. Open porches, sportcourts, platforms, patios, landings or other features in a U-1 or U-2 Residential District shall never project into a required side or front yard. No open porch, sportcourt, platform or deck in a U-1 or U-2 Residential District shall be closer than forty feet to the rear lot line.

(d) Sportcourts. Private sportcourts, tennis courts, and similar installations shall be permitted as an accessory use if it complies with the following conditions and requirements:

(1) The lot shall be a minimum of 25,000 square feet.

(2) The rear yard setback shall be 40 feet.

(3) The installation shall be no closer to the side yard than the main use structure.

(4) Grading plan approval by the City Engineer.

(5) The installations is to be used solely for the enjoyment of the occupants of the property on which it is located.

(Ord. 29-2004. Passed 12-14-04.)

1123.19 LANDSCAPE FEATURES IN YARDS.

Landscape features, such as fences, walls, hedges, trees, shrubs, pools and driveways may be permitted in a required front, side or rear yard as follows:

(a) Front Yards. In front of building line, walls or hedges shall be not more than four feet above ground, provided at least twenty-five percent of the vertical surface of any front yard or wall shall be open to light and air, and that any wall shall be of uniform design, painted or otherwise well maintained.

(b) Front Yard, Corner Lot. Landscape features shall not be located within a triangle formed by lines drawn between points on such front lot line and side lot line of a corner lot thirty-five feet from their intersection, and thereby obstruct the normal sight lines (those lines within which no landscape feature may be placed within a vertical height band of two and one-half feet to six feet curb level).

(d) Other Features. Floodlights, searchlights, loud speakers or similar features shall not be erected or used in a residential district so as to cause a nuisance to the adjoining lots. Such nuisances shall be as determined in accordance with the following:

(1) Noise. The sound pressure level of any operation on a lot shall not exceed the average intensity of the street traffic noise at the nearest street, and no sound shall be objectionable due to intermittence, beat frequency or shrillness.

(2) Lighting. The direct beam of any floodlight, searchlight, etc., may not project beyond a distance twice the vertical height of the source from the ground level.

(Ord. 8-2002. Passed 4-23-02.)

(e) Rain Barrels. Above ground and prefabricated storage receptacles with an automatic overflow diversion system that collects and stores water runoff.

(1) Design and Construction. Rain barrels may be placed in the rear yard only, where not visible from street and have a maximum capacity of eighty gallons.

They shall be of a solid color that blends with the exterior of the dwelling unit and contain an overflow device which shall direct water away from the foundation wall of the dwelling unit so as not to cause excessive erosion or water damage. The water from the overflow device shall be directed to the public storm sewer system.

(2) Maintenance. Rain barrels shall be covered at all times, cleaned occasionally to remove any debris, as well as drained, cleaned, and disinfected annually to avoid freezing in the winter months.

(3) Permit. Before installation of a rain barrel, the owner or owner's agent, shall make application to the Building Commissioner for a permit. The application shall specify the number of rain barrels to be installed along with their size, color, and location. The permit fee shall be twenty dollars ($20.00).
(Ord. 3-2012. Passed 3-27-12.)

1123.20 STRUCTURES PERMITTED ABOVE HEIGHT LIMITS.

Main or accessory buildings shall be erected, altered or moved in accordance with the maximum height of building as established, except that the following structures may be permitted above the aforesaid limitations:

(a) Institutional Buildings. Only chimneys, church spires, towers, flag poles, water tanks and other permitted mechanical appurtenances located upon or constituted as an integral part of a main institutional building may be erected, provided that height of such feature as measured from the ground level does not exceed the horizontal distance from the base of such feature to the nearest lot line, or fifty feet, whichever is the lesser.

(b) Residential Buildings. Only chimneys, radio or television antennae, located upon and constituted as an integral part of a main residential building may be erected above the height limit specified, but are limited to a height not exceeding fifty feet above the finished grade (Ord. 21-1963. Passed 7-9-63)

1123.21 FENCES.

(a) Definitions.

(1) "Privacy fence" means a fence made to inhibit public view and provide seclusion. Permitted privacy fences are:

A. "Basket weave or woven fence" means a fence made of interwoven strips or slats flexible or semi-flexible material in which the pattern has the appearance of plaited basket.

B. "Stockade (palisade) fence" means a fence constructed with a row of large stakes placed upright against each other. This definition shall include that fence commonly known as a "board on board" fence.

C. "Combination fence" means a solid fence five feet in height capped with a one foot high lattice top. The lattice portion shall be composed of roughly equal solid and open amounts.

(2) "Open ornamental fence" means a fence, usually made of wood, constructed for its beauty or decorative effect and having not less than twenty-five percent (25%) of the area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air. Permitted open ornamental fences are:

A. "Rail or split rail fence" means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.

B. "Picket fence" means an open fence made of upright poles or slats.

(3) "Chain link fence" means a fence, usually made of metal, consisting of loops of wire interconnected in a series of joined links.

(4) "Living fence" means a fence consisting of the growth or placement of any hedges, trees, bushes, plants or combination thereof into a vision-impairing or solid fence. For purposes of this subsection, the term "vision-impairing fence" includes any fence, hedge or group of trees, bushes or plants which impedes the ability of pedestrians, especially children, to see oncoming objects approaching from the opposite side, or impedes the ability of such oncoming objects to see pedestrians, especially children, when such pedestrians are on the front sidewalk or other part of the dedicated area of the street commonly used for pedestrian traffic.

For purposes of this subsection, the term "solid living fence" includes any hedge, group of bushes, or plants or any combination of fence, hedge, bushes or plants, if such fence, hedge, group or combination blocks entrance of light and movement of air from adjoining areas.

(b) Permitted Fences. Fences shall be permitted as follows:

(1) Open ornamental fences. Open ornamental fences shall be permitted as follows:

A. Front yards. Open ornamental fences may be erected in front yards parallel to the building line to a height not exceeding three feet; provided, however, that rail or split rail fences may be erected in front yards parallel to and three inches from the common property line and three feet from the street right-of-way line.

B. Rear yards. Open ornamental fences may be erected in rear yards parallel to and six inches from the common property line to a height not more than six feet.

(2) Chain link fences. Chain link fences shall be permitted only in rear yards. Such fences may be erected three inches from the common property line to a height not more than five six feet above the natural grade, except where swimming pool enclosure requirements shall be applicable.

(3) Living fences. Living fences shall be permitted as follows:

A. Front yards. Living fences may be erected in front yards parallel to and three feet from the common property line and three feet from the street right-of-way provided that its height is not greater than three feet and the fence is not vision-impairing.

B. Side and rear yards. Solid living fence may be erected in side and rear yards parallel to and three feet from the common property line to a height of not more than three feet in side yards and five feet in rear yards.

(4) Privacy fences. Privacy fences shall be permitted only in rear yards provided that such fences may be erected not more than six feet in height and further provided that it does not encroach upon the required side and rear yard requirements.

(1) No fence shall be constructed in any area that constitutes a recorded easement nor in any drainage swale.

(2) Where a permitted fence is erected in a front or rear yard along more than one property line, such fence shall be uniform on all sides.

(d) Corner or Through Lot. Where a rear or side yard abuts a street, fences otherwise permitted in side or rear yards shall not extend into required yards, provided, however, that this provision shall not prohibit permitted rail or split rail fences erected in such side or rear yards parallel to and not nearer than three feet to the side yard right-of-way line and three inches from the rear property line at a height not more than three feet above the natural grade.

(e) Permit. Any fence permitted herein shall require the issuance of a building permit by the Building Commissioner in accordance with Section 1311.11 of the Codified Ordinances.

(f) Prohibited Fences. Barbed wire fences and electrified fences are hereby prohibited.

(g) Maintenance. Such permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained at all times with the grass in any such area not exceeding five inches. Any such fences shall be designed, constructed and finished so that the supporting members thereof shall face the property of the owner of the fence.

(h) Penalty. Whoever violates any provision of this section shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.

(Ord. 18-2022. Passed 6-22-22.)

1124.01 PURPOSE AND INTENT.

(a) The City of Highland Heights, Ohio, includes several large residential parcels of land, which, to date, have not, for various reasons, been developed for residential purposes. The development of these remaining large land parcels for residential purposes would be in the best interest of the City which has an overall residential character. The establishment of the Recreation and Residential Development (R & R) District allows for the development of unified and pre-planned residential areas within the City, and provides land developers with the opportunity to utilize contemporary architectural design, site arrangement, landscaping and land development technologies. The provisions contained in this chapter are intended both to enhance the growth of the City as a residential community and to provide for the preservation of existing environmental conditions.

(b) Because of the special characteristics of a Recreation and Residential Development (R & R) District, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of other chapters of this Zoning Code, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in the Planning and Zoning Code of the City of Highland Heights.

(Ord. 40-1986. Approved by electors 11-4-86.)

1124.02 DEFINITIONS.

As used in this chapter, certain terms are defined as follows:

(a) "Detached single family cluster dwelling" means a main building consisting of one dwelling unit, detached or separated from other dwelling units by specified setbacks.

(b) "Attached single family cluster dwelling" means single family dwelling units, which are attached to one another by varying combinations of common walls and floors and which have individual heating and plumbing, and a separate exterior entrance.

(c) "Recreation and Residential Development (R & R)" means an area of land in which housing units are accommodated in a preplanned environment under more flexible standards allowing for clustering of houses to preserve common open space for scenic beauty and recreation for the use of residents in the R & R.

(d) "Restrictive covenant" means a declaration or agreement written into a deed or other instrument by the owner of land which stipulates the uses or non-uses of the property as well as performance or nonperformance of certain acts, recorded in the Cuyahoga County Records.

(e) "Residential area" means an area within an R & R District in which dwelling units and appurtenances are constructed.

(f) “Recreation area” means an area substantially open to the sky which may include, along with natural environmental features, a golf course, clubhouse and related parking areas, water areas, swimming pools, tennis courts and other recreational uses and facilities.

(g) "Environmental easement" means a deed restriction by the owner of land which restricts the manner in which the owner's property may be used or developed. The easement can restrict building heights, density, type of development, preserve open space, etc., of the property for which scenic easement is granted.

(h) "Homeowners' Association" means an incorporated, nonprofit organization operating under recorded land agreements through which each dwelling unit owner in a described land area is automatically a member, and each dwelling unit is automatically subject to a charge for a proportionate share of costs and expenses for the association's activities, such as the maintenance of common property and common facilities.

(i) "Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation, and intended to be occupied or occupied by a road, cross-walk, railroad, electric transmission line, oil or gas pipe line, water line, sanitary storm sewer and other similar uses.

(Ord. 27-1988. Approved by voters 11-8-88.)

1124.03 PERMITTED BUILDINGS AND USES.

Buildings and land shall be used, and buildings shall be erected, altered, moved or maintained in a Recreation and Residential Development (R & R) District only in accordance with the following uses:

(a) Main Buildings and Uses.

(1) Residential areas.

A. Any area or areas within the R & R District may be used for one- family dwellings permitted in accordance with Section 1123.03 of the Planning and Zoning Code of the City of Highland Heights.

B. Detached single family cluster dwellings.

C. Attached single family cluster dwellings.

(2) Recreation areas.

(b) Accessory Buildings and Uses.

(1) Enclosed garages and open parking areas for the use of guests of the occupants of single family cluster units.

(2) Fences, walks, pools, restrooms, clubhouses.

(3) Maintenance facilities for golf courses.

(4) Signs.

(Ord. 40-1986. Approved by electors 11-4-86.)

1124.04 SPECIAL PROVISIONS GOVERNING RECREATION AND RESIDENTIAL DEVELOPMENT DISTRICTS.

Because of the special characteristics of a Recreation and Residential Development (R & R) District, special provisions governing the development of land for this purpose are required. The provisions of this chapter shall be controlling over any inconsistent or different requirements or provisions of all other sections of the Highland Heights Planning and Zoning Code and Subdivision Regulations. The following special provisions shall apply, to-wit:

(a) Minimum Project Area. In order to qualify for an R & R District there shall be a minimum of not less than 300 areas of contiguous land initially under common ownership.

(b) Maximum Project Density. The overall maximum density within the R & R District shall be two and three-quarters (2.75) dwelling units per acre. In the computations of the total number of dwelling units to be created in the residential areas of the R & R District, the total acreage of the R & R District, including recreation areas located within the R & R District, shall be used.

(c) Minimum Recreation Area Requirements. An R & R District shall satisfy the following requirements relating to the provisions of recreation areas:

(1) Golf course. A minimum of forty percent (40%) of the area of an R & R District, but not less than 120 acres, shall be permanently devoted to golf course use, as provided in Section 1124.06. The golf course shall contain eighteen holes. The golf course may be private or semi-private; a "private" golf course means one which is owned and operated by its membership; a "semi-private" golf course means one which is owned and operated by an individual or entity other than its membership and which charges both annual membership fees and greens fees. The golf course may be owned and operated either by a private party or by the Homeowners' Association comprised of the owners of dwelling units within the R & R District. If the golf course is operated as a semi-private course, all residents within the R & R District and all other residents of the City of Highland Heights shall have an absolute right to become members of the golf course which is constructed within the R & R District, provided that they pay the required annual membership fees and greens fees. For purposes of the foregoing sentence "residents of the City of Highland Heights" shall include persons who live and/or work in the City of Highland Heights.

(2) Recreation facilities for residents of R & R District. In addition to the area devoted to golf course use pursuant to subsection (c)(1) hereof, six acres located at one or more places within the R & R District shall be developed as a recreational facility or facilities, for the exclusive use of the owners of dwelling units within the R & R District. Such recreational facilities shall be installed by the developer of the R & R District, shall be owned, operated and maintained by the Homeowners' Association comprised of the owners of dwelling units within the R & R District and may include tennis courts, swimming pool and related facilities. The location and layout of these recreational facilities shall be included in the development plan and, as such, shall be subject to the approval of the Planning and Zoning Commission and of Council.

(3) Public park areas. In addition to the areas devoted to golf course use pursuant to subsection (c)(1) hereof, and devoted to recreational facilities for the residents of the R & R District pursuant to subsection (c)(2) hereof, six acres of land shall be dedicated or deeded to the City by the developer of the R & R District for public park or recreational uses for all residents of the City. The public park area or areas shall, at the option of the Planning and Zoning Commission, be located either within the R & R District or on lands outside the R & R District, provided that such area or areas shall be reasonably suitable, in the judgment of the Planning and Zoning Commission, for use as a public park or recreational area. In determining such reasonable suitability, the Commission shall consider such factors as the topography of the area to be so dedicated or deeded, the major physical characteristics of such area, the location thereof in relation to the R & R District, the shape of the area to be so dedicated or deeded and other similar considerations as in the judgment of the Commission are relevant to a determination of whether or not the area to be so dedicated or deeded can reasonably be used for public park or recreational purposes. If the Commission finds that compliance with this subsection by an allotter is inappropriate because of the location or character of the land available for the purposes set forth in this section then the allotter shall pay to the City the value of that portion of the subdivision that would have been required to be allocated, such value to be based on sale prices of similar land in Cuyahoga County as determined by Council.

(Ord. 27-1988. Approved by voters 11-8-88.)

1124.05 LAND PLANNING REGULATIONS FOR SINGLE FAMILY DETACHED AND ATTACHED CLUSTER UNITS.

The following regulations shall control the planning, development and use of single family detached and attached cluster units.

(a) Area Regulations.

(1) Access to dedicated streets. Cluster dwelling units attached and/or detached may either be owned in condominium ownership or be located on land owned in fee simple either fronting on a dedicated street or on a private street with rights of access to a dedicated street.

(2) Area to the rear of dwelling units. There shall be a minimum of 400 square feet area of private open space per dwelling unit immediately to the rear of each cluster building, which private open space shall be for the sole use of the residents of such cluster building.

(3) Building setbacks.

A. Front Building Setbacks.

1. The front building setback of dwelling units abutting any dedicated street within the development area may be varied with a minimum setback of thirty-five feet from the nearest edge of the street.

2. Dwelling units abutting any private street within a residential area shall be set back a minimum of thirty feet from the nearest edge of street pavement.

B. Side Building Setbacks.

1. Detached cluster buildings shall maintain a minimum twenty feet separation between adjacent sidewalls of detached buildings.

2. The sidewall separation between two attached cluster buildings or between an attached cluster building and a detached cluster building shall be a minimum of either twenty feet or a distance equal to one-half (1/2) of the combined heights of the two buildings, whichever is greater.

C. Building Setbacks Abutting R & R Development Area Boundary or Common Open Space Area.

1. Detached dwelling units shall be set back a minimum of forty feet from any R & R District boundary and not less than fifteen feet from any common open space area.

2. Attached dwelling unit buildings shall be set back a minimum of forty feet from any R & R District boundary. The end wall of an attached dwelling unit building shall be set back not less than fifteen feet from any common open space area. The main wall of an attached dwelling unit building shall be set back a minimum of twenty-five feet from any common open space area.

3. Notwithstanding the foregoing, only detached dwelling units may be constructed along any R & R District boundary which abuts the rear lot lines of sublots on Castlehill Drive or Sandhurst Drive. Furthermore, such detached dwelling units shall be set back a minimum of fifty-five feet from any such R & R District boundary which abuts the rear lot lines of sublots on Castlehill Drive or Sandhurst Drive.

D. No other setbacks or limitations regarding land area or floor area of dwelling units shall be required except as specified within this Section 1124.05.

(b) Attached Units Per Building. There shall be no more than six attached cluster dwelling units per building and no attached cluster dwelling units shall be built above or below another such dwelling unit.

(c) Maximum Height of Buildings. The maximum height of detached and/or attached cluster buildings shall be two and one-half stories, but not more than thirty-five feet.

(d) Maximum Length of Buildings. The maximum lineal dimension (length) of attached cluster buildings shall be 150 feet. The main wall of an attached cluster building shall not exceed fifty feet in length without a ninety degree offset of at least five feet.

(e) Minimum Dwelling Unit Area Requirement. The minimum dwelling unit area requirement for each attached and/or detached cluster dwelling unit shall be 1,500 square feet, excluding garages, accessory buildings and basement areas.

(f) Driveways. Driveways shall be twenty-two feet in width.

(g) No Open Watercourses. There shall be no man-made drainage ditches within the Residential Areas of an R & R District, unless the Planning and Zoning Commission determines, as part of its review of the development plan or site plans for the R & R District, that such open storm sewers and watercourses are consistent with sound planning practices and with the health, safety and welfare of the present or future residents of the R & R District. The foregoing determination by the Planning and Zoning Commission shall be made only after receipt of a recommendation by the City Engineer.

(h) Private Streets. All private streets shall have a minimum width of pavement of twenty-four feet.

(i) The Homeowners' Association shall control and maintain streets and easements of access on nondedicated private streets. Furthermore, deed restrictions shall be required in such cases to include the following language: “The undersigned grantee(s) hereby acknowledge(s) that he/she/they understand that the premises described herein is located upon a nondedicated street. Further, the grantee(s) understand that no government body is responsible for care and maintenance of such private street. Should a private street ever become public, it shall be reconstructed to public street standards prior to its being accepted as a public street.”

(j) All streets to be dedicated for public use shall conform with the requirements for such streets in Chapter 1167 of the Codified Ordinances where such chapter is not in direct conflict with this chapter.

(Ord. 27-1988. Approved by voters 11-8-88.)

1124.06 CONSTRUCTION OF GOLF COURSE WITHIN A RECREATION AND RESIDENTIAL DEVELOPMENT.

In order to insure that a golf course will be constructed within a recreation and residential development and that, once constructed, the golf course will be preserved as a golf course, the following regulations shall apply:

(a) Guaranteeing Construction of Golf Course. As a condition for approval of a development plan pursuant to Section 1124.11, the owner or developer of the R & R District shall execute a completion guaranty ("completion guaranty") for the benefit of the City, guaranteeing the completion of the golf course within two years following the issuance of the first building permit within the R & R District. The completion guaranty shall be secured in either of the following manners, at the owner's election:

(1) By the delivery of a performance bond for the benefit of the City, in the amount of the anticipated costs of constructing the golf course as determined by the golf course architect and confirmed by the City Engineer ("completion cost"), issued by one or more surety companies authorized to conduct business within the State of Ohio, which bond shall be in a form approved in writing by the Director of Law; or

(2) By deposit of cash, in the amount of the completion cost, with the City or with an escrow agent or trustee. In the event funds are deposited with an escrow agent or trustee, all documents or instruments governing the terms of such deposit shall be approved in writing by the Director of Law.

When the City Engineer has certified in writing that the golf course has been satisfactorily completed in accordance with the plans previously approved by Council, the performance bond submitted by the owner or developer shall be cancelled and/or any cash deposited with the City or with an escrow agent or trustee shall be returned.

(b) Imposition of Restrictive Covenants. Following the approval of a development plan pursuant to Section 1124.11 but prior to the issuance of the first building permit for the construction of a dwelling unit within the R & R District, the owner or developer of the R & R District shall cause to be recorded in the office of the Cuyahoga County Recorder a deed, declaration or other instrument, in form approved by the Director of Law, requiring that the land upon which the golf course is to be constructed shall be restricted in perpetuity (except as provided in the following sentence) for golf course use and for no other use, which restriction shall run with the land. The deed, declaration or other instrument creating such restriction may provide that after a period of forty years following the recordation thereof the foregoing restriction may be amended, modified or removed with the written consent of at least sixty percent (60%) of the owners of dwelling units within the R & R District.

(Ord. 40-1986. Approved by electors 11-4-86.)

1124.07 UTILITIES .

All utilities, including cable television, telephone and electrical systems are to be constructed underground within the R & R District, provided that the appurtenances to these systems may be located above ground but shall be effectively screened.

(Ord. 40-1986. Approved by electors 11-4-86.)

1124.08 SCHEDULE OF REQUIRED OFF-STREET PARKING WITHIN A RECREATION AND RESIDENTIAL DEVELOPMENT.

Each dwelling unit shall have an enclosed garage providing two car places of at least ten by twenty feet each. In addition, off-street parking areas shall be provided for guest parking, with a minimum of two guest parking places in the driveway of each dwelling unit.

In addition, the basic golf course facility (as hereinafter defined) shall contain land which can be developed as a parking area or areas containing a minimum of 250 guest parking spaces. "Basic golf course facility" shall mean:

(a) An eighteen hole golf course;

(b) A twenty-five tee practice range;

(c) A club house building not greater than 10,000 square feet in area containing such amenities as locker rooms, pro-shop, ticket shop, snackbar and restaurant; and

(d) Not more than two tennis courts.

In the event that the developer or operator of the golf course desires to expand the basic golf course facility beyond the standards set forth above, the Commission shall determine whether or not the number of parking spaces available to serve the basic golf course facility, as expanded, will be adequate, in the Commission's reasonable judgment, to meet the parking needs of the basic golf course facility, as expanded. In the event that the Commission determines that the parking will be inadequate, the Commission may deny the developer or operator permission to expand the basic golf course facility and such expansion may not be implemented. The basic golf course facility does not include the recreational facilities to be owned, operated and maintained by the Homeowners' Association pursuant to Section 1124.04(c)(2). The adequacy of parking with respect to such facilities shall be determined by the Commission in connection with its review and approval of the site plan for such facilities.
(Ord. 27-1988. Approved by voters 11-8-88.)

1124.09 PLANNING PROCEDURES FOR DEVELOPMENT OF A RECREATION AND RESIDENTIAL DEVELOPMENT.

The following procedures shall govern the planning for the development of any land which has been zoned as a Recreation and Residential Development District:

(a) Development Plan. After an area is zoned as an R & R District, the developer shall prepare and submit to the Planning and Zoning Commission a development plan for the R & R District and supporting documentation, in accordance with Section 1124.10. The development plan shall be reviewed and approved in accordance with Section 1124.11.

(b) Site Plans. After approval of the development plan, the developer may proceed with the preparation of site plans for specific areas of the R & R District, including both residential areas and recreation areas, in accordance with Section 1124.12. Preliminary and final site plans shall be reviewed and approved in accordance with Section 1124.13.

(c) Issuance of Building Permits. After approval of a site plan, applications for building permits within the site plan area may be submitted to the Building Commissioner, together with the required permit fees and such building plans and specifications as are required for permits under Chapter 1107. Upon a determination by the Building Commissioner that the plans and specifications are consistent with the site plan previously approved and with applicable codes, regulations and standards governing the construction of the type(s) of structures for which the permits are sought, the Building Commissioner shall issue building permits. (Ord. 40-1986. Approved by electors 11-4-86.)

1124.10 REQUIRED CONTENTS FOR A RECREATION AND RESIDENTIAL DEVELOPMENT PLAN.

An application for approval of a development plan shall be filed with the Chairman of the Planning and Zoning Commission. Each application shall be signed attesting to the truth and exactness of all information supplied on the application for an R & R development plan. At a minimum, the application shall contain the following information:

(a) Legal Descriptions of Sites. A survey and legal description of proposed project sites, showing the dimensions and bearing of the property lines, area in acres, topography in two-foot gradients, existing features of the development site including major wooded areas, structures, streets, easements, utility lines and land uses. All acreages shown on the development plan shall be certified by a registered engineer or surveyor.

(b) Utilities. Preliminary engineering utilities plan showing as necessary, water, storm and sanitary sewers, drainage, electricity, telephone and natural gas installations, and street improvements for the roadways shown on the development plan.

(c) Land Use Plans. Land use plans showing residential areas, various functional use areas, and interior traffic circulation.

(d) Legal Documents. Preliminary drafts of restrictive covenants, and other legal statements or devices to be used to control the use, development, and maintenance of the land and the improvements thereon including those areas which are to be commonly owned and maintained in accordance with the development plan. Such documents shall include the proposed bylaws of the Homeowners' Association and any other documents which will govern the assessment of common expenses among the owners of dwelling units within the R & R District.

(e) Vehicular Traffic Analysis. An analysis of the estimated traffic volumes expected to be generated by the R & R development and an assignment of the estimated volumes at the various entrances to the development area.

(f) Prior to commencement of construction the allotter shall obtain the following as appropriate, for the construction project then being undertaken:

(l) A letter from the City of Cleveland Water Department indicating sufficient water pressure to serve the proposed construction project;

(2) A letter from the Cuyahoga County Sanitary Engineering Division that there is sufficient capacity to convey and/or treat sanitary sewage;

(3) A letter from the agency treating sewage that the wastewater treatment plant has sufficient capacity to treat the sewage from the proposed construction project area; and

(4) Written approval of the Ohio Environmental Protection Agency, the Federal Emergency Management Agency and other interested authorities. (Ord. 27-1988. Approved by voters 11-8-88.)

1124.11 REVIEW AND APPROVAL OF DEVELOPMENT PLAN.

(a) Upon receipt of a development plan and supporting documentation as required in Section 1124.10, the Secretary of the Planning and Zoning Commission shall transmit a copy of the plan and supporting documentation to the Commission, City Engineer and Police and Fire Chiefs for their review and recommendations. The Secretary shall also transmit a copy of all proposed covenants, restrictions and easements to be recorded, covenants for area maintenance, and proposed bylaws of the Homeowners' Association to the Law Director for his review and recommendation. The Law Director, Engineer and Police and Fire Chiefs shall each, within thirty days from receiving the development plan and supporting documentation, submit to the Commission a report covering their respective jurisdictions. A copy of the aforementioned reports shall also be submitted to the Mayor and Clerk of Council.

(b) The Planning and Zoning Commission shall review the development plan and supporting documentation together with the recommendations of the Law Director, City Engineer and Police and Fire Chiefs. If the Commission finds that the development plan complies with the regulations, standards and criteria prescribed by this Zoning Code for a Recreation and Residential Development District, it shall recommend the approval of such development plan. The Commission shall act either to approve or disapprove the development plan within sixty days of receipt of the reports from the City officials referenced in subsection (a) hereof.

(c) A report of Commission action on the development plan shall be forwarded to the Mayor and Clerk of Council for distribution to all members of Council. If Council finds that the development plan complies with the regulations, standards and criteria prescribed by this Zoning Code for a Recreation and Residential Development District, Council shall approve such development plan. Within thirty days following receipt thereof, Council shall act by motion either to approve or disapprove the development plan. Approval of the development plan shall require the affirmative vote of a majority of the members of Council, notwithstanding the nature of the Commission's recommendation.

(Ord. 27-1988. Approved by voters 11-8-88.)

1124.12 PRELIMINARY RESIDENTIAL AND RECREATION AREA SITE PLANS.

(a) Following approval of a development plan by Council, the developer may proceed with the preparation of preliminary site plans for residential areas and/or recreation areas within the R & R District. Each preliminary site plan shall include:

(1) The number, type, size, location and arrangement of all dwelling units within the site plan area including a survey and legal description of the proposed project site showing the dimension and bearing of the perimeter; property lines, area and acres and topography in one foot gradients;

(2) Preliminary architectural elevations of all dwelling unit buildings including construction materials and color;

(3) The proposed arrangement of all private and common land within the site plan area;

(4) The location and arrangement of all dedicated and private vehicular and pedestrian accessways within the site plan area;

(5) The number and arrangement of all open parking and service areas within the site plan area;

(6) Preliminary design of all utilities and other site facilities within or serving the site plan area;

(7) Clearing and grading plans for the site plan area;

(8) A duplicate cloth tracing or wash-off mylar of the plat; and

(9) The preliminary site plan shall be drawn to a scale of one inch equals fifty feet and include a plat showing bearings and distances for the site area as well as existing improvements and topography within 100 feet of the site. (Ord. 27-1988. Approved by voters 11-8-88.)

1124.13 REVIEW AND APPROVAL OF SITE PLANS.

(a) Following receipt of a preliminary site plan and supporting documentation as required in Section 1124.12, the Secretary of the Planning and Zoning Commission shall transmit a copy of the preliminary site plan and supporting documentation to the Commission, City Engineer and Police and Fire Chiefs for their review and recommendations. The Secretary shall also transmit a copy of all covenants, restrictions and easements to be recorded, covenants for area maintenance, and bylaws of the Homeowners' Association to the Law Director for his review and recommendation. The Law Director, City Engineer and Police and Fire Chiefs shall each, within thirty days from receipt of the preliminary site plan and supporting documentation, submit to the Commission a report covering their respective jurisdictions. A copy of the aforementioned reports shall also be submitted to the Mayor and Clerk of Council.

(b) The Planning and Zoning Commission shall review the preliminary site plan and supporting documentation together with the recommendations of the Law Director, City Engineer and Police and Fire Chiefs. If the Commission finds that the preliminary site plan is consistent with the development plan and complies with the regulations, standards, and criteria prescribed by this Zoning Code for a Recreation and Residential Development District, it shall approve such preliminary site plan. The Commission shall act to approve or disapprove the preliminary site plan within thirty days of receipt of the reports from the City officials referred to in subsection (a) hereinabove.

(c) A report of the Commission action on the preliminary site plan shall be forwarded to the Mayor and Clerk of Council for distribution to all members of Council. If Council finds that the preliminary site plan complies with the regulations, standards and criteria prescribed by this Zoning Code for a Recreation and Residential Development District, Council shall approve such preliminary site plan. Within thirty days following receipt thereof, Council shall act by motion either to approve or disapprove the preliminary site plan. Approval of the preliminary site plan shall require the affirmative vote of a majority of the members of Council, notwithstanding the nature of the Commission's recommendation. The approval of the preliminary site plan by Council shall remain valid for a period of one year from the date of such approval. If commencement of the construction of the improvements included in the preliminary site plan has not commenced within one year from the date of such approval then such approval shall be null and void.

(d) Following approval of a preliminary site plan, the developer shall prepare a final site plan which shall include final engineering, architectural and landscape drawings which are consistent with the preliminary site plan. The final site plan shall be submitted to the Secretary of the Planning and Zoning Commission who shall transmit a copy thereof to the Commission, City Engineer, Architectural Review Board and Building Commissioner for their review and recommendations. The City Engineer, Architectural Review Board and Building Commissioner shall each, within thirty days from receipt of the final site plan, and all required supporting documentation submit to the Commission a report covering their respective jurisdictions. A copy of the aforementioned reports shall also be submitted to the Mayor and Clerk of Council.

(e) The Planning and Zoning Commission shall review the final site plan together with the recommendations of the City Engineer, Architectural Review Board, and Building Commissioner. If the Commission finds that the final site plan is consistent with the preliminary site plan and with the development plan and complies with the regulations, standards and criteria prescribed by this Zoning Code for a Recreation and Residential Development District, it shall approve such final site plan.

(f) A report of the Commission action on the final site plan shall be forwarded to the Mayor and Clerk of Council for distribution to all members of Council. If Council finds that the final site plan complies with the regulations, standards and criteria prescribed by this Zoning Code for a Recreation and Residential Development District, Council shall approve such final site plan. Within thirty days following receipt thereof, Council shall act by motion either to approve or disapprove the final site plan. Approval of the final site plan shall require the affirmative vote of a majority of the members elected to Council, notwithstanding the nature of the Commissions' recommendation.

(g) Following approval of a final site plan by the Council, the Building Commissioner shall be so notified and thereafter building permits may be issued within the area covered by the approved final site plan, as set forth in Section 1124.09(c).

(h) Prior to commencement of construction the allotter shall obtain written approval of the Cuyahoga County Sanitary Engineering Division, Northeast Regional Sewer District, the Ohio Environmental Protection Agency, the Cleveland Division of Water, the Federal Emergency Management Agency and other interested authorities of such site plans.

(i) The allotter shall have approval of the final plat for record purposes prior to the installation of required improvements.

(j) Final approval shall be certified by the Council Clerk on the final site plan and documents, but only after the final site plan has been delivered to the Clerk in all respects ready for recording. The allotter shall file the approved final site plan in the office of the Cuyahoga County Recorder and shall pay all filing costs in connection therewith. The approval of the final site plan shall expire within sixty days unless within that period the final site plan has been duly filed and recorded and both Council and the Commission have been notified by the allotter in writing. If the final site plan is revised in any manner after approval a new approval shall be necessary. (Ord. 27-1988. Approved by voters l 1-8-88.)

1124.14 AMENDMENTS TO DEVELOPMENT PLAN OR SITE PLANS.

At any time, after the approval of the development plan or of any site plans with respect to an R & R District, that the owner or owners may request an amendment of the development plan or of any site plans, the request for such amendment shall be filed with the Planning and Zoning Commission for approval, and one copy shall be filed with the Clerk of Council for information purposes of Council. (Ord. 40-1986. Approved by electors 11-4-86.)

1124.15 EXPANSION OF A RECREATION AND RESIDENTIAL DEVELOPMENT DISTRICT .

Subsequent to the initial rezoning of land as an R & R District, the R & R District may be expanded by the rezoning of contiguous land to R & R District use and the integration of such contiguous land into the originally created R & R District. The contiguous land which is to be added to an R & R District may be less than 300 acres; provided, however, that, after the inclusion of the contiguous land, the R & R District, as expanded, shall meet the criteria set forth in this chapter, as if the contiguous land had been included in the R & R District at the time of the initial rezoning. Except as set forth in the preceding sentences, the procedures for the rezoning of the contiguous land shall be identical to the procedures required for the initial rezoning.
(Ord. 40-1986. Approved by electors 11-4-86.)

1124.16 SEVERABILITY.

This Zoning Code and the various titles, chapters and sections thereof are hereby declared to be severable. If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning Code is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Zoning Code shall not be affected thereby.

(Ord. 27-1988. Approved by voters 11-8-88.)

1127.01 DEFINITIONS.

The following words shall have the meanings respectively ascribed to them:

(a) "Main" wall means any exterior wall, generally the longitudinal, containing all required windows of one or more habitable rooms (living, dining and bedrooms).

(b) "End" wall means other exterior walls, generally the transverse not containing all the required windows of a habitable room, but which may contain one such window.

(c) "Overlapping" wall means when two buildings parallel, or within thirty degrees of parallel face each other across an open space, that portion of each of their walls directly opposing, and not facing an open space.

(Ord. 21-1963. Passed 7-9-63.)

1127.02 REGULATIONS FOR MULTI-FAMILY DWELLINGS.

In order to encourage greater flexibility and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for multi-family dwellings are established for single development (comprising one multi-family building on a given lot) and yard regulations for locating several buildings in relation to each other within the interior of a lot of a group development (comprising two or more buildings on a parcel not subdivided into usual street and lot pattern) as follows. (Ord. 21-1963. Passed 7-9-63.)

1127.03 SINGLE DEVELOPMENT BUILDING SPACING.

Yard regulations for building spacing of single developments shall be as follows:

(a) The width of a side yard, from the side lot line to a main wall, shall be not less than twenty feet for a one-story multi-family building.

(b) The width of a side yard, from the side lot line to the end wall, shall be not less than ten feet for a one-story multi-family building.

(d) The depth of front and rear yards shall be not less than shown on the Schedule of Area, Yard and Height Regulations, Section 1123.08.

(Ord. 21-1963. Passed 7-9-63.)

1127.04 YARD REGULATIONS FOR GROUP DEVELOPMENTS.

Group developments, yard regulations for building spacing shall be as follows:

(a) Main Wall Relationship. Where buildings one story high face each other across an open space, and do not overlap more than forty feet, the yard or distance between their main walls shall be not less than forty feet and such distance shall be increased four inches for each additional foot opposing main walls overlap.

(b) Main and End Wall Relationship. The minimum yard, or distance between an end wall of one building and a main wall of another building across an open space (each one story high), shall be not less than thirty feet.

(c) End and End Wall Relationship. The minimum yard, or distance between an end wall of one building and an end wall of another building across an open space (each one story high), shall be not less than twenty feet.

(d) Walls Not Overlapping. Where building walls of two buildings (each one story high) do not overlap, the yard, or distance between their corners, shall be not less than twenty feet.

(e) Increased Story Height. Distances between buildings in each of the above relationships shall be increased two and one-half feet for each additional story for each of the buildings in a group development.

(f) Lot Lines and Building Relationship. The minimum width of side yards on the boundary of the development shall be not less than required side yards for a single development; the depth of front and rear yards shall be not less than in Schedule of Area, Yard and Height Regulations, Section 1123.08.

(g) Use of Yards. The above required yards shall be landscaped, and may be used for pedestrian walks and passive recreational areas. All entrances to such buildings shall be not more than 200 feet (distance measured along pedestrian walk) from any street or access drive. If, however, yards between buildings are used for parking areas, driveways or active recreational facilities, the required yards, or distances between buildings, shall be increased by the total width of such intermediary facilities. (Ord. 21-1963. Passed 7-9-63.)

1127.05 APPROVAL OF SITE PLANS.

The site plans for group developments shall be recommended by the Commission and approved by Council before any building permits are issued.

(Ord. 21-1963. Passed 7-9-63.)

1129.01 MINIMUM LIVING AREA.

The minimum living area of a dwelling unit at the ground level and excluding all accessory buildings shall be not less than the following schedule:

		Minimum Area Per Story
		1 Story		1-1/2 Story		2 Story
Dwelling Type	District	With Basement	Without Basement	With Basement	Without Basement	With Basement	Without Basement
1-Family	U-1*	1500	1750	1300	1550	850	1100
2-Family	U-2	1500	1750	1300	1550	850	1100
Multi-Family	U-3*
1-bedroom unit	U-3*	850	900	-	-	-	-
2-bedroom unit	U-3*	950	1000	-	-	-	-
3-bedroom unit	U-3*	1150	1200	-	-	-	-

* Split-level dwelling units must have total living area equal to living area of a one-story dwelling unit. (Ord. 60-1967. Passed 2-27-68.)

1129.02 AREA TO BE FINISHED.

The minimum area of dwelling units shall be the floor area of finished space; the work of all the building trades shall be completed and the unit shall qualify for a certificate of occupancy. (Ord. 21-1963. Passed 7-9-63.)

1129.03 UTILITY AND GENERAL STORAGE AREA.

Total area of any enclosed aboveground structure, not including swimming pools, erected separately from the main use structure on any one lot, shall not be over one percent of the lot area, except that maximum total area of accessory structures shall not be over 500 square feet. (Ord. 21-1963. Passed 7-9-63.)

1131.01 DISTRICTS INCLUDED.

There shall be included in the business and manufacturing districts category the following districts:

Automobile Parking	(P)
Office Building	(O-B)
Local Business	(L-B)
Motor Service	(M-S)
General Business	(G-B)
Park-Commercial-Light Manufacturing	(P-C-M)

(Ord. 21-1963. Passed 7-9-63; Ord. 41-1967. Passed 9-26-67.)

1131.02 INTENT.

Automobile Parking, Office Building, Local Business, General Business and Park-Commercial-Light Manufacturing Districts and regulations are hereby established in order to achieve, among others, the following purposes:

(a) To provide appropriate, convenient and ample districts in order to serve and promote economic development of the community; to provide transitional areas, and to utilize the specific transportation facilities, more specifically;

(b) To provide Automobile Parking Districts as a transitional use or buffer area (generally between business and residential districts) wherein open land developments such as parking areas and driveways would be more appropriate than building developments;

(c) To provide Office Building Districts so as to provide opportunities for local employment close to residential areas; to provide, adjacent to residential neighborhoods, appropriate districts for uses which do not generate large volumes of traffic, do not have large off-street parking requirements or otherwise create traffic congestion;

(d) To provide for sufficient, but not excessive, business districts; Local Business Districts in close proximity and catering to the ordinary shopping needs of the immediate neighborhood, and General Business Districts at wider spacing to serve needs of the entire community;

(e) To provide, in appropriate districts near the freeway system, sufficient areas for commercial activities, services and limited types of manufacturing, in order to promote employment, and thereby strengthen the economic base of the community;

(f) To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities, and by regulating the access to streets;

(g) To protect nearby residential neighborhoods by restricting the types of nearby uses, particularly at their common boundaries, which would create the most desirable uses of land in accordance with a well-considered plan, and to stabilize and enhance property values; and

(h) To promote the implementation of the City Master Plan by encouraging commercial development that will be consistent with that plan’s goals and objectives. Such commercial development shall be built only in appropriate locations and only at an appropriate scale that will not be detrimental to existing residential neighborhoods and that will not overwhelm the City’s existing roads, storm sewers and other related infrastructure. (Ord. 34-1997. Passed 9-2-97.)

1131.03 ESTABLISHMENT OF REGULATIONS AND DISTRICTS.

In order to carry out the purposes of this chapter, Automobile Parking District, Office Building District, Local Business District, Motor Service District, General Business District and Park-Commercial-Light Manufacturing Districts and regulations are hereby established. Whenever abbreviated terms P, O-B, L-B, M-S, G-B or P-C-M are used in this Zoning Code, they shall be construed as referring to the respective titles.

The uses set forth as permitted main buildings or main uses in certain districts shall be the only buildings and uses permitted therein by right. The uses set forth in certain districts as permitted accessory buildings or uses shall be permitted therein by right as a subordinate building or use, provided such use is planned and developed integrally therewith and clearly incident thereto and located on the same zoning lot as the main building or use.

A building designed and occupied as a residence cannot be occupied in part or wholly by another use, unless the building is redesigned to express the new function and reconstructed to the extent that it will fully accommodate the proposed use. A lot occupied by a dwelling shall not be occupied by any other use permitted herein.

The continuation, change, extension, alteration, conversion, enlargement, reconstruction, relocation or maintenance of all buildings and uses shall also be subject to all lot area and yard regulations, building area, bulk, coverage and height regulations, off-street parking, loading and access regulations, performance standards, approval of development plans, and all other applicable regulations of this chapter.

(Ord. 21-1963. Passed 7-9-63; Ord. 41-1967. Passed 9-26-67.)

1131.04 USE REGULATIONS.

Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part only for the main or accessory uses set forth in the following schedules and regulations:

(a) Automobile Parking District.

(1) Parking areas and accessways for passenger automobiles, providing such areas:

A. Are accessory and adjacent to office building or business uses; and

B. Are not used for selling, dead storage, repairing or servicing of any kind. (Ord. 36-1974. Passed 12-10-74.)

(2) (EDITOR’S NOTE: Subsection (a)(2) was repealed by Ordinance 48- 1971, passed January 25, 1972.)

(b) Office Building District.

(1) Main buildings and uses:

A. Office buildings and offices: professional, governmental, public utility, executive, administrative; excluding sales offices with samples and merchandising services which are not incidental to the main use.

B. Laboratories: experimental, research and testing, all types of basic and applied research of product design and development; not including manufacturing, except the construction and operation of small scale experimental operations.

(2) Accessory buildings and uses:

A. Off-street parking and loading facilities.

B. Maintenance and storage facilities within wholly enclosed buildings.

C. Employees’ lunchrooms. (Ord. 16-1966. Passed 6-14-66.)

(1) Main buildings and uses:

A. Buildings and uses permitted in Office Building Districts.

B. Retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs to the following limited extent, provided there is no display of goods in front of the setback building line and further provided that no single establishment permitted in this Zoning District shall occupy a net retail sales or service floor area greater than 10,000 square feet:

1. The sale of all foods, foodstuffs and comestibles;

2. The sale, serving and consumption of soft drinks, juices and other beverages, ice cream; lunchrooms and tearooms (excluding places providing dancing or entertainment and places which make provision for or permit the consumption of food and/or beverages on the premises outside of the confines of the main use structure and further excluding those eating establishments with drive-thru window service).

3. The sale of drugs, gifts, flowers, periodicals, music, tobacco, sporting goods;

4. The sale of tools, paint, seed and garden supplies and household appliances;

5. Services such as beauty and barber shops, laundry agencies, shoe and hat repair;

6. Shops for custom work for the making of articles to be sold only at retail on the premises, dressmaking, tailoring, pressing and dry cleaning shops in which only nonexplosive and nonflammable solvents are used, provided that not more than five persons shall be engaged in such shops and no work shall be done on the premises for retail outlets elsewhere;

7. The sale of general merchandise (dry goods, wearing apparel, shoes, hats).

8. Real estate offices;

9. The sale of all hardware, appliances, china, furniture, floor and wall covering;

10. Banks and savings and loan institutions;

11. Customer operated service facilities, provided an attendant is on duty during business hours.

C. Similar main uses:

Any other retail store, shop, service or office as classified in the above, but not specifically listed therein, but which is similar thereto, as approved by the Commission.

(2) Accessory buildings and uses:

A. Off-street parking and loading facilities.

B. Maintenance and storage facilities within wholly enclosed buildings.

C. Employees’ lunchrooms.

(d) General Business District.

(1) All buildings and uses permitted in Local Business Districts provided that no single establishment permitted in the general business district, other than supermarkets, shall occupy a gross building floor area greater than 20,000 square feet and further provided that access into and leaving the site shall be on a major arterial road. Supermarkets in a general business district shall occupy a gross building floor area not greater than 50,000 square feet provided that access into and leaving the site shall be on a major arterial road. The definition of a supermarket is a retail establishment primarily selling food as well as other convenience and household goods.

(2) The following additional retail business stores and services conducted wholly within enclosed buildings: provided that no single establishment permitted in subsections A. B. C. and D. of the General Business District shall occupy a gross building floor area greater than 20,000 square feet, and no single establishment permitted in subsection E. shall occupy a gross building floor area greater than 10,000 square feet, and further provided that all of the following uses shall have access into and leaving the site on a major arterial road:

A. Amusement and recreation, provided they are conducted within a building, sufficiently sound-insulated to confine the noise to the premises and provided, in the case of a temporary building or a temporary land usage, they have received a conditional use permit.

B. Nursery stock, Christmas trees, garden equipment, supplies and garden furniture may be sold on an open lot, provided the operation is in connection with an established, related business conducted within a building not more than 150 feet therefrom, and provided goods are not sold, displayed or stored in a required yard, and provided that a conditional use permit is obtained.

C. The sale, serving and consumption of soft drinks, juices and other beverages, ice cream; lunchrooms, tearooms and restaurants, including places providing dancing or entertainment (excluding places which make provisions for or permit the consumption of food and/or beverages on the premises outside the confines of the main use structure and prohibiting all restaurants and other eating establishments with drive-thru window service.)

D. Variety and department stores.

E. Fortune telling, palm reading, card reading, horoscope consultation, and all other associated practices foretelling or purporting to foretell the future or future events.

(3) Accessory buildings and uses:

A. Off-street parking and loading facilities.

(Ord. 34-1997. Approved by electors 11-4-97.)

(e) Motor Service District. Provision is hereby made for the establishment of a Motor Service District and regulations pertaining to use in such districts.

(1) Intent. Motor Service Districts and their regulations are established in order to achieve, among others, the following purposes:

A. To provide convenient and ample districts for motorist services in order to serve and promote economic development of the community, and to utilize the extraordinary transportation facilities more specifically; and

B To provide Motor Service Districts in convenient areas directly related to the freeway interchanges to serve the needs of the through and local motorist; and

C. To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities, and by regulating the access to streets; and

D. To protect nearby residential neighborhoods by restricting the types of nearby uses, particularly at their common boundaries, which would create objectionable influences; and

E. To promote the most desirable and beneficial use of the land in the interchange areas.

(2) Establishment of Regulations and Districts. In order to carry out the purposes of this section a Motor Service District and regulations are hereby established.

The uses set forth as permitted main buildings or main land uses in the district shall be the only buildings and uses permitted therein by right. The uses set forth as permitted accessory buildings or uses shall be permitted therein by right as a subordinate building or use provided such use is planned and developed integrally therewith and clearly incident thereto and located on the same zoning lot.

A building designed and occupied as a residence cannot be occupied in part or in whole by a nonresidential use unless the building is reconstructed to express and serve the proposed function in exterior design, site plan and floor plan of the building, and reconstructed to the extent that it will fully accommodate and express the proposed use. A lot occupied by a dwelling shall not be occupied by any other main use or any use not accessory to the dwelling.

The continuation, change, extension, alteration, conversion, enlargement, reconstruction, relocation or maintenance of all buildings and uses shall also be subject to all lot area and yard regulations, building area, bulk, coverage and height regulations, off-street parking, loading and access regulations, performance standards, approval of development plans and all other applicable regulations of the Zoning Code.

(3) Main Uses Permitted. In a Motor Service District, buildings and land shall be used, and buildings shall be erected, altered, moved or maintained in whole or in part, only for the following uses:

A. Automotive Facilities.

1. Service stations, for the sale of gasoline, oil, and auto accessories, but not for the sale of intoxicating liquor and beer, as the same is inclusively defined in Section 529.01 of these Codified Ordinances; for lubrication and minor repair work on motor vehicles if performed within closed buildings. For purposes of this section, "major repairs" which are prohibited in a motor service district as applied to motor vehicles, means replacement, installation or repair of the body; spray painting; welding; recapping or retreading of tires; all repairs to vehicles used for commercial purposes in excess of two tons; and all other replacements, installations or repairs of a similar nature. All other work performed shall be considered "minor repairs".

2. All vehicles parked in a motor service district shall be parked not less than twenty-five feet from the front lot line and, in the case of a corner parcel, not less than twenty-five feet from the side lot line except for vehicles parked at a gasoline pump for the sole purpose of purchasing gasoline, oil or auto accessories.

B. Lodging Facilities.

Motel accommodations for the traveling public.

C. Eating and Drinking Establishments.

Restaurants, snack bars, taverns, drive-in refreshment stands as individual establishments, or in conjunction with other uses permitted in a Motor Service District, provided, however, that drive-thru window service is prohibited in all restaurants, eating establishments and other uses permitted herein.

(4) Accessory Uses Permitted. In a Motor Service District, accessory uses are permitted as follows:

A. Off-street parking and loading facilities subject to the requirements of the zoning regulations of the Municipality.

B. Any use customarily considered incidental to a main use permitted in a Motor Service District but not for the sale of intoxicating liquor and beer, as the same is inclusively defined in Section 529.01 of these Codified Ordinances, including assembly rooms and recreation facilities in conjunction with motels.

(Ord. 21-1963. Passed 7-9-63.)

(5) Lot Area Regulations. Every lot occupied by a main building or use shall comply with the requirements of lot area, lot width, percentage of lot coverage by buildings, and percentage of yard space to be landscaped, as indicated in the following schedule:

A. Schedule of Minimum Lot Area Requirements.

	Lot Area Minimum	Lot Width Minimum	Lot Coverage Maximum	Yards Landscaped Minimum
Main Use	Acres	Feet	% Total Area	% Total Area
Service Station	1.0	200	15	20
Automobile Garage	1.5	200	20	20
Service Station Garage	2.0	250	20	20
Bus Garage	4.0	250	20	20
Motel (Separate)	3.0	200	15	30
Motel (Combined with eating, assembly, recreation)	4.5	300	15	30
Restaurant (Separate)	2.0	200	15	30

(Ord. 46-2001. Passed 11-27-01.)

B. The lot area occupied by a motel shall be not less than set forth in the above schedule, or not less than 1,000 square feet of lot area for each lodging unit, whichever is greater. Each lodging unit shall contain at least 275 square feet of floor area and shall not contain cooking facilities.

C. The landscaped areas shall be the minimum percentage of that part of any lot which is not covered by buildings or permitted outdoor use. Such areas shall be developed and maintained as lawns with trees and shrubs, or maintained in an orderly natural state.

(6) Yard Regulations. Front, side and rear yards shall be provided on every lot occupied by a main or accessory building or use in accord with the following schedule:

A. Schedule of Minimum Yard Dimensions.

	Front Yard		Side Yard		Rear Yard
	Lot Abuts Major St. (ft. to ctr. of R/way)	Lot Abuts Secondary St. (ft. to r-o-w)	Lot Adjoins Residential District (ft.)	Lot Does Not Adjoin Residential District (ft.)	Lot Adjoins Residential District (ft.)	Lot Does Not Adjoin Res. District (ft.)
Service Station	110	50	50	30	120	30
Garage	150	60	60	30	120	30
Motel	150	60	40	30	100	30
Restaurant	120	50	50	30	100	30
Parking Areas	60	20	20	10	30	10

B. Gasoline pumps at a service station or garage may be erected in front of the main building setback line, but not closer than twenty feet to the front lot line.

(7) Access to Streets. Access to the streets shall be controlled in the interest of public safety and to maintain the designed capacity of the street system similar to the objectives the Ohio Department of Highways has established through Directive D-94, November 1961, to control access along State arterial highways adjacent to freeway interchanges in unincorporated areas.

(8) Supplementary Site Development Regulations. If a plan is submitted for the comprehensive development of contiguous lots having a total frontage of not less than 660 feet in a Motor Service District, and incorporating a marginal service road or parallel service road combining the access of several developments, or other approved facilities with controlled access points not less than 600 feet apart, the Planning and Zoning Commission may approve such a plan with reductions in required minimum lot widths to 150 feet and side yards to ten feet (except adjacent to Residential Districts).

(9) Height Regulations. The height of any building permitted in a Motor Service District shall not exceed thirty-five feet.

(Ord. 24-1990. Approved by voters 11-6-90.)

(f) Park-Commercial-Light Manufacturing Districts.

(1) Main buildings and uses:

A. Offices and laboratories as permitted in an Office Building District.

B . Production, metal: cutting, casting, stamping, electric, gas, and ultrasonic welding, grinding, machining and finishing as incidental component operations (but not as a single operation), only in the production and/or assembly of products which have a high value in relation to bulk, such as:

Automotive and aircraft parts.

Electrical and electronic equipment, motors.

Electrical appliances: lamps, fixtures and clocks.

Hardware, cutlery, kitchen utensils.

Instruments: musical and scientific.

Instruments and equipment: medical, orthopedic and photographic.

Sporting goods, athletic equipment, toys.

The above listed products are intended to be exemplary but not all inclusive.

C. Production, nonmetal:

Clothing and other textile products.

Pharmaceutical products: compounding of cosmetics, drugs and toiletries.

Plastics: extrusion, molding and fabricating of panels, sheets, tubes and rods.

Printing, publishing and engraving.

Wood: fabrication of furniture, cabinets and other wood products.

D. Distribution operations:

The storage and distribution of those products which may be produced in this district, and the storage and distribution of foods and beverages. Other products as approved by the Commission, provided the Commission finds the products to be similar and conforms with the basic characteristics of the enumerated permitted uses, and approves inclusion of the product.

E. Other main buildings and uses:

Postal stations; telephone exchange; electrical distribution substation.

(2) Accessory buildings and uses:

A. Off-street parking and loading facilities, parking garages.

B. Maintenance and storage within wholly enclosed buildings.

(Ord. 21-1963. Passed 7-9-63.)

(3) Retail sales and services are strictly prohibited. Distribution incident to manufacturing and production are permitted as well as wholesale sales.

(Ord. 19-1972; Passed 10-24-72; Ord. 34-1974. Passed 5-13-75.)

(4) In any newly developed P-C-M District area, all utilities shall be installed underground. In any existing, P.C.M. District area where aerial facilities currently exist, utilities shall be permitted to be placed on the existing utility poles.

(Ord. 4-2001. Passed 1-23-01.)

1131.05 PERFORMANCE STANDARDS.

Every performance standard, set forth herein, shall be complied with as a precedent to occupancy of any use in an Office Building, Local Business, General Business or Park-Commercial-Light Manufacturing District.

(a) Enclosure. All permitted main and accessory uses and operations shall be performed wholly within an enclosed building or buildings. All raw materials, finished products, mobile and other equipment shall be stored within buildings, provided, however, outdoor overnight parking of cargo carriers in the process of loading or unloading shall be permitted.

(b) Fire and Explosive Hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.

(d) Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.

(e) Toxic or Noxious Matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.

(f) Noise. The sound pressure level of any operation on a lot, other than the operation of auto-calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district, and no sound shall be objectionable due to intermittence, beat frequency or shrillness.

(g) Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.

(h) Radioactive or Electrical Disturbance. Radioactive or electrical disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.

(Ord. 25-1973. Passed 7-9-63.)

(i) Waste Disposal. Only mechanical garbage disposer facilities as referred to in Chapter 1317 of the Codified Ordinances, may be provided, located within the main building. No garbage, rubbish or waste matter shall be permitted outside of buildings unless placed in covered containers specifically designed for that purpose and provided that such covered containers are regularly emptied and maintained and do not become a nuisance or menace to the public health.

(Ord. 25-1973. Passed 5-29-73.)

1131.06 REGULATION OF ADULT ENTERTAINMENT.

(a) Definitions.

(1) Adult book and/or video store. For the purpose of this section, “adult book and/or video store” means an establishment having as a substantial and significant portion of its stock in trade, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, video disks, CD-Rom discs, or other visual representations which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined below, or instruments, devices or paraphernalia which are designed for use in connection with “specific sexual activities.”

(2) Adult movie theater and adult mini motion picture theater. For the purpose of this section, adult movie theaters and adult mini motion picture theaters shall be as follows:

A. Adult “movie theater” in an enclosed building with a capacity of fifty or more persons, used for presenting material distinguished or characterized by an emphasis on material depiction, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

B. “Adult mini motion picture theater” is an enclosed building with a capacity for less than fifty persons used for presenting materials distinguished or characterized by an emphasis on materials depicting, describing, or relating to “specific sexual activities” or “specified anatomical areas” for observation by patrons therein.

(3) Live adult entertainment. For the purpose of this section, live adult entertainment means an establishment used for presenting material involving the actual presence of real people presenting a performance distinguished or characterized by an emphasis on depicting or enacting “specified sexual activities” or “specified anatomical areas” for observation by patrons therein, and which excludes minors by virtue of their age.

(4) Specified sexual activities. For the purpose of this section, “specified sexual activities” is defined as:

A. Human genitals in a state of sexual stimulation or arousal; or

B. Acts of human masturbation, sexual intercourse or sodomy; or

C. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(5) Specified anatomical areas. “Specified anatomical areas” is defined as:

A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below point immediately above the top of the areola.

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(b) Regulations.

(1) Incompatible uses in commercial districts. In order to protect minors, no adult book or video store, live adult entertainment establishment, adult motion picture theater, or adult mini motion picture theater shall be operated or located within one thousand (1,000) feet from an existing residential use or residential zoning district, or public or private school, church, public library, playground, recreation or community center, child care institution, or child day care home.

(2) Proximity in commercial district. In addition to the above, in no event shall any two adult entertainment establishment uses, including adult book or video stores, live adult entertainment establishments, adult motion picture theaters, or adult mini motion picture theaters, be within one thousand (1,000) feet of each other.

(Ord. 43-1997. Passed 10-28-97.)

1131.07 DEVELOPMENT PLANS.

(EDITOR’S NOTE: The provisions of Section 1131.07 were repealed by Ordinance 30-1967, passed September 12, 1967. See Section 1107.04.)

1133.01 NONCONFORMING USE OF LAND.

The lawful use of land existing at the time of the adoption of this section may be continued, although such use does not conform to the regulations specified by this Zoning Code for the district in which such land is located. However, no such nonconforming use shall be enlarged or increased, or structurally altered, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this section, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this section. Provided, if any such nonconforming use of land ceases for any reason for any continuous period of more than six months, any subsequent use of such land shall conform to the regulations then specified by the Zoning Code for the district in which such land is located. (Ord. 10-1975. Passed 4-8-75.)

1133.02 NONCONFORMING USE OF BUILDINGS.

The lawful use of a building existing at the time of the adoption of this section, although such use does not conform to the regulations specified by this Zoning Code for the district in which such building is located, may be continued. Any such use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this Zoning Code, but no such use shall be extended to occupy any land outside such building. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use which, in the opinion of the Planning and Zoning Commission, either by general rule adopted by the Commission or on a specific finding on appeal in a particular case, is of the same or of a more restricted nature.

(Ord. 10 -1975. Passed 4-8-75.)

1133.03 CESSATION OF NONCONFORMING USE; MOVING BUILDINGS.

If any nonconforming use of a building ceases for any reason for a continuous period of more than six months, or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity to the regulations specified by this Zoning Code for the district in which such building is located. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent location and use of any building thereon shall be in conformity to the regulations specified by this Zoning Code for the district in which such land is located. (Ord. 74-1988. Passed 12-13-88.)

1133.04 ALTERATIONS, REPAIRS AND RESTORATIONS .

(a) No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations specified by this Zoning Code for the district in which such building is located shall be enlarged, extended, reconstructed, structurally altered or moved unless such use is changed to a use permitted under the regulations specified by this Zoning Code for such district. However, work may be done in any period of twelve consecutive months on ordinary repairs, or on repairs or replacements of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding twenty-five percent (25%) of the building's assessed value, according to the assessment thereof by the Cuyahoga County Auditor for the year in which such work is done, provided that the cubical content of the building as it existed at the time of the passage of this section is not increased, and provided further that nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Building Commissioner and ordered by him to be strengthened or restored to a safe condition, unless such building has been destroyed to an extent of more than fifty percent (50%) of the assessed value thereof according to the assessment thereof by the County Auditor for the year during which such destruction occurs.

(b) If at any time any building in existence or maintained at the adoption of this section which does not conform to the regulations for the district in which it is located shall be destroyed by any means to an extent of more than fifty percent (50%) of the assessed value thereof, according to the assessment thereof by the County Auditor for the year during which such destruction occurs, or if such building is moved for any reason for any distance whatever from the exact location occupied by such building at the time of the adoption of this section, then, in any such event, the building and the land on which the building was located or maintained shall, from and after the date of the destruction or moving, be subject to all the regulations specified by this Zoning Code for the district in which such land and building are located and shall not be restored or replaced except in conformity therewith.

(Ord. 10-1975. Passed 4-8-75.)

1133.05 EXISTING USES OF SPECIAL PERMIT TYPE.

Any use for which a special permit is required or for which a special permit may be granted as provided in this Zoning Code, which use is existing at the time of the adoption of this section in any district in which such use is specifically permitted, subject to the securing of a special permit, shall, without further action, be deemed to be a conforming use in such district.
(Ord. 10-1975. Passed 4-8-75.)

Highland Heights City Zoning Code

TITLE THREE

Zoning Districts; Uses

CHAPTER 1125 Unit Development Yard Regulations

EDITOR'S NOTE: Former Sections 1125.01 to 1125.04 were repealed by Ordinance 53-1982, passed September 28, 1982.

1121.01 DISTRICTS ESTABLISHED.

For the purpose of this Zoning Code and the Zone Map herein adopted, the City is hereby divided into the following districts:

RESIDENTIAL DISTRICTS

Title	Abbreviation
One-Family	U-1
Two-Family	U-2
Multi-Family	U-3

BUSINESS AND MANUFACTURING DISTRICTS

Automobile Parking	P
Office Building	O-B
Local Business	L-B
Motor Service	M-S
General Business	G-B
Park-Commercial-Light Manufacturing	P-C-M

RECREATION AND RESIDENTIAL DEVELOPMENT DISTRICT

Council hereby ordains that such districts within the City shall be as are set forth on the Zone Map.

Whenever the abbreviated terms, U-1, U-2, etc., are used in this Zoning Code, they shall be construed as referring to their corresponding district titles.

(Ord. 8-1973. Passed 4-24-73.)

1121.02 ZONE MAP.

1121.03 DISTRICT BOUNDARY LINES.

1121.04 REGULATIONS APPLYING TO ALL DISTRICTS.

(a) The cultivation, processing or retail dispensing of marijuana for medical and recreational purposes is prohibited in all zoning districts of the City of Highland Heights.

(b) The retail sale of vapor products as defined in Ohio Rev. Code 2927.02(8) is hereby prohibited in all zoning districts of the City of Highland Heights.

(Ord. 26-2025. Passed 10-14-25.)

1123.01 PURPOSE AND INTENT.

Various residential districts and their regulations are established in order to achieve

the following purposes:

(a) Regulation of bulk and spacing of buildings in relation to land in order to obtain proper light, air, privacy and usable open spaces on same lots, as is appropriate for each district;

(b) Protection from fire, smoke, noxious fumes, odors, dust, offensive noises, invasion of abnormal vehicular traffic and other objectionable influences;

(d) Regulation of density and distribution of population in scale with community facilities and to avoid congestion; and

1123.02 CONFORMITY REQUIRED.

Buildings and land shall be used, and buildings shall be erected, altered, moved or maintained only for the uses listed under Section 1123.03.
(Ord. 21-1963. Passed 7-9-63.)

1123.03 PERMITTED USES.

District	Main Buildings and Uses	Accessory Buildings and Uses
U-1	(a) One-family dwellings	(a) Private garages and parking facilities
	(b) Publicly owned parks, playgrounds and buildings	(b) Garden and recreation uses, structures, pools, fences, walls
		(c) Home offices and occupations
		(d) Renting of rooms
U-2	Two-family dwellings	(a) Storage garages and parking areas accessory to two-family dwellings
		(b) Also accessory uses provided in U-1 (items(b) through (c))
U-3	Multi-family dwellings	(a) Storage garages and parking areas accessory to multi-family
		(b) Also accessory uses provided in U-1 (items (b) through (d)).

(Ord. 21-1963. Passed 7-9-63.)

1123.04 CONDITIONAL USES.

1123.05 ACCESSORY USES.

The following are the permitted accessory uses:

(1) Only members of the family work therein;

(2) They do not change the residential character of the dwelling exterior;

(3) They do not utilize equipment which will create any objectionable disturbances beyond the premises; and

(4) They do not attract any greater number of vehicles to such premises than can be parked in the driveway as provided in Chapter 1141.

(1) They are conducted wholly within the dwelling;

(2) No merchandise is sold except that which is produced or grown on the premises;

(3) No mechanical equipment is used which will create objectionable disturbances beyond the premises;

(5) They do not attract any greater number of vehicles to such premises than can be parked in the existing driveway, as provided in Chapter 1141; and

(6) They do not have an adverse environmental impact.

(Ord. 12-2018. Passed 4-24-18.)

(f) Detached Garages. In those cases where the main use structure does not have an attached garage, as defined in Section 1101.06, a detached garage may be constructed on the premises.

(g) Permit Required. Fences, walls and all accessory structures shall require a building permit.

	Lot Up To 1 Acre		1 - 5 Acres		5 - 50 Acres
Type and Size of Animal
	No Distance*		No. Distance*		No Distance*
Fowl, rabbits and other caged animals to 5 lb. live weight, each	12	100 ft.	25	100 ft.	50	200 ft.
Animals 5 - 100 lb. live weight, each	None Permitted		5	100 ft.	10	200 ft.
Animals over 100 lb. live weight, each	None Permitted		None Permitted		5	200 ft.

Objectionable noises or odors shall not reach beyond the premises.

(Ord. 8-1993. Passed 4-27-93.)

1123.06 PROHIBITED STREET CONNECTIONS.

1123.07 CONDITIONS GOVERNING SIGNS.

(EDITOR'S NOTE: This section was repealed by Ordinance 34, 1974, passed May 13, 1975. See Chapter 1145 for sign provisions.)

1123.08 AREA, YARD AND HEIGHT REGULATIONS.

District Type	Minimum Lot Area		Minimum Yard Dimensions				Maximum Stories
	(g)
	Area per Dwelling Unit(sq. ft.)	Width at Bldg. Line (ft.)	Front Depth (ft.) (a)	Side Width (feet) (d) One Total		Rear Depth (ft.)	Main Bldg. (c)	Access. Bldg. (c-1)
U-1 1- Family	33,000(h)	125	60	20	40	70	2-1/2	1
1-Family Corner Lot	33,000(h)	125	65	20	60	70	2-1/2	1
U-2 2-Family	17,000	100	65	10	20	50	2	1
U-3 Multi-Family	12,000	100	65	(b)	(b)	40	2	1
U-1, 2, 3 Institutional	130,680	150	65	(e)	(e)	40	2-1/2(f)	1