Highland Hills City Zoning Code

TITLE TWO

District Regulations

CHAPTER 1127 General Flood Plain District (GFP) (Repealed)

EDITOR’S NOTE: Former Chapter 1127 was repealed by Ord. 2012-40, passed 7-11-12. See Chapter 1134 for current regulations.

1107.01 SPECIFIC INTENT.

In addition to the general intent stated in Section 1101.02, it is the intent of these district regulations to permit development of single-family detached dwellings at a density of approximately four (4) units per net acre. Furthermore, it is the intent of these regulations to require the clustering of units in order to provide common open space, conserve valuable environmental features, and encourage innovative site design.

1107.02 PRINCIPAL USES PERMITTED BY RIGHT.

In any R-1 District, land, buildings or premises shall be used by right for only one or more of the following uses:

(a) Single-family detached dwelling.

(b) Park and playground, either publicly owned or owned and operated by a homeowners or condominium association.

1107.03 ACCESSORY USES PERMITTED BY RIGHT.

Only the following accessory uses on the same lot with and customarily incidental to a principal use permitted in the District shall be permitted, subject also to the supplemental regulations relating to accessory uses contained in Section 1107.05:

(a) Private (i,e., non-commercial) garage, private driveway, private off-street parking spaces, as regulated in this Chapter and also in Chapter 1129.

(b) Private (i.e., non-commercial) swimming pool and private recreational uses.

(d) Signs, subject to Chapter 1133 of this Ordinance.

(e) Central air conditioning unit, heat pump.

(f) Fences.

(g) Storage shed.

(h) Home occupations and professional offices which are in conformance with the following regulations:

(1) The home occupation or professional office is clearly incidental to the use of the dwelling for residential purposes.

(2) Not more than one person who is not a permanent resident of the dwelling shall be engaged in such operation.

(3) No more than twenty-five percent (25%) of the total floor area of the house shall be used for the occupation.

(4) No external alterations inconsistent with the residential use of the dwelling shall be permitted.

(5) No outside storage of any kind related to the home occupation shall be permitted.

(6) The use may increase vehicular traffic flow and parking by no more than two (2) additional vehicles at a time.

(7) No display of products and no sign shall be visible from outside the building except as permitted in Chapter 1133.

(8) No use shall create noise, dust, vibration, smell, smile, glare, electrical interference, fire hazard, or any other hazard or nuisance to an extent or frequency greater than that usually experienced in an average residential occupancy in the district in question.

1107.04 USES PERMITTED CONDITIONALLY.

The following uses are permitted in an R-1 District only on the specific approval of the Board of Zoning Appeals in accordance with the procedures and criteria stated in Chapter 1147:

(a) Primary and secondary school and college or university.

(b) Place of religious worship.

(d) Library, museum.

(e) Public or quasi-public nonprofit recreational or community center.

(f) Cemetery.

(g) Hospital.

1107.05 SUPPLEMENTAL REGULATIONS FOR ACCESSORY USES.

(a) Location and Height. No detached garage, swimming pool, hard-surface recreational court, central air conditioner, heat pump, fences, greenhouse nor storage shed shall be constructed in a front or side yard. No swimming pool in which water may collect in excess of a depth of two (2) feet shall be located less than 15 feet from any lot line, such distance being measured from the edges of the pool itself. No other such accessory building or structure shall be located less than five (5) feet from any lot line nor shall such building or structure exceed 15 feet in height.

(b) Swimming Pools. In addition to the regulations stated in paragraph (a) above, the following regulations shall apply to the construction and use of swimming pools. All swimming pools in which water may collect in excess of a depth of two (2) feet must be completely enclosed by a fence with a self-locking gate. Such fence must be a minimum of four (4) feet in height, and all portions of the fence above two (2) feet must be at least 50% open.

(c) Tennis Courts. In addition to complying with the regulations stated in paragraph (a) above, every tennis court must be completely enclosed by a metal chain link or mesh fence at least nine (9) feet in height but not more than twelve (12) feet in height.

The general regulations for fences stated in paragraph "d" below do not apply to the fences required in this paragraph.

(d) Fences. Fences shall not be located in front or side yards. With the exception of fences enclosing a tennis court, fences may not exceed four (4) feet in height, and all portions of a fence above two (2) feet in height must be at least 50% open.

1107.06 PROJECTIONS INTO REQUIRED YARDS.

Cornices, projecting eaves, bay windows, gutters, chimneys, awnings or steps may extend into a required yard but not by more than 18 inches.

1107.07 MANDATORY PROVISION OF COMMON OPEN SPACE.

(a) Intent. It is the intent of this Section to ensure provision of common open space to:

(1) Satisfy certain recreational needs of the resident population;

(2) Encourage innovative and attractive site design; and,

(3) Facilitate the conservation of valuable and sensitive environmental features such as streams, woodlands, and hillsides.

(b) Amount of Reservation. In accordance with the intent of this Section, it is required that, for all sites of at least two (2) acres to be developed under the R-1 District regulations, at least 1500 square feet of common open space be reserved for each dwelling unit or lot proposed, whichever is greatest. Provision of common open space does not reduce the minimum lot size requirement as stated in Section 1107.09.

(c) Required Characteristics. Land designated as common open space under the provisions of this Section shall conform with the characteristics described below:

(1) Common open space shall consist of a parcel or parcels of land or a combination of land or water, within a development site, designed and intended for the use or enjoyment of residents of the development or the public and shall not include streets, off-street parking areas and areas set aside for public facilities.

(2) Consideration shall be given to the arrangement and location of common open space to take advantage of physical characteristics of the site and to place common open space within easy access and view of dwelling units, at the same time preserving and enhancing natural features. Areas set aside for common open space shall contain no structure other than a structure related to outdoor recreational use.

(3) The common open space shall be contiguous to the development and not be separated from the tract by existing roads.

(d) Ownership and Maintenance. The open areas or spaces to be reserved for open space may be conveyed to the Village if acceptable to the Village, conveyed to a legally constituted homeowners or condominium association, or retained and managed by private ownership. Satisfactory written arrangements, acceptable to the Village in all cases, shall be made for the perpetual preservation and maintenance of all common areas

to be set aside and reserved for private use.

1107.08 LOTS ABUTTING ARTERIAL ROADS.

Residential developments built in accordance with the regulations of this Chapter shall be designed to avoid lots which have direct driveway access to arterial roads unless no reasonable alternative to direct arterial access exists. Arterial roads are as designated by the County Engineer.

1107.09 AREA AND HEIGHT REGULATIONS.

The following regulations shall be observed with respect to lots and to principal buildings only, unless otherwise indicated:

(a) Lot Size	8500 Square feet minimum
(b) Street Frontage	45 feet minimum
(c) Lot Width at Building Line	60 feet minimum
(d) Building Coverage (including accessory buildings)	30% maximum
(e) Front Yard
Interior Lot	35 feet minimum
Corner Lot	35 feet for each yard abutting a street
(f) Side Yards	20 feet aggregate minimum, with a 7-foot minimum each except that for each 10 feet by which a lot exceeds 60 feet in width at the building line, the minimum side yard shall be increased by 3 feet aggregate and 1 foot for each side.
(g) Rear Yard	35 feet minimum
(h) Height	35 feet maximum and not more than three stories, excluding basements, except as permitted in Section 1139.03.
(i) Common Open Space	as required by Section 1107.07.
(j) Yards Abutting Arterial Roads or Freeways	For lots abutting arterial roads the yard depth for any yard which abuts the arterial road shall be a minimum of 60 feet. For lots abutting freeways, the minimum abutting yard depth shall be 150 feet.

1107.10 OFF-STREET PARKING AND LOADING.

As required by Chapter 1129. In addition, off-street parking spaces, enclosed and unenclosed, shall be provided to accommodate a maximum of four (4) automobiles in areas exclusive of driveway area necessary for access to a garage or potential garage site.

1107.11 LANDSCAPING, SCREENING AND BUFFERING.

A Zoning Permit for development under regulations of this District shall not be issued unless a plan, required by Section 1143.02(l), has been submitted to the Village indicating that the following landscaping requirements will be met.

(a) General. All portions of a lot not used for permitted structures, parking areas, driveways or walkways shall be properly planted with grass or other suitable vegetative ground cover and shall be maintained in good condition.

(b) Tree Lawn. A strip of grass-covered land at least seven (7) feet in width, known as the tree lawn, shall be reserved in a location between the roadway curb and the sidewalk adjacent to each lot.

(c) Existing Vegetation. In the development of new dwellings, existing trees and other significant vegetation shall be retained, wherever feasible.

(d) Street Trees. Trees shall be planted so that for every lot there is at least one tree on each tree lawn abutting a street. The minimum diameter of such trees shall be one and one-half (1 and 1/2) inches at six (6) inches above ground level. The requirement for tree-plantings on tree lawns shall not be applied to lots on which an existing mature tree is so situated in a yard that it would impede the eventual growth of a tree located on the tree lawn. Trees which have such undesirable characteristics as excessively thick foliage, low branches, unpleasant odors, susceptibility to disease or large root systems shall not be planted on the tree lawn nor in any yard area within ten (10) feet of the street right-of-way line. Examples of such trees are Poplar, Willow, Cottonwood, American Elm, nut and fruit trees, Ailanthus, Mountain Ash and Oregon Maple.

(e) Lots Abutting Arterial Roads of Freeways. For lots in which a rear or side yard abuts an arterial road or freeway, as designated by the County Engineer, a vegetative barrier shall be planted along the affected lot line. Such visual barrier may consist of either a dense row of evergreen trees, a continuous strip of high shrubbery, at least six feet in height at maturity, or a combination of low shrubbery and trees which together form a continuous visual barrier. The barrier selected shall be one which is effective in the particular application.

1107.12 SIGNS.

As regulated by Chapter 1133 .

1107.13 ENVIRONMENTAL PERFORMANCE REGULATIONS.

As required by Chapter 1135 .

1109.01 INTENT.

In addition to the general intent stated in Section 1101.02, it is the intent of these district regulations to permit development of single-family attached dwellings at a density of approximately eight (8) units per gross acre.

1109.02 PRINCIPAL USES PERMITTED BY RIGHT.

In any R-2 District, land, buildings or premises shall be used by right for only one or more of the following:

(a) Any use permitted in an R-1 District by right, in which case all the provisions and requirements of Chapter 1107 shall apply.

(b) Single-family attached (townhouse) dwellings.

(d) Agricultural use, excluding commercial greenhouse.

1109.03 ACCESSORY USES PERMITTED BY RIGHT.

Only the following accessory uses customarily incidental to a use permitted in the District shall be permitted, subject also to the supplemental regulations relating to accessory uses contained in Section 1109.05:

(a) Any accessory use permitted in Section 1109.05.

(b) A community garage, storage, utility or maintenance building of non-commercial or non-industrial character as specifically authorized by the Village in conjunction with the approval of a development plan.

(c) A community recreational building or complex for the exclusive use of residents of the townhouse development and their guests.

1109.04 USES PERMITTED CONDITIONALLY.

As permitted in Section 1107.04 and in accordance with the procedures and criteria stated in Chapter 1147.

1109.05 SUPPLEMENTAL REGULATIONS FOR ACCESSORY USES.

(a) Uses Accessory to Single-Family Detached Dwellings. For permitted accessory uses to single-family detached dwellings, the regulations of Section 1107.05 shall apply.

(b) Location. No detached surface garage, storage, maintenance or utility building, swimming pool area (the limits of such area as defined by the enclosing fence or wall), tennis or other hard-surface recreational court, recreational building, nor community-center building shall be located less than thirty (30) feet from a single-family attached residential building.

(c) Enclosure. Any swimming pool in which water may collect in excess of a depth of two (2) feet must be completely enclosed by a fence or wall with a self-locking gate and at least four (4) feet in height. Every tennis court must be completely enclosed by a metal chain link or mesh fence at least nine (9) feet in height.

(d) Fences. In individual lots for single townhouse units (where such lots exist) no fence shall exceed four (4) feet in height.

1109.06 PROJECTIONS INTO REQUIRED YARDS.

Cornices, projecting eaves, gutters, chimneys, awnings or steps may extend into required perimeter yards and into the minimum permitted space between buildings but not by more than eighteen (18) inches.

1109.07 MANDATORY PROVISION OF COMMON OPEN SPACE.

The provisions and regulations for Section 1107.07 shall apply to all sites developed under the R-2 District regulations, except that the minimum area of common open space required shall be 1000 square feet per dwelling unit proposed.

1109.08 LOTS ABUTTING ARTERIAL ROADS.

Residential developments built in accordance with the regulations of this Chapter shall be designed to avoid direct access by individual dwelling unit driveways onto arterial roads. Arterial roads are as designated by the County Engineer.

1109.09 AREA AND HEIGHT REGULATIONS.

The following regulations shall be observed with respect to tracts and to principal and accessory buildings:

(a) Tract Size	5 acres minimum
(b) Density	8 dwelling units per gross acre maximum
(c) Street Frontage	150 feet minimum
(d) Building and Paving Coverage	20% maximum building coverage; maximum of 45% may be occupied by buildings, paving, and accessory structures (excluding recreation facilities)
(e) Required Yards and Building Placement	Perimeter yards of not less than 50 feet shall be maintained along any public street line bordering the tract, and yards of not less than 35 feet along any other property line. No building shall be closer than 25 feet to an internal street unless specifically authorized by the Village to permit desired flexibility in the placement of townhouses, and no building shall be less than 15 feet from a parking bay or area other than the driveway area directly serving a dwelling. No two (2) townhouse buildings shall be less than 20 feet apart at the closest point.
(f) Height	35 feet maximum, and not more than three (3) stories in height, exclusive of basements, except as permitted in Section 1139.03.

1109.10 BUILDING SIZE AND ARRANGEMENT.

(a) The number of attached units per townhouse structure shall not exceed eight (8).

(b) Each townhouse unit shall be not less than 18 feet in width.

(c) The minimum floor area of a townhouse unit shall be 900 square feet. For 2 bedroom units the minimum floor area shall be 1100 square feet with 200 square feet of additional floor area required in the unit for each additional bedroom.

(d) In order to encourage an attractive building arrangement and enhance privacy, the alignment of buildings should be varied and the facades of not more than every two (2) townhouse units shall be offset by not less than 16 inches. Furthermore, parallel arrangements of buildings should be avoided, and attractive variations in such things as facade, width, color, exterior material, construction, and roof lines shall be deemed desirable.

1109.11 PEDESTRIAN CIRCULATION.

A comprehensive walkway system adequately separated from vehicular circulation shall be provided.

1109.12 OFF-STREET PARKING AND LOADING.

As required by Chapter 1129 of this Ordinance. In addition, landscaped islands shall be designed so that no more than eight (8) parking spaces shall be contiguous.

1109.13 LANDSCAPING, SCREENING AND BUFFERING.

As required by Chapter 1131 .

1109.14 SIGNS.

As regulated by Chapter 1133 .

1109.15 ENVIRONMENTAL PERFORMANCE REGULATIONS.

As required by Chapter 1135 .

1111.01 SPECIFIC INTENT.

In addition to the general intent stated in Section 1101.02, it is the intent of these district regulations to permit development of both low-rise and high-rise multi-family dwellings in appropriate locations at densities of approximately fifteen (15) and thirty (30) units per gross acre, respectively. More specifically, it is the intent of these district regulations to achieve, among others, the following purposes:

(a) To provide sites for multi-family residential development with direct access to arterial roads and in proximity to public transportation.

(b) To protect the value and character of nearby single-family residential areas by requiring adequate setbacks, height limitations, and screening, and by making use of existing natural and man-made barriers.

(c) To limit high-rise multi-family residential development to locations which are well separated form single-family dwellings and which possess certain characteristics such as unique views or limited sized, which make the site better situated to high-rise than low-rise multi-family development.

1111.02 PRINCIPAL USES PERMITTED BY RIGHT.

In Multi-Family Residential Districts, land, buildings, or premises shall be used by right for only one or more of the following uses:

(a) In R-3 Districts; townhouse development as defined and regulated in Chapter 1109, and low-rise apartment development as defined and regulated in this Chapter and in other applicable provisions of this Ordinance.

(b) In R-4 Districts; low-rise and high-rise apartment development as defined and regulated in this Chapter and in other applicable provisions of this Ordinance.

1111.03 ACCESSORY USES PERMITTED BY RIGHT.

Only the following accessory uses on the same lot with and customarily incidental to a principal use permitted in a Multi-Family Residential District shall be permitted, subject also to the supplemental regulations relating to accessory uses contained in Section 1111.05.

(a) Off-street parking spaces, private drives, private (i.e. non-commercial) garage, storage, utility or maintenance building.

(b) Signs, subject to Chapter 1133.

(d) Fences.

(e) Master antenna.

(f) Swimming pool and other recreational facilities intended for the exclusive use of residents of the multi-family development and their guests.

(g) Home occupations and professional offices as defined and regulated in Sections 1107.03(h) and 1111.05 of this Ordinance.

1111.04 USES PERMITTED CONDITIONALLY.

As permitted in Section 1107.04 and in accordance with the procedures and criteria stated in Chapter 1147.

1111.05 SUPPLEMENTAL REGULATIONS FOR ACCESSORY USES.

(a) Uses Accessory to Townhouse (R-2) Development. For permitted accessory uses to a single-family attached (townhouse) development, the regulations of Section 1109.05 shall apply.

(b) Location. No detached surface garage, storage, maintenance or utility building, swimming pool area (the limits of such area as defined by the enclosing fence of wall), tennis or other hard-surface recreational court, recreational building, nor community-center building shall be located less than thirty (30) feet from a multi-family residential building.

(d) Home Occupations and Professional Offices. In addition to conforming with the provisions of Section 1107.03(h), such use must be located in an apartment located on the first floor of the apartment building and in the apartment in which the practitioner or user resides.

1111.06 MANDATORY PROVISION OF COMMON OPEN SPACE.

(a) Intent. It is the intent of this Section to ensure the provision of common open space 1) to satisfy certain recreational needs of the resident population, 2) to encourage innovative and attractive site design, and 3) to facilitate the conservation of valuable and sensitive environmental features such as streams, woodlands, and hillsides.

(b) Amount of Reservation. In accordance with the intent of this Section, it is required that for all sites on which Multi-Family Residential development is proposed, common open space shall be reserved in the following amounts and shall be so designated on the development plan submitted to the Village:

750 square feet per proposed dwelling unit in R-3 developments.

500 square feet per proposed dwelling unit in R-4 developments.

(c) Required Characteristics. Land designated as common open space under the provisions of this Section shall conform with the characteristics described below:

(1) Common open space shall consist of a parcel or parcels of land or a combination of land and water, within a development site, designed and intended for the use or enjoyment of residents of the development or the public and shall not include streets, off-street parking areas and areas set aside for public facilities.

(2) Common open space shall contain sufficient land appropriate in topography to support certain active recreational uses, such as tennis courts and swimming pools.

(3) Consideration shall be given to the arrangement and location of common open space to take advantage of physical characteristics of the site and to place common open space within easy access and view of dwelling units, at the same time preserving and enhancing natural features. Areas set aside for common open space shall contain no structure other than a structure related to outdoor recreational use.

(4) The common open space shall be contiguous to the development and not separate from the tract by existing roads.

(d) Ownership and Maintenance. The open areas or spaces to be reserved for common open space may be conveyed to the Village if acceptable to the Village, conveyed to a legally constituted condominium association, or retained and managed by private ownership. Satisfactory written arrangements, acceptable to the Village in all cases, shall be made for the perpetual preservation and maintenance of all common areas to be set aside and reserved for private use.

1111.07 AREA AND HEIGHT REGULATIONS: R-3.

The following regulations shall be observed with respect to lots and to principal and accessory buildings developed in accordance with the R-3 District Regulations:

(a) Lot Size	2 acres minimum
(b) Density	15 dwelling units per gross acre maximum
(c) Street Frontage	100 feet minimum at each vehicular entrance to the development
(d) Building and Paving Coverage	25% maximum building coverage; maximum of 50% may be occupied by buildings, paving and accessory structures (excluding recreational facilities).
(e) Required Yards and Building Placement	Perimeter yards of not less than 50 feet shall be maintained along any public street line bordering the lot and yards of not less than 35 feet along any property line. No building shall be closer than 25 feet to an internal street, unless specifically authorized by the Village in the approval of a plan to permit desired flexibility in the placement of apartment buildings; and no building shall be less than 15 feet from a parking bay or area.
(f) Building Dimensions and Arrangement	The greatest dimension in frontage, length or depth of a building shall not exceed 100 feet. Not more than three (3) such buildings may be attached to each other; and buildings so attached shall be at an angle of 90 degrees, unless otherwise authorized by the Village.
(g) Height	35 feet maximum, and not more than three (3) stories in height, exclusive of basements, except as permitted in Section 1139.03.

1111.08 AREA AND HEIGHT REGULATIONS: R-4.

The following regulations shall be observed with respect to lots and to principal and accessory buildings developed in accordance with the R-4 District Regulations:

(a) Lot Size	5 acres minimum
(b) Density	30 dwelling units per gross acre maximum
(c) Street Frontage	200 feet minimum at each vehicular entrance to the development
(d) Building and Paving Coverage	20% maximum building coverage; maximum of 50% may be occupied by buildings, paving, and accessory structures (excluding recreational facilities).
(e) Required Yards and Building Placement	Perimeter yards of at least 60 feet shall be maintained along any public street line bordering the lot. However, the distance between any building wall and the street line shall not be less than the height of that building (excluding features described in Section 1139.03). Perimeter yards of at least 40 feet shall be maintained along any public street line bordering the lot. However, the distance between such property line and any building wall shall not be less than one-half the height of that building (excluding features described in Section 1139.03). No building shall be closer than 50 feet to an internal street, unless specifically authorized by the Village in the approval of a plan to permit desired flexibility in the placement of apartment buildings; and no building shall be less than 15 feet from a parking bay or area.
(f) Height	100 feet maximum, except as permitted in Section 1139.03.

1111.09 SPECIAL DEVELOPMENT REGULATIONS (R-3,R-4).

The following special development regulations shall apply to all Multi-Family Residential development:

(a) Distance Between Buildings. The distance at the closest point between any two (2) apartment buildings shall be at least as great as the height of the taller of the two (2) adjoining buildings and not less than 35 feet.

(b) Building Arrangement and Design. In order to encourage an attractive building arrangement, no two apartment buildings shall be attached in a straight unbroken row, but shall be designed with visible offsets or setbacks not less than six (6) feet in depth, or with variations in building alignment or orientation. Furthermore, parallel arrangements of buildings should be avoided; and architectural consideration should be given to desirable variations in such things as building dimensions, roof lines, and building shape particularly the avoidance of rectangular buildings.

(c) Floor Area. For multi-family dwelling units, the minimum floor area, excluding semi-enclosed and unenclosed spaces, shall be in accordance with the following schedule:

Dwelling Unit	Minimum Area (sq.ft.)
Efficiency (no separate bedroom)	500
1-bedroom unit	700
2-bedroom unit	900
3-bedroom unit	1,100

1111.10 PROJECTIONS INTO REQUIRED YARDS.

The following building features may project into required yards but shall not project more than as set forth in the following schedule:

Projecting Feature	Maximum Projection
(a) Architectural features including balcony, bay window, cornice, chimney, solid overhang, shading device.	4 feet
(b) Entrance features including platform, landing, steps, terrace or other features not extending above the first floor level of the building; also including an entrance hood or open but roofed porch.	5 feet
(c) Front main entrance feature: a portico or similar front projection having a maximum height of 18 feet.
R-3 use	15 feet
R-4 use	20 feet

1111.11 PEDESTRIAN CIRCULATION.

A comprehensive walkway system adequately separated from vehicular circulation shall be provided.

1111.12 OFF-STREET PARKING AND LOADING.

As required by Chapter 1129 of this Ordinance. In addition, landscaping islands shall be designed so that no more than 12 outdoor parking spaces shall be contiguous.

1111.13 LANDSCAPING, SCREENING AND BUFFERING.

As required by Chapter 1131.

1111.14 SIGNS.

As regulated by Chapter 1133 .

1111.15 ENVIRONMENTAL PERFORMANCE REGULATIONS.

As required by Chapter 1135 of this Ordinance. In addition, all storage including the storage of trash and garbage shall be in fully enclosed buildings.

1111.16 SPECIAL REGULATIONS APPLICABLE TO MULTI- FAMILY HOUSING DESIGNED FOR THE ELDERLY.

(a) Purpose and Intent. It is recognized that there is a long-term need for housing for the elderly and that the governmental programs providing most such housing generally impose cost and/or rent restrictions which may necessitate the modification of some zoning regulations applied to standards applicable to multi-family housing. Furthermore, it is recognized that the design standards applicable to multi-family housing for the elderly differ from those applicable to multi-family housing in general. For example, housing designed for the elderly requires less land for recreation and open space, fewer parking spaces, and smaller apartment sizes than does housing designed for the general population. Therefore, it is the intent of this Section to facilitate and permit the development of multi-family housing designed for the elderly in R-4 Districts by granting the Council of the Village of Highland Hills the discretionary authority described in paragraph "c" below.

(b) Definition. "Housing for the elderly" is defined as housing designed and intended for occupancy primarily by persons 60 years of age and older. However, if more permissive, definitions of such housing shall apply as used in regulations of the State of Ohio or the federal government in the administration of programs providing multi-family housing for the elderly.

(c) Regulation. In accordance with the purpose and intent stated above, the Council of the Village of Highland Hills may, by Ordinance, waive or modify the area and height and other regulations of this Chapter in order to permit a particular proposal on a particular site for the development of multi-family housing designed and intended for occupancy primarily by the elderly. A unanimous vote of the Council of the Village of Highland HIlls shall be required for approval of such Ordinance.

1113.01 PURPOSE.

It is the purpose of these Sections to promote the public health, safety, and welfare by providing for the regulation of planned residential developments. It is the intent of these regulations to provide opportunities for orderly large scale developments which benefit the community as a whole by offering a greater choice of living environments and housing opportunities.

1113.02 DEFINITION.

"Residential Planned Unit Development" or RPUD shall mean an area of land in which a variety of housing types and densities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and set-backs, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.

1113.03 INTERPRETATION.

Whenever the requirements of Sections 1113.01 to 1113.25 appear to be in conflict with other sections of this Ordinance, or with those of other existing codes, the provisions of these Sections shall prevail.

1113.04 RPUD DISTRICT DESIGNATION.

Subsequent to the approval of the Planning Commission and the Village Council, the designation "RPUD" may be applied to the R-1 Single Family Detached District and/or to the "INS" Institutional District, or to contiguous portions thereof. Upon approval of the final development plan, the Official Zoning Map shall be so annotated for the land area affected and the district name shall be appropriately amended.

1113.05 USES PERMITTED IN A RPUD DISTRICT.

Residential Single-family Detached and Residential Townhouse uses may be combined in RPUD districts provided that the proposed locations of such uses are specified in the final development plan. Lot area and other yard requirements of the residential districts shall apply except as modified in Section 1113.09.

1113.06 MINIMUM PROJECT AREA REQUIREMENTS.

The gross area of a tract of land proposed to be developed in a RPUD district shall be a minimum of 100 acres, provided however, that smaller parcels may be considered on the basis of their potential to satisfy the intent of these regulations. A minimum of twenty (20) percent of the land developed in a RPUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The common open space shall be disposed of as required in Section 1113.07 of this Ordinance.

1113.07 DISPOSITION OF OPEN SPACE.

The required amount of open space land reserved under a RPUD shall either be held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development, or be dedicated to a homeowners's association who shall have title to the land which shall be maintained as common open space for parks, recreation and related uses. The legal articles relating to the organization of the homeowner's association is subject to review and approval by the Planning Commission and shall provide adequate provisions for the perpetual care and maintenance of all common areas. Public utility and similar easements and right-of-ways for water courses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or similar purpose and has been approved by the Commission. The responsibility for the maintenance of all open space shall be specified by the developer before approval of the final development plan.

1113.08 UTILITY REQUIREMENTS.

Underground utilities, including telephone, cable television, and electrical systems are required within the limits of all RPUD developments. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Commission finds that such exemption will not violate the intent or character of the proposed RPUD.

1113.09 SPECIAL RPUD LOT REQUIREMENTS.

The lot requirements for planned unit development approval by the Commission may vary from requirements prevailing for the district as follows:

(a) Lot width and setback and yard requirements may be varied to accommodate a variety of structural patterns, clustering designs, and housing types.

(b) Lot area per dwelling unit requirements of the R-1 Single-family Detached District may be reduced by not more than twenty (20) percent.

(c) Lot areas and dwelling unit densities shall not provide for developments which exceed four (4) dwelling units per acre when applied to the gross area of district.

(d) Each property in the RPUD district shall abut common open space or similar areas, provided however, that any property not abutting such uses shall have well designed access to, and shall be no more than 500 feet from, such uses.

1113.10 PROCEDURE FOR APPROVAL OF RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICTS.

RPUD districts shall be approved in accordance with the procedure in Sections 1113.11 to 1113.25. It is the intent of these sections to incorporate the review and approval of development plans with the amendment process to remove the necessity to proceed under Chapter 1149 prior to the commencement of the Residential Planned Unit Development

plan review and approval process.

1113.11 PRE-APPLICATION MEETING.

The developer shall meet with the Zoning Administrator and Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with zoning and other

applicable regulations.

1113.12 PRELIMINARY DEVELOPMENT PLAN APPLICATION REQUIREMENTS.

An application for preliminary Residential Planned Unit Development approval shall be filed with the Zoning Administrator by at least one owner of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:

(a) Name, address, and phone number of applicant;

(b) Name, address, and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;

(d) Present use(s);

(e) Present zoning district;

(f) Proposed amending Ordinance;

(g) A vicinity map at a scale approved by the Zoning Administrator showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Administrator may require;

(h) A preliminary development plan at a scale approved by the Zoning Administrator showing topography at two (2) foot intervals; location and type of residential uses; layout, dimensions, and names of existing and proposed streets; right-of-ways, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas; and such other characteristics as the Commission may deem necessary;

(i) Proposed schedule for the development of the site;

(j) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years;

(k) A fee as established by Ordinance;

(l) A list containing the names and mailing addresses of all owners of property within 500 feet of the property in question;

(m) Verification by at least one owner of property that all information in the application is true and correct to the best of his knowledge.

The application for preliminary plan approval shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the Residential Planned Unit Development would be in the public interest and would be consistent with the stated intent of these requirements.

1113.13 PLANNING COMMISSION PUBLIC HEARING.

The Planning Commission shall schedule a public hearing on the application for approval of the preliminary development plan not less than twenty (20) or more than forty (40) days from the date of filing such application.

1113.14 NOTICE OF PUBLIC HEARING.

Before holding the public hearing, notice of such Commission hearing shall be given in one or more newspapers of general circulation at least fifteen (15) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, a general description of the Residential Planned Unit Development, and a statement that after the public hearing and submission of a final development plan, the matter will be referred to the Village Council for further determination.

Also before holding the public hearing, written notice of such hearing shall be sent by the Planning Commission by first class mail, at least twenty (20) days before the hearing, to all owners of property within 500 feet of the property in question and to such others as the Commission determines should receive notice. Notices to individual property owners shall contain the same information as required of notices published in the newspaper.

1113.15 PUBLIC ACCESS TO PROPOSED RPUD DOCUMENTS.

For a period of at least twenty (20) days prior to the public hearing by the Commission, all papers relating to the Residential Planned Unit Development shall be available for public inspection in the Village Hall.

1113.16 APPROVAL IN PRINCIPLE OF THE PRELIMINARY DEVELOPMENT PLAN.

Within sixty (60) days after the public hearing, the Commission shall review the preliminary development plan to determine if it is consistent with the intent of the Ordinance; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of housing types and densities, and interrelationships with surrounding land uses justify the deviation from standard district regulations. The Commission's approval in principal of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principal shall not be construed to endorse a precise location of uses, configuration of parcels, or engineering feasibility.

1113.17 SUBMISSION OF FINAL DEVELOPMENT PLAN.

After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Zoning Administrator. The final development plan shall be in general conformance with the preliminary development plan approved in principal. For the purpose of this Ordinance, the submission of the final development plan is a formal request for rezoning of the property in question. Five (5) copies of the final development plan shall be submitted and may be endorsed by a qualified professional team which should include an urban planner, licensed architect, registered land surveyor, registered civil engineer, and registered landscape architect or landscape horticulturist.

1113.18 FINAL DEVELOPMENT PLAN APPLICATION CONTENTS.

An application for approval of the final development plan shall be filed with the Zoning Administrator by at least one owner of property for which the Residential Planned Unit Development is proposed. Each application shall be signed by the owner, attesting to the truth and exactness of all information supplied on the application for the final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information:

(a) A survey of the proposed development site, showing the dimensions and bearings of the property lines; area in acres; topography; and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses.

(b) All the information required on the preliminary development plan; the location and sizes of lots; location and proposed density of dwelling units; and land uses considered suitable for adjacent properties.

(c) A schedule for the development of units to be constructed in progression, and a description of the design principles for buildings and streetscapes; a tabulation of the number of acres in the proposed project for various dwelling unit densities, the number of housing units by type; estimated residential population by type of housing; anticipated construction timing for each unit; and standards for height, open space, parking areas, population density, and public improvements, whenever the applicant proposes any exception from standard zoning district requirements or other Ordinances governing development.

(d) Engineering feasibility studies and plans showing, as necessary, sewer, water, drainage, electric, telephone, and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earth work required for site preparation and development.

(e) Site plan, showing building(s), various functional use areas, circulation and their relationships.

(f) Preliminary building plans.

(g) Landscaping plans.

(h) Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land, and any improvements thereon, including those areas which are to be commonly owned and maintained.

(i) A fee established by Ordinance.

1113.19 PUBLIC HEARING BY COMMISSION.

Within thirty (30) days after submission of the final development plan, the Commission shall hold a public hearing. Notice and public inspection of the application shall be as specified in Sections 1113.13 and 1113.14 of this Ordinance.

1113.20 RECOMMENDATION BY COMMISSION.

Within sixty (60) days after receipt of the final development plan, the Commission shall recommend that the final development plan be approved as presented, approved with supplementary conditions, or disapproved, and shall transmit all papers constituting the record and the recommendations to Village Council.

1113.21 CRITERIA FOR COMMISSION RECOMMENDATION.

Before making its recommendation, the Commission shall find that the facts submitted with the application and presented at the public hearing establish that;

(a) The proposed development can be initiated within two (2) years of the date of approval.

(b) The streets proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the Residential Planned Unit Development.

(c) Any exception from standard district requirements is warranted by design and other amenities incorporated in the final development plan, in accordance with these Residential Planned Unit Development requirements, and the need to provide a variety of housing opportunities with regard to type and price.

(d) The proposed development is compatible with surrounding uses.

(e) The existing and proposed utility services are adequate for the population densities proposed.

1113.22 NOTICE OF PUBLIC HEARING BY COUNCIL.

Before holding its public hearing, notice of such hearing shall be given by at least one publication in one or more newspapers of general circulation at least thirty (30) days before the hearing. The notice shall set forth the time and place of the public hearing, the nature and a general description and summary of the Residential Planned Unit Development, and a statement that all papers relating to the Residential Planned Unit Development are on file with the Clerk and open for public inspection. Also, written notice of the hearing on the Residential Planned Unit Development shall be mailed by the Clerk by first class mail, at least twenty (20) days before the date of the public hearing, to all owners of property within 500 feet of the proposed Residential Planned Unit Development and to such others as may be determined should receive such notice. Notices to individual property owners should contain the same information as required of notices published in the newspaper.

1113.23 ACTION BY COUNCIL.

After the public hearing, the Council shall either approve, approve with supplementary conditions, or disapprove the application as submitted. If the application is approved as submitted or approved with conditions, the Council shall direct the Zoning Administrator to issue zoning permits in accordance with the approved plan and any conditions thereto attached. The final development plan shall further be considered as an integral part of the rezoning amendment, and no change from or substantive alteration in such Residential Planned Unit Development shall be permitted without repetition of the general procedures in these Sections. In the event that the Council deny or substantively modify the final development plan as recommended by the Commission, any resulting final development plan for said Residential Planned Unit Development shall not be effective unless passed or approved by three-fourths (3/4) of Council.

1113.24 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

In approving any Residential Planned Unit Development application, both the Planning Commission and the Council may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Any violation of such conditions or safeguards, which have been made a part of the terms under which the final development plan has been approved, shall constitute a violation of this Ordinance and be punishable as such.

1113.25 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.

The approval of a final development plan for a Residential Planned Unit Development district shall be for a period not to exceed five (5) years to allow for preparation and recording of the required subdivision plat and development of the project. If no construction has begun within two (2) years after the approval is granted, the approved final development plan shall be void, and the land shall revert to the district regulations of the district in which it is located. An extension of the time limit of modification of the approved final development plan may be approved if the Board of Zoning Appeals finds that such extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the final approved final development plan shall in any way affect the terms under which approval of the Residential Planned Unit Development was granted.

1115.01 SPECIFIC INTENT.

In addition to the applicable provisions of the general intent stated in Section 1101.02, it is the intent of these district regulations to achieve, among others, the following purposes:

(a) To provide sufficient space in appropriate locations for office development in order to promote the economic development of the Village and to provide additional employment in the region.

(b) To provide sites for office development with direct access to arterial roads so as not to interfere with traffic patterns on local roads.

(c) To protect nearby residential and other areas from undesirable intrusions from the office-type development by requiring adequate setbacks, height limitations, and screening, by making use of existing man-made and natural physical barriers, and by requiring adherence to environmental performance standards.

1115.02 PRINCIPAL USES PERMITTED BY RIGHT.

In any "O" District, land, buildings or premises shall be used for one or more of the following uses:

(a) Offices including professional, financial, business, administrative, governmental, institutional, and public utility offices except that no retail sales involving the physical exchange of merchandise shall be permitted as a principal use.

(b) Banks, real estate offices or similar financial institutions not involving retail sales.

(d) Similar Uses. Any use not listed above but similar to a permitted use as to hours of operation and amount of traffic generated, may be permitted if such use complies with the environmental performance regulations of Chapter 1135, is not specifically permitted in any other district, and conforms more closely to the basic characteristics of the classification to which it is added than to any other classification. Such determination shall be made by the Board of Zoning Appeals.

(Ord. 2002-08. Passed 3-13-02.)

1115.03 ACCESSORY USES PERMITTED BY RIGHT.

Only the following accessory uses customarily incidental to uses permitted in this District shall be permitted:

(a) Restaurant or snack bar wholly enclosed within and in connection with an office building, hotel or motel.

(b) Pharmacy, barber, or beauty shop wholly enclosed within a permitted main building and designed to serve primarily the needs of the users of the permitted main building and not the general public.

(d) Off-street parking and loading facilities as permitted and regulated in Chapter 1129.

(e) Signs as permitted and regulated in Chapter 1133.

1115.04 AREA AND HEIGHT REGULATIONS.

The following regulations shall be observed with respect to lots and to principal and accessory buildings:

(a) Lot Size	1 acre minimum
(b) Street Frontage	100 feet minimum
(c) Building Coverage	20% maximum
(d) Maximum Impervious Surface	80% of gross lot area
(e) Minimum Front Yard*
To Buildings	50 feet
To Parking and Drives	20 feet
(f) Minimum Side Yard
To Buildings	20 feet (50 feet if abutting residential)
To Parking and Drives	10 feet (30 feet if abutting residential)
(g) Minimum Rear Yard
To Buildings	25 feet (60 feet if abutting residential)
To Parking and Drives	10 feet (30 feet if abutting residential)
(h) Height	45 feet maximum, except that this height may be increased to a maximum of 100 feet if for each one foot increase in height above 45 feet, each yard is increased by one foot in depth beyond the minimum required (See Section 1139.03).

* Measured from the right-of-way line.

(Ord. 1999-22. Passed 11-10-99.)

1115.05 OFF-STREET PARKING AND LOADING.

As required by Chapter 1129.

1115.06 LANDSCAPING, SCREENING AND BUFFERING.

As required by Chapter 1131.

1115.07 SIGNS.

As regulated by Chapter 1133.

1115.08 ENVIRONMENTAL PERFORMANCE REGULATIONS.

As required by Chapter 1135.

1117.01 SPECIFIC INTENT.

In addition to the applicable provisions of the general intent stated in Section 1101.02, it is the intent of these district regulations to achieve, among others, the following purposes:

(a) To provide sufficient space in appropriate locations for commercial development which serves primarily the daily retail and service needs of the residents of the Village.

(b) To provide sites for commercial development with direct access to arterial roads so as not to interfere with traffic patterns on local streets and so as to provide appropriate accessibility and visibility.

(c) To protect nearby residential and other areas from undesirable intrusions from the commercial development by requiring adequate setbacks, height limitations, and screening, by making use of existing man-made and natural physical barriers, and by requiring adherence to environmental performance standards.

1117.02 PRINCIPAL USES PERMITTED BY RIGHT.

In any "C" District, land, buildings or premises shall be used for one or more of the following uses:

(a) Offices, including professional, financial, business, administrative, governmental (including post offices) institutional, and public utility offices.

(b) Public utility substations and facilities as regulated by Section 1139.04.

(d) Supermarkets, convenience grocery stores, bakeries, butchers, fish markets, health food stores, beverage stores, and liquor stores with the exception of any such store for which the majority of sales are not retail sales.

(e) Convenience stores including drug stores, hardware stores, small variety stores, stationary stores, card shops, book stores, florists or plant stores, musical supply stores, photographer and artist studio, and other related personal services.

(f) Personal service shops, and tobacco shops.

(g) Eating establishments.

(h) Hotels and motels.

(i) Deep specialty stores specializing in specific merchandise lines.

(j) Similar Uses. Any office or commercial use not listed above but similar to a permitted use as to hours of operation and amount of traffic generated, may be permitted if such use complies with the environmental performance standards of Chapter 1135, is not specifically permitted in any other district, and conforms more closely to the basic characteristics of the classification to which it is added than to any other classification. Such determination shall be made by the Board of Zoning Appeals.

1117.03 ACCESSORY USES PERMITTED BY RIGHT.

Only the following accessory uses customarily incidental to uses permitted in this district shall be permitted:

(a) Off-street parking and loading facilities as permitted and regulated in Chapter 1129.

(b) Signs as permitted and regulated in Chapter 1133.

(c) Maintenance and storage facilities either within wholly enclosed buildings or suitably screened by a fence or dense landscaping so that no stored material is visible from an abutting street or lot.

1117.04 AREA AND HEIGHT REGULATIONS.

The following regulations shall be observed with respect to lots and to principal and accessory buildings:

(a) Lot Size	10,000 square feet minimum
(b) Street Frontage	100 feet minimum
(c) Building Coverage	20% maximum
(d) Maximum Impervious Surface	80% of gross lot area
(e) Minimum Front Yard*
To Buildings	70 feet
To Parking	20 feet
(f) Minimum Side Yard
To Buildings	20 feet (60 feet if abutting residential)
To Parking	10 feet (30 feet if abutting residential)
(g) Minimum Rear Yard
To Buildings	20 feet (60 feet if abutting residential)
To Parking	10 feet (30 feet if abutting residential)
(h) Height	45 feet maximum, except as permitted in Section 1139.03

* Measured from the right-of-way line.

(Ord. 1999-22. Passed 11-10-99.)

1117.05 OFF-STREET PARKING AND LOADING.

As required by Chapter 1129 .

1117.06 LANDSCAPING, SCREENING AND BUFFERING.

As required by Chapter 1131 .

1117.07 SIGNS.

As regulated by Chapter 1133 .

1117.08 ENVIRONMENTAL PERFORMANCE REGULATIONS.

As required by Chapter 1135 .

1119.01 SPECIFIC INTENT.

In addition to applicable provisions of the general intent stated in Section 1101.02, it is the intent of these district regulations to achieve, among others, the following purposes:

(a) To provide sufficient space in appropriate locations for light industrial development in order to promote the economic development of the Village and to provide additional employment in the region.

(b) To provide sites for light industrial development with direct access to arterial roads so as not to interfere with traffic patterns on local roads, and with convenient access to the freeway network, so as to allow adequate regional accessibility.

(c) To protect nearby residential and other areas from undesirable intrusions from the light industrial development by requiring adequate setbacks, height limitations, and screening, by making use of existing man-made and natural physical barriers, and by requiring adherence to environmental performance standards.

1119.02 PRINCIPAL USES PERMITTED BY RIGHT.

In any LI District, land, buildings or premises shall be used for one or more of the following uses:

(a) Offices. Offices including professional, financial, governmental, public utility, administrative and sales except that no retail sales involving the physical exchange of merchandise shall be permitted.

(b) Public Buildings. Public buildings include police and fire stations, post office and hospital.

(d) Child Day-Care Center. As defined in Section 1103.02.

(e) Newspaper Printing Establishments.

(f) Research Laboratories. Research laboratories including experimental, research and testing, all types of basic and applied research of product design and development, including, but not limited to, the operation of small scale experimental and pilot plant operations.

(g) Metal Production. Metal production includes metal-cutting, casting, stamping; gas and ultrasonic welding; grinding, machining and finishing, only in the production and/or assembly of products such as:

(1) Automobile and aircraft parts.

(2) Electrical and electronic equipment and motors.

(3) Electrical appliances; lamps, fixtures and clocks.

(4) Hardware, cutlery, kitchen utensils.

(5) Instruments; musical and scientific.

(6) Instruments and equipment; medical, orthopedic and photographic.

(7) Sporting goods, athletic equipment, toys.

(h) Nonmetal Production. Nonmetal production includes:

(1) Clothing and other textile products.

(2) Pharmaceutical products; compounding of cosmetics, drugs and toiletries.

(3) Food and drink preparation limited to bakeries, refrigeration, ice manufacture, bottling of soft drinks, creameries, wineries.

(4) Shops and offices of contractors, including carpentry, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, roofing and sheet metal, packaging and crating.

(5) Warehouses, other storage establishments, wholesale produce sales, parcel delivery stations.

(6) Storage and sale of new lumber and other building materials; public utility materials and equipment; monument works.

(i) Similar Uses. Any office, service, or industrial use not listed above but similar to a permitted use as to hours of operation and amount of traffic generated, may be permitted if such use complies with the environmental performance standards of Chapter 1135, is not specifically permitted in any other district, and conforms more closely to the basic characteristics of the classification to which it is added than to any other classification. Such determination shall be made by the Board of Zoning Appeals.

1119.03 ACCESSORY USES PERMITTED BY RIGHT.

Only the following accessory uses customarily incidental to uses permitted in this district shall be permitted:

(a) Off-street parking and loading facilities as permitted and as regulated in Chapter 1129.

(b) Signs as permitted and as regulated in Chapter 1133.

(d) Lunch rooms and recreation facilities for the exclusive use of employees.

1119.04 AREA AND HEIGHT REGULATIONS.

The minimum area of a Light Industrial District shall be 20 acres regardless of the fact that individual parcels of land within the District may be held in single and separate ownership. The following regulations shall be observed with respect to lots and to principal and accessory buildings:

(a) Lot Size	1 acre minimum
(b) Street Frontage	85 feet minimum
(c) Lot width at Building Line	100 feet minimum
(d) Building Coverage (maximum)	15% for 5 and 6 story principal building.
	20% for 4 story principal building.
	25% for 3 story principal building.
	30% for 2 story principal building.
	35% for 1 story principal building.
(e) Maximum Impervious Surface	80% of gross lot area.
(f) Minimum Front Yard*
To Building	75 feet
To Parking and Drives	25 feet
(g) Minimum Side Yard
To Building	25 feet (75 feet if abutting residential)
To Parking and Drives	10 feet (25 feet if abutting residential)
(h) Minimum Rear Yard
To Building	50 feet (75 feet if abutting residential)
To Parking and Drives	10 feet (25 feet if abutting residential)
(i) Height	60 feet maximum, except as permitted in Section 1139.03 .
(j) Distance Between Buildings	The distance at the closest point between any two (2) principal buildings on the same lot shall be at least as great as one-half the average height of the two (2) adjacent buildings and not less than twenty (20) feet.

* Measured from the right-of-way line.

(Ord. 1999-22. Passed 11-10-99.)

1119.05 OFF-STREET PARKING AND LOADING.

As required by Chapter 1129 .

1119.06 LANDSCAPING, SCREENING AND BUFFERING.

As required by Chapter 1131 .

1119.07 SIGNS.

As regulated by Chapter 1133 .

1119.08 ENVIRONMENTAL PERFORMANCE REGULATIONS.

As required by Chapter 1135 .

1121.01 PURPOSE.

It is the purpose of these Sections to promote the public health, safety, and welfare by providing for the regulation of planned office, industrial and commercial developments. It is the intent of these regulations to provide opportunities for orderly large scale developments which benefit the community as a whole by offering a greater variety of employment opportunities.

1121.02 DEFINITION.

"Mixed Use Planned Unit Development" or MPUD shall mean an area of land in which a variety of office , light industry, warehousing, retail and wholesale building types and densities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and set-backs, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.

1121.03 INTERPRETATION.

Whenever the requirements of Sections 1121.01 to 1121.26 appear to be in conflict with other sections of this Ordinance, or with those of other existing codes, the provisions of these Sections shall prevail.

1121.04 MPUD DISTRICT DESIGNATION.

Subsequent to the approval of the Planning Commission and the Village Council, the designation "MPUD" may be applied to the "O" Office District, to the "C" Commercial District, and/or to the "LI" Light Industrial District and portions thereof. Upon approval of the final development plan, the Official Zoning Map shall be so annotated for the land area affected and the district name shall be appropriately amended.

1121.05 USES PERMITTED IN A MPUD DISTRICT.

Office, Commercial and Light Industrial uses, as defined in Chapters 1115, 1117 and 1119 of this Ordinance, may be combined in MPUD districts provided that the proposed locations of such uses are specified in the final development plan. Lot area and other yard requirements of each respective district shall apply except as modified in Section 1121.09.

1121.06 MINIMUM PROJECT AREA REQUIREMENTS.

The gross area of a tract of land proposed to be developed in a MPUD district shall be a minimum of 100 acres, provided however, that smaller parcels may be considered on the basis of their potential to satisfy the intent of these regulations.

A minimum of twenty (20) percent of the land developed in a MPUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The common open space shall be disposed of as required in Section 1121.07 of this Ordinance.

1121.07 DISPOSITION OF OPEN SPACE.

The required amount of open space land reserved under a MPUD shall either be held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development, or be dedicated to a management association who shall have title to the land which shall be maintained as common open space for parks, open space and related uses. The legal articles relating to the organization of the managements association is subject to review and approval by the Planning Commission and shall provide adequate provisions for the perpetual care and maintenance of all common areas. Public utility and similar easements and right-of-ways for water courses and other similar channels may be acceptable for common open space dedication if such land or right-of-way provides usable recreational space or preserves scenic or natural site elements and has been approved by the Commission. The responsibility for the maintenance of all open space shall be specified by the developer before approval of the final development plan.

1121.08 UTILITY REQUIREMENTS.

Underground utilities, including telephone, cable television, and electrical systems are required within the limits of all MPUD developments. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Commission finds that such exemption will not violate the intent or character of the proposed MPUD district.

1121.09 SPECIAL MPUD LOT REQUIREMENTS.

The lot width, setback and yard requirements for planned unit development approval by the Commission may vary from requirements prevailing for the district to accomodate a variety of structural patterns, clustering designs and environmental site conditions.

1121.10 ARRANGEMENT OF COMMERCIAL USES.

Commercial buildings and establishments, offices and/or industrial uses in a MPUD district shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with streets. Planting screens or fences shall be provided on the perimeter of the commercial and/or industrial areas abutting residential areas. The plan for the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding areas. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Commission.

1121.11 PROCEDURE FOR APPROVAL OF MIXED USE PLANNED UNIT DEVELOPMENT DISTRICTS.

MPUD districts shall be approved in accordance with the procedure in Sections 1121.12 to 1121.26. It is the intent of these sections to incorporate the review and approval of development plans with the amendment process to remove the necessity to proceed under Chapter 1149 prior to the commencement of the Mixed Use Planned Unit Development plan review and approval process.

1121.12 PRE-APPLICATION MEETING.

1121.13 PRELIMINARY DEVELOPMENT PLAN APPLICATION REQUIREMENTS.

An application for preliminary Mixed Use Planned Unit Development approval shall be filed with the Zoning Administrator by at least one owner of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:

(a) Name, address, and phone number of applicant;

(b) Name, address, and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;

(d) Present use(s);

(e) Present zoning district(s);

(f) Proposed amending Ordinance;

(g) A vicinity map at a scale approved by the Zoning Administrator showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Administrator may require;

(h) A preliminary development plan at a scale approved by the Zoning Administrator showing topography at two (2) foot intervals; location and type of commercial, industrial and office uses; layout, dimensions, and names of existing and proposed streets; right-of-ways, utility easements, parks and common spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas; and such other characteristics as the Commission may deem necessary;

(i) Proposed schedule for the developement of the site;

(j) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years;

(k) A fee as established by Ordinance;

(l) A list containing the names and mailing addresses of all owners of property within 500 feet of the property in question;

(m) Verification by at least one owner of property that all information in the application is true and correct to the best of his knowledge.

The application for preliminary plan approval shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the Mixed Use Planned Unit Development would be in the public interest and would be consistent with the stated intent of these requirements.

1121.14 PLANNING COMMISSION PUBLIC HEARING.

1121.15 NOTICE OF PUBLIC HEARING.

Before holding the public hearing, notice of such Commission hearing shall be given in one or more newspapers of general circulation at least fifteen (15) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, a general description of the Mixed Use Planned Unit Development, and a statement that after the public hearing and submission of a final development plan, the matter will be referred to the Village Council for further determination.

1121.16 PUBLIC ACCESS TO PROPOSED MPUD DOCUMENTS.

For a period of at least twenty (20) days prior to the public hearing by the Commission, all papers relating to the Mixed Use Planned Unit Development shall be available for public inspection in the Village Hall.

1121.17 APPROVAL IN PRINCIPLE OF THE PRELIMINARY DEVELOPMENT PLAN.

Within sixty (60) days after the public hearing, the Commission shall review the preliminary development plan to determine if it is consistent with the intent of the Ordinance; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of land use types, and interrelationships with surrounding land uses justify the deviation from standard district regulations. The Commission's approval in principal of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principal shall not be construed to endorse a precise location of uses, configuration of parcels, or engineering feasibility.

1121.18 SUBMISSION OF FINAL DEVELOPMENT PLAN.

1121.19 FINAL DEVELOPMENT PLAN APPLICATION CONTENTS.

An application for approval of the final development plan shall be filed with the Zoning Administrator by at least one owner of property for which the Mixed Use Planned Unit Development is proposed. Each application shall be signed by the owner, attesting to the truth and exactness of all information supplied on the application for the final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two (2) years from the date of issuance of the approval. At a minimum, the application shall contain the following information:

(b) All the information required on the preliminary development plan; the location and sizes of lots; non-residential building intensity; and land uses considered suitable for adjacent properties.

(c) A schedule for the development of units to be constructed in progression, and a description of the design principles for buildings and streetscapes; a tabulation of the number of acres in the proposed project for various uses; estimated non-residential population; anticipated construction timing for each unit; and standards for height, open space, parking areas, building density, and public improvements, whenever the applicant proposes any exception from standard zoning district requirements or other Ordinances governing development.

(d) Engineering feasibility studies and plans showing, as necessary, sewer, water, drainage, electricity, telephone, and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earth work required for site preparation and development.

(e) Site plan, showing building(s), various functional use areas, circulation and their relationship.

(f) Preliminary building plans.

(g) Landscaping plans.

(i) A fee established by Ordinance.

1121.20 PUBLIC HEARING BY COMMISSION.

1121.21 RECOMMENDATION BY COMMISSION.

1121.22 CRITERIA FOR COMMISSION RECOMMENDATION.

Before making its recommendation, the Commission shall find that the facts submitted with the application and presented at the public hearing establish that;

(a) The proposed development can be initiated within two (2) years of the date of approval.

(c) Any exception from standard district requirements is warranted by design and other amenities incorporated in the final development plan, in accordance with these Mixed Use Planned Unit Development requirements.

(d) The proposed development is compatible with surrounding uses.

(e) The existing and proposed utility services are adequate for the uses proposed.

1121.23 NOTICE OF PUBLIC HEARING BY COUNCIL.

Also, written notice of the hearing on the Mixed Use Planned Unit Development shall be mailed by the Clerk by first class mail, at least twenty (20) days before the date of the public hearing, to all owners of property within 500 feet of the proposed Mixed Use Planned Unit Development and to such others as may be determined should receive such notice. Notices to individual property owners should contain the same information as required of notices published in the newspaper.

1121.24 ACTION BY COUNCIL.

In the event that the Council deny or substantively modify the final development plan as recommended by the Commission, any resulting final development plan for said Mixed Use Planned Unit Development shall not be effective unless passed or approved by three-fourths (3/4) of Council.

1121.25 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

In approving any Mixed Use Planned Unit Development application, both the Planning Commission and the Council may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Any violation of such conditions or safeguards, which have been made a part of the terms under which the final development plan has been approved, shall constitute a violation of this Ordinance and be punishable as such.

1121.26 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.

The approval of a final development plan for a Mixed Use Planned Unit Development district shall be for a period not to exceed five (5) years to allow for preparation and recording of the required subdivision plat and development of the project. If no construction has begun within two (2) years after the approval is granted, the approved final development plan shall be void, and the land shall revert to the district regulations of the district in which it is located. An extension of the time limit of modification of the approved final development plan may be approved if the Board of Zoning Appeals finds that such extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the final approved final development plan shall in any way affect the terms under which approval of the Mixed Use Planned Unit Development was granted.

1122.01 PURPOSE.

The New Community Planned Development District is established for the purpose of creating a sustainable community with a mix of land uses arranged in a planned setting.

(Ord. 2006-34. Passed 2-7-06.)

1122.02 REQUIRED COMPONENTS.

A variety of uses are permitted in the New Community Planned Development District in order to achieve functionality and a high level of sustainable interaction within the district. This district is designed to encourage the creation of mixed use housing and commercial districts which intimately relate to public spaces; attractive streets which provide a variety of ingress and egress points; ample pedestrian and bicycle accommodations including sidewalks, multipurpose trails, benches, cross-walks, etc.; to provide a mix of land uses that will provide potential employment opportunities for residents; and to provide development that has potential to contribute sufficient tax revenues to support the local school system and municipal service provision. In order to assure adequate revenues, tax exempt land uses shall not exceed thirty percent (30%) of the gross project area. Further, in order to assure compatibility, any project shall provide compatible transitional residential uses between existing adjacent single family residential uses and non- residential components of any new development.

(Ord. 2006-34. Passed 2-7-06.)

1122.03 PERMITTED USES.

Uses permitted in the New Community Planned Development District include the following:

a. Single family detached owner-occupied dwelling units.

b. Single family attached owner-occupied dwelling units.

c. Low-rise multi-family owner-occupied dwelling units.

d. Retail sales of general merchandise including department stores and specialty retailers.

e. Convenience stores including drug stores and mini-mart facilities.

f. Gasoline service stations.

g. Offices including professional, financial, governmental, administrative and sales offices.

h. Personal service uses such as dry-cleaners, hair dressers, tanning salons, etc.

i. Financial services including banks, saving and loans.

j. Research laboratories including experimental research for product design and development.

k. Public or private post-secondary educational institutions.

l. Hospitals and medical services.

(Ord. 2006-34. Passed 2-7-06.)

1122.04 ACCESSORY USES PERMITTED BY RIGHT.

Only the following accessory uses customarily incidental to uses permitted in this district shall be permitted:

a. Off-street parking and loading facilities as permitted and regulated in Chapter 1129.

b. Signs shall be provided in conformance with a coordinated area signage program that is subject to approval of the Planning Commission and is also subject to restrictions contained in Chapter 1133.

c. Stormwater management features.

d. Parks and open spaces provided for the use of the residents of the district.

(Ord. 2006-34. Passed 2-7-06.)

1122.05 SETBACKS AND SUPPLEMENTARY YARD REGULATIONS.

a. Setbacks shall be approved by Planning Commission based on consideration of relationships between diverse uses, potential land use conflicts, and in consideration of the supporting requirements for parking, landscaping, buffering, accessory uses, and other factors.

b. Supplementary yard regulations include the following:

1. Off-Street Parking: Where off-street parking areas are planned and designed as a coordinated facility with adjacent existing or planned parking areas, the Planning Commission may waive the requirement for side yard parking and drive setbacks.

2. Side Yards on Corner Lots: Whenever a business building is located on a corner lot, the width of the building side yard on the side street shall be not less than fifty (50) feet on major arterial streets, thirty-five (35) feet for collector streets and twenty-five (25) feet for local collector and local streets. On a corner lot, parking shall be set back at least twenty (20) feet from the side street right-of-way.

3. Yard Screening and Landscaping: Whenever a business building is located on a lot which adjoins a Residential District the Planning Commission may require a wall or fence five (5) to six (6) feet in height and supplementary landscape planting to shield adjacent residential areas from parking lot illumination, headlights, fumes, heat, blowing papers and dust, and to reduce the visual encroachment of business buildings, signs and activities.

(Ord. 2006-34. Passed 2-7-06.)

1122.06 HEIGHT REGULATIONS.

The height of any main or accessory building shall not exceed sixty (60) feet.

(Ord. 2006-34. Passed 2-7-06.)

1122.07 WASTE MATERIAL STORAGE.

No garbage, rubbish, waste material, empty containers or waste processing equipment shall be permitted outside of any building, unless a specific outside storage area is approved by the Planning Commission. Such storage shall be in containers approved by the Chief Building and Zoning Inspector, and the waste container area shall be screened from public view. The type and method of such screening shall be subject to approval by the Commission.

No liquid waste shall be discharged into an open body of water or a sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals does not exceed the amount permitted by other codes of the State, County or City. No waste containing material harmful to the sewerage system or the sewage treatment process shall be discharged into the municipal sewerage system. Damage resulting from accidental spills or emissions of solid, liquid or gaseous waste shall be the responsibility of the offender.

(Ord. 2006-34. Passed 2-7-06.)

1122.08 BUSINESS DISTRICT ARCHITECTURAL DESIGN STANDARDS.

The intent of the following standards is to encourage creative and innovative design of uses and structures that are harmonious with each other and to protect the value of buildings and property. It is recognized that the quality of architecture and building construction is important to the preservation and enhancement of building and property values, prevention of the physical deterioration of buildings, and the promotion of the image of the community and the general welfare of its citizens. In recognition of these factors, the following architectural review principles, criteria, and review guidelines are established:

a. Building Facade.

1. Plain, monolithic structures with long walls and roof plane surfaces are discouraged.

2. Each building facade shall incorporate design elements such as changes in color or texture; projections, recesses, and reveals; arcades or pergolas providing pedestrian interest; or equivalent elements that subdivide the wall into human scale proportions.

3. Building facades shall have highly visible customer entrances that feature canopies, overhangs, arcades, distinctive roof forms, arches, display windows, or landscaped features. Primary entrances should face streets on which they are located.

4. Buildings shall have well defined rooflines with attention to architectural detail.

b. Building Scale.

1. Wherever feasible, buildings shall be designed to provide massing configurations with a variety of different wall planes.

2. Where applicable, building mass shall be broken by dividing it into smaller components and creating functional open space and pedestrian oriented areas between buildings.

c. Screening.

1. Site design and development should consider impacts of noise and light on adjacent properties.

2. Where landscaping is used as screening it shall be opaque year round.

3. Plant materials shall be chosen which are indigenous, moderately fast growing, and require minimal maintenance.

4. The landscape design shall incorporate the entire site and consist of a palette of plants with year round appeal which might include annuals, perennials, shrubs and trees pursuant to Chapter 1131 of the Zoning Code.

5. Landscape screening shall be of a height and density so that it provides the full desired effect within three (3) growing seasons.

d. Service and Mechanical Equipment Areas.

1. The location of service areas and mechanical equipment shall be considered as part of the overall site design.

2. Service areas and mechanical equipment shall be screened from public view.

3. Screening shall be architecturally integrated for all utilities service entrance equipment. All ground-mounted equipment shall be screened from public view by a wall of material similar to the buildings or landscaping, equal to or greater in height than the height of the mechanical equipment.

4. Buildings shall not be designed or oriented to expose loading docks, service areas, HVAC elements, garbage dumpsters, or non-residential overhead doors to the public rights of way. Exceptions may be allowed if acceptable buffering is included.

5. Buildings adjacent to residential areas shall not be designed or oriented to expose HVAC elements, garbage dumpsters, or non-residential overhead doors towards the adjacent residential areas. Exceptions may be allowed if acceptable buffering is included.

6. Screening of roof-mounted equipment. All roof-mounted equipment that rises above the roofline of any building or structure shall be screened from view of any public street or adjacent residential area with a building material consistent and compatible with the building.

e. Streetscape Improvements.

1. A streetscape plan shall be submitted for the entire site. The Streetscape Plan shall address the relationship between vehicular and pedestrian traffic, pedestrian facilities, street and sidewalk lighting, landscaping, street furniture, trash receptacles, and transit stops.

2. The design of streets, pedestrian ways, landscaping, lighting, and street furniture shall be coordinated and integrated throughout the site.

3. Vehicular streets and driveways shall be designed to be compatible with pedestrian ways to encourage a pedestrian friendly environment. The width of streets shall be sensitive to pedestrian scale, and shall be minimized to avoid overwhelming that pedestrian scale while allowing for efficient vehicular traffic flow.

4. Site furnishings such as benches, seating, trash receptacles, bike racks, lighting fixtures, and tree grates shall be addressed in the Streetscape Plan.

f. Pedestrian Access and Circulation.

1. The site shall be connected to adjacent properties and pedestrian facilities to the maximum extent feasible.

2. A coordinated pedestrian system shall be provided between the primary entrances to buildings, all parking areas that serve the buildings, pedestrian facilities on adjacent properties that extend to the boundaries shared with the entire site, any public sidewalk along perimeter streets, or other community amenities or gathering spaces.

3. Decorative sidewalks, such as brick pavers, are encouraged at key intersections or streets.

4. Street furniture or other amenities are encouraged, such as plazas, benches, and decorative pedestrian light fixtures.

5. Open and public areas should be provided as a mixture of green space landscaping and hardscape pedestrian areas of the site area.

g. Vehicular Circulation and Access.

1. Street designs are encouraged to incorporate traffic calming devices and techniques including curving streets, roundabouts, texture changes, etc.

2. Common or shared access points are encouraged.

3. Circulation systems shall be designed to efficiently facilitate traffic flow, yet designed to discourage speeds and volumes that impede pedestrian activity and safety.

4. To the maximum extent feasible, common or shared service and delivery access shall be provided between adjacent parcels or buildings, and provided to the rear of buildings.

5. The developer as part of the site plan review process shall provide traffic impact studies when requested by Planning Commission.

h. Lighting.

1. Building and signage lighting must be indirect, with the light source(s) hidden from direct pedestrian and motorist view.

2. Outdoor lighting of a building parking area, or signage, shall be directed so as not to directly shine on adjacent properties.

3. Any lighting used to illuminate any off-street parking and loading area shall be arranged to direct light away from adjoining premises.

4. Under canopy lighting (such as service station pump canopies) shall be flush mounted to provide down lit illumination and shall not be of such intensity as to cause interference with vision of persons on public streets or in residential districts.

5. All lighting shall be shielded from adjacent residential districts.

(Ord. 2006-34. Passed 2-7-06.)

1122.09 APPROVAL PROCESS FOR NEW COMMUNITY PLANNED DEVELOPMENT DISTRICT.

New Community Planned Development projects shall subject to the review and approval process described in Sections 1121.12 through 1121.22.

(Ord. 2006-34. Passed 2-7-06.)

1123.01 SPECIFIC INTENT.

In addition to the applicable provisions of the general intent stated in Section 1101.02, it is the intent of these district regulations to achieve, among others. the following purposes:

(a) To designate sites for the continued existence of certain institutional uses which serve a regional population and which are compatible with existing and planned future development in the Village.

(b) To provide sufficient land in appropriate locations for community facilities, including local governmental facilities, schools and parks so as to serve the present and future Village population.

(c) To provide sites for future institutional uses with direct access to arterial roads or to other roads so located as not to interfere with traffic patterns on local roads.

(d) To protect nearby residential areas form any undesireable impacts of institutional development by requiring adequate setbacks, height limitations, screening, and adherence to environmental performance standards, and by making use of existing man-made and natural physical barriers.

1123.02 PRINCIPAL USES PERMITTED BY RIGHT.

In any INS District, land, buildings or premises shall be used by right for only one or more of the following:

(a) Hospital (general, medical or surgical), sanitarium, medical or health center, convalescent home, nursing home or similar health facility.

(b) Church, chapel, convent or similar religious institution, including rectory or parish house.

(c) College, private or public elementary, secondary, or nursery school, or other educational institution for academic instruction, not to include a business or trade school, dance studio or similar use.

(d) Government use or building, public utility use or building.

(e) Community center, public library, public park.

(f) Similar Uses. Any institutional use not listed above but similar to a permitted use as to hours of operation and amount of traffic generated, may be permitted if such use complies with the environmental performance regulations of Chapter 1135 and conforms more closely to the basic characteristics of the classification to which it is added than to any other classification. Such determination shall be made by the Board of Zoning Appeals. (Ord. 2001-10. Passed 6-13-01.)

1123.03 ACCESSORY USES PERMITTED BY RIGHT.

Only the following accessory uses customarily incidental to uses permitted in this district shall be permitted:

(a) Playfield or recreational facility in conjunction with a permitted principal use.

(b) Dormitory, in conjunction with a permitted principal use.

(d) Off-street parking and loading facilities as permitted and regulated in Chapter 1129.

(e) Signs as permitted and regulated in Chapter 1133.

1123.04 AREA AND HEIGHT REGULATIONS.

The following regulations shall be observed with respect to lots and to principal and accessory buildings:

(a) Lot Size	2 acres minimum.
(b) Street Frontage	100 feet minimum.
(c) Building Coverage	20% maximum.
(d) Maximum Impervious Surface	80% of gross lot area.
(e) Minimum Front Yard*
To Buildings	50 feet
To Parking and Drives	20 feet
(f) Minimum Side Yard
To Buildings	20 feet (50 feet if abutting residential)
To Parking and Drives	10 feet (25 feet if abutting residential)
(g) Minimum Rear Yard
To Buildings	40 feet
To Parking and Drives	10 feet (25 feet if abutting residential)
(h) Height	65 feet maximum, except as permitted in Section 1139.03.
(i) Distance Between Buildings	The distance at the closest point between any two (2) principal buildings on the same lot shall be at least as great as one-half the average height of the two (2) adjacent buildings and not less than twenty (20) feet.

* Measured from the right-of-way line.

SCHEDULE - MINIMUM YARD AND BUILDING SETBACK REQUIREMENTS

Zoning

District

Main and Accessory Building

and Use

Front Yard Street (From Row) (ft.)

Side Yard Abutting Residential District (ft.)

Side Yard Abutting Nonresidential Use (Ft.)

Rear Yard Abutting Residential District (ft.)

Rear Yard Abutting Nonresidential (ft.)

O - Office District

Offices

Parking & Drives

C - Commercial District

Stores & Offices

Parking & Drives

L1 - Light Industrial District

Buildings

Parking & Drives

I - Institutional District

Buildings

Parking & Drives

1123.05 SPECIAL DEVELOPMENT REGULATIONS.

In INS Districts, the tract of land on which each permitted use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit, with common open spaces, parking, utility, maintenance and service facilities and services.

1123.06 FUTURE USE OF INSTITUTIONAL LANDS.

It is the intent of this Section that provisions be made to insure a reasonable choice of appropriate uses in the case of a change in use of the non-use, abandonment or sale of property presently zoned for institutional use. In such an event the Planning Commission will review the specific site and make a recommendation to the Council of the Village of Highland Hills concerning the most appropriate use for the site, and shall recommend a zoning district classification for the Zoning Map to accomodate such uses.

1123.07 OFF-STREET PARKING AND LOADING.

As required by Chapter 1129 of this Ordinance.

1123.08 LANDSCAPING, SCREENING AND BUFFERING.

As required by Chapter 1131 of this Ordinance.

1123.09 SIGNS.

As regulated by Chapter 1133 of this Ordinance.

1123.10 ENVIRONMENTAL PERFORMANCE REGULATIONS.

As required by Chapter 1135 of this Ordinance.

1125.01 PURPOSE.

The Office/Research Park (OR) District is established to provide an environment conducive to well located and well designed office building sites to accommodate professional office, sales offices, research and development and non-profit organizations.

(Ord. 2004-19. Passed 4-14-04.)

1125.02 PERMITTED USES.

(a) Administrative, professional, business or finance offices and organizations.

(b) Banks, savings and loans, commercial loan offices.

(c) Office of organizations primarily engaged in accounting, finance, architecture, advertising, art, correspondence, design, editing, engineering, insurance, photography, realty, law, legal services and uses similar in terms of hours of operation, scale and intensity of use.

(d) Research laboratories.

(e) Radio and television broadcasting stations, not including transmission towers.

(f) Signs, as regulated by Chapter 1133.

(g) Accessory uses clearly incidental to and customarily associated with the primary permitted use. (Ord. 2004-19. Passed 4-14-04.)

1125.03 CONDITIONAL USES.

(a) Assembly industries and light manufacturing.

(b) Clubs, lodges and fraternal organizations.

(d) Child and day-care.

(e) Full-service restaurants with at-table ordering and service as an accessory use to a lawfully permitted use.

(f) Cafeteria style restaurants as accessory uses to lawfully permitted uses.

(Ord. 2004-19. Passed 4-14-04.)

1125.04 LOT, AREA AND WIDTH REQUIREMENTS.

(a) Minimum lot area for all permitted and conditional uses shall be two (2) acres.

(b) Minimum lot width at the building setback line shall be 150 feet.

(Ord. 2004-19. Passed 4-14-04.)

1125.05 LAND COVERAGE.

(a) Land area covered by main and accessory buildings shall not exceed twenty-five percent (25%) of the total area of the lot.

(b) Land area covered by impervious surfaces shall not exceed eighty percent (80%) of the total lot area. (Ord. 2004-19. Passed 4-14-04.)

1125.06 YARD AND SETBACK REQUIREMENTS.

(a) Buildings and land shall abut a dedicated street.
(b) Minimum front yard*:	To building	75 feet
	To parking/drives	30 feet
(c) Minimum side yard:	To building	50 feet
		30 feet abutting res.
	To parking/drives	20 feet
		30 feet abutting res.
(d) Minimum rear yard:	To building	50 feet
		75 feet abutting res.

* Measured from the right-of-way line.

(Ord. 2004-19. Passed 4-14-04.)

1125.07 HEIGHT REGULATIONS.

The height of any main and accessory building shall not exceed forty-five feet (45') in any OR District, except that this height may be increased to a maximum of one hundred feet (100') if for each one foot of increased height above 45 feet, each yard is increased by one foot in depth beyond the minimum required at Section 1125.06.

(Ord. 2004-19. Passed 4-14-04.)

1125.08 OFF-STREET PARKING AND LOADING.

As required by Chapter 1129.

(Ord. 2004-19. Passed 4-14-04.)

1125.09 LANDSCAPING, SCREENING AND BUFFERING.

As required by Chapter 1131.

(Ord. 2004-19. Passed 4-14-04.)

1125.10 SIGNS.

As required by Chapter 1133.

(Ord. 2004-19. Passed 4-14-04.)

1125.11 ENVIRONMENTAL PERFORMANCE REGULATIONS.

As required by Chapter 1135.

(Ord. 2004-19. Passed 4-14-04.)

1125.12 WASTE MATERIAL STORAGE.

(a) In an OR District, no garbage, rubbish, waste material, empty containers, or waste processing equipment shall be permitted outside of any building, unless a specific outside storage area is approved by the Planning Commission. If outside storage is approved by the Planning Commission, such storage shall be in containers approved by the Zoning Administrator, and the waste container area shall be screened from public view. The type and method of such screening shall be subject to approval by the Planning Commission.

(b) No liquid waste shall be discharged into an open body of water or sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkaline and other chemicals does not exceed the amount permitted by other codes of the State of Ohio, Cuyahoga County, or current Federal Regulations. No waste containing material harmful to the sewage system or the sewage treatment process shall be discharged into the municipal sewerage system. Damage resulting from accidental spill or emissions of solid, liquid or gaseous waste shall be the responsibility of the offender.

(Ord. 2004-19. Passed 4-14-04.)

1125.13 OUTSIDE STORAGE.

All goods, raw materials and equipment shall be used or stored within enclosed buildings. Where vehicles must be stored outside, they shall be stored outside of view from public streets and adjacent buildings and provided adequate vegetative or structural screening similar to that specified by Section 1131.05(b) and as approved by the Planning Commission. In no case will outside storage be permitted in front of the building setback line.

(Ord. 2004-19. Passed 4-14-04.)

1128.01 ESTABLISHMENT.

The Planning and Zoning Code of the Village of Highland Hills is hereby amended by providing for a new Chapter 1128 (Cemetery District) which shall be the same as set forth in Exhibit “A” attached to original Ordinance 1996-4 and incorporated herein by reference as if fully rewritten herein.

(Ord. 1996-4. Passed 2-14-96.)