It is the intent of the Central Business District to create an economically and socially vibrant, pedestrian and bike friendly, and visually pleasing environment along the City’s important commercial corridors, including parts of Broadway Avenue, Libby Road, and Lee Road. These objectives are consistent with the recommendations of the City Planning Commission, the Cuyahoga County Planning Commission, and with the goals of the adopted Master Plan of the City.

(Ord. 2022-35. Passed 4-6-22.)

   The following uses are considered principal permitted uses. If a use is not listed below, it is considered prohibited. Principally permitted uses shall be as follows:

   A.   Commercial Planned Developments.

   B.   Commercial Recreation, such as bowling alleys, jump yards, climbing gyms, golf course, etc.

   C.   Financial Institutions.

   D.   Grocery Stores.

   E.   Medical Clinics.

   F.   Mixed Use Developments, especially Dwellings Located Above Office or Commercial Uses.

   G.   Mixed Use Planned Developments.

   H.   Offices: Business or Professional.

   I.   Public Parks or Recreation Areas.

   J.   Public Recreation Facilities (indoor or outdoor).

   K.   Public, Non-profit or Private Cultural Facilities, such as art galleries.

   L.   Residential: Dwellings Located Above Office or Commercial Uses.

   M.   Restaurants, (excluding Fast Food establishments).

   N.   Retail Businesses.

(Ord. 2022-35. Passed 4-6-22.)

   The following uses are considered accessory permitted uses. If a use is not listed below, it is considered prohibited. Accessory permitted uses shall be as follows:

   A.   Attached or Detached Garage and Storage Structures.

   B.   Automated Teller Machines (ATMs).

   C.   Child Day Care Centers.

   D.   Fences and Walls.

   E.   Parking Structures.

   F.   Private Swimming Pools, Tennis Courts and Basketball Courts.

   G.   Satellite Dishes.

   H.   Signs.

   I.   Warehousing, Distribution and Enclosed Storage. Such warehousing and storage shall be related to an industrial use and shall be limited to ten percent (10%) of the gross floor area of the industrial use.

   J.   Uses, buildings, or structures customarily incidental to a principal permitted use or conditionally permitted use located on the same lot therewith.

(Ord. 2022-35. Passed 4-6-22.)

   The following uses may be conditionally permitted. If a use is not listed below, it is considered prohibited. Conditionally permitted uses are as follows:

   A.   Assisted Living Facilities (see buffer criteria listed in Section 1282.05).

   B.   Automobile Repair and Service Stations (see buffer criteria listed in Section 1282.05).

   C.   Bars, Taverns, or Night Clubs (see buffer criteria listed in Section 1282.05).

   D.   Car Washes.

   E.   Clubs.

   F.   Commercial Entertainment (indoors).

   G.   Corporate or Business Training Facilities.

   H.   Convenience Stores (see buffer criteria listed in Section 1282.05).

   I.   Convention or Conference Centers.

   J.   Day Care Centers, Adult (see buffer criteria listed in Section 1282.05).

   K.   Educational Institutions.

   L.   Funeral Homes (see buffer criteria listed in Section 1282.05).

   M.   Government Facilities, Offices and Services.

   N.   Hospitals, including Heliports as an Accessory Use.

   O.   Hotels/Motels.

   P.   Light Industrial Uses.

   Q.   Personal Services (see buffer criteria listed in Section 1282.05).

   R.   Private Recreational Clubs.

   S.   Public Operations involving: the Operation, Parking and Maintenance of Vehicle, Cleaning of Equipment, or Work Processes Involving Solvents, Storage of Goods, etc.

   T.   Public Utilities.

   U.   Recording, Radio or Television Studios.

   V.   Religious Places of Worship.

   W.   Research and Development Laboratories.

   X.   Residential: Townhomes (see Section 1282.11.E.4)

   Y.   Restaurants, Drive-thru (see buffer criteria listed in Section 1282.05).

   Z.   Restaurants, Fast Food (see buffer criteria listed in Section 1282.05).

   AA.   Vehicle and Equipment Rental.

   BB.   Veterinary Facilities/Small Animal Clinics.

   CC.   Wholesale Trade.

(Ord. 2022-35. Passed 4-6-22.)

   In order to provide a varied and diverse mix of uses in the Central Business District that encourages a culturally enriching and commercially vibrant pedestrian-friendly environment, certain uses will have buffer criteria, such that no two (2) establishments of the same use will be permitted within a certain distance of one another. Buffer criteria for various uses are detailed in this section.

 

   There shall be no minimum lot area or width for properties in this district provided, however, that all other requirements of this district are met.

(Ord. 2022-35. Passed 4-6-22.)

   The yard setback requirements for properties in this district shall be as follows:

   A.   FRONT YARD/BUILDING SETBACK:

      1.   The front yard setback for uses in this district shall be between zero (0) and fifteen (15) feet from the end of the right-of-way (the interior edge of the sidewalk).

      2.   If the front of the building features a setback larger than five (5) feet from the right-of-way, the space between the right-of-way and the building facade shall feature outdoor seating, public space, plantings, or planters, or in some other way contribute to the pedestrian experience at the street level.

      3.   A Pedestrian Buffer/Tree Lawn may be required in order to buffer pedestrians from automobile traffic and to help green the Central Business District in accordance with adopted Streetscape Improvement Plans or Corridor Plans for Broadway Avenue, Libby Road or Lee Road. Additional landscaping requirements are located in Section 1282.11 of this Chapter.

      4.   All improvements affecting the front yard, street frontage, or pedestrian environment shall conform to adopted Streetscape Improvement Plans or Corridor Plans for Broadway Avenue, Libby Road or Lee Road.

   B.   SIDE YARD:

      1.   When adjacent to a commercial, office, or industrial district, there shall be no required minimum side yard setback. If side yard setbacks are less than five (5) feet firewalls must be constructed or provided between parcels.

      2.   When adjacent to a residential district, the side yard setback shall be fifteen (15) feet, or one half the height of the building, whichever is larger. Furthermore, this setback strip shall be planted in a well-designed manner with trees, shrubs, evergreen hedges, and evergreens to form a dense compact screening. The plantings shall provide a visual screen of at least sixty percent (60%) during all seasons at a minimum height of six (6) feet above grade. All trees shall have a trunk at least three (3) inches in circumference and approximately fifteen (15) feet in height.

   C.   REAR YARD:

      1.   When adjacent to a commercial, office, or industrial district, there shall be no rear yard setback. If rear yard setbacks are less than five (5) feet firewalls must be constructed or provided between parcels.

      2.   When adjacent to a residential district, the minimum rear yard setback for uses in this district shall be the height of the building or a minimum of twenty-five (25) feet, whichever is larger.

(Ord. 2022-35. Passed 4-6-22.)

   The maximum height requirements for buildings within this district are as follows:

   A.   Principally permitted uses shall not exceed a height of forty (40) feet.

   B.   Accessory permitted uses shall not exceed a height of fifteen (15) feet.

(Ord. 2022-35. Passed 4-6-22.)

   Land use intensity is a measure of how much of the parcel is allowed to be devoted to principal and accessory uses, or allowable maximum coverage. The lot coverage for properties in this district shall be as follows:

   A.   The facade of the main building shall face either Broadway Avenue, Libby Road, or Lee Road, and shall occupy at least sixty percent sixty percent (60%) of the width of the lot as it fronts the street. In the event of a corner lot fronting two or more of the aforementioned arterial streets, the side of the parcel not considered the front shall conform to regulations set forth in Sections 1282.10 and 1282.11.

   B.   The main building shall be located within zero to fifteen (15) feet of the front lot line. See Sections 1282.07 and 1282.11 for additional guidelines.

   C.   The combined area of all structures and off-street parking areas shall not exceed eighty percent (80%) of the useable lot area (useable area to exclude any acreage within parcel devoted to roadway rights-of-way), with at least twenty percent (20%) of the useable lot area required to be permanently landscaped. Landscaping treatments shall include native, salt and drought resistant species of trees, shrubs, and plants. See Section 1282.11 for additional requirements.

   D.   Minimum required off-street parking shall be reduced by fifty percent (50%) of the minimum parking required by Schedule 1290.06. Further off-street parking requirements are set forth in Section 1282.10.

      The following graphic displays the lot and building standards within this district:

 

(Ord. 2022-35. Passed 4-6-22.)

   A.   The following off-street parking and loading regulations shall be in addition to those specified in Chapters 1290 and 1294. In the event that regulations set forth in this Section contradict those in Chapter 1290, the regulations below shall prevail.

   B.   Off-Street Parking

      1.   Off-street parking shall not be located in a front yard.

      2.   If a parking lot must be placed adjacent to a street, the parking lot shall be set back ten (10) feet from the right-of-way.

      3.   All off-street parking areas shall be screened from view from a public right-of-way with fencing and/or landscaping approved by the Planning and Zoning Commission and the Architectural Review Board.

      4.   Minimum required off-street parking in the Central Business District shall be reduced by fifty percent (50%) of those minimums specified in Schedule 1290.06.

      5.   Shared parking is allowed between two or more uses provided that:

         a.   A written legal agreement between parties will be provided for the shared use of parking, guaranteeing access to, use of, and management of designated spaces; and will be submitted to and approved by the City’s legal counsel. The legal agreement is to be filed with the Building Commissioner.

         b.   Shared spaces for residential units must be located within 300 feet of the dwelling unit entrances they serve.

         c.   A minimum of eighty percent (80%) of the shared spaces for nonresidential units must be located within 500 feet of the principal building entrances of all sharing uses. A maximum of twenty percent (20%) of the spaces may be located greater than 500 feet but not less than 800 feet from the principal entrances.

         d.   Clearly delineated and direct pedestrian connections shall be provided from the shared parking areas to the building entrances.

         e.   Pedestrians shall not be required to cross an arterial street to access shared parking facilities except at a signalized intersection along a clearly delineated pedestrian pathway.

         f.   The Building Commissioner may require an applicant requesting shared parking to submit a shared parking plan showing the proposed parking spaces.

      6.   Additional creative solutions in the provision of adequate parking are encouraged. Approval for these designs is to be submitted to the Building Commissioner and if needed, to the Planning and Zoning Commission and the Architectural Review Board.

   C.   Access

      1.   Vehicular circulation between parcels is encouraged. Provisions for circulation between adjacent parcels shall be provided through coordinated or joint parking systems to minimize curb cuts along the street.

      2.   Only one access point for each 200 feet of road frontage in the Central Business District shall be permitted. Lots with less than 100 feet of frontage are encouraged to consolidate access points with adjoining properties but shall, in any case, be provided one (1) access point.

      3.   Where possible, access drives to off-street parking lots shall be made via non-arterial streets.

      4.   Parking lots shall provide for safe pedestrian circulation systems, such that designated pathways connect parking lot interiors to sidewalks.

      5.   Off-street parking and loading area plans must be submitted to and approved by both the Planning and Zoning Commission and the Architectural Review Board.

(Ord. 2022-35. Passed 4-6-22.)

   The following guidelines shall be applicable to all new development, redevelopment, and all substantial expansion of parcels within the Central Business District.

   A.   Utilities

      1.   All utility lines for new projects shall be located underground.

      2.   Pedestrian Lighting

         a.   Pedestrian lighting structures are pole-mounted lights in the right-of-way that primarily function to illuminate pedestrian areas such as sidewalks. They are part of a secondary lighting system used to supplement street lighting levels.

         b.   Pedestrian lighting structures are to be placed in the Pedestrian Buffer area, not to encroach upon sidewalks, where possible.

         c.   Pedestrian lighting structures shall:

            i.   Be placed at equal intervals between streetlights, such that either a pedestrian light or a streetlight is established approximately per every twenty-five (25) feet of roadway.

            ii.   Be a maximum of eighteen (18) feet above grade.

            iii.   Decorative in nature and complementary to existing pedestrian lighting structures along Broadway Avenue.

            iv.   Provide one (1.0) foot-candle of illumination.

            v.   Shall conform to IDA (International Dark-sky Association) standards to prevent light pollution.

            vi.   Shall be submitted to the ARB as an overall street lighting plan for development or building frontage.

   B.   Pedestrian Circulation, Landscaping and Streetscape Design

      1.   Sidewalks

         a.   Sidewalks will be required along all road frontages.

         b.   Sidewalks located on a section or block with on-street parking shall be at least five (5) feet, but no more than twelve (12) feet in width.

         c.   Sidewalks shall connect to sidewalks on adjacent parcels.

         d.   Use of permeable pavers or pavement is encouraged for sidewalk material, to be approved by the City Engineer.

      2.   Pedestrian Buffer/Tree Lawn: A Pedestrian Buffer/Tree Lawn may be required in order to buffer pedestrians from automobile traffic and to help green the Central Business District in accordance with adopted Streetscape Improvement Plans or Corridor Plans for Broadway Avenue, Libby Road or Lee Road.

         a.   If a buffer area is included by an adopted Plan, property owners shall accommodate such requirements, and may be required to assist in the establishment of this landscaped buffer.

         b.   Maintenance of the pedestrian buffer/tree lawn shall be the responsibility of the property owner. Failure to properly maintain the buffer or tree lawn area shall result in action by the City against the property owner.

         c.   This buffer shall be constructed to encompass existing streetlights, and other above ground public utilities.

         d.   Landscaping. All landscaping plans shall be approved by the Building Commissioner and the Architectural Review Board.

            i.   This buffer shall contain, at minimum, one (1) small tree for every twenty (20) feet of frontage, or one (1) medium tree for every tree for every thirty (30) feet of frontage. Trees may be accommodated by tree grates, tree wells, or tree boxes.

            ii.   The buffer area should also feature a continuous vegetated tree lawn in addition to street trees. This tree lawn shall include only native, salt-and drought-resistant plantings ranging from two (2) inches to two (2) feet in height. A list of appropriate trees and native plants are listed in Section 1282.11 (G).

            iii.   This buffer may also feature raingardens or vegetated bioswales. These bioswales must be approved by the City Engineer. A list of plants to include in a raingarden or bioswale is included in Section 1282.11 (G).

      3.   Pedestrian Amenities:

         a.   City standard benches, trash receptacles and other street furniture shall be installed at regular intervals along Broadway Avenue, Libby and Lee Roads in the Central Business District and shall be located at transit stops and in public outdoor spaces. Such treatments will be adjacent to the front sidewalk or along the building frontage and shall not impede the flow of pedestrian traffic.

         b.   Street furniture and pedestrian amenities shall be included in development plans submitted to the Architectural Review Board.

      4.   The Central Business District will also feature streetscape treatments to help foster a pedestrian-friendly environment. One or several of the following treatments may be required or encouraged to be installed or maintained within the ROW:

         a.   Textured sidewalk ramps.

         b.   Curb Extensions/Sidewalk Bump-outs.

   C.   Green Infrastructure

      The City of Maple Heights strongly encourages the use of green infrastructure throughout the City. The following green infrastructure opportunities are either encouraged or required within the Central Business District:

      1.   The use of raingardens or vegetated bioswales to fulfill specifications of the pedestrian buffer area/tree lawn set forth in Section 1282.06 and 1282.10 (B) is encouraged. The Maple Heights City Engineer can provide guidance for the design and planting of raingardens and vegetated bioswales.

      2.   Green parking lots: Parking lot islands and/or parking lot buffers should take the form of raingardens, bioswales, or planter boxes if possible. These include recessed islands rather than traditional raised curb islands.

      3.   Pervious pavement/pavers. Pervious pavers or permeable pavement should be used in pedestrian walkways. Pervious pavers can be used in lieu of concrete or asphalt for driveways and parking lots. Permeable pavement should be avoided anywhere meant for automobiles.

      4.   Light-colored pavement/pavers: Developers should opt for light-colored asphalt, concrete, pervious pavement, or pavers to reduce the urban heat island effect.

      5.   Rooftops: All rooftops must be painted white to reduce the heat island effect, unless green roof technology is utilized.

      6.   Green infrastructure plans must be included in required plans to be submitted to the Architectural Review Board.

   D.   Site Features

      1.   Site features such as dumpsters, mechanical equipment, service entrances, loading zones and outdoor storage shall not be located in the front or side yard.

      2.   All site features shall be screened from view from the public right-of-way. Screening materials shall resemble, to a practical extent, the construction materials of the primary building. Acceptable materials include those used for the building, masonry, or concrete masonry walls with brick veneer to match building exterior.

   E.   Building Design

      1.   No single store should exceed 30,000 square feet in area.

      2.   Entrances and Facades:

         a.   The front entrance of buildings shall be oriented towards Broadway Avenue, Libby Road or Lee Road.

         b.   Entrances shall be readily apparent and contain one of the following architectural features:

            i.   Recess

            ii.   Overhang

            iii.   Canopy/Awning

            iv.   Portico

         c.   Buildings located along the northeastern side of Broadway Avenue between Greenhurst Drive and Maple Heights Boulevard shall be designed to have 100 percent (100%) of the building facade at the front lot line along the sidewalk.

      3.   The use of highly reflective materials for walls and roofs shall not be used. Natural materials such as brick or stone are encouraged. The use of Stucco or Exterior Insulation and Finish Systems (EIFS) is discouraged.

      4.   Buildings located along Broadway Avenue between Greenhurst Drive and Maple Heights Boulevard shall be designed so that the ground floor of the building is limited to retail uses, personal services, restaurants, or other uses encouraging street level activities. Offices and residential uses should be limited to the second and third floors of the building.

      5.   Windows:

         a.   For ground floors, windows shall cover a minimum of fifty percent (50%) of total wall area.

         b.   Continuous window walls should be avoided by providing architectural building treatments, mullions, building modulation, entry doors, pilasters, and/or columns at appropriate intervals.

         c.   Windows shall be clear glass (no darkened, reflective or spandrel glass permitted).

         d.   Windows shall be placed between a height of two and a half (2.5) feet to seven (7) feet on the building facade and shall have a visible depth of at least three (3) feet into the interior of the building.

         e.   Windows shall be architecturally enhanced through framing features to add relief and visual interest. Continuous window walls should be avoided by providing architectural building treatments, such as mullions, entry doors, pilasters, and/or columns at appropriate intervals.

         f.   No flashing or neon lights shall be permitted to frame windows.

      6.   The use of awnings and other such features to create an inviting street level experience are encouraged.

      7.   Exterior appearance, including materials, colors and textures shall be submitted to the Planning and Zoning Commission and the Architectural Review Board for review.

   F.   Signage

      1.   Signage shall be limited to ground-mounted, awning, projecting, and wall-mounted signs.

      2.   Permanent Signs shall conform to regulations set forth in Chapter 1296 of this document. Additionally, developers shall submit a Signage Master Plan to the Building Commissioner for review and approval.

      3.   Window Signs.

         a.   Ground Floor Occupants.

         b.   Permanent window signs, which shall be any window sign displayed for more than thirty (30) days, shall have a maximum area not greater than twenty percent (20%) of the total window area of the space occupied by the occupant.

            i.   The total area of window signage permitted may be aggregated onto one or more window panels provided that such signs do not cover more than thirty percent (30%) of the window panel to which they are affixed or behind which they are placed.

            ii.   The total area of permanent and temporary window signage shall not exceed twenty-five percent (25%) of the total window area of the space occupied by the occupant.

            iii.   A temporary window sign is to be displayed not more than thirty (30) days. Temporary window signs must be attached to the inside of the window.

            iv.   In addition to other window signage that may be permitted by this Chapter, each occupant may display one (1) window sign, not to exceed a maximum of one (1) square foot in area, which indicates its hours of operation and one (1) window sign, not to exceed two (2) square feet in area consisting solely of the words "open" or "closed".

         c.   Upper Story Occupants. For a multi-story building, each occupant above the ground floor shall be permitted one (1) permanent sign to be placed in a window of the occupant's space.

            i.   The sign shall not exceed six (6) square feet or twenty- five percent (25%) of the area of the window in which the sign is placed, whichever is smaller.

            ii.   The Building Commissioner may authorize the display of a window sign in or on a second story window upon determination that such second story sign is consistent with this code and in harmony with the general character of the building and neighborhood.

   G.   Approved Plant Lists. These lists are not exhaustive.

         a.   Western Yarrow (Achillea millefolium var. occidentalis):

         b.   Swamp Milkweed (Asclepias incarnata):

         c.   Showy Milkweed (Asclepias speciosa):

         d.   Borage: (Borago officinalis):

         e.   Butterfly Weed/Butterfly Milkweed (Asclepias tuberosa):

         f.   Smooth Aster (Aster laevis):

         g.   Canadian Milkvetch (Astragalus canadensis):

         h.   Partridge Pea (Chamaecrista fasciculata):

         i.   Lanceleaf Coreopsis (Coreopsis lanceolata):

         j.   Plains Coreopsis (Coreopsis tinctoria):

         k.   Purple Prairie Clover (Dalea purpurea):

         l.   Purple Coneflower (Echinacea purpurea):

         m.    Rattlesnake Master (Eryngium yuccifolium):

         n.   Common Gaillardia (Gaillardia aristata):

         o.   Indian Blanket (Gaillardia pulchella):

         p.   Dense Blazingstar (Liatris spicata):

         q.   Great Lobelia (Lobelia siphilitica):

         r.   Lemon Beebalm (Monarda citriodora):

         s.   Wild Bergamont (Monarda fistulosa):

         t.   Foxglove Beardtongue (Penstemon digitalis):

         u.   White Wand Beardtongue (Penstemon tubaeflorus):

         v.   Narrow Leaved Mountain Mint (Pycnanthemum tenuifolium):

         w.   Virginia Mountain Mint (Pycnanthemum virginianum):

         x.    Black-eyed Susan (Rudbeckia hirta):

         y.   Dwarf Goldenrod (Solidago nemoralis):

         z.   Ohio Spiderwort (Tradescantia ohiensis):

         aa.   Golden Alexanders (Zizia aurea):

         bb.   Autumn Bentgrass (Agrostis perennans):

         cc.   Little Bluestem (Schizachyrium scoparium):

         a.   Christmas Fern / Polystichum acrostichoides

         b.   Wild Ginger / Asarum canadense

         c.   Violet / Viola spp.

         d.   Wild Geranium or Spotted Cranesbill / Geranium maculatum

         e.   Pennsylvania Sedge / Carex pensylvanica

         a.    Large-flowered Trillium / Trillium grandiflorum

         b.   Nodding Trillium / Trillium cernuum

         c.    Toadshade or Toad Trillium / Trillium sessile

         d.    Jack-in-the-puIpit / Arisaema species

         e.   Mayapple / Podophyllum peltatum

         f.   False Solomon's Seal / Smilacina racemosa

         g.   Solomon's Seal / Polygonatum species

         h.   Jacob's Ladder / Polemonium

         i.   Virginia Waterleaf / Hydrophyllum virginianum

         j.    Dutchman's Breeches / Dicentra cucullaria

         k.   Wild Blue Phlox / Phlox divericata

         l.   Blue Cohosh / Caulophyllumthalictroides

         m.   Fairy Candles or Black Cohosh / Cimicifuga racemosa

         n.   White Baneberry or Doll's Eyes / Actaea pachypoda

         o.    Goldenseal / Hydrastis canadensis

         p.   Sensitive Fern / Onoerea sensibilis

         q.   Horse Balm / Coltinsonia canadensis

         r.   Tussock Seqge / Carex stricta

         s.   Golden Ragwort / Senedo aureus

         t.   Twinleaf / Jeffersonia diphylla

         u.   White Wood Aster / Aster divaricatus

         a.   American Cranberry Viburnum / Viburnum trilobum

         b.   Arrowwood Viburnum / Viburnum dentatum

         c.   Spicebush / Lindera benzoin

         d.   Maple leaf viburnum / Viburnum acerfolium

         e.   Nannyberry viburnum / Viburnum lentago

         a.   Nyssa sylvatica/ Blackgum (Native)

         b.   Quercus velutina/ Black Oak

         c.   Juglans nigra/ Black Walnut

         d.   Betula nigra/ River Birch

   H.   Architectural Review Board

      The Architectural Review Board may recommend to the Planning Commission, from time to time, revisions to these design criteria for specific areas within the Central Business District.

(Ord. 2022-35. Passed 4-6-22.)