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Mayfield Heights City Zoning Code

CHAPTER 1173

U-4-A Development Districts

1173.01 AUTHORITY TO ESTABLISH; APPLICATION OF CHAPTER; ACTION BY OWNERS.

   In addition to all other districts established by this Zoning Code, Council may, from time to time, establish one or more undeveloped or partially developed areas of the City as a Development District, where a planned and controlled development of such area for business and commercial use will be permitted. This chapter shall apply only to such Districts. If the area designated as a Development District is owned by more than one person, all the owners shall file with the Clerk of Council their written approvals of having the area so designated and subjected to the limitations of a Development District.
(Ord. 1985-29. Passed 10-14-85.)

1173.02 PERMITTED USES.

   The following uses are permitted in a U-4-A District:
   (a)   Uses permitted in the U-4 District;
   (b)   Banks, offices, studios and telephone exchanges;
   (c)   Retail stores, or shops for custom work or the making of articles to be sold only at retail on the premises;
   (d)   Restaurants, theaters or moving picture shows;
   (e)   Electrical substations;
   (f)   Job printing and newspaper printing;
   (g)   Wholesale sales offices or sample rooms;
   (h)   Central milk distribution stations, not including bottling or processing facilities;
   (i)   Service centers providing coin-operated machines for consumer use;
   (j)   Laundries and dry cleaning shops;
   (k)   Lodge halls, assembly rooms, arenas, stadiums and other auditoriums;
   (l)   Swimming pools, bowling alleys, skating rinks and dance halls;
   (m)   Medical and dental offices;
   (n)   Night clubs and cocktail lounges;
   (o)   Laboratories in which no manufacturing processes are carried on;
   (p)   Day nurseries and kindergartens;
   (q)   Museums and libraries;
   (r)   Motels and commercial hotels;
   (s)   Radio or television stations;
   (t)   Taxicab dispatching offices, including parking of taxicabs;
   (u)   Service centers providing for the repair of household appliances within an enclosed building, not to include the manufacture of appliances;
   (v)   Recreation centers providing a combination of recreation facilities wholly within one common building; and
   (w)   Car washing centers using car washing machines.
(Ord. 1993-21. Passed 6-28-93; Ord. 2004-25. Passed 11-8-04.)

1173.03 SITE PLAN REQUIREMENTS.

   Before any building or use not existing at the time of the establishment of a Development District is permitted in any such District, all of the owners of the area contained in such District shall have filed a site plan with the City Planning Commission and shall have obtained the approval of the Commission and Council of such site plan, which plan shall show the proposed general development of such building or use, and which plan shall include or be accompanied by the following information:
   (a)   District and property lines and topography;
   (b)   The location of the following development features, both existing and proposed:
      (1)   Buildings;
      (2)   Streets and parking areas;
      (3)   Utility and sewer facilities; and
      (4)   Parks, playgrounds or other open spaces;
   (c)   The existing and proposed uses of all such buildings;
   (d)   The existing or proposed development of property immediately adjacent to the District so as to show the relation of existing or proposed streets thereto and the character of the use being made or permitted to be made thereof; and
   (e)   Preliminary plans and elevations for any building for which a building or use permit is applied for.
(Ord. 1985-29. Passed 10-14-85.)

1173.04 STANDARDS.

   In considering and acting upon any site plan, the City Planning Commission and Council shall require that the proposed plan comply with the following standards:
   (a)   The plan shall ensure safe and convenient traffic movement within the Development District and in relation to adjoining streets.
   (b)   The relation of buildings and uses in the District to each other and to buildings and uses in adjoining districts shall be such that no proposed building or use hinders or discourages the appropriate development or use of any adjoining property or is inconsistent with permitted uses of such property. To that end, the Commission shall disapprove any building or use which would otherwise be permitted in the District or in a more restricted district if such building or use in the neighborhood of less restricted but permitted uses (whether or not then existing) would hinder or discourage such permitted use of adjoining property, or would be inconsistent with the public interest in the health, safety, convenience or comfort of the occupant or user of the proposed building. Further, in applying the standard fixed by this subsection, the Commission may consider height, design, population density, traffic pattern, setbacks, distances between buildings, landscaping features, walls, fences or any other element which is related to possible impairment or discouragement of the appropriate use of adjoining property and to the public health, safety, convenience or comfort.
   (c)   Not more than thirty percent of the ground level area of the District shall be occupied by buildings.
   (d)   In addition to the provisions of Section 1195.04, the terms of which supersede the provisions of this section in the case of a conflict, all buildings shall be set back at least thirty feet from the side line of adjoining streets, shall be at least twenty feet from any other building and shall be at least thirty feet from any district boundary line. All buildings or other structures shall be set back at least 250 feet from the centerline of any street on which such buildings front, provided, however, that in the case of undue hardship or special merit, the owner may apply to the Board of Zoning Appeals for a reduction of such set-back requirement. If such application is approved by the Board and Council, the owner shall construct such buildings or structures in accordance with the set-back requirements as determined by such bodies in their approval.
   (e)   Off-street parking and loading shall be provided in accordance with Chapter 1189.
   (f)   No feature of any plan submitted pursuant to this chapter shall adversely affect the public health, safety, convenience or comfort or general welfare, and the plan shall, in all respects, conform to the applicable restrictions of this Planning and Zoning Code, including but not limited to Chapter 1197 .
(Ord. 1996-36. Passed 12-9-96; Ord. 2016-32. Passed 1-23-17.)

1173.05 PLAN APPROVAL OR DISAPPROVAL; APPEALS; MODIFICATIONS; BUILDING PERMITS.

   The City Planning Commission shall approve or disapprove any plan duly filed with the Commission within thirty days after the date of such filing. Upon the final decision by the Commission, it shall then be submitted to Council for approval or disapproval. At any time after such approval is given and before the plan is modified by the Board or Council, on petition or on its own initiative, an application may be made for a building permit for any building, the preliminary plans and elevations for which have been filed with and approved by the Commission and Council as required by Section 1173.03 (e), and such permit shall be granted if the application conforms to such approved plans and to all other requirements of this Zoning Code and other applicable ordinances.
   The general development plan may be modified from time to time by the Planning Commission, acting either on petition or on its own initiative, but cannot be so modified without notice to the owners of all of the lands included in such plan. However, if at any time after building permits for such development are issued, the owner, contractor or any other person varies from the plans and specifications as approved by the Commission and Council, the Director of Buildings is hereby authorized and directed to post on such premises written notification of the change. If such change has not been corrected in accordance with the plans and specifications approved by the Commission and Council within five days after such posting, the Director of Buildings is hereby authorized and directed to revoke all outstanding building permits for construction within the entire development area.
(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90; Ord. 2016-32. Passed 1-23-17.)

1173.06 NONCOMBUSTIBLE EXTERIORS REQUIRED; EXCEPTION.

   In a U-4-A District, all new buildings or additions, hereafter erected or permitted to be erected under this Zoning Code, shall have outer walls constructed of noncombustible material.
   The outer faces of outer walls of buildings in this District shall be constructed with a minimum four-inch face brick, stone, cast stone, precast concrete panel or architectural cast-in-place concrete of finish, glass, metal or other architectural panel approved by the Architectural Board of Review. Exposed masonry block and through-wall block construction is prohibited.
   The use of solid concrete veneer unit (split face brick) for alterations of existing buildings with suitable masonry walls may be permitted upon the approval of the Architectural Board of Review.
   No brick, cast stone or concrete veneer unit (split face brick) shall be larger than four inches in height.
   Exception. Temporary structures as permitted in Chapter 1370.
(Ord. 1992-40. Passed 1-25-93; Ord. 2010-3. Passed 1-11-10.)

1173.07 LOTS OR STRUCTURES FOR DWELLING AND BUSINESS USES.

   The erection of any dwelling unit is prohibited on a lot in a U-4-A District when such lot is presently occupied by any building or other structure intended or designed wholly or partly for a business use. The erection of any building or other structure intended for a business use is prohibited on a lot in any district in the City when such a lot has already erected upon it a building or structure containing a dwelling unit. The erection of a structure for both dwelling and business uses is expressly prohibited in a U-4-A District. However, nothing in this section shall be construed to be in derogation of Section 1159.12.
(Ord. 1985-29. Passed 10-14-85.)

1173.08 BUFFERS IN SIDE AND REAR YARDS.

   In rear and side yards of a U-4-A District adjoining any district other than a U-4 or U-4-A District, the City Planning Commission shall require the installation of a six-foot high vision-impairing masonry wall of face brick or split face brick in order to create a buffer area where such other district adjoins or abuts a rear or side yard of this district.
(Ord. 1985-29. Passed 10-14-85.)