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Middleburg Heights City Zoning Code

CHAPTER 1133

Senior Facility Zoning Districts

1133.01 ZONING DISTRICT PURPOSE AND REVIEW PROCEDURE.

   (a)   General Senior Facility Residential Purpose Statements.
      (1)   The Senior Facility (SF) Residential Senior Living zoning district and accompanying regulations are established in order to provide for a variety of multifamily dwelling living types and well planned development layouts.
      (2)   Provide a framework to promote in accordance with a well-considered plan, the most desirable and beneficial use of the land and structures and the stability and protection of the character of existing and future residential developments.
   (b)   Senior Facility (SF) Residential Senior Living Purpose Statement. The SF zoning district is intended to create areas in Middleburg Heights where comprehensively planned residential senior living developments can be appropriately accommodated. These developments are intended to provide elderly living and care requiring one or more levels of care and attention. The SF zoning district provides for a mix of medium to high density residential senior living land use types such as attached and detached single-family cluster housing, skilled nursing and assisted living facilities. These developments offering multiple dwelling types are strongly encouraged to create a campus like layout in both form and function.
   (c)   Review Procedure.
      (1)   Single ownership development. New projects in a SF zoning district proposed as a single ownership development proposed and constructed upon a single parcel shall follow the development plan regulations and review procedure set forth in Chapter 1147 . All applicable design and development standards set forth in this district chapter shall apply to those projects seeking a development plan review under Chapter 1147 . In the instance of applying Chapter 1133 standards to a project reviewed under the Chapter 1147 procedure, the Planning Commission shall possess all the decision making authority for standards found in Chapter 1133 .
      (2)   Subdivision development. New projects in a SF zoning district proposed to be subdivided or held in multiple ownership post construction shall comply with the regulations and procedures for subdivision platting design and review as set forth in Codified Code Chapter 1111. All applicable standards and regulations set forth in Chapter 1147 shall also apply and be reviewed during the subdivision review process.
Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1133.02 PERMITTED USES.

   (a)   Land uses permitted by right in the SF zoning district are provided for in the Land Use Matrix Chart found in Section 1129.07.
   (b)   Any land use not designated as a permitted use for the SF zoning district as provided for in the Land Use Matrix Chart shall not be permitted in those respective districts.
(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1133.03 CONDITIONAL USES.

   (a)   Conditionally permitted land uses in the SF zoning district are provided for in the Land Use Matrix Chart found in Section 1129.07.
   (b)   All conditional uses provided for in the Land Use Matrix Chart shall comply with the regulations and procedures set forth in the Conditional Use Chapter 1143.
(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1133.04 ACCESSORY USES.

   Accessory uses, buildings or other structures customarily incidental to any permitted or conditionally permitted use in the SF zoning district may be established, erected or constructed; provided, that such accessory use shall not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity, or any billboard, sign or poster other than authorized herein. Accessory uses shall comply with the building setback, height, lot coverage and any other applicable standards as provided set forth in Chapter 1141.
(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1133.05 SENIOR FACILITY DEVELOPMENT STANDARDS TABLE.

Development Standards
SF Senior Independent Facility
SF Single Family Cluster
SF Senior Care Facility
Development Standards
SF Senior Independent Facility
SF Single Family Cluster
SF Senior Care Facility
Maximum Density (units / acre)
17
6
N/A
Minimum Lot Area Per Dwelling Unit (sq. ft.)
2,500
N/A
N/A
Minimum Lot Width (feet)
300
300
300
Maximum Lot Coverage)
25%
35%
25%
Minimum Front Yard Setback (feet)
100 (a) (c)
35
75(a)
Minimum Side Yard Setback (feet)
25 (a)(b)
15 (b)
50(a)(b)
Minimum Rear Yard Setback (feet)
25 (a)(b)
15 (b)
50(a)(b)
Maximum Main Structure Height (feet)
60
35
60
Minimum Livable Area Per Dwelling Unit (sq. ft.)
See Section 1131.06(a)
See Section 1131.06(a)
See Section 1131.06(a)
NOTES:
(a)   Increased Yard Setbacks.
Front Yard. For any permitted use in the district exceeding forty feet in height, the required front yard depth shall be increased by one foot for every one foot of building height between forty feet and sixty feet.
Side and Rear Yards. For any permitted use in the SF district exceeding twenty-five feet in height, the required rear yard depth and side yard width shall be increased by one foot for every one foot of building height between twenty-five feet and the maximum height permitted for the respective zoning district.
(b)   Side Yard and Rear Yard Standards When Adjacent to Single-Family Land Uses.
All permitted SF district principal structures shall be setback a minimum of thirty-five feet from any adjacent single-family rear yard lot line or side yard lot line. The minimum distance separating attached or detached single-family cluster buildings shall be ten feet. No more than four single-family cluster dwelling units may be attached in any building group.
(c)   Reduced Front Yard Setback for Senior Independent Facility Buildings.
For a qualifying senior independent facility building in the SF district, the minimum front yard setback may be reduced to seventy-five feet if no off-street parking is located within any designated front yard area.
(d)   If a building falls under more than one increased setback requirement, the larger setback distance shall apply.
 
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1133.06 SUPPLEMENTAL DEVELOPMENT STANDARDS FOR THE SF ZONING DISTRICT.

   These supplemental development standards are applied to the SF zoning district and is in addition to those development standards set forth in Section 1133.05.
   (a)   Minimum livable area per dwelling unit for senior facility dwellings (SF) buildings and attached and detached single-family dwellings within this zoning district shall meet the following minimum livable area standards per dwelling unit:
      (1)   Senior facility zoning district minimum livable area per dwelling unit (sq. ft.):
         A.   Studio bedroom apartment unit = 500 sq. ft.
         B.   1 bedroom apartment unit = 650 sq. ft.
         C.   2 bedroom apartment unit = 800 sq. ft.
         D.   Single-family detached cluster dwelling = 1,100 sq. ft. per unit
      (2)   Senior care facility reduced apartment unit = Up to 30% of the units in any single building, satisfying the senior care facility definition, may be a minimum of 250 sq. ft. when adequate common area is provided in the same building.
   (b)   Front Yard Setback Measurement. Building setbacks are measured from the public street right-of-way or measured from the nearest edge of pavement for private drives.
   (c)   Building Height for Roof Mounted Mechanical Equipment. When mechanical equipment space is placed on a roof of a building, the maximum building height shall be exclusive of this mechanical equipment providing the mechanical equipment does not exceed eight feet in height and is set back a minimum of fifteen feet from any exterior wall and is adequately screened as provided for in Section 1133.08.
   (d)   Projections Into Yards. As used in this chapter, “projection” means that part or feature of a building which extends or projects outside of the enclosing walls. It is intended that certain features may project into the yards required in the SF zoning district, but such features shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots. Building features may project into a front, side, or rear yard of a dwelling measured from the established yard line, as follows:
      (1)   Architectural features extending not more than one foot into a required yard.
      (2)   Awnings and canopies extending not more than two feet into a required yard.
      (3)   Window air conditioners.
      (4)   Ground mounted or building mounted exterior air conditioner units may extend into the side yard or rear yard area provided that no portion of the unit or appurtenances thereto extend more than forty-eight inches from the exterior building wall.
      (5)   Chimneys projecting no more than one foot into a required yard.
      (6)   Eaves, gutters or downspouts projecting no more than sixteen inches into a required yard.
      (7)   Walls and fences subject to the regulations set forth in Section 1157.05.
   (e)   Senior Facility (SF) Residential Development Standards.
      (1)   Ancillary support facilities. All SF developments shall contain the following minimum ancillary facilities:
         A.   A multipurpose senior center.
         B.   Health and counseling office.
         C.   Lounge area.
         D.   Outdoor areas for passive and active recreation.
      (2)   Apartment buildings in the SF district shall not exceed three stories.
      (3)   All senior care facility land uses shall include adequate safety and convenience features as are normally included in senior focused developments. These elements include, but are not limited to, a central dining area where meals are provided to all residents.
      (4)   Each senior independent facility shall include a kitchen in each unit.
      (5)   Senior care facility requirements. Any senior care facility under shall comply with the following requirements:
         A.   Ohio Building Code.
         B.   NFPA 101, Life Safety Code.
         C.   Ohio Department of Health, Nursing and Rest Home Law and Rules.
         D.   U.S. Department of Health and Human Services, Guidelines for Construction and Equipment of Hospitals and Medical Facilities.
Ord. 2023-6. Passed 6-27-23.)

1133.07 SITE DESIGN GUIDELINES.

   (a)   Site Design Guidelines Purpose and Application. The purpose of these site design guidelines is to define the criteria for the design of senior facility residential dwelling lots and developments that will achieve long term quality in site layout contributing to stable community property values while providing a cohesive residential character and appeal. These site design guidelines shall apply to both individual property development and multiple lot development via a subdivision plat review or the development plan review process in the SF zoning district.
   (b)   Open Space Requirements.
      (1)   Active and passive open space requirements for single-family senior living cluster developments. All developments proposing single-family senior living housing development under the SF zoning district, shall provide open space equal to 2,500 square feet for each individual dwelling unit within the cluster development. At least twenty-five percent (25%) of the required open space area shall include active uses as approved by City Council.
   (c)   The SF zoning district shall comply with the applicable fence, wall and hedge standards set forth in Section 1157.05 of this Zoning Code.
   (d)   Garbage Container and Waste Processing Area Standards.
      (1)   In any SF zoning district or upon any lot used as a multi-unit building, no garbage, rubbish, waste matter, empty waste containers of any size or waste processing equipment shall be permitted outside of any building or structure unless a specific outside storage area is approved by the Planning Commission.
      (2)   If an outside garbage storage area is approved by the Planning Commission, such storage shall be in containers approved by the Director of Public Service, and the waste container area shall be fully screened from public view consistent with the applicable screening requirements set forth in Chapter 1151.
      (3)   Any building undergoing an exterior remodel project shall be subject to these garbage area standards set for in this section. For the purpose of this section, “exterior remodel” includes any substantial change to the aesthetic treatment or materials to a building including, but not limited to, new exterior paint, new or replacement exterior materials or other architectural elements and a building expansion project.
   (e)   Driveways and Walkways.
      (1)   All driveways and walkways shall be constructed of concrete, decorative stamped concrete or brick pavers. No top coatings shall be applied to any approved pavement material for a driveway or a walkway.
      (2)   No driveway shall be wider than twenty feet.
      (3)   Driveways accessing garages or parking areas on lots where the minimum front footage is seventy-five feet or more, shall be set back at least five feet from any adjacent lot line.
      (4)   No driveway or other hard-surfaced vehicular area shall cover more than thirty-five percent (35%) of the front yard area or thirty-five percent (35%) of the rear yard area.
      (5)   In all cases with front load garages, the front door and porch shall be connected to the driveway with a minimum three foot wide walkway.
   (f)   Paved Patios. Paved patios must be set back the same distance from the side lot line as the main structure or the required set back and twenty feet from the rear property line in the SF zoning districts and shall not cover more than thirty-five percent (35%) of a required rear yard.
   (g)   Landscaping and Lighting.
      (1)   The entire lot shall be landscaped with a combination of trees, shrubs and grass as set forth in Chapter 1151. All lot area landscaping must be fully completed within 120 days of the any dwelling unit being occupied.
      (2)   Ground mounted mechanical equipment is also subject to landscaping and screening requirements found in Chapter 1151.
      (3)   The lighting standards set forth in Section 1137.09(j) and Section 1147.07 shall be satisfied.
   (h)   Location of Utilities.
      (1)   Public utility uses and distributing equipment for a public utility, if deemed essential, shall be permitted in any zoning district. However, if such public utility uses are proposed to be located across or on unplatted lands, such uses shall be subject to the issuance of conditional use permits in accordance with Chapter 1143.
      (2)   Regulations governing lot size shall not apply to any lot designed or intended for a public utility and public service use when the area involved is deemed appropriate for such use by City Council.
   (i)   Removal of Soil Protection of Drainage Courses.
      (1)   No soil, sand or gravel shall be stripped or removed in a SF district, except excess soil, sand or gravel resulting from excavations or grading operations in connection with the construction or alteration of a building for which a permit has been issued.
      (2)   No building or structure shall be erected within any area described by the City Engineer as a drainage course. For the purpose of this Zoning Code, a drainage course includes a drainageway, channel, stream or creek area designated as such on geodetic or City topographic maps, and further includes any area designed or intended for use in drainage purposes as shown on a recorded subdivision.
      (3)   No filling or excavation of land shall be permitted within a drainage course, or on any land within 100 feet, or more than 100 feet when so designated on the Zoning Map, of the centerline of such drainage course, except upon issuance of a certificate by the City Engineer that such filling will not obstruct the flow of water or otherwise reduce the water-carrying capacity or impair the design and character of such drainage course.
   (j)   Repair or Replacement of Permitted Yard Features. Any fence, including any fencing along any single lot line, any qualifying wall under this chapter and other permitted yard structure or landscape feature that is in need of repair or replacement, or which is repaired or replaced, to an extent of fifty percent (50%) or more shall conform to the provisions of this section.
   (k)   Parking Standards.
      (1)   All applicable off-street parking requirements for the SF zoning district shall be in accordance with Chapter 1149.
      (2)   Whenever possible, parking lots should be located behind residential structures, rather than along the primary frontage, to minimize visual impact to the street. Parking areas must be recessed behind the front wall of the building.
      (3)   Where individual garages are incorporated into projects, common driveways, private streets or alley-loaded access is encouraged. The design of these structures should relate to the primary building.
      (4)   Within the site, access drives should provide sufficient length to permit vehicle stacking during hours of peak use, without impacting circulation within the parking lot or on the fronting public street.
      (5)   Flat roofed carports are prohibited.
Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1133.08 ARCHITECTURAL DESIGN GUIDELINES.

   (a)   Architectural Design Guidelines Purpose and Application. The purpose of these architectural design standards is to define the criteria that will guide applicants as they design new senior facility dwellings that will achieve long term community quality. The ultimate result will be to preserve property values while maintaining a cohesive residential character and appeal.
      (1)   These architectural design guidelines shall apply to all structures within the SF zoning district that contain three or more attached dwelling units and may include both individual property development and multiple lot developments.
      (2)   Attached and detached single-family cluster dwelling structures and attached two-family dwelling structures proposed under an SF zoning district shall follow the architectural design guidelines set forth in Section 1131.11
   (b)   Exterior Building Materials.
      (1)   A minimum of seventy-five percent (75%) of the front building facade and fifty percent (50%) of all other building facades shall be constructed of brick or stone (natural or cultured) with the remaining building faced area consisting of wood, fiber cement siding or stucco.
         A.   For the purpose of determining the minimum percentage of exterior material requirements, all glass located on any building wall facade shall be removed from the calculation to determine the required amount of brick or stone. For example, if a building's front wall face features glass equal to 1,000 square feet out of a total wall face area of 10,000 square feet, 75% of the remaining 9,000 square feet of wall area shall utilize brick or stone materials.
         B.   Applicant must show the specific percentages of each exterior material proposed on the submitted plans. The applicant shall also provide the CAD, or similar format, file for the building to allow the City to verify the exterior material percentage break down.
      (2)   Aluminum and vinyl siding are prohibited.
      (3)   A stucco finish of varying textures is permitted as a supplementary exterior material only.
      (4)   Siding shall have a maximum six inch lap and be trimmed in a traditional manner.
      (5)   Minimum trim board dimensions are as follows: corner trim - eight inches; door trim - six inches; window trim - four inches; frieze board - six inches (unless otherwise noted for lap siding and trim).
      (6)   Blank building elevations are prohibited.
      (7)   All building elevations shall be treated with architectural detailing to enhance the character.
      (8)   Continuing masonry veneers around corners is required.
      (9)   Building material samples required. Samples (color / texture selections) for all exterior materials including but not limited to the following shall be submitted to the City Architect as part of the preliminary plan documents.
         A.   Roof materials.
         B.   Siding material color and material type.
         C.   Stucco (color and finish) stone, face brick.
         D.   Window material and color.
         E.   Trim color.
         F.   Entry door design(s) and color.
         G.   Fences and other detached elements to include color and material type.
         H.   Paving color and material.
      (10)   Additional design and material information. Additional architectural design and material requirements may be imposed by the City Architect and Building Commissioner as reasonably necessary to achieve the zoning district purpose and goals.
   (c)   Building Massing. Front facades shall incorporate variation in mass through one or more of the following methods for every thirty feet of facade frontage:
      (1)   Wall offsets in the form of projections and/or recesses in the facade plane. Wall offsets shall have a minimum depth of two feet.
      (2)   Bay windows.
      (3)   Facade color changes.
      (4)   Use of pilasters, columns, or other detailing to articulate the facades.
      (5)   Roofline changes when coupled with correspondingly aligned facade material changes.
   (d)   Roof Design Guidelines.
      (1)   All new principal structures permitted in the SF zoning district containing up to three occupied or unoccupied stories shall be constructed using a minimum 8/12 pitched roof design.
      (2)   The roof area located over any porch and entrance portions of the principal structure shall be constructed using a minimum 5/12 pitch design.
      (3)   All new principal structures permitted in this district containing four or more occupied or unoccupied stories may be constructed using a flat roof design for both the primary structure and any accessory structures subject to the parapet and cornice requirements set forth below.
         A.   Flat roofs shall be hidden from public view by a parapet and decorated by a cornice.
         B.   The highest point of a parapet shall not at any point exceed fifteen percent (15%) of the height of the supporting wall.
         C.   Cornices may be simple or mixed (straight and curved moldings), but should not exceed twenty-four inches in depth. Cornices shall have a minimum of twelve inches in height, and a minimum of three vertical (not diagonal) changes in plane, and a variety of thicknesses in relief ranging from the greatest at the top to the least at the bottom.
      (4)   Minimum overhang length of twelve inches shall be provided over all faces of the exterior walls of a principal structure.
      (5)   Use individual roof pitches to break up the form.
   (e)   Roof Penetrations and Mechanical Equipment.
      (1)   To the degree practicable, all roof vents, pipes, antennas, satellite dishes, and other roof penetrations and equipment (except chimneys) shall be located on the rear elevations or configured to have a minimal visual impact as seen from the street.
      (2)   Wall mounted mechanical, electrical, communication equipment, downspouts, gutters, service doors, and other building-mounted utility fixtures, shall be painted and maintained to match the building or be screened from view.
      (3)   Mechanical equipment such as transformers and HVAC units shall not be located in front yards.
      (4)   All mechanical equipment, including both ground-mounted and roof-mounted equipment, shall be screened from view from adjacent public and private rights-of- way, as well as from all property zoned or used for residential purposes.
      (5)   Screening elements shall include walls (same material and color as principal structure), landscaping, mounds, parapets or enclosures constructed of the same materials used on the majority of the principal structure or any combination or as otherwise approved or required preliminary plan review.
      (6)   The screening of mechanical equipment will be reviewed on a case-by-case basis based upon the following determinations:
         A.   Site location relative to adjacent properties and public rights-of-way.
         B.   Topography of the subject site relative to adjacent properties and public rights-of-way.
         C.   Whether the subject screening creates visual inconsistencies with surrounding areas.
         D.   Whether the screening substantially meets the overall intent of these SF architectural guidelines.
   (f)   Architectural Design Standards for Building Expansions and Alterations. Where a principal building or accessory building is proposed to be expanded or altered in the SF zoning district, the expansion or alteration shall meet the following standards for materials:
      (1)   The expansion or alteration shall be constructed of materials and proportions similar to the facade that is being extended or altered (i.e., if the side facade of a dwelling is constructed of brick and will be extended or altered, the expanded or altered area shall also be constructed of brick).
      (2)   In all cases, an expansion or alteration may be constructed of materials on the list of approved exterior building materials set forth in Section 1133.08(b).
      (3)   Where an existing building is constructed with brick, stone, cultured stone, cement siding, wood, stucco or synthetic stucco material, such materials shall not be removed and replaced with vinyl or aluminum siding. The siding may only be replaced with the same material or materials on the list of approved exterior building materials set forth in Section 1133.08(b).
      (4)   A majority of glass and similar materials (excluding glass block siding) may be used in building expansions to the rear or side of an existing building.
(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1133.09 RESIDENTIAL DESIGN REVIEW BOARD.

   (a)   Design Waiver. The site design and architectural design guidelines set forth in Sections 1133.07 and 1133.08 shall be eligible for consideration of a design waiver through the Residential Design Review Board following the same application procedure and standards of review found in Section 1131.12.
(Ord. 2023-6. Passed 6-27-23.)