The three zoning districts established in this chapter are intended to provide a range of commercial, office and planned mixed use districts to provide basic goods, services, employment opportunities and integrated multifamily residential land uses. These regulations are also intended to protect adjacent residential neighborhoods by regulating the types and spacing of land uses, particularly at the common boundaries, which could create safety hazards, noise, odors, inefficient traffic patterns, or other objectionable influences or outcomes.

      (1)   To ensure compatible relationships between land use activities.

      (2)   To insure the compatible orientation of one building to another in regard to building bulk, architecture and open space.

      (3)   To provide for visually pleasing and functional treatment of open areas.

      (4)   To provide for an efficient and safe circulation system for pedestrians, bicycles and vehicles.

      (5)   To provide adequate and flexible parking space for immediate and future needs.

      (6)   To ensure that signs are adequate, but properly controlled to prevent them from detracting from the appearance of the development.

         A.   The planned mixed use district provides flexibility of design in the placement and use of buildings and open spaces, circulation facilities and off-street parking areas, and to more efficiently utilize potentials of site characterized by special features of geography, topography, size or shape.

         B.   The planned mixed use district is intended to provide flexibility in the application of certain design and development standards and requirements of this Zoning Code in order to achieve the overall goals and purpose of the district.

         C.   Because of the special characteristics of the planned mixed use district, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and other chapters of this Zoning Code, the requirements of this chapter shall control.

         E.   The applicant may request a concurrent preliminary plat and final plat subdivision review and consideration during the PMU review process as set forth in Section 1137.08 of this Zoning Code.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   The purpose of these architectural design guidelines is to establish building design criteria for the following zoning districts: P-I, GB, O and PMU. The criteria are intended to provide standards for the design and construction of the buildings and structures proposed for a site.

      (2)   The primary objectives of these architectural design guidelines are:

         A.   To enhance the City by ensuring well-designed and constructed buildings and other structures.

         B.   To create a pleasant built environment through sound land use planning and design principles.

         C.   To ensure a harmonious relationship and design continuity between uses through architecture, signage, and landscaping.

         A.   All new site development and site expansion projects requiring a development plan review in the P-I, GB, O and PMU. Planning Commission shall have the authority to review and decide upon compliance of these architectural design guidelines when the proposed building improvements are part of a development plan review.

         B.   All existing buildings located in a P-I, GM, O and PMU zoning districts seeking to make any structural improvements, facade improvements or changes to any glass features. The City Architect shall have the authority to review and decide upon compliance of the architectural guidelines provided for in Section 1137.10(b), (c) and (d).

         A.   Window mullions should be designed to carry through a pattern and reflect a specific style.

         B.   Window and wall penetration spacing should be in keeping with the established style.

         C.   Clear, tinted and low-E glass shall be preferred for windows. Reflective glass or blue tinted glass is prohibited.

         D.   Skylights, if utilized, should be designed as an integral part of the roof and with a location and form compatible with the building.

         A.   Architectural detailing and moldings consistent with the established architectural style should be incorporated into the design at parapets, eaves and soffits. Moldings and details should complement the overall color scheme.

         B.   Cap and cornice elements should be detailed with integral drips, etc. to eliminate water staining of building surfaces.

         C.   Quality materials for base treatments shall be utilized to enhance the building both visually in tying the building to the ground plane and functionally by reducing damage due to impact and weathering.

         D.   Exposed pipe columns or applied veneers on columns should be avoided.

         E.   All flashing, sheet metal, vent stacks should be finished to match adjacent building surfaces.

         A.   Well designed sloped roofs with a minimum 5/12 pitch are preferred.

         B.   Roof ladders, and related elements shall be located internal to the building. Where required to be exposed, these various elements shall be designed and painted in order to blend with the building’s architecture and compliment the color scheme of the building’s trim and detail.

      (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 of a building or configured to have minimal visual impact as seen from any public right-of-way or other public area.

      (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 non-residential and institutional architectural guidelines.

         E.   Ground mounted mechanical equipment is also subject to landscaping and screening requirements found in Chapter 1151.

         A.   Buildings and other structures shall use the following exterior materials for a minimum of sixty percent (60%) of each building facade: Brick, stone and cultured stone. The remaining forty percent (40%) of each building facade may utilize the following materials: traditionally applied stucco, metal and cement siding products.

            1.   For the purpose of determining the sixty percent (60%) exterior material requirements, all glass located on any building wall facade shall be removed from the calculation to determine the sixty percent (60%) required primary materials. For example, if a building wall face features glass equal to 1,000 square feet out of a total wall face area of 10,000 square feet, sixty percent (60%) of the remaining 9,000 square feet of wall area shall utilize those permitted primary exterior materials.

            2.   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.

         B.   Natural wood clapboard, wood shingles, and wood board and batten may be used as a building trim detail.

         C.   The following exterior building materials are prohibited: vinyl or aluminum siding, plywood, corrugated and metal panels.

         D.   Brick used in building additions must be similar in color, size and texture of brick and mortar joint detail to the surrounding structures. Brick on any existing or proposed building shall not be painted unless the building has been previously painted prior to the effective date of this design standard.

         E.   Slate, copper, wood or standing seam metal roofs are preferred; however, asphalt or fiberglass shingles may be used as well. Flat or shallow pitched roofs are permitted only when ornamented with shaped parapets or cornice treatments. Gambrel roofs are prohibited within these commercial districts.

         F.   Exterior building materials having natural durable, low maintenance surfaces such as natural and cultured stone, brick, tile, pre-cast concrete, curtainwall, glass and metal should be used. Materials with non-integral finishes are discouraged.

         A.   Exterior building colors should be used as a unifying theme compatible with the architectural style, natural site setting and surrounding buildings.

         B.   Exterior brick products used in new building construction shall be in the red, brown and buff color ranges or other color as approved by the City Architect.

      (1)   Any light garland, lighted rope, or string lights shall not be used to outline or otherwise be displayed on the inside or outside of any window.

      (2)   Holiday lighting exempted. The temporary display of light garland, lighted rope or string lights placed on the inside or outside of a window, erected on a seasonal basis in celebration of religious, national, or state holidays, which are not intended to be permanent in nature and which contain no commercial advertising material shall be permitted. Such seasonal holiday lighting shall only be permitted for a period of not more than sixty consecutive days nor more than ninety days in any one calendar year.

(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2024-88. Passed 2-25-25.)

      (1)   Outdoor sales, storage or display shall be defined as the display or sales beyond the confines of any principal or accessory structure on a lot. Outside sales and display shall be prohibited unless expressly allowed within this Zoning Code.

      (2)   Sales and merchandise display located within any public right-of-way shall be prohibited.

      (1)   Vehicle inventory may be displayed outdoors in open yards by a business that offers for retail sale one or more of the following items: automobiles, motorcycles, trucks, trailers, mobile homes, recreational vehicles, campers, camper tops, truck toppers, boats or other wheeled conveyances. All vehicle display area shall be conducted upon the same lot for which the principal business building is located.

      (2)   Rental equipment that may be offered for rent or sale is not vehicle inventory.

      (3)   Vehicle inventory that bears obvious signs that the vehicle is not presently capable of being legally operated or conveyed on a public road is not vehicle inventory, including, but not limited to vehicles lacking wheels or inflated tires, operable drive train components, broken windows or lights, required current vehicle registration, missing body parts, such as fenders, doors, hood lids, trunk lids, bumpers, lights or trim.

      (4)   All vehicles and advertising shall be located behind a concrete curb at least thirty-five feet from the front lot line.

      (5)   The front yard of the lot shall be adequately landscaped and maintained.

      (6)   All vehicles displayed for sale outside of an enclosed building, in front of the building line (and in the case of a corner lot, in front of the side building line adjacent to the side street) shall only be displayed on a pad constructed of asphalt, concrete or terrazzo.

      (7)   Garden equipment and supplies, garden furniture, nursery stock and monuments may be sold on an open lot, provided that the operation is in connection with an established related retail service use conducted within a building on the same lot not more than 150 feet from any outdoor display area.

      (8)   Outdoor vehicle sales in open yards shall comply with all applicable setback requirements.

      (1)   The sales event shall occur not more than twice each calendar year.

      (2)   The duration of each special sales event shall not exceed three days.

      (3)   The location of any proposed special sales event activity will not obstruct pedestrian circulation in and around the special sales event area and will not create a safety hazard in terms of vehicular movement in the vicinity.

      (4)   A special sales event permit must be issued by the Building Commissioner prior to a special sales event taking place.

(Ord. 2022-24. Passed 5-24-22.)

   (a)   Land uses permitted by right in the GB, O and PMU zoning districts 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 GB, O and PMU zoning districts as set forth in the Land Use Matrix Chart shall not be permitted in those respective districts.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   The purpose of these architectural design guidelines is to establish building design criteria for the following zoning districts: P-I, GB, O and PMU. The criteria are intended to provide standards for the design and construction of the buildings and structures proposed for a site.

      (2)   The primary objectives of these architectural design guidelines are:

         A.   To enhance the City by ensuring well-designed and constructed buildings and other structures.

         B.   To create a pleasant built environment through sound land use planning and design principles.

         C.   To ensure a harmonious relationship and design continuity between uses through architecture, signage, and landscaping.

         A.   All new site development and site expansion projects requiring a development plan review in the P-I, GB, O and PMU. Planning Commission shall have the authority to review and decide upon compliance of these architectural design guidelines when the proposed building improvements are part of a development plan review.

         B.   All existing buildings located in a P-I, GM, O and PMU zoning districts seeking to make any structural improvements, facade improvements or changes to any glass features. The City Architect shall have the authority to review and decide upon compliance of the architectural guidelines provided for in Section 1137.10(b), (c) and (d).

         A.   Window mullions should be designed to carry through a pattern and reflect a specific style.

         B.   Window and wall penetration spacing should be in keeping with the established style.

         C.   Clear, tinted and low-E glass shall be preferred for windows. Reflective glass or blue tinted glass is prohibited.

         D.   Skylights, if utilized, should be designed as an integral part of the roof and with a location and form compatible with the building.

         A.   Architectural detailing and moldings consistent with the established architectural style should be incorporated into the design at parapets, eaves and soffits. Moldings and details should complement the overall color scheme.

         B.   Cap and cornice elements should be detailed with integral drips, etc. to eliminate water staining of building surfaces.

         C.   Quality materials for base treatments shall be utilized to enhance the building both visually in tying the building to the ground plane and functionally by reducing damage due to impact and weathering.

         D.   Exposed pipe columns or applied veneers on columns should be avoided.

         E.   All flashing, sheet metal, vent stacks should be finished to match adjacent building surfaces.

         A.   Well designed sloped roofs with a minimum 5/12 pitch are preferred.

         B.   Roof ladders, and related elements shall be located internal to the building. Where required to be exposed, these various elements shall be designed and painted in order to blend with the building’s architecture and compliment the color scheme of the building’s trim and detail.

      (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 of a building or configured to have minimal visual impact as seen from any public right-of-way or other public area.

      (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 non-residential and institutional architectural guidelines.

         E.   Ground mounted mechanical equipment is also subject to landscaping and screening requirements found in Chapter 1151.

         A.   Buildings and other structures shall use the following exterior materials for a minimum of sixty percent (60%) of each building facade: Brick, stone and cultured stone. The remaining forty percent (40%) of each building facade may utilize the following materials: traditionally applied stucco, metal and cement siding products.

            1.   For the purpose of determining the sixty percent (60%) exterior material requirements, all glass located on any building wall facade shall be removed from the calculation to determine the sixty percent (60%) required primary materials. For example, if a building wall face features glass equal to 1,000 square feet out of a total wall face area of 10,000 square feet, sixty percent (60%) of the remaining 9,000 square feet of wall area shall utilize those permitted primary exterior materials.

            2.   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.

         B.   Natural wood clapboard, wood shingles, and wood board and batten may be used as a building trim detail.

         C.   The following exterior building materials are prohibited: vinyl or aluminum siding, plywood, corrugated and metal panels.

         D.   Brick used in building additions must be similar in color, size and texture of brick and mortar joint detail to the surrounding structures. Brick on any existing or proposed building shall not be painted unless the building has been previously painted prior to the effective date of this design standard.

         E.   Slate, copper, wood or standing seam metal roofs are preferred; however, asphalt or fiberglass shingles may be used as well. Flat or shallow pitched roofs are permitted only when ornamented with shaped parapets or cornice treatments. Gambrel roofs are prohibited within these commercial districts.

         F.   Exterior building materials having natural durable, low maintenance surfaces such as natural and cultured stone, brick, tile, pre-cast concrete, curtainwall, glass and metal should be used. Materials with non-integral finishes are discouraged.

         A.   Exterior building colors should be used as a unifying theme compatible with the architectural style, natural site setting and surrounding buildings.

         B.   Exterior brick products used in new building construction shall be in the red, brown and buff color ranges or other color as approved by the City Architect.

      (1)   Any light garland, lighted rope, or string lights shall not be used to outline or otherwise be displayed on the inside or outside of any window.

      (2)   Holiday lighting exempted. The temporary display of light garland, lighted rope or string lights placed on the inside or outside of a window, erected on a seasonal basis in celebration of religious, national, or state holidays, which are not intended to be permanent in nature and which contain no commercial advertising material shall be permitted. Such seasonal holiday lighting shall only be permitted for a period of not more than sixty consecutive days nor more than ninety days in any one calendar year.

(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2024-88. Passed 2-25-25.)

   (a)   Conditionally permitted land uses in the GB, O and PMU zoning districts 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.)

   (a)   Accessory uses, buildings or other structures customarily incidental to any permitted or conditionally permitted use in the respective GB, O and PMU zoning district may be established, erected or constructed.

   (b)   Accessory uses shall comply with the building setback, height, lot coverage and any other applicable standards as provided set forth in Chapter 1141.

   (c)   Accessory use structure placement and setbacks shall also comply with the bufferyard requirements set forth in Section 1151.04.

(Ord. 2022-24. Passed 5-24-22.)

(Ord. 2022-24. Passed 5-24-22.)

 

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

   (a)   Every permitted use of land and structures in the O, GB and PMU zoning district shall be located on a lot in such a manner as to create and preserve a front yard adjacent to each street on which such lot abuts, a side yard or yards and (except in the case of corner or through lots) a rear yard, conforming to the requirements of this chapter (the “required yards”).

      (1)   Driveways and parking areas shall be located not less than ten feet from an adjacent property boundary line of any residential zoning district or residential land use.

      (2)   Permitted accessory uses shall be located no closer than twenty feet from an adjacent property boundary line of any residential zoning district or residential land use. Planning Commission may require additional screening and buffering features for accessory uses determined to have the potential to adversely impact adjacent residential zoning districts and land uses.

      (1)   Architectural features extending not more than one foot into a required yard.

      (2)   Awnings and canopies.

      (3)   Eaves, gutters and downspouts projecting no more than sixteen inches into a required yard.

      (4)   Walls and fences subject to the regulations set forth in Section 1157.05.

      (5)   Steps - excluding fire escapes.

      (6)   Pedestrian sidewalks.

      (7)   Vehicular access, circulation and service driveways, and off-street parking areas (but not including any above- ground structure except a pavement, curbing and illumination).

      (8)   Signs, subject to the applicable regulations set forth in Chapter 1153.

         A.   Set back a minimum of fifteen feet from any exterior wall.

         B.   Not more than eight feet in height.

         C.   All applicable mechanical equipment standards set forth in Section 1137.10 shall apply.

(Ord. 2022-24. Passed 5-24-22.)

         A.   Agriculture.

         B.   Alternative financial services.

         C.   Vehicle sales.

         D.   Boarding houses.

         E.   Car or truck wash facility as a principal use on a lot.

         F.   Dealers or businesses with outdoor display of automotive, recreational vehicle, motorcycle, boat, construction equipment, farm equipment, manufactured homes, and other similar equipment for sale, rent or lease.

         G.   Gas station / convenience store as a principal use on a lot.

         H.   Outdoor sales area over sixty square feet.

         I.   Outdoor storage.

         J.   Sexually oriented businesses.

         K.   Storage as a primary use including mini-storage and self-storage.

         L.   Towing services, salvage yards and impound lots.

         M.   Any use or development that creates a danger to public health or safety and/or a nuisance, including but not limited to environmental pollution, traffic, noise, vibration, odor, dust, or glare, based upon a land use interpretation by the Building Commissioner in order to adequately determine whether such use is compatible with the zoning district.

         N.   Any other land use not expressly listed under the PMU district designation in the Land Use Matrix Chart found in Section 1129.07.

         A.   Multifamily land uses may only be permitted when submitted as part of a PMU Development Plan application which also includes non-residential land uses which create a net positive tax revenue stream to the City.

         B.   The density allowed for multifamily land uses within a PMU zoning district shall not exceed twelve units per acre without a PMU waiver approved by City Council.

         C.   The amount of land area dedicated to multifamily residential land uses within a PMU development shall be considered on a case-by-case basis by City Council after considering the intent and goals of the PMU zoning district as set forth in this Zoning Code and the Middleburg Heights Master Plan and other applicable planning studies. The targeted maximum amount of multi-family land area in any single PMU development application is sixty percent (60%). The goal is to ensure that any PMU development application contains a mixture of uses that will create a net positive tax revenues derived from the site.

         A.   An area map showing adjacent property owners and existing uses within 200 feet of the project property line boundaries.

         B.   A legal description of the metes and bounds of the parcel.

         C.   A concept plan approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following:

            1.   The existing topographical features of the site.

            2.   The location of the various metes and bounds of the parcel.

            3.   The general outlines of the interior roadway system, the proposed access points for the project and all existing rights-of-way and easements, whether public or private.

            4.   Delineation of the various land use areas indicating the general size and composition of each area in terms of total number of non-residential structures and residential dwelling units and unit size and bedroom count.

            5.   A calculation of the residential density in dwelling units per gross area including interior roadways;

            6.   The interior active and passive open space areas including the on-site pedestrian connectivity network plan.

         D.   Indicate where portions of the site are subject to flooding, if applicable. The concept plan shall include a sheet indicating the extent and frequency of flooding by delineating the limits of any flood plain areas or flood way areas as determined by the most current FEMA Flood Insurance Maps;

         E.   Principal ties to the community at large with respect to transportation, off-site pedestrian connectivity, water supply, sewage disposal and other utility systems.

         F.   Evidence of how the developer’s proposed land uses and overall project proposal meet existing and projected community requirements set forth in the Middleburg Heights Comprehensive Master Plan and any other applicable City planning document.

         G.   General statement as to how common active and passive open space shall be utilized, owned and maintained;

         H.   If the development is to be staged (in development phases), a general indication of how the construction phasing shall proceed. Whether or not the development is proposed to be phased, the concept plan shall show the intended total project.

         I.   The concept plan contents shall indicate the project design team members including but not limited to the project civil engineer, traffic engineer, landscape architect, and surveyor.

         J.   The applicant may request that a concurrent preliminary plat and final plat review be conducted as a part of this PMU review procedure. The applicant shall formally request a concurrent subdivision plat review in writing and such request shall be included with the Stage I submittal materials.

         A.   The Building Commissioner shall verify if the applicant has submitted a completed concept plan submission along with the application form and fee paid in full. The applicant must meet all the submission requirements before formally meeting with the City under this Stage 1 review. The applicant may meet with the City to discuss the project prior to formally submitting a PMU application.

         B.   Upon submitting a completed application and concept plan, the applicant shall meet with the designated City Staff to discuss the plan details. The meeting may also include one, or more, representatives of the Planning Commission and City Council.

         C.   No approval or denial is provided during this concept plan review stage. However, the applicant may not proceed to the Stage 2 Preliminary PMU Development Plan before meeting all the submission requirements and meeting with the City as set forth under this section.

            1.   All applicable items as set forth in Section 1147.02(c) of this Zoning Code.

            2.   City Staff shall prepare a first draft of the PMU development agreement and submit the document to the Planning Commission to be reviewed and considered during the required public hearing.

            3.   In the event the preliminary PMU development plan includes the subdivision of land, any plan sheet, map, plat or other data required for compliance with the provisions of the Middleburg Heights Subdivision Regulations shall be submitted and incorporated into this preliminary plan.

            1.   Within sixty days of the receipt of a completed application for preliminary PMU development plan approval, the Planning Commission shall act on it by holding a public hearing pursuant to the procedure set forth in Section 1123.03(f).

            2.   After a public hearing has been held, the Planning Commission shall issue a formal recommendation to the City Council regarding the preliminary PMU development plan.

            3.   The Planning Commission shall issue one of the following recommendations to City Council: recommend approval, recommend approval with conditions and/or edits or recommend denial.

            1.   Within sixty days of the issuance of the Planning Commission recommendation, the City Council shall act on the preliminary PMU development plan application by holding a public hearing pursuant to the procedure set forth in Section 1123.03(g).

            2.   Following the public hearing, City Council shall either approve, disapprove or modify the preliminary PMU development plan in conformity with regulations, standards, criteria and purpose prescribed by this Zoning Code.

            3.   The draft PMU development agreement shall also be made a part of the review and consideration of the Stage 2 plan submission items. The PMU development agreement must be fully executed by both the City and the applicant prior to the applicant making submission of the Stage 3 final PMU development plan.

            4.   City Council may affirm the recommendation of the Planning Commission or disapprove a favorable recommendation of the Planning Commission by a majority vote of Council members in attendance at the time of voting.

         A.   Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.

         B.   Adequacy and arrangement of pedestrian traffic access and circulation including: separation of pedestrian from vehicular traffic and pedestrian convenience.

         C.   Location, arrangement, appearance and sufficiency of off-street parking and loading.

         D.   Location, arrangement, size and placement of the lot layout, buildings and lighting.

         E.   Arrangement of landscape features.

         F.   Adequacy of storm water and sanitary waste disposal facilities.

         G.   Adequacy of structures, roadways in areas with moderate to high susceptibility to flooding and ponding and/or erosion.

         H.   The Planning Commission and City Council may also require such additional information be provided and attach conditions that appear necessary for the public health, safety and general welfare.

         I.   Conformance the site design guidelines and architectural design guidelines set forth in this chapter and creating an overall development which has higher aesthetic and functional standards compared to non-PMU projects.

         A.   The applicant may submit a Stage 3 final PMU development plan of the project area to be developed in either a single phase or in multiple phases over time. The applicant shall submit twelve copies of the completed final PMU development plan, along with all required documentation and data, to the Planning Commission. The final PMU development plan submission shall include, at a minimum, the following items:

            1.   All applicable items as set forth in Section 1147.03(b) of this Zoning Code.

            2.   In the event the final PMU development plan includes the subdivision of land, any plan sheet, map, plat or other data required for compliance with the provisions of the Middleburg Heights Subdivision Regulations shall be submitted and incorporated into this final plan.

         B.   The final detailed development plan shall conform to the approved preliminary PMU development plan. The final plan shall incorporate any revisions or conditions placed on it by City Council during the Stage 2 review.

         A.   Within sixty days of receipt of the application for final PMU development plan approval, the Planning Commission shall consider the final plan at a regular Planning Commission meeting without the requirement of holding a public hearing.

         B.   The Planning Commission shall consider the final plan and may approve the plan if the following criteria are satisfied:

            1.   The final plan of development area is in accordance with and represents a detailed extension of the approved Stage 2 preliminary PMU development plan, heretofore approved by Council.

            2.   The final plan of development area complies with all of the conditions and adjustments which may have been imposed in the approval of the concept plan and preliminary plan.

            3.   The final plan of development area is in accordance with the applicable design criteria and provisions of this Zoning Code.

            4.   All agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed and recorded, as required.

            5.   Any development pursuant to a previously approved final PMU development plan is in accordance with that plan and the approved concept plan.

            6.   If the subdivision of land was included as part of the approved plan, the provisions of the Middleburg Heights Subdivision Regulations have been fully satisfied.

            7.   All application and other required fee payments have been made.

            8.   The design, density and land uses are consistent with the Middleburg Heights Master Plan and any other land use plans adopted by the Planning Commission or City Council.

      (1)   The approval of a final PMU development plan shall be for a period not to exceed two years to allow for preparation and recording of required plats and the development of the project.

      (2)   If construction of at least twenty-five percent (25%) of the total cost of the project or at least twenty-five percent (25%) of the construction cost for the first phase of a project has not been completed within two years after final development plan approval is granted by the Planning Commission, the approved final development plan shall be void, and the land shall revert to the district regulations in which it is located.

      (3)   An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest and satisfies the intent of the original approval.

      (1)   The Building Commissioner shall provide the Planning Commission with a draft of the development agreement with the preliminary PMU development plan submission. The development agreement shall provide for various development related provisions, including, but not limited to:

         A.   Administrative waivers as mutually negotiated between the City and the applicant.

         B.   Operational details of the proposed land uses for the site.

         C.   Site inspection details and procedure.

         D.   Project construction phasing details.

         E.   Off-site infrastructure improvements required to be installed by the applicant.

         A.   The PMU development agreement shall ultimately be approved or denied as part of the preliminary development plan review with City Council.

         B.   Full execution of the agreement by the applicant and the City shall be required as a condition of approval for the preliminary development plan by City Council.

         C.   The applicant shall be responsible for recording the PMU development agreement document, along with any attachments, at applicant’s expense with the Cuyahoga County Recorder’s office prior to making the Stage 3 final PMU development plan submission to the Planning Commission.

         A.   Planned Mixed Use District waivers are modest changes to design and development standards that are vital to the proposed development and determined to meet the goals and intent of the Planned Mixed Use District and achieve substantial, though not complete, compliance with the standards set forth in this chapter. Waivers shall not compromise the project’s ability to meet the goals and intent of this district. Waivers shall be approved by City Council as part of the preliminary development plan review and consideration.

         B.   Each waiver shall be considered on a case by case basis, and a waiver shall not apply to a project other than the project for which it was sought. If a project is not completed for which a waiver was granted, the waiver(s) becomes null and void. Any costs incurred as a result of a granted waiver are the sole responsibility of the applicant.

         A.   The proposed development represents an innovative use of site design, site access, circulation, building design, orientation, landscaping or building materials which will enhance the area.

         B.   The proposed development will not be injurious to the public health, safety, or general welfare of the City.

         C.   The strict application of the general development requirements will result in a development which is undesirable when compared with the proposed development.

         D.   The proposed development is consistent with and compatible with other development located in the area.

         E.   The proposed development is consistent with the suggestions of the City Comprehensive Master Plan and any other applicable planning documents.

            1.   The combination of land uses that result in varying peak parking demands.

            2.   Availability of on-street parking adjacent to the site or within walking distance of the project site.

            3.   Proximity to available off-site parking within walking distance of the project site.

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

      (1)   The purpose of these site design guidelines is to establish development criteria for the following zoning districts: P-I, GB, O and PMU. The criteria are intended to provide standards for the development of the various portions of the site, including but not limited to sidewalks, parking, site furniture, lighting, signs, and landscape.

      (2)   The primary objectives of these site design guidelines are:

         A.   To promote site planning that creates visually attractive facilities appropriate to their surrounding neighborhood context.

         B.   To enhance the City by ensuring well-planned and constructed developments.

         C.   To create a pleasant built environment through sound land use planning and design principles.

         D.   To ensure a harmonious relationship and design continuity between uses through architecture, signage, and landscaping.

      (1)   Building location and orientation should provide visually attractive focal points that are appropriate to their surroundings.

      (2)   When a development site features multiple integrated buildings and other structures, a visual link between separate buildings and structures should be established, by various means, including stamped concrete walkways, arcade systems, trellises or other open structures.

      (3)   Buildings should be sited to minimize conflicts between pedestrians and vehicle traffic. Buildings can be linked to adjoining street sidewalks with textured paving, landscaping and trellises.

      (4)   Outdoor spaces between buildings should be recognized as outdoor “rooms” that have clear recognizable shapes, as opposed to being considered as “left over” areas. These spaces can be used to provide important pedestrian amenities such as benches, trellises, fountains, artwork, etc.

      (1)   Parking lot construction standards shall be in compliance with all applicable codes of the City.

      (2)   Handicapped parking shall be provided in accordance with applicable codes. All sidewalks shall include handicapped ramps at curbs designed in conformance with barrier free design code requirements (“ADA”).

      (1)   All loading and unloading operations shall be conducted in the rear or side of the building and shall be sufficiently screened from view from any public or private roadway and the adjoining properties as determined by the Planning Commission to be necessary to conceal the loading and unloading operations from public or private view.

      (2)   Adequate vehicular circulation should be provided so that loading and unloading activities do not conflict with normal onsite traffic flow.

      (3)   Loading docks or service areas should be adequately screened so as to minimize visibility from neighboring properties and all public rights-of-way.

      (1)   All utilities including drainage systems, sewer, gas and water lines, electrical, telephone, and communications should be installed and maintained underground.

      (2)   Electric transformers, utility pads, cable TV and telephone boxes should be located underground or screened with walls, fences or landscape vegetation in a manner harmonious with the overall character of the development and adjacent parcels.

      (1)   Fences, railings, and walls shall be constructed of decorative metal, brick, or stone. Vinyl plastic or wood-based fencing may be approved by the Building Commissioner on a case-by-case basis only.

      (2)   Chain link fencing shall be prohibited.

      (3)   Fences, railings, and walls should be designed to complement the adjacent principal building architecture through the use of similar exterior materials, colors, finishes, and architectural details.

      (4)   Fences and railings shall be a minimum of fifty percent (50%) open.

      (5)   Any other applicable wall or fence regulation as set forth in Section 1157.05.

      (2)   The lighting standards set forth in Section 1147.07 shall be satisfied.

         A.   Flood lighting of any parts of the site or of any building is prohibited.

         B.   Architectural lighting is encouraged that articulates the building design, facilitates building identification and promotes vehicular and pedestrian safety. Such lighting including wall washing (uplights or down lights), should be provided by a concealed light source not visible from a public right-of-way or other surrounding public areas.

      (1)   Garbage, trash and refuse should be stored in garbage containers located within a minimum six foot high enclosure.

      (2)   External enclosure surfaces should be designed to blend with the building architecture. Trash and refuse collection enclosures are regulated by Section 1151.08.

(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

      (1)   The purpose of these architectural design guidelines is to establish building design criteria for the following zoning districts: P-I, GB, O and PMU. The criteria are intended to provide standards for the design and construction of the buildings and structures proposed for a site.

      (2)   The primary objectives of these architectural design guidelines are:

         A.   To enhance the City by ensuring well-designed and constructed buildings and other structures.

         B.   To create a pleasant built environment through sound land use planning and design principles.

         C.   To ensure a harmonious relationship and design continuity between uses through architecture, signage, and landscaping.

         A.   All new site development and site expansion projects requiring a development plan review in the P-I, GB, O and PMU. Planning Commission shall have the authority to review and decide upon compliance of these architectural design guidelines when the proposed building improvements are part of a development plan review.

         B.   All existing buildings located in a P-I, GM, O and PMU zoning districts seeking to make any structural improvements, facade improvements or changes to any glass features. The City Architect shall have the authority to review and decide upon compliance of the architectural guidelines provided for in Section 1137.10(b), (c) and (d).

         A.   Window mullions should be designed to carry through a pattern and reflect a specific style.

         B.   Window and wall penetration spacing should be in keeping with the established style.

         C.   Clear, tinted and low-E glass shall be preferred for windows. Reflective glass or blue tinted glass is prohibited.

         D.   Skylights, if utilized, should be designed as an integral part of the roof and with a location and form compatible with the building.

         A.   Architectural detailing and moldings consistent with the established architectural style should be incorporated into the design at parapets, eaves and soffits. Moldings and details should complement the overall color scheme.

         B.   Cap and cornice elements should be detailed with integral drips, etc. to eliminate water staining of building surfaces.

         C.   Quality materials for base treatments shall be utilized to enhance the building both visually in tying the building to the ground plane and functionally by reducing damage due to impact and weathering.

         D.   Exposed pipe columns or applied veneers on columns should be avoided.

         E.   All flashing, sheet metal, vent stacks should be finished to match adjacent building surfaces.

         A.   Well designed sloped roofs with a minimum 5/12 pitch are preferred.

         B.   Roof ladders, and related elements shall be located internal to the building. Where required to be exposed, these various elements shall be designed and painted in order to blend with the building’s architecture and compliment the color scheme of the building’s trim and detail.

      (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 of a building or configured to have minimal visual impact as seen from any public right-of-way or other public area.

      (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 non-residential and institutional architectural guidelines.

         E.   Ground mounted mechanical equipment is also subject to landscaping and screening requirements found in Chapter 1151.

         A.   Buildings and other structures shall use the following exterior materials for a minimum of sixty percent (60%) of each building facade: Brick, stone and cultured stone. The remaining forty percent (40%) of each building facade may utilize the following materials: traditionally applied stucco, metal and cement siding products.

            1.   For the purpose of determining the sixty percent (60%) exterior material requirements, all glass located on any building wall facade shall be removed from the calculation to determine the sixty percent (60%) required primary materials. For example, if a building wall face features glass equal to 1,000 square feet out of a total wall face area of 10,000 square feet, sixty percent (60%) of the remaining 9,000 square feet of wall area shall utilize those permitted primary exterior materials.

            2.   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.

         B.   Natural wood clapboard, wood shingles, and wood board and batten may be used as a building trim detail.

         C.   The following exterior building materials are prohibited: vinyl or aluminum siding, plywood, corrugated and metal panels.

         D.   Brick used in building additions must be similar in color, size and texture of brick and mortar joint detail to the surrounding structures. Brick on any existing or proposed building shall not be painted unless the building has been previously painted prior to the effective date of this design standard.

         E.   Slate, copper, wood or standing seam metal roofs are preferred; however, asphalt or fiberglass shingles may be used as well. Flat or shallow pitched roofs are permitted only when ornamented with shaped parapets or cornice treatments. Gambrel roofs are prohibited within these commercial districts.

         F.   Exterior building materials having natural durable, low maintenance surfaces such as natural and cultured stone, brick, tile, pre-cast concrete, curtainwall, glass and metal should be used. Materials with non-integral finishes are discouraged.

         A.   Exterior building colors should be used as a unifying theme compatible with the architectural style, natural site setting and surrounding buildings.

         B.   Exterior brick products used in new building construction shall be in the red, brown and buff color ranges or other color as approved by the City Architect.

      (1)   Any light garland, lighted rope, or string lights shall not be used to outline or otherwise be displayed on the inside or outside of any window.

      (2)   Holiday lighting exempted. The temporary display of light garland, lighted rope or string lights placed on the inside or outside of a window, erected on a seasonal basis in celebration of religious, national, or state holidays, which are not intended to be permanent in nature and which contain no commercial advertising material shall be permitted. Such seasonal holiday lighting shall only be permitted for a period of not more than sixty consecutive days nor more than ninety days in any one calendar year.

(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23; Ord. 2024-88. Passed 2-25-25.)

      (1)   Outdoor sales, storage or display shall be defined as the display or sales beyond the confines of any principal or accessory structure on a lot. Outside sales and display shall be prohibited unless expressly allowed within this Zoning Code.

      (2)   Sales and merchandise display located within any public right-of-way shall be prohibited.

      (1)   Vehicle inventory may be displayed outdoors in open yards by a business that offers for retail sale one or more of the following items: automobiles, motorcycles, trucks, trailers, mobile homes, recreational vehicles, campers, camper tops, truck toppers, boats or other wheeled conveyances. All vehicle display area shall be conducted upon the same lot for which the principal business building is located.

      (2)   Rental equipment that may be offered for rent or sale is not vehicle inventory.

      (3)   Vehicle inventory that bears obvious signs that the vehicle is not presently capable of being legally operated or conveyed on a public road is not vehicle inventory, including, but not limited to vehicles lacking wheels or inflated tires, operable drive train components, broken windows or lights, required current vehicle registration, missing body parts, such as fenders, doors, hood lids, trunk lids, bumpers, lights or trim.

      (4)   All vehicles and advertising shall be located behind a concrete curb at least thirty-five feet from the front lot line.

      (5)   The front yard of the lot shall be adequately landscaped and maintained.

      (6)   All vehicles displayed for sale outside of an enclosed building, in front of the building line (and in the case of a corner lot, in front of the side building line adjacent to the side street) shall only be displayed on a pad constructed of asphalt, concrete or terrazzo.

      (7)   Garden equipment and supplies, garden furniture, nursery stock and monuments may be sold on an open lot, provided that the operation is in connection with an established related retail service use conducted within a building on the same lot not more than 150 feet from any outdoor display area.

      (8)   Outdoor vehicle sales in open yards shall comply with all applicable setback requirements.

      (1)   The sales event shall occur not more than twice each calendar year.

      (2)   The duration of each special sales event shall not exceed three days.

      (3)   The location of any proposed special sales event activity will not obstruct pedestrian circulation in and around the special sales event area and will not create a safety hazard in terms of vehicular movement in the vicinity.

      (4)   A special sales event permit must be issued by the Building Commissioner prior to a special sales event taking place.

(Ord. 2022-24. Passed 5-24-22.)

   The regulations set forth in this section refer to outdoor dining areas proposed to be located on private property or in a sidewalk area within the public right-of-way.

      (1)   Any applicant seeking to propose one or more outdoor dining areas in an existing development located within the GB or PMU zoning districts shall make application to the Building Commissioner.

      (2)   The development plan shall include all relevant outdoor dining details regarding the proposed location within the lot or right-of-way, dimensioned dining area layout, furniture style and materials and operational details of the proposed outdoor dining request. The Planning Commission may request other relevant information as a part of this review.

      (1)   If the outdoor dining area is proposed to be located within a designated pedestrian travel way or sidewalk on private property or within the public right-of-way, a minimum unobstructed sidewalk width of five feet measured from the edge of curb or edge of pavement shall be required.

      (2)   The use of site elements to serve as a protective barrier between any parking or driveway areas and the proposed outdoor dining location shall be required on a case-by-case basis. Examples of protective barriers include, but are not limited to: large planters, decorative bollards and fencing.

      (3)   The ability for an applicant to locate an outdoor dining area on a sidewalk located within any public right-of-way is not permitted by right. Each request will be reviewed and determined on a case-by-case basis.

(Ord. 2022-24. Passed 5-24-22.)

   No building customarily used for night operation shall have any openings, other than stationary windows or required fire exits, within 200 feet of any residential dwelling use or residential zoning district, and any space used for loading or unloading of commercial vehicles in connection with such operation shall not be within 100 feet of any residential dwelling use or residential zoning district.

(Ord. 2022-24. Passed 5-24-22.)