Moreland Hills City Zoning Code

TITLE SEVEN

Zoning District/Use Regulations

1149.01 ESTABLISHMENT OF DISTRICTS.

In order to carry out the purpose of this Code, the Village is hereby divided into the following districts, all of which are designated on the Official Zoning Map by symbols, colors, and boundaries. The districts shall be known as:

District	Symbol
Residential Districts
Dwelling House District	U-1
Residential Open Space Conservation District	U-4
Townhouse District	U-3
Chagrin Northwest Residential & Planned Development Conservation District	U-5

Business Districts
Retail Business District	U-2

(Ord. 2017-18. Passed 5-10-17.)

1149.03 OFFICIAL ZONING MAP.

(a) The boundaries of the districts are shown upon the map designated as the Official Zoning Map. The Official Zoning Map and all of the notations, references and other information shown thereon, are a part of this Code and have the same force and effect as if the Official Zoning Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which is properly attested to and is on file with the Building Inspector.

(b) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Code.

(c) In the event that the Map becomes damaged, destroyed or lost, Council may, by ordinance, adopt a new official Zoning Map, which shall supersede the prior Map. The new Map may correct drafting or other errors or omissions in the prior Map.

(Ord. 2012-21. Passed 7-11-12.)

1149.05 INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply:

(a) Where the designation of a boundary line on the zoning map coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary of such district.

(b) Where the district boundaries do not coincide with the location of streets, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(c) Where the district boundaries do not coincide with the location of streets or lot lines, the district boundaries shall be determined by the use of the scale shown on the Official Zoning Map described in Section 1149.03.

(d) All streets, public ways, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, public ways, waterways and railroad rights-of-way.

(e) Where the centerline of a street, public way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

(f) Whenever any street or other public way is vacated by official action as provided by law, the zoning district adjoining each side of such public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended.

(g) Where a district boundary line established in this Planning and Zoning Code or as shown on the Zoning Map divides a lot which was in single ownership at the time of enactment of this Ordinance, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and each part of the parcel shall comply with the regulations of the District in which it is located.

(h) All uncertainties and disputes concerning the exact location of zoning district boundaries shall be resolved by the Board of Appeals according to the rules and regulations that it may adopt.

(Ord. 2012-21. Passed 7-11-12.)

1151.01 INTENT.

The Dwelling House District (U-1) and its regulations are established in order to achieve, among others, the following purposes:

(a) To preserve and protect the scenic beauty, the ecology and character of the Village for the benefit of its citizens;

(b) To regulate the bulk and location of dwellings, accessory buildings, and other structures on each lot;

(d) To promote the most desirable and beneficial use of the land in accordance with the objectives and goals of the Village of Moreland Hills;

(e) To protect and preserve the value, appearance and use of property through the preservation of historic character consistent with the development of the Village;

(f) To protect and provide adequate open spaces and to insure adequate ground areas for the safe and healthful disposal of waste; and,

(g) To maintain a residential density consistent with Village tradition.

(Ord. 2013-05. Passed 6-12-13.)

1151.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1151.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met;

(b) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1151.03 shall be permitted provided that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

(c) Conditional Uses. A use listed in Schedule 1151.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1177, Conditional Use Regulations, have been met, according to the procedures set forth in Chapter 1129, Certificates;

(d) Compliance with Standards. Although a use may be indicated as a permitted principal or accessory use in a particular district, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question.

(e) Use Not Listed in Schedule. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in this zoning district and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1133 or upon a finding that a use is substantially similar as provided in Chapter 1171.

(f) Schedule 1151.03 Permitted Uses.

Schedule 1151.03 Permitted Uses
	U-1 Dwelling House District
(1) Residential
A. Single-family dwelling, detached	P
B. Family day care home for 1-6 children (Type B)	P
(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
(3) Community Facilities/Institutions
A. Civic center	C
B. Places of worship/church	C
C. Public park	C
D. Public service facility	C
E. School (public/private) elementary/ secondary	C
F. Solar Energy Systems	C
(4) Accessory Uses
A. Detached accessory buildings, including garages, stables, coops, and sheds(a)	A
B. Fences, walls(a)	A
C. Home occupation(a)	A
D. Other accessory structures(a)	A
E. Private recreational facilities such as, but not limited to tennis courts(a)	A
F. Private swimming pools(a)	A
G. Signs(b)	A
Notes to Schedule 1151.03: (a) See Section 1151.13 Accessory Use and Structures. (b) As further regulated by Chapter 1183, Sign and Billboard Regulation P = Use permitted by right; A = Accessory use; C = Conditional use Blank cell = Use not permitted in district

(Ord. 2013-05. Passed 6-12-13.)

1151.05 LOT REQUIREMENTS.

(a) Minimum Lot Area and Width. The area and width of a lot shall not be less than the dimensions set forth in Schedule 1151.05, except as otherwise regulated in this Code.

(b) Maximum Lot Coverage. The maximum lot coverage by building shall be as set forth in Schedule 1151.05.

(Ord. 2012-21. Passed 7-11-12.)

Schedule 1151.05 Minimum Lot Requirements
	U-1 Dwelling House District
(1) Minimum lot area	87,000 square feet
(2) Minimum lot width at building setback line(a)	175 feet
(3) Maximum lot coverage by all buildings including accessory buildings	12%
(4) Minimum frontage on a dedicated public street	50 feet
(5) Minimum average mean lot width(b)	175 feet
(6) Maximum depth of the lot	(c)
(a) On curved streets, the lot width shall be the arc length of the building setback line. (b) For purposes of this section, the "average mean width" of a parcel shall be the area of the parcel divided by the parcel's "mean depth." The "mean depth" of a parcel shall be the length of a straight line extending from the center point of the front line of the parcel to the center point of the parcel's rear line. (c) The depth of a parcel shall not exceed three times the parcel's average mean width unless the parcel's average mean width exceeds 300 feet or unless, due to topographic or other special conditions, the Planning Commission finds it necessary to alter this proportion of width to depth.

(Ord. 2013-05. Passed 6-12-13.)

(d) Flag Lots. In addition to the requirements in this Chapter, all flag lots shall comply with the following regulations:

(1) Provided the "staff" portion of the lot is less than 500 feet in length, a minimum of fifty (50) feet of frontage shall be required at the public street right-of-way. If the "staff portion of the lot is 500 feet or longer in length, a minimum of seventy-five (75) feet of frontage shall be required at the public street right-of-way.

(2) The area of the "staff" portion of the lot connecting the lot to the public street shall not be included in the area of the lot for the purposes of determining compliance with the required minimum lot area.

(3) For the purposes of determining compliance with required setbacks and lot width, the "staff" portion of the lot shall be disregarded. Compliance with setback and lot width requirements shall be determined on the "flag" portion of the lot only.

(Ord. 2012-21. Passed 7-11-12.)

1151.07 SETBACK REQUIREMENTS.

Dwelling units shall be located on a lot in a manner that maintains the minimum front, side, and rear setbacks set forth in this Section. The area within each required setback shall remain unobstructed by structures, except as otherwise permitted in this Code.

(a) Front Setback. Each lot shall maintain a front setback in compliance with Schedule 1151.07.

(b) Front Setback on Through Lots. On a through lot, a front setback shall be provided on each frontage equal to the minimum required front setback as set forth in Schedule 1151.07. There shall be no required rear setback on a through lot.

(c) Side Setbacks. Each interior and through lot shall have and maintain two side setbacks. Schedule 1151.07 sets forth the minimum width of each side setback.

(d) Rear Setbacks. Each lot shall have and maintain a rear setback as specified in Schedule 1151.07.

(e) Corner Lot Setbacks. Corner lots shall maintain the following setback requirements. See Figure 1 below.

(1) Corner side setback. Where new construction or an addition to an existing building is proposed for a corner lot, such building or building addition shall maintain a corner side setback that complies with the following:

A. When the rear lot line of a corner lot coincides with the rear lot line of another corner lot, the corner side setback shall be the greater of:

1. The corner side setback of the abutting corner lot; or

2. The minimum side setback set forth in Schedule 1151.07.

B. When the rear lot line of a corner lot coincides with the side lot line of an interior lot, the corner side setback shall comply with the requirements for a front setback, as required by sub-section 1151.07 (a).

(2) Interior side setback. The width of a side setback along the interior side lot line shall not be less than the minimum side setback as set forth in Schedule 1151.07.

Figure 1. - Corner Side Setback

(Ord. 2012-21. Passed 7-11-12.)

(f) Schedule 1151.07 Minimum Setback Requirements:

Schedule 1151.07 Minimum Setback Requirements
	U-1 Dwelling House District
(1) Minimum Front Setback from the public street right-of- way line abutting the property owner’s property	70 feet (d)
(2) Minimum Side Setback	35 feet (a)(c)
(3) Minimum Rear Setback	(b)
(a) Except that on Giles Road for lots less than two (2) acres, each dwelling shall have side setbacks of not less than ten (10) feet each. If a lot other than on Berkeley, Ellendale, Giles, or Wiltshire Roads, and other than those lots with frontage on Chagrin Boulevard which are part of the subdivision identified as the S. H. Kleinman Realty Company’s Kinsman Highlands, recorded on May 14, 1915 at Vol. 52, Part 35 of the Cuyahoga County records, has a lot width less than 175 feet, each side setback shall be not less than twenty percent (20%) of the width of the lot but in no case less than twenty (20) feet. (Ord. 2017-22. Passed 8-9-17.) (b) The rear setback shall be the lesser of twenty percent (20%) of the average depth of the lot and fifty (50) feet. (c) If a lot has a width of 175 feet or more and the side wall of the house is over fifty (50) feet in length, the side setback shall be 35 feet plus one (1) additional foot of setback for every foot of house length over fifty (50) feet. For purposes of this footnote (c), the house length or sidewall dimension shall be determined by measuring the individual sidewall plane facing the side lot line. An offset of greater than four (4) feet within that plane will constitute a new sidewall plane for determining house length. See Fig. 1 and Fig. 2. Each sidewall plane over fifty (50) feet must comply with the increased setback dimension set forth above. For side lot lines that are not parallel to the sidewall of the structure, the closest edge of the sidewall plane in relation to the side lot line will be used for determining compliance with the required side setback See Fig. 3

(Ord. 2018-03. Pasesd 4-11-18.)

(d) On private streets that existed as of the passage of the ordinance enacting this Code, the front setback shall be eighty-five (85) feet from the edge of the pavement. On South Woodland, the front setback shall be 150 feet from the public street right-of-way line abutting the property owner’s property. On SOM Center Road, Miles Road, Hiram Trail, and Chagrin Blvd., the front setback shall be 120 feet from the public street right-of-way line abutting the property owner’s property.

(Ord. 2020-53. Passed 9-9-20; Ord. 2021-04. Pased 2-10-21.)

1151.09 HEIGHT REQUIREMENTS.

All buildings and structures in the U-1 Dwelling House District shall comply with the following height regulations:

(a) The height of principal buildings and structures shall not exceed 2 and one-half (2.5) stories and thirty-five (35) feet.

(b) The height of accessory buildings and structures shall not exceed nine (9) feet as measured from the natural grade to the eave line.

(Ord. 2013-05. Passed 6-12-13.)

1151.10 DWELLINGS PERMITTED ON A LOT.

There shall not be more than one (1) single-family dwelling located on a lot.

(Ord. 2019-04. Passed 5-8-19.)

1151.11 PROJECTIONS INTO REQUIRED SETBACKS.

Building Projection Into Required Setbacks. No portion of any building may project into the setbacks established in Schedule 1151.07 above, except:

(a) Cornices, belt courses, entrance canopies and similar overhanging roofed spaces, chimneys, porticos, bays, and steps which shall not project more than three (3) feet into such setbacks; and,

(b) An unenclosed porch not exceeding one story in height and not exceeding a distance of twelve (12) feet from the main wall of the single-family detached dwelling may be constructed between the front setback line and the street.

(Ord. 2012-21. Passed 7-11-12.)

1151.13 ACCESSORY USES AND STRUCTURES.

Accessory uses, buildings, and structures permitted in residential districts and associated with a single-family detached dwelling, shall conform to the location, coverage, area, and maintenance standards contained in this Section and this Code. No accessory building, structure or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Planning and Zoning Code. No accessory building shall be used, enlarged, restored or maintained in such manner as to become the main or principal use, nor shall such use be designated as an accessory use for the purpose of avoiding the intent and purpose of any provision of this Planning and Zoning Code.

(a) Location Requirements for Accessory Uses. An accessory building, structure, or use permitted in a Dwelling House District shall be located as set forth in Schedule 1151.13. However, an accessory use or building shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code.

(b) Schedule 1151.13 Permitted Accessory Structures In Front, Side And Rear Yards:

Schedule 1151.13 Permitted Accessory Structures in Front, Side and Rear Yards
Use	Yard Permitted	Minimum Setback From Lot Line
Use	Yard Permitted	Front	Side	Rear
(1) Detached accessory buildings	Rear	NP	10 feet	10 feet
(2) Driveways	Front, corner side, side, rear	NA	10 feet (a)	10 feet (a)
(3) Decks, patios	Rear, Side	NP	20 ft.	20 ft.
(4) Fences, walls	Front, corner side, side, rear	0 ft.	0 ft.	0 ft.
(5) Private swimming pools	Rear	NP	See also Chapter 1171, General Use Regulations
(6) Other accessory structures such as but not limited to tennis courts, stables	Rear	NP	As further regulated in this Section 1151.13
(7) Outdoor storage of vehicles recreation vehicles/equipment.	Rear	See also Section 1151.13(l)
(a) During the development plan review process, an applicant may request that the Planning Commission consider an exception to the setback requirement for driveways when site conditions, such as topography; existing buildings; existing trees/landscaping; or similar factors, necessitate a lesser driveway setback. NA Not Applicable NP Not Permitted

(c) Location of Accessory Use or Building. No accessory use or building shall be located nearer than seventy (70) feet to any living area of any principal building located on an abutting lot.

(d) Living Quarters. Construction of living quarters in any accessory building and use of any accessory building for habitation, temporary or otherwise, is strictly prohibited.

(e) Exotic Animals. It shall be unlawful for any person to own, possess, keep, harbor, bring, or have in one's possession an Exotic Animal within the Village of Moreland Hills.

(f) Keeping of Fowl. No house, shed or coop for the accommodation of fowl of any sort shall be located nearer than fifty (50) feet to any portion of any single-family detached dwelling or to any side or rear lot line.

(g) Keeping of Swine. No house, shed, pen or enclosure for the keeping of pigs or hogs shall be located within 200 feet of any public street or within 500 feet of any single-family detached dwelling. Such house, shed, pen, or enclosure for the keeping of swine shall be setback fifty (50) feet from any side or rear lot line.

(h) Number of Permitted Accessory Buildings. A maximum of two (2) accessory uses/buildings shall be permitted on a zoning lot.

(i) Permitted Area. The total area of all accessory buildings and uses on a zoning lot shall not exceed 1,000 square feet.

(j) Foundation Required. An accessory building larger than 200 square feet shall have a foundation.

(k) Maintenance. All accessory buildings shall be maintained in good repair and be structurally sound and secure.

(l) Storage of Vehicles. All commercial vehicles, horse trailers, house trailers, recreational vehicles and boats shall be parked or stored in an enclosed building or garage or parked, in conformance with the required side and rear setbacks as set forth in Schedule 1151.07 Setback Requirements, behind the rear foundation line of the single-family detached dwelling in any Dwelling House District and be screened from view of the street and adjacent properties by shrubbery or fencing. (Ord. 2012-21. Passed 7-11-12.)

(m) Additional Regulations for Parking Areas and Driveways. Accessory off-street parking spaces and driveways shall be provided in compliance with the parking and driveway requirements set forth in Chapter 1179, Off-Street Parking Regulations, which shall be located on the same lot as the dwelling served.

(Ord. 2017-16. Passed 5-10-17.)

(n) Stables.

(1) A stable shall accommodate no more than one (1) animal for each 15,000 square feet of lot area. No such stable shall be located nearer than 100 feet to any public street, and no such stable shall be located nearer than 150 feet to any property line or any single-family detached dwelling.

(2) The location of any stable shall not occupy more than eighty percent (80%) of the width of an interior lot.

(3) Every stable arranged for the keeping of livestock shall be provided with adequate ridge ventilation and suitable drainage so as to keep such buildings in a sanitary condition as required by the County Board of Health. Wherever it is impossible to properly ventilate or drain such stable so as to keep it in a sanitary condition, the use of such stable for stabling purposes shall be prohibited.

(4) A corral fence not exceeding five (5) feet in height adequate to contain livestock stabled on a lot shall be erected at least five (5) feet from the side and rear lot lines. Such corral fences shall not be constructed of chain link. Plans for the construction of any stable shall include plans for such fence and be approved by the Building Inspector. Such fence shall be of a design and of materials approved by the Building Inspector to be effective as a corral.

(o) Tennis Courts and Other Play Areas.

(1) No tennis court or any other hard-surfaced playing area for games or sports shall be constructed within the Municipality unless the location, design and construction thereof have been approved by the Planning Commission. Tennis courts and other similar hard-surfaced playing areas for games or sports shall be so located on lots to minimize any disturbing sound and sight effects of play to neighboring properties.

(2) No lights shall illuminate any tennis court or any other hard-surfaced playing areas for games or sports.

(3) The materials and construction of any fence that surrounds any tennis court or other hard-surfaced playing area for games or sports shall conform with Section 1151.13 (p) except that the height of the fence shall not exceed ten (10) feet. This shall include a fence or fences which surround the playing area either in whole or in part.

(4) No tennis court or other hard-surfaced playing area for games or sports on a lot in a Dwelling House District shall be less than thirty (30) feet from any lot line of the lot on which it is located and shall be at least 100 feet from any residence building on an adjacent lot. A tennis court or other hard-surfaced area shall include any fences surrounding it in whole or in part. (Ord. 2012-21. Passed 7-11-12.)

(p) Fences and Walls.

(1) Certificate Required. No fence or wall shall be constructed or erected unless a Zoning Certificate therefore has been issued by the Building Inspector. Applications for a Zoning Certificate must contain a plot plan of the lot, premises or parcel showing the exact location of the proposed fence or wall, a description of the kind of fence or wall, and plans and specifications showing the elevations of the fence or wall in sufficient detail to show the method of assembly and construction. Each application shall state the owner of the premises, the occupant of the premises and the person who is to construct or erect the proposed wall or fence.

(Ord. 2013-05. Passed 6-12-13.)

(2) Fences and Walls in Rear Yards. Fences which do not exceed five (5) feet in height and decorative walls which do not exceed thirty-six (36) inches in height shall be permitted in the rear yard. Fences in the rear yard shall be at least fifty percent (50%) open. (Ord. 2017-11. Passed 4-12-17.)

(3) Fences and Walls in Front and Side Yards. Fences and walls shall be no higher than four (4) feet above natural grade in front and side yards in front of the rear building line as follows:

A. Fences shall be at least fifty percent (50%) open.

B. The Building Inspector may elect to refer any application made under Section 1151.13 (p)(3) to the Planning Commission for its further review.

(4) The Planning Commission may, in its discretion, approve the following:

A. Retaining walls necessary to provide grade separation.

B. Fences or walls which are structurally an integral part of the architecture of the dwelling or accessory buildings.

C. Any application referred to the Planning Commission by the Building Inspector, as provided by Section 1151.13 (p)(3) B.

(5) Prior to the issuance of a Zoning Certificate, a survey by a registered surveyor must be submitted to the Building Inspector. The property lines and fence location shall be clearly marked in a manner acceptable to the Building Inspector.

(6) Prohibited fences. The following types of fences are strictly prohibited in all zoning districts:

A. Barbed wire fences, razor wire fences, or any other fence made of sharpened metal to prevent ingress or egress to or from a premises; and

B. Above-ground, electrically-charged fences regardless of the source of electricity, unless, upon application, such use is approved by the Planning Commission; and

C. No fence or gate shall extend across any portion of a driveway.

(7) Fences in the Public Right-of-Way. No fence or wall shall be constructed, erected or permitted to remain in a public right-of-way.

(Ord. 2013-05. Passed 6-12-13.)

(q) Additional Regulations for Vehicles. The repainting, rebuilding, overhauling, or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited on a residential lot.

(r) Outdoor Storage. Outdoor storage is prohibited, except as otherwise provided for in this Code.

(s) Home Occupation. The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the non-residential use of a residential dwelling unit so that the non-residential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

Home occupations shall be a permitted accessory use when conducted in compliance with the following standards. When not in compliance with the following standards, such home occupation shall be declared a nuisance pursuant to the Codified Ordinances of the Village of Moreland Hills.

(1) The home occupation:

A. Will be harmonious and in accordance with the objectives of the Planning and Zoning Code;

B. Will be operated and maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; and

C. Will not be hazardous or disturbing to existing or future neighboring uses.

(2) The home occupation shall be:

A. An occupation customarily carried on in a dwelling unit,

B. Incidental and secondary to the use of the dwelling unit for residential purposes, and

C. Conform to the following additional conditions:

1. The occupation or profession shall be carried on wholly within the principal building.

2. Not more than one (1) person who is not a member of the resident family shall be employed in the home occupation.

3. There shall be no exterior display, no exterior sign, no exterior indication of the home occupation or any other variation from the residential character of the principal building.

4. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.

5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.

(Ord. 2012-21. Passed 7-11-12.)

1151.15 DESIGN CRITERIA FOR SINGLE FAMILY DETACHED DWELLINGS.

(a) The purpose of the following design criteria is to further the goals of the Village including:

(1) The promotion and protection of the public health, convenience, comfort, prosperity and general welfare by regulating the exterior design of buildings and structures to assure orderly and reasonably harmonious development;

(2) The protection and preservation of property values when buildings are constructed or altered to prevent the impairment or destruction of real estate values;

(3) The regulation, according to accepted and recognized architectural principles, of the design and use of materials on all principal and accessory buildings to be created, moved, altered, remodeled or repaired;

(4) The construction of high-quality buildings in terms of the design and materials selected given the architectural style of the building; and,

(5) The prevention of the harmful effects of excessively similar, dissimilar, or inappropriate exterior design of buildings or structures in relation to the exterior design of buildings prevailing in the Village.

(Ord. 2012-21. Passed 7-11-12.)

(b) The provisions of this Section shall apply to all residential development including principal and accessory buildings. Any addition, remodeling, relocation, or construction requiring review shall adhere to the guidelines in this Section, where applicable. The Planning Commission, with advice from the Architectural Reviewer, and the Building Inspector pursuant to Section 1151.17, may exempt applicants from these standards when the exterior building modifications are minor in nature, meaning the design modifications will have no discernable impact on neighboring properties, the public, the public right-of-way, or those intended to occupy or use the proposed development.

(Ord. 2015-14. Passed 5-13-15.)

(c) Character of Dwellings. Principal dwellings and accessory building are to be designed and located on the site and be of a scale to complement buildings in close proximity and enhance the character of the surrounding area by having features that are appropriate and compatible with existing buildings and structures. In making this determination, the following shall be considered:

(1) Building height, width, and general proportions;

(2) Architectural features, including patterns of windows and doors, roof pitch, balconies, porches, shutters, dormers, eaves and other decorative detail;

(3) Building materials.

(4) Explanation of terms. Certain terms and words shall be interpreted with regard to the following explanations:

A. Appropriateness. A proposal is judged to be appropriate when it respects the existing architectural style of a building or buildings and fits comfortably within its setting, neighborhood and overall community. This condition applies to landscaping and accessory structures, as well.

B. Compatibility. A design or a material selection is compatible when it does not strongly deviate from the buildings on the site, or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of the building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibility occurs when an architectural design, landscape design or accessory building proposal is aesthetically harsh or overwhelming relative to its neighbors. The Planning Commission, upon a recommendation from the Architectural Reviewer, need not consider compatibility when the building under review is determined to be so isolated that it has no bearing on adjacent property or the neighborhood.

C. Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance.

D. Proximity. Proximity shall be considered in terms of the potential for one property, by virtue of its location, to materially affect other properties. In determining a property to be in proximity to another, the following factors shall be considered:

1. The visibility of both properties from a common point; or,

2. The location of both properties within a relatively compact network of streets, walkways, or spaces.

(d) Façade Articulation. The articulation of facades and the massing of structures give them richness and scale. Long uninterrupted exterior walls should be avoided. All building walls should have relief to create interest and reduce bulk.

(e) Roof Articulation. For sloped roofs, both vertical and horizontal articulation is encouraged. Rooflines should be representative of the design and scale of surrounding dwellings. Roof articulation may be achieved by changes in plane and/or the use of traditional roof forms such as gables, hips, and dormers.

(Ord. 2012-21. Passed 7-11-12.)

1151.17 PLAN REVIEW.

All uses in the Dwelling House District shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures with the exception that the following accessory buildings and structures may be approved by the Building Inspector when in compliance with all applicable regulations.

(a) Fences and walls.

(b) Storage buildings and other accessory structures with a ground area footprint of 200 square feet or less.

(c) Replacement of accessory buildings and structures including, but not limited to, garages, patios, driveways, pools and pool decks when placed in the same location as the original building or structure and do not have any single dimension or area more than 20% greater than the existing building or structure and does not deviate from the location of the existing building or structure by more than 20%.

(d) Any accessory building or structure (not granted an exception pursuant to subsections (a) through (c) above) that complies with the setback requirements for the dwelling, has a maximum height less than eight (8) feet and no part of such accessory building or structure is more than fifty (50) feet from the dwelling.

(Ord. 2015-14. Passed 5-13-15.)

1151.19 STREETS.

No private streets shall be permitted in the U-1 Dwelling House District.

(Ord. 2015-16. Passed 5-13-15.)

1151.20 PROHIBITION ON FRONT FACING ATTACHED GARAGES.

An attached garage shall be located and constructed so that the doors of the garage do not face the street, unless the attached garage is located on Wiltshire Road, Ellendale Road, and Berkeley Avenue. All other requirements set forth in these Codified Ordinances regarding the location and construction of garages shall apply.

(Ord. 2017-13. Passed 5-10-17.)

1151.21 SPECIAL PROVISIONS FOR WILTSHIRE, ELLENDALE AND BERKELEY AREA.

(a) This Section 1151.21 is adopted to recognize the nonconforming conditions of lots platted in the early 1900's in the Wiltshire, Ellendale, Berkeley neighborhood; to encourage consolidation into larger, more conforming lots; and to promote redevelopment compatible with the scale of dwellings in the neighborhood.

(b) Applicable Area. The provisions of this Section shall only apply to lots located within the area contained within the subdivision identified as the S. H. Kleinman Realty Company's Kinsman Highlands, recorded on May 14, 1915 at Vol. 52, Page 35 of the Cuyahoga County records, hereinafter referred to as "the Wiltshire, Ellendale, Berkeley Area".

(c) When the owner(s) of lots located in the area identified in 1151.21(b) apply to consolidate lots, the Planning Commission may approve the consolidation if the resulting lot or lots comply with the standards in Schedule 1151.21(c).

Schedule 1151.21(c) Standards for Lots Consolidated by the Planning Commission in the Wiltshire, Ellendale, Berkeley Area
(1) Minimum lot area	36,000 square feet
(2) Minimum lot width at the building setback line	160 feet
(3) Minimum frontage on Wiltshire, Ellendale, Chagrin Boulevard, or Berkeley right-of-way	160 feet
(4) Minimum depth of lot	200 feet

(d) New dwellings and additions to existing dwellings on lots in the Wiltshire, Ellendale, Berkeley Area shall comply with the standards in Schedule 1151.21(d).

Schedule 1151.21(d) Standards for Setbacks and Heights in the Wiltshire, Ellendale, Berkeley Area
(1) Maximum Lot coverage by all buildings including accessory buildings	12%
(2) Front setback from the public street right-of-way line abutting the lot (except as provided at 1151.07(d) for lots with frontage on Chagrin Boulevard): New Dwelling: 55 feet or the average of the front setbacks of the two (2) nearest dwellings on the lots on each side of the subject lot, whichever is greater Addition to Existing Dwelling: Not closer than the setback of the existing dwelling
(3) Minimum side setback: On a lot having a width less than 120 feet wide at the building line: each side setback shall be at least 10 feet, provided that any part of a structure, including any part of a roof, which is higher than 18 feet shall be setback at least 20 feet. See Illustration below.
(4) Minimum rear setback	The lesser of 50 feet or 20% of average depth of the lot
(5) Maximum height of principal building and structures	35 feet and 2.5 stories
(6) Maximum height of accessory buildings and structures	9 feet as measured from natural grade to the eave line.

(Ord. 2017-22. Passed 8-9-17.)

1151.99 PENALTY.

A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.

(Ord. 2012-21. Passed 7-11-12.)

1153.01 INTENT.

The purpose of this Residential Open Space Conservation District U-4 is to encourage environmentally sensitive residential development and other harmonious conditional uses enumerated herein in those portions of the community impacted by severe development constraints, including, but not limited to, severe slopes, unstable soils, wetlands, natural drainage courses, sensitive environments and floodplains. Development under the provisions of these regulations contributes to improved air quality, improved water quality, and enhanced biological diversity compared to development under traditional practices by enabling less soil exposure, less erosion, less sedimentation of natural drainage courses, and less disturbance of vegetation and sensitive environmental features. In doing so, these regulations contribute to the health, safety, and welfare of existing and future residents. (Ord. 2013-05. Passed 6-12-13.)

1153.03 APPLICABILITY.

The Residential Open Space Conservation District applies only to parcels of ten (10) contiguous acres or larger as identified on the Official Zoning Map. Such land area may be in either single or multiple-ownership. If in several ownerships, the application shall be filed jointly by all owners of the properties included in the proposed Residential Open Space Conservation development boundaries. When evaluated as a single zoning lot, the project must possess the severe natural development constraints listed below which, in combination, involve at least thirty percent (30%) of its gross area, but no more than seventy-five percent (75%) of its gross area. Site characteristics and development constraints will be confirmed by the Village Engineer:

(a) Severe slope (slope gradient in excess of thirty percent (30%)).

(b) Wetlands and/or surface water features.

(c) Unstable soils (soil groups possessing severe hazards due to slippage for shallow excavations, dwellings with or without basements, and local roads/streets, as listed in Table 8 of the U.S. Dept. of Agriculture, Soil Conservation Service "Soil Survey of Cuyahoga County", Dec., 1980).

(Ord. 2012-21. Passed 7-11-12.)

1153.05 APPROVAL OF RESIDENTIAL OPEN SPACE CONSERVATION DEVELOPMENTS.

In addition to the general review procedures for development plans, the Planning Commission shall review a proposed Residential Open Space Conservation Development to ensure that:

(a) The proposed buildings and uses are located so as to reduce any undue adverse impacts upon adjacent property, the character of the neighborhood, environmental conditions, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.

(b) Buffer zones with adequate landscaping are provided between the proposed development and adjacent residential areas;

(d) Roadway/street systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the development are designed in a manner that minimizes traffic hazards or congestion;

(e) The layout of parking areas, entrances, exits, signs, lighting, noise sources or other potentially adverse influences are designed and located to protect the residential character of areas adjacent to the development and to minimize alteration of the natural site features, such as, but not limited to, ravines, steep slopes, stream beds, lakes, significant stands of trees, individual trees of significant size, and rock outcroppings.

(f) The proposed development will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with the applicable district regulations.

(g) The proposed Residential Open Space Conservation development will be served adequately by police and fire protection, drainage structures, refuse disposal, water and sewers; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

(Ord. 2012-21. Passed 7-11-12.)

1153.07 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1153.07 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met;

(b) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1153.07 shall be permitted provided that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

(c) Conditional Uses. A use listed in Schedule 1153.07 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1177, Conditional Use Regulations, have been met, according to the procedures set forth in Chapter 1129, Certificates;

(Ord. 2012-21. Passed 7-11-12.)

Schedule 1153.07 Permitted Uses
	U-4 Residential Open Space Conservation District
(1) Residential
A. Single-family dwelling, detached	P
B. Cluster single-family detached dwellings	P
C. Family day care home for 1-6 children (Type B)	P
(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
(3) Community Facilities/Institutions/Other
A. Recreational Space & Associated Facilities (c)	C
B. Solar Energy Systems	C
(4) Accessory Uses
A. Detached accessory buildings (a)	A
B. Fences, walls(a)	A
C. Home occupation(a)	A
D. Other accessory structures(a)	A
E. Private recreational facilities such as, but not limited to tennis courts(a)	A
F. Private swimming pools(d) (a)	A
G. Signs(b)	A

Notes to Schedule 1153.07:

(a) See Section 1151.13 Accessory Use and Structures.

(b) As further regulated by Chapter 1183, Sign and Billboard Regulation

(c) Such uses or facilities shall not include recreational facilities developed primarily for use for organized sports, such as tennis courts or athletic fields.

(d) As further regulated by Chapter 1171, General Use Regulations.

P = Use permitted by right; A = Accessory use; C = Conditional use

Blank cell = Use not permitted in district

(Ord. 2013-05. Passed 6-12-13.)

1153.09 DENSITY, LOT COVERAGE, AND OPEN SPACE REGULATIONS.

The number of dwelling units permitted, the amount of lot coverage permitted, and the minimum open space provided shall comply with the following:

(a) Maximum Density. The gross density shall not exceed the one dwelling unit per two acres of land area within the project boundaries. When calculating the maximum number of dwelling units permitted for a particular site, any public right-of-way existing at the time the development plan is submitted shall be deducted.

(b) Minimum Required Open Space. A minimum thirty-three percent (33%) of the gross development area shall be owned by a property owners association or other approved body and preserved as natural open space for the benefit of all property owners in the association. Open space shall be protected by conservation easements approved by Planning Commission, shall be identified as separate parcel(s) on the plat, and shall be noted in covenants and deed restrictions.

(c) Maximum Lot Coverage. The area covered by all buildings and impervious surfaces shall not exceed fifty percent (50%) of the gross development area.

(Ord. 2012-21. Passed 7-11-12.)

1153.11 DEVELOPMENT AND SITE PLANNING STANDARDS.

The following specific development standards shall be adhered to in the design and layout of any Residential Open Space Conservation Development.

(a) Minimum Setbacks. All buildings, structures and parking areas shall comply with the minimum setbacks set forth in Schedule 1153.11 and the regulations in this Section.

(b) Minimum Spacing Between Buildings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks and patios shall be separated by the minimum spacing set forth in Schedule 1153.11. These distances may be reduced when the Planning Commission finds that adequate landscaping, screening, and/or architectural features are provided to ensure privacy between units. (Ord. 2012-21. Passed 7-11-12.)

Schedule 1153.11 Minimum Setback and Spacing Requirements
	OS Residential Open Space Conservation District
1. Setback from existing public street right-of-way line abutting the property owner’s property	75 ft. (e) or Width of the setback building line shown on the Zoning Map
2. Setback from project boundary, other than a public street (c) (d)	25 ft.
3. Setback from interior public right-of-way line abutting the property owner’s property	20 ft.
4. Setback from common drive	16 ft. (b)
5. Spacing between buildings
Side to side	15 ft.
Side to rear	25 ft.
Rear to rear	35 ft. (a)
Notes to Schedule 1153.11 (a) When the rear wall of one dwelling is adjacent to the rear wall of a second dwelling, the minimum separation shall be the distance set forth in this Schedule or equal to the length of the adjacency, whichever is greater. (b) When garage doors face the common drive, the garage doors shall be at least twenty (20) feet from the edge of pavement. (c) No buildings or structures shall be placed within the setback from a project boundary. (d) When the project boundary is not located adjacent to a U-1 zoning district boundary line, the Planning Commission may reduce the minimum width of the setback from a project boundary.

(Ord. 2015-15. Passed 5-13-15.)

(d) Minimum Setback for Interior Streets. Interior public streets shall be located a minimum of twenty (20) feet from an U-4 boundary, except as necessary to traverse this required setback to provide access to an existing public street right-of-way. (Ord. 2013-05. Passed 6-12-13.)

(e) Minimum Setback for Common Drives. No common drive shall be located closer than ten (10) feet to any project boundary line of the Residential Open Space Conservation development.

(f) Lot Requirements. Dwelling units are not required to be on individual lots. However, when lots for standard detached single-family dwelling units or sublots for single-family detached clusters are included as part of a Residential Open Space Conservation Development, such lots or sublots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing requirements of this Section.

The applicant shall depict on the development plan the maximum parameters, or building envelopes, to indicate where buildings, projections, porches, decks, patios etc. shall be located, and shall demonstrate that such structure location will be in compliance with the spacing requirements of this Section.

(g) Required Landscaping. The required setbacks from the project boundary specified in Schedule 1153.11 shall be landscaped in accordance with Chapter 1175.

(Ord. 2012-21. Passed 7-11-12.)

(h) Maximum Height. The height of principal buildings and structures shall not exceed two and one-half (2.5) stories and thirty-five (35) feet and the height of accessory buildings or structures shall not exceed nine (9) feet as measured from the natural grade to the eave line. (Ord. 2013-05. Passed 6-12-13.)

(i) Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from an existing public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.

(j) Structures shall be located on the lot with consideration for preservation of natural features and avoidance of constraints to development.

(k) In protected hillside zone areas, development shall comply with provisions of Chapter 1173.

(l) In designated flood hazard areas, development shall comply with Chapter 1173.

(m) Building sites and improvements shall be designed in a manner which minimizes unnecessary changes to topography, and disturbance to unique natural site characteristics.

(n) Housing units shall be arranged so that the view from the front of any residence facing a street shall not be blocked by another residence.

(o) Site design shall be considerate of views to and from adjacent residential districts, to minimize impacts where the character of proposed developments may differ from existing development.

(p) While it is intended that residences be designed in a coordinated and harmonious manner, repetitions of building design shall be avoided.

(q) All development plans and related improvements shall be in accordance with the applicable Subdivision Regulations of the Village of Moreland Hills and shall conform to construction and material standards applicable within the Village.

(Ord. 2012-21. Passed 7-11-12.)

1153.13 STREET, DRIVE AND WALKWAY REQUIREMENTS.

(a) General Street Design Criteria.

(1) The area of the proposed project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement through the development.

(2) Street alignments should follow natural contours and be designed to conserve natural features.

(b) Access and Street Requirements.

(1) Each dwelling shall have access to either a public street or a common drive, as provided for in this Chapter, in a manner approved by the Planning Commission and as shown on the development plan.

(2) Residential Open Space Conservation developments shall be designed to permit adequate access by emergency vehicles, promote the safety of motorists and pedestrians, minimize traffic conflicts and congestion, and promote the safe, efficient flow of vehicular traffic.

(1) A common drive shall serve no more than four (4) units.

(2) The design and layout of the common drive shall provide adequate and safe access to the intended units, as determined by the Village.

(3) Right-of-ways are not required for common drives; however, a utility easement may be required along the length of the common drive.

(4) All common drives shall be paved and have a minimum width of twelve (12) feet.

(5) Whenever a common drive is included, deed restrictions shall be required and shall specifically include the following language:

"The undersigned grantee(s) hereby acknowledge(s) that (he, she, they) understand that the premises described herein is located upon a non-dedicated or common drive. And further, the grantee(s) understands that no government body is responsible for care and maintenance of said common drive."

(d) Pedestrian Circulation and Walkways. A pedestrian circulation system should be included in the Residential Open Space Conservation development. The system should provide convenient pedestrian access throughout the Residential Open Space Conservation development and from the development to other areas of the community, where applicable.

(e) Private Streets. No private streets shall be permitted in a Residential Open Space Conservation development.
(Ord. 2012-21. Passed 7-11-12.)

1153.15 SUPPLEMENTAL REQUIREMENTS.

Additional development requirements formulated to achieve the objectives of this Chapter may be established at the time the Residential Open Space Conservation development plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the proposed Residential Open Space Conservation development.

(Ord. 2012-21. Passed 7-11-12.)

1153.17 ADDITIONAL STANDARDS.

All uses shall comply with the following:

(a) Utilities. All utilities shall be located underground, except that utility appurtenances may be constructed above-ground as approved by the Village as part of the development plan approval.

(1) Parcels developed under these regulations must be provided with central sewer services.

(2) Site lighting shall be in accordance with the requirements of Chapter 1171, General Use Regulations.

(b) Storm Drainage Provisions. Each Residential Open Space Conservation development shall include provision of a storm drainage system designed and constructed by the developer in accordance with the standards of the Village to handle surface runoff.

(c) Additional Submission Requirements. In addition to the requirements set forth in Chapter 1127, development plan submissions for Residential Open Space Conservation developments shall be accompanied by proposed easement documentation, a certified estimate of the construction costs of proposed improvements prepared by the applicant's design engineer, and a perpetual maintenance plan for all common areas, common drives, guest parking areas, and other shared facilities.

(d) Performance Guarantee Required for Improvements. Prior to the commencement of construction, each Residential Open Space Conservation development shall provide a performance guarantee to ensure completion of landscaping, hard surfacing of drives and parking areas, improvements within public rights-of-way or easements, water lines, sanitary sewer lines, storm sewers, and surface water drainage, and other improvements integral to the proposed project in conformity with approved plans. Such guarantees shall be in a form approved by the Law Director, and shall be in an amount equal to the estimated construction cost of the improvements as determined by the Village Engineer. Performance guarantees shall be submitted and approved prior to the issuance of any building permits.

(e) Compliance Required. Subsequent to the approval of a Residential Open Space Conservation development, all development or construction shall be in substantial compliance with the approved development plan and any conditions of such approval adopted by the Village. Any departure from the approved detailed development plan shall be deemed to be a violation of this Planning and Zoning Code. (Ord. 2012-21. Passed 7-11-12.)

1153.19 OPEN SPACE REQUIREMENTS.

(a) General Standards.

(1) The open space shall be located and designed to the satisfaction of the Planning Commission and shall:

A. Be sufficiently aggregated to create large areas of planned open space;

B. Conserve significant topographic and landscape natural features to the extent practicable;

C. Be accessible to residents of the Residential Open Space Conservation development;

D. Be not less than 50 feet in width at any point;

E. Be interconnected with open space areas on abutting parcels wherever possible, by open space corridors.

(2) Land area devoted to the following shall not be included as meeting the open space requirement:

A. Public rights-of-way;

B. Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the open space;

C. Required setbacks for buildings and parking areas from the project boundaries, and public streets, unless the required setback is contiguous to and part of a larger area of restricted open space;

D. Required spacing between buildings and between buildings and parking areas;

E. Private yards within subdivided lots;

F. A minimum of 15 feet between buildings and open space.

(3) Areas designated for restricted open space purposes may be:

A. Preserved in their natural state as steep slopes, wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented area; or,

B. Used for outdoor active or passive recreation for the use and/or enjoyment of the residents of the proposed development, but shall not be used for organized sports, such as tennis courts or athletic fields. Any open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.

(4) Any area within the open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.

(5) Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.

(Ord. 2012-21. Passed 7-11-12.)

(b) Prohibition of Further Subdivision of Open Space. Open space shall be prohibited from further subdivision or development by a conservation easement conveyed to a land trust or a third party, not the landowner or the Village, which is capable of accepting such conservation easement pursuant to Ohio R.C. 5301.68; which has sufficient funds and other resources dedicated to monitoring compliance with and enforcement of the conservation easement; and which can be reasonably expected to fulfill its obligations to monitor and enforce the conservation easement. The conservation easement shall be in a form acceptable to the Law Director and duly recorded in the Office of the Cuyahoga County Fiscal Officer.

(Ord. 2016-26. Passed 9-15-16.)

(c) Maintenance of Open Space. A perpetual maintenance plan for said common open space shall be submitted to the Village for review and approval by the Law Director and the Building Inspector. Said perpetual maintenance plan shall set forth responsibility for maintenance of all such common open space and describe the method of financing for said maintenance program. The perpetual maintenance plan shall become part of the development plan.

(Ord. 2012-21. Passed 7-11-12.)

1153.21 HOMEOWNERS ASSOCIATIONS.

When necessary, as part of a Residential Open Space Conservation development, a homeowners association, community association, condominium association or similar legal entity shall be created in compliance with Section 1171.01, Requirements for Owners Association, so that such association is responsible for the maintenance and control of common areas, including the common open space, open space easements, and common drives.

(Ord. 2012-21. Passed 7-11-12.)

1153.23 PHASED DEVELOPMENT.

If development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.

(Ord. 2012-21. Passed 7-11-12.)

1153.25 PLAN APPROVAL.

The applicant for a Residential Open Space Conservation development shall submit development plans in accordance with Chapter 1127, Development Plan Review Procedures with the exception that the replacement of accessory buildings and structures, including, but not limited to, garages, patios, driveways, pools and pool decks when placed in the same location as the original building or structure and do not have any single dimension or area more than 20% greater than the existing building or structure and does not deviate from the location of the existing building or structure by more than 20% may be approved by the Building Inspector when in compliance with all other applicable regulations. (Ord. 2015-14. Passed 5-3-15.)

1153.99 PENALTY.

A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.

(Ord. 2012-21. Passed 7-11-12.)

1155.01 INTENT.

The Townhouse District (U-3) and its regulations are established in order to achieve, among others, the following purposes:

(a) To regulate the density and distribution of the population to avoid congestion and maintain adequate services;

(b) To promote the most desirable and beneficial use of the residential land in accordance with the Comprehensive Land Use Plan;

(c) To regulate the bulk and location of dwellings in relation to the land, in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district; and,

(d) To enable the development of single-family attached dwellings in appropriate locations.

(Ord. 2013-05. Passed 6-12-13.)

1155.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1155.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1155.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1177 have been met, according to the procedures set forth in Chapter 1129, Certificates.

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1155.03 shall be permitted provided that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

(d) Compliance with Standards. Although a use may be indicated as a permitted principal, conditional, or accessory use in a particular district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.

(Ord. 2012-21. Passed 7-11-12.)

(f) Schedule 1155.03 Permitted Uses.

Schedule 1155.03 Permitted Uses
	U-3 Townhouse District
(1) Residential/Lodging
A. Single-family dwelling, detached(a)	P
B. Single-family dwellings, attached	P
C. Family day care home for 1-6 children (Type B)	P
(2) Group Residential/Other
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
C. Solar Energy Systems	C
(3) Accessory Uses(b)
A. Detached accessory buildings, including garages	A
B. Fences, walls	A
C. Home occupation (c)	A
D. Off-street Parking	A
E. Other accessory structures	A
F. Private swimming pools(e)	A
G. Signs(d)	A
Notes to Schedule 1155.03: (a) Single-family detached dwellings shall comply with the applicable regulations in the DH, Dwelling House District. (b) See Section 1155.13, Accessory Use Regulations. (c) As further regulated by Section 1151.13(r). (d) As further regulated by Chapter 1183, Sign Regulations. (e) As further regulated by Chapter 1171, General Use Regulations P = Use Permitted by right C = Conditional Use A = Accessory Use Blank cell = Use not permitted in district

(Ord. 2013-05. Passed 6-12-13.)

1155.05 AREA AND DENSITY REGULATIONS.

Land area shall be divided and developed, and buildings shall be erected, altered, moved or maintained in the Townhouse District only in compliance with the following area regulations.

(a) Minimum Development Area. The gross area of a tract of land shall not be less than five (5) acres. The entire tract of land to be developed shall be considered one zoning lot.

(b) Maximum Density. The residential density of a townhouse development shall not exceed the number of dwelling units per acre set forth in Schedule 1155.05.

(1) Calculating Units. The total number of dwelling units permitted shall be calculated by multiplying the total project area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.

(c) Maximum Coverage by Building. The maximum coverage of the lot, for all areas covered by buildings shall not exceed the percentage of the total area of the development project set forth in Schedule 1155.05.

(d) Maximum Lot Coverage. The maximum coverage of the lot, for all areas covered by buildings and impervious surfaces, shall not exceed the percentage of the total area of the development project set forth in Schedule 1155.05.

(Ord. 2012-21. Passed 7-11-12.)

(e) Schedule 1155.05 Lot Regulations.

Schedule 1155.05 Lot and Density Regulations
	U-3 Townhouse District
(1) Maximum land area per dwelling unit	7000 square feet
(2) Maximum dwelling units per acre	6
(3) Maximum lot coverage by buildings	25%
(4) Maximum lot coverage	60%

(Ord. 2013-05. Passed 6-12-13.)

1155.07 SETBACK AND FLOOR AREA REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setbacks as set forth in Schedule 1155.07, except as otherwise regulated for single-family detached dwelling as provided for in this Chapter. The area within any setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(b) Building Spacing. The minimum distance separating buildings shall be not less than the distance set forth in Schedule 1155.07. (Ord. 2012-21. Passed 7-11-12.)

Schedule 1155.07 Minimum Principal Building Setbacks and Spacing
	U-3 Townhouse District
(1) Minimum Front Setback from the edge of the public street right-of-way line abutting the property owner’s property	40 feet or Width of the setback building line shown on the Zoning Map, whichever is greater
(2) Minimum Building Setback from:
A. Project boundary lines abutting the U-1 District	40 feet
B. Project boundary line abutting all other districts	25 feet
(3) Minimum Building Separation(a)
A. Main wall to main wall	40 feet
B. Main wall to end wall	25 feet
C. End wall to end wall	20 feet
(a) The Planning Commission may permit a reduction in these spacing requirements when it determines that adequate privacy is provided through the use of landscaping, architectural features, or other similar means of insuring privacy.

(Ord. 2015-15. Passed 5-13-15.)

(e) Definitions. The following definitions shall apply to terms used in this Section:

(1) Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.

(2) End Wall. The outside walls other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.

(f) Projections into Required Setbacks. Projections into required setbacks shall comply with the regulations in Section 1151.11.

(g) Floor Area. The gross floor area of each dwelling unit shall be 1,500 square feet.

(Ord. 2012-21. Passed 7-11-12.)

1155.09 HEIGHT REQUIREMENTS.

All buildings and structures in the U-3 Townhouse District shall comply with the following height regulations:

(a) The maximum height for principal buildings or structures in the Townhouse District shall not exceed twenty-five (25) feet.

(b) The maximum height of accessory building or structures shall not exceed nine (9) feet as measured from the natural grade to the eave line.

(Ord. 2013-05. Passed 6-12-13.)

1155.11 OFF-STREET PARKING AND DRIVEWAY REGULATIONS.

(a) Off-street parking areas shall conform to the regulations of Chapter 1179 and to the parking requirements set forth below:

(1) Schedule 1155.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted. The area within the parking setbacks shall remain unobstructed by structures except as otherwise permitted in this Code. (Ord. 2012-21. Passed 7-11-12.)

Schedule 1155.11 Minimum Parking Setbacks
	U-3 Townhouse District
(1) Minimum Setback from Street ROW	30 feet
(2) Setback from Side and Rear Lot lines	10 feet

(2) The area within the parking setback shall be landscaped in accordance with Chapter 1175, Landscaping and Screening Regulations.

(3) Off-street parking spaces shall be provided in compliance with Chapter 1179, Off-Street Parking Regulations.

(b) Driveways shall be constructed in accordance with standards established by the Village Engineer and the standards set forth in Section 1179.13(a) of these Codified Ordinances, “Grading and Pavement”. (Ord. 2017-16. Passed 5-10-17.)

1155.13 ACCESSORY USE REGULATIONS.

Any accessory use permitted the Townhouse District may occupy a part of the principal building, occupy a separate accessory structure or constitute an accessory land use. Accessory uses or structures shall comply with the following:

(a) Fence and Wall Regulations. Fences and walls shall comply with the approved development plan. When a fence or wall is proposed at a separate time from any other development for new construction, additions or site renovation, a fence or wall may be approved in accordance with Section 1175.17, Approval Process for Required Landscaping, Fences, and Walls.

(b) Swimming Pools. Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and coverage requirements set forth in this Chapter and the supplemental regulations set forth in Chapter 1171, General Use Regulations.

(c) Minimum Setbacks for Accessory Buildings and Uses. Accessory buildings including garages, carports and recreation facilities, and active recreation areas such as a swimming pool or tennis court which is intended for use by the residents of the residential development shall comply with the minimum setbacks set forth below:

(1) The minimum setback from the public right-of-way for such accessory buildings and uses shall be equal to the setback of the principal building.

(2) The minimum setback from a side or rear lot line abutting another townhouse or non-residential district shall be ten (10) feet.

(3) The minimum setback from the side or rear lot line abutting a U-1 district shall be twenty (20) feet.

(d) Driveways and access drives shall be setback three (3) feet from side property lines, unless a shared driveway is provided. Driveways may be adjacent to the lot line if a common driveway is provided for two adjoining lots, subject to the provision of a recorded legal instrument which guarantees access to the drive and which assigns responsibility for maintenance of the drive. Cross-access easements or other acceptable agreements for adjacent lots with shared driveways shall be submitted and be acceptable to the Village's Law Department and the Planning Commission to insure availability to users.

If a boundary of the townhouse development abuts a U-1 District, the driveway or access drive shall be setback ten (10) feet from side lot lines.

(Ord. 2012-21. Passed 7-11-12.)

1155.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscaping shall be provided in accordance with the provisions set forth in Chapter 1175, Landscaping and Screening Regulations.

(Ord. 2012-21. Passed 7-11-12.)

1155.17 DESIGN GUIDELINES.

(a) Sidewalks. Sidewalks shall connect each building entrance to the parking area serving that building, to other buildings on-site, to recreational facilities that are provided as part of the development and uses, as appropriate, on adjacent lots and to any public sidewalk.

(b) Character. For all newly constructed principal buildings, the design, scale, and building materials shall be residential in character.

(c) Screening Mechanical Equipment. All ground mounted mechanical equipment shall be screened as set forth in Section 1175.13, Screening of Accessory Uses. All roof top equipment shall be enclosed in building materials that match the structure or which are visually compatible with the structure.

(d) Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.

(Ord. 2012-21. Passed 7-11-12.)

1155.19 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1155.11 and shall be screened in accordance with the provisions set forth in Chapter 1175, Landscaping and Screening Regulations.

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1171, General Use Regulations.

(c) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(d) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

(e) Additional Regulations for Vehicles.

(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited.

(2) The parking or storing of vehicles shall not be permitted in established lawn areas.
(Ord. 2012-21. Passed 7-11-12.)

1155.21 DEVELOPMENT PLAN REVIEW.

All uses in the Townhouse District shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.
(Ord. 2012-21. Passed 7-11-12.)

1155.99 PENALTY.

A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.

(Ord. 2012-21. Passed 7-11-12.)

1157.01 INTENT.

The Retail Business District (U-2) and its regulations are established in order to achieve, among others, the following purposes:

(a) Provide appropriate areas for local business activities and local shopping facilities providing goods and services which bear a proximate relationship to the requirements of the community as a whole, and which are compatible with the residential character of the community and with each other;

(b) Protect adjacent residential and business developments and the general public by restricting the types of uses, particularly at the common boundaries, which would create hazard, noise, glare, odors or other objectionable influences;

(d) Promote the most desirable land uses within a U-2 Retail Business District so as to protect and promote the development of the community primarily for single-family residence purposes.

(Ord. 2013-05. Passed 6-12-13.)

1157.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1157.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1157.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1177 have been met, according to the procedures set forth in Chapter 1129, Certificates.

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1157.03 shall be permitted provided that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

(Ord. 2012-21. Passed 7-11-12.)

(f) Schedule 1157.03 Permitted Uses.

Schedule 1157.03 Permitted Uses (a)
	U-2 Retail Business District
(1) Office and Professional Services
A. Administrative, business and/or professional office	P
B. Bank and other financial institutions	P
C. Medical/dental office	P
(2) Retail and Services
A. Retail establishment	P
B. Restaurant, indoor	P
C. Service establishment, business	P
D. Service establishment, personal	P
E. School, specialty/personal instruction	P
(3) Accessory Uses (d)
A. Accessory buildings/structures(b)	A
B. Fences, walls(b)	A
C. Off-street parking facility	A
D. Restaurant, outdoor seating	C
E. Solar Energy Systems	C
F. Signs(c)	A
Notes to Schedule 1157.03: (a) All operations, including storage, shall take place in a principal and/or an accessory building, except off-street parking & loading, unless otherwise specifically permitted in this Code. (b) As further regulated by Section 1157.11. (c) As further regulated by Chapter 1183. (d) Accessory uses customarily incidental to a permitted principal use provided the same shall have no injurious effect upon adjoining buildings and uses. P = Use Permitted by right C = Conditional Use A = Accessory Use Blank cell = Use not permitted in district

(Ord. 2013-05. Passed 6-12-13.)

1157.05 SETBACK REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as well as the required side and rear setbacks set forth in Schedule 1157.05, measured from the appropriate lot line, except as otherwise regulated in Chapter 1177, Conditional Use Regulations, for conditional uses. The area within the setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(Ord. 2012-21. Passed 7-11-12.)

(b) Schedule 1157.05. Minimum Building Setbacks.

Schedule 1157.05 Minimum Building Setbacks
	U-2 Retail Business
(1) Minimum Front Setback from the public street right-of-way line abutting the property owner’s property	40 feet
(2) Minimum Setback from Side Lot line abutting nonresidential dist.	3 feet (a)
(3) Minimum Setback from Rear Lot line abutting nonresidential dist.	3 feet
(4) Minimum Setback from Side & Rear Lot line abutting residential dist.	10 feet
Notes to Schedule 1157.05: (a)Except when buildings share a common wall, then there shall be no setback required.

(Ord. 2015-15. Passed 5-13-15.)

1157.07 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

(a) The maximum height for principal buildings or structures in the Retail Business District shall not exceed two and one-half (2.5) stories and thirty-five (35) feet. The maximum height for accessory buildings or structures in the Retail Business District shall not exceed two stories and twenty-five (25) feet.

(b) Chimneys, church spires, flagpoles, radio antenna, lighting towers or poles and similar mechanical appurtenances may be erected above the height restriction, provided that in each case the approval of the Planning Commission shall first be obtained upon being satisfied that such appurtenance shall not constitute a hazard or nuisance of any kind. (Ord. 2016-27. Passed 9-15-16.)

1157.09 OFF-STREET PARKING AND DRIVEWAY REGULATIONS.

(a) Off-street parking areas shall conform to the regulations of Chapter 1179 and to the parking requirements set forth below:

(1) Schedule 1157.09 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted.

Schedule 1157.09 Minimum Parking Setbacks
	U-2 Retail Business
A. Minimum Setback from Street ROW	10 feet
B. Setback from Side and Rear Lot line abutting nonresidential dist.	10 feet
C. Setback from Side and Rear Lot line abutting residential dist.	10 feet

(2) The area within the parking setback shall be landscaped in accordance with Chapter 1175, Landscaping and Screening Regulations.

(3) Off-street parking spaces shall be provided in compliance with Chapter 1179, Off-Street Parking Regulations.

(b) Loading and Service Areas.

(1) Off-street loading and service areas shall be provided in compliance with the regulations in Chapter 1179, Off-street Parking Regulations.

(2) Loading and service areas in the Retail Business District shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent residential uses.

(3) Loading and service areas shall comply with the applicable parking setback requirements set forth in Schedule 1157.09, and service areas shall be screened in accordance with the provisions set forth in Chapter 1175, Landscaping and Screening Regulations.

(c) Driveways shall be constructed in accordance with standards established by the Village Engineer and the standards set forth in Section 1179.13(a) of these Codified Ordinances, “Grading and Pavement”. (Ord. 2017-16. Passed 5-10-17.)

1157.11 ACCESSORY USE REGULATIONS.

(a) Fences and Walls. Fences and walls may be erected in the Retail Business District in compliance with the requirements set forth below.

(1) Location.

A. Fences may be built up to, but not on, the property line, and shall be located entirely on the property of the person constructing it, except property owners, with written permission from abutting property owners, may connect to fences on adjoining properties.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within twenty (20) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of way;

3. At the intersection of any two driveways.

C. All fences shall comply with Section 1171.11, Visibility at Intersections.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.

B. No fence shall be electrified or topped with barbed wire.

C. Only ornamental fences shall be permitted in front of a building, unless required for screening pursuant to Chapter 1175, Landscaping and Screening Regulations, or provided for outdoor dining pursuant to Section 1177.11 (e).

D. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(3) Height. No fence shall exceed six (5) feet in height in any rear or side yard, or exceed three (3) feet in height when located in front of a building or in yards abutting a public street right-of-way, unless otherwise required by this Planning and Zoning Code.

(4) Screening and Landscaping.

A. Screening and landscaping is not required for ornamental fences.

B. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

1. Fences that are located within required building and parking setbacks shall be considered appropriately screened when the landscaping required in Section 1175.07, Landscaping along the Street Frontage and Parking Setback, is planted within five (5) feet of the fence and between the fence and the property line.

2. Fences that are not located within the required setback areas shall be screened with the following landscape materials, planted not more than five (5) feet from the fence and between the fence and the property line:

a. One shade tree shall be provided for every thirty (30) linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet;

b. One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,

c. The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) All fences shall be maintained in good condition, be structurally sound, and attractively finished at all times.

(6) Any proposed fence shall be submitted for approval as part of Development Plan Review in accordance with Chapter 1127.

(b) Accessory Buildings. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1157.09. All other buildings shall be considered principal buildings and shall conform to all setback regulations and development plan review and approval requirements of the Retail Business District.

(Ord. 2012-21. Passed 7-11-12.)

1157.13 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in non-residential districts in accordance with the provisions set forth in Chapter 1175, Landscaping and Screening Regulations. (Ord. 2012-21. Passed 7-11-12.)

1157.15 DESIGN GUIDELINES.

(a) Purpose. The buildings in the Village's Business Districts help to define Moreland Hills's built environment. Enhancing the quality and compatibility of these buildings and thereby protecting the character of these areas is of utmost importance.

The guidelines set forth below are intended to achieve among others the following purposes:

(1) To strengthen, protect, enhance and improve the existing visual and aesthetic character of the Retail Business District;

(2) To protect and enhance property values; and,

(3) To provide guidelines for property owners, architects, and contractors to aid in the preparation of appropriate plans.

(b) Applicability of Regulations. In addition to the development standards set forth in this Chapter, the design guidelines set forth in this Section shall apply to the exterior appearance and design of all new construction and exterior building renovations in the Retail Business District.

(c) Exceptions. The Planning Commission, upon a recommendation from the Architectural Reviewer, is authorized to grant an exception to the Design Guidelines contained in this Section if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot, or due to the location or design of existing structures, or other features, the application of the design guidelines would be unreasonable.

(1) In determining whether to grant an exception, the Architectural Reviewer and the Planning Commission shall consider:

A. The Comprehensive Land Use Plan;

B. The purposes of the Zoning District;

C. The intent of the guideline from which the exception is requested; and,

D. Whether the intent of the guideline may be met by an alternate means.

(2) The Planning Commission may grant a complete exception from the guideline, or it may modify the guideline in view of the peculiarities of the site. Any modification of the guideline shall be considered an "exception." An exception shall be granted or denied in writing.

(3) The applicant shall obtain development plan approval incorporating the exception within one (1) year of the grant, or the exception will expire.

(d) Design Guidelines.

(1) Pedestrian activity shall be encouraged and safe pedestrian connections shall be provided between buildings, in a multi-building development, and between principal buildings, their parking lots, and public sidewalks.

(2) Buildings and principal building entrances shall be oriented toward the public street so as to define the street edge and contribute to a dynamic pedestrian and street environment.

(3) Blank walls, those devoid of openings such as transparent windows and transparent doors, shall not be permitted on the front facade of any building.

(4) Any part of the building, which is not the front façade, that is visible from a private right-of-way, parking area, or public circulation area shall have no more than twenty-five percent (25%) of the wall length, not to exceed fifty (50) feet, of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays, or an undulation of the building so that a pedestrian scale, rhythm, and visual interest is created.

(5) Materials within three (3) feet of the finished grade or sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic. No stucco (commonly known as "dry vit" or E.F.I.S.) or similar materials shall be permitted within three (3) feet of the finished grade.

(6) All roof top equipment shall be concealed in building materials that match the structure or shall be painted to be visually compatible with the structure.

(Ord. 2012-21. Passed 7-11-12.)

1157.17 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1157.09 and shall be screened in accordance with the provisions set forth in Chapter 1175, Landscaping and Screening Regulations.

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1171, General Use Regulations.

(c) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(d) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food in the Retail Business District.

(e) Overhead Utility Lines. All utility lines, electric, telephone, cable, TV lines, etc., shall be placed underground.

(Ord. 2012-21. Passed 7-11-12.)

1157.19 DEVELOPMENT PLAN REVIEW.

All uses in the Retail Business District shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

(Ord. 2012-21. Passed 7-11-12.)

1157.99 PENALTY.

A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.

(Ord. 2012-21. Passed 7-11-12.)

1159.01 PURPOSE.

The purpose of this Chapter 1159 is to authorize the Village Council and Planning Commission to approve one or more Planned Developments within the boundaries of the specific area of the Village described in Section 1159.03(a) below. Included within the purpose of this Chapter are the following:

(a) To implement the goals, policies, and strategies of the Village Comprehensive Land Use Plan by allowing a limited mix of dwelling types in a carefully designed, high quality residential environment in this specific area. Planned development was recommended in the master plan for this specific area of the Village.

(b) To encourage development of this specific area of the Village - which is unique in terms of location, accessibility, proximity to public facilities and commercial services, and limited impact on other parts of the Village - in a manner which generates maximum benefit for the community in terms of housing opportunities, development value, and tax revenues.

(c) To encourage residential development which responds to the needs and interests of Village residents seeking alternative residential opportunities within the Village while maintaining the predominant large lot residential character of the community.

(d) To permit a potential dwelling unit density of up to approximately four (4.0) units per acre based on the residential and open space portions of the Planned Development consistent with the unique conditions in this area of the Village, in consideration of the potential for community benefits which may accrue from such development, and subject to the more stringent requirements for common open space, architectural control, buffering of abutting uses and other requirements imposed upon a Planned Development by this Chapter and through the specified review and approval process.

(e) To permit and encourage a creative and cohesive plan of residential development under more flexible guidelines than applicable to conventional residential subdivisions.

(f) To establish planned development standards which both protect the established development pattern, value and function of the community and surrounding properties and make it possible to pursue the other objectives set forth in this Chapter.

(g) To require a more detailed process of review, including public hearings, as appropriate for consideration of plans reflecting this unique development concept.

(h) To encourage the efficient use of land by facilitating economical and suitable arrangements for buildings, streets, utilities and other land use features.

(i) To encourage the utilization of open space and the development of recreational amenities appropriate for and easily accessible to all dwellings in the development.

(j) To require and facilitate preservation of existing natural assets and site features and minimize alteration of environmentally sensitive areas, including, but not limited to, steep slopes, wetlands, riparian corridors, ravines, significant stands of trees, and individual trees of significant size.

(Ord. 2016-19. Passed 7-13-16.)

1159.02 REGULATIONS APPLICABLE TO THE CHAGRIN NORTHWEST RESIDENTIAL AND PLANNED DEVELOPMENT CONSERVATION DISTRICT.

All land located within the Chagrin Northwest Residential and Planned Development Conservation District as described in Section 1159.03(a) shall be regulated by the provisions of Chapter 1151 U-1 Dwelling House District Regulations and all other provisions of this Planning and Zoning Code applicable to the U-1 Dwelling House District. All land located within the District shall be permitted to apply for Planned Development subject to the provisions set forth in this Chapter.

(Ord. 2016-19. Passed 7-13-16.)

1159.03 QUALIFYING CONDITIONS FOR PLANNED DEVELOPMENT.

A property shall only be eligible to apply for approval of a Planned Development if in compliance with the following minimum qualifying conditions. Before the property is approved for Planned Development, the proposed plan shall also comply with all other provisions and procedures set forth in this Chapter. The minimum qualifying conditions include:

(a) The property or group of properties shall be wholly located within the area described as follows:

The area of the Village of Moreland Hills containing the properties having the following permanent parcel numbers:

PPN 91201001

PPN 91201003

PPN 91201002

PPN 91201004

PPN 91201011

PPN 91201005

PPN 91201012

(b) Property which is not wholly located within the area described in subsection (a) above shall not be permitted to apply for planned development.

(c) Ownership and Control: The land for which a Planned Development application is submitted must be either in single ownership or the subject of an application filed collectively by all owners of the properties intended to be included within the Planned Development.

(d) The property for which a Planned Development application is filed shall total at least eighteen (18) acres of land exclusive of existing public rights-of-way. All properties included within the total area shall be contiguous and shall not be separated by existing public roads or other areas which limit use for purposes of the Planned Development. The total aggregate of frontage on Chagrin Boulevard shall be at least two hundred feet (200'). (Ord. 2016-19. Passed 7-13-16.)

1159.04 GENERAL STANDARDS FOR PLANNED DEVELOPMENT.

(a) Chagrin Boulevard Frontage Design Standards. The design of any Planned Development shall contribute to the efficient function and valuable appearance of Chagrin Boulevard by complying with the following:

(1) Vehicular access to and from properties shall be provided by a limited number of new access roads intersecting with Chagrin Boulevard.

(2) Direct access to and from Chagrin Boulevard from a lot with frontage thereon shall only be permitted where it is found that it is not feasible to provide access for that lot from the approved new access roads.

(3) All structures shall be set back at least one hundred feet (100') from the Chagrin Boulevard right-of-way.

(4) All parking, drives and other vehicular facilities shall be set back at least seventy-five (75') from the Chagrin Boulevard right-of-way.

(5) A landscaped area shall be designed, installed, and maintained extending along the entire Chagrin Boulevard frontage to a depth at least seventy-five feet (75') therefrom. A detailed plan for the landscaped area shall be provided by the applicant as part of the Planned Development review process.

(b) Common Open Space Requirements.

(1) Common Open Space. For purposes of the Planned Development requirements, "common open space" is defined as an area of land designed and intended for the perpetual use and enjoyment of the users of the development and/or the general public. Common open space may contain accessory structures and improvements necessary or desirable for educational, noncommercial, recreational or cultural uses.

(2) General Standards. Common open space shall be located and designed to the satisfaction of the Planning Commission and shall:

A. Be sufficiently aggregated to create large areas of planned open space;

B. Conserve significant topographic and landscape natural features to the extent practicable;

C. Be accessible to residents of the Planned Development;

D. Be not less than fifty (50) feet in width at any point;

E. Be interconnected with open space areas on abutting parcels wherever possible, by open space corridors.

F. The preferred features of required open space, as appropriate for the conditions of a specific Planned Development include: centrally located; along the street frontage of the development to protect or enhance views as set forth in Section 1159.04(a) (5); located to preserve significant natural features; and/or located to interconnect other open spaces throughout the development or on contiguous properties.

G. Required open space areas shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of these regulations and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yards of those lots abutting it.

H. If the site contains a lake, stream or other body of water, the Planning Commission may require that a portion of the required open space shall abut the body of water.

I. All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents of the Planned Development, visitors and other users of the development.

(3) Minimum Required Open Space Area. At least twenty percent (20%) of the total land area of the planned development shall be designated and used as common open space. The required area of common open space may include all or part of the minimum landscaped area required on the Chagrin Boulevard frontage (see section 1159.04(a)(5)) provided that it shall not constitute more than 25% of the total required common open space.

(4) Land area devoted to the following shall not be included as meeting the open space requirement:

A. Proposed new or existing public rights-of-way.

B. Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the open space.

C. Required setbacks for buildings and parking areas from the project boundaries, and public streets, unless the required setback is contiguous to and part of a larger area of restricted open space; except that the minimum landscaped area required on the Chagrin Boulevard frontage (see section 1159.04(a)(5)) may be included as up to 25% of the total required common open space.

D. Required spacing between buildings, such as in clustered areas without lots or condominiums, and parking areas.

E. Private yards within subdivided lots.

(5) Areas designated for common purposes must be:

A. Preserved in their natural state as steep slopes, wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented area; or,

B. Used for outdoor active or passive recreation for the use and/or enjoyment of the residents of the proposed development, but shall not be used for organized sports, such as tennis courts, swimming pools, or athletic fields. Any open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.

(6) Any area within the open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.

(7) Such open space, including any recreational facilities proposed to be constructed in such open space, shall be clearly shown on the Planned Development plan.

(8) Prohibition of Further Subdivision of Open Space. Open space shall be prohibited from further subdivision or development and required to remain in its natural state by a deed restriction in a form acceptable to the Law Director and duly recorded in the Office of the Cuyahoga County Fiscal Officer. Such open space shall be identified as separate parcel(s) on the plat and shall be noted in covenants and deed restrictions.

(9) Maintenance of Open Space. A perpetual maintenance plan for the common open space shall be submitted to the Village for review and approval by the Law Director and the Building Official. The perpetual maintenance plan shall set forth responsibility for maintenance of all such common open space and describe the method of financing for the maintenance program. The perpetual maintenance plan shall become part of the Final Development Plan.

(c) Landscaping and Buffers. Except as otherwise provided in this Chapter 1159, the provisions of Chapter 1175, Landscaping and Screening Regulations, shall apply to Planned Development.

(d) Environmental Regulations. The provisions of Chapter 1173, Environmental Regulations shall apply to Planned Development.

(e) Infrastructure.

(1) Subdivision Improvements. All areas of a Planned Development shall comply with the provisions of Title Three - Subdivision Regulations of this Planning and Zoning Code Utilities provided that after receipt of a recommendation from the Planning Commission, Council may approve variances to the Subdivision Regulations as provided in Section 1111.41, Variances.

(2) Public Utilities. The applicant for a Planned Development shall demonstrate the availability of public water and public sanitary sewer with sufficient capacity to serve the proposed development and shall demonstrate the capacity to finance and construct any necessary off-site improvements.

(3) Public Streets. All streets shall be dedicated public streets except as required by Chapter 1111 after receipt of a recommendation from the Planning Commission, Council may approve creation of limited private streets such as short cul-de-sacs or streets serving clustered dwellings subject to suitable guarantees for operations, maintenance, and replacement of such private streets. Provisions for future street extensions to abutting properties may be required.

(4) Pathways for bicycles and pedestrians shall be incorporated throughout the planned development and along all existing and new streets to ensure connectivity between uses, common open spaces, and with adjacent properties.

(f) Vehicular and Pedestrian Access. Roadway/street systems, service areas, parking areas, entrances, exits and pedestrian walkways within the development shall be designed in a manner that minimizes traffic hazards and congestion.

(g) Homeowners Association. Upon approval of a Planned Development, a homeowners association, community association, condominium association or similar legal entity shall be created in compliance with Section 1171.01, Requirements for Owners Association, so that such association is responsible for the maintenance and control of common areas, including the common open space, open space easements, common drives, storm water facilities, and any other features deemed necessary by Village Council in approval of the Planned Development.

(Ord. 2016-19. Passed 7-13-16.)

1159.05 SPECIFIC STANDARDS FOR PLANNED DEVELOPMENT USES.

(a) Uses.

(1) Uses Permitted By Right. A use listed in Schedule 1159.05(a) (shall be permitted by right as a principal use in the PD when denoted by the letter "P" provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met;

(2) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1159.05(a) shall be permitted provided that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.

(3) Conditional Uses. A use listed in Schedule 1159.05(a) shall be permitted as a conditional use in the PD when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1177, Conditional Use Regulations, have been met, according to the procedures set forth in Chapter 1129, Certificates.

(4) Compliance with Standards. Although a use may be indicated as a permitted principal or accessory use in the District, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question.

(5) Use Not Listed in Schedule. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in the District and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1133 or upon a finding that a use is substantially similar as provided in Chapter 1171.

(6) Schedule 1159.05(a) Permitted Uses.

Schedule 1159.05(a) Permitted Uses Northwest Chagrin Residential & Planned Development Conservation District
(1) Residential
A. Single-family dwelling, detached	P
B. Family day care home for 1-6 children (Type B)	P
C. Cluster Single-family detached dwellings	P
D. Single-family dwellings, attached	P

(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
(3) Community Facilities/Institutions
A. Public park	C
B. Solar Energy Systems	C
(4) Accessory Uses
A. Detached accessory buildings, including garages and sheds (a)	A
B. Fences, walls (a)	A
C. Home occupation (a)	A
D. Other accessory structures (a)	A
E. Private recreational facilities such as tennis courts and swimming pools (a)	A
G. Signs (b)	A
H. Parking shall be provided conforming to the parking regulations in Chapter 1179	A
Notes to Schedule 1159.05(a): (a) See Section 1151.13 Accessory Uses and Structures. (b) As further regulated by Chapter 1183, Sign and Billboard Regulation P = Use permitted by right; A = Accessory use; C = Conditional use; Blank cell = Use not permitted in district.

(b) Dwelling Standards.

(1) Maximum Dwelling Units.

A. The potential maximum number of dwelling units which may be permitted in a Planned Development shall be calculated as follows:

1. Determine total area of proposed Planned Development in acres.

2. Subtract acres in existing and proposed public rights-of-way.

3. Multiply difference by 4.

4. The product is the potential maximum number of units which may be permitted in the Planned Development.

B. The number of dwelling units approved in a Planned Development shall be recommended by the Planning Commission subject to approval by Village Council based on compliance with the provisions of this Chapter and with all other applicable regulations of the Village. The approved number of dwelling unit may be less than, but not greater than, the potential maximum number of dwelling units calculated above.

(2) Standards for Permitted Dwelling Types. Only the dwelling types listed in the use table at Section 1159.05(a) may be permitted in the Planned Development. They shall comply with the standards listed below.

Table 1159.05(b)(2)
Dwelling Type		Minimum Unit Setback from Public or Private Street	Minimum Yards
			Front	Side	Rear
Detached single family (2)	Minimum lot 10,000 square feet, minimum width 80 feet, minimum depth 125 feet	40	40	10	40
Attached single family (1)	Maximum four (4) units may be attached in one building. Building separations: minimum 25 feet between sides, 50 feet rear to rear and rear to side. Attached single family units shall be not more than 30% of total units approved in the Planned Development	25	25	na	25
Single family detached cluster (3)	Detached cluster dwellings 1.0 or 1.5 stories in height shall be separated at least 15 feet; dwellings 2.0 stories or higher shall be separated 20 feet from all other dwellings	25	25	na	25
Additional Setbacks Standards: Except as specifically addressed in Section 1159.04(a)(3) for the areas fronting Chagrin Boulevard, all structures shall be setback from the exterior boundaries of a planned development which abut lots which are platted for and/or occupied by dwellings a distance of at least seventy feet (70')
Notes: (1) As defined in Section 1123.03(27) (2) As defined in Section 1123.03(29) (3) As defined in Section 1123.03(28)

(3) Dwelling Height Standards. All dwellings in a Planned Development shall comply with the following height regulations:

A. The height of principal buildings and structures shall not exceed 2 and one-half (2.5) stories and thirty-five (35) feet.

B. The height of residential accessory buildings and structures shall not exceed nine (9) feet as measured from the grade to the eave line for at least fifty percent (50%) of the perimeter of each building.

(4) Minimum Dwelling Floor Areas. All dwellings shall have a habitable floor area of at least 1,500 square feet.

(5) Minimum Dwelling Width. The width of a dwelling shall be at least 28 feet.

(1) The applicant for a Planned Development shall prepare and submit for approval an architectural design program which illustrates and describes the intended designs, or typical designs, of all proposed buildings, including illustrations of facades, roof lines, floor plans, and exterior materials. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings, and the number, size and type of dwelling units.

(2) Review Standards The architectural design program shall be reviewed with the assistance of the Village Architectural Reviewer utilizing at a minimum the applicable standards and guidelines set forth in Chapter 1127.

(3) A diversity of compatible and complementary dwelling façade designs shall be presented to promote aesthetically attractive neighborhoods and to prevent excessive similarity in appearance among dwellings.

(4) The Planning Commission may require the developer to provide standards for dwellings including, but not limited to, minimum and maximum floor areas, minimum and maximum dwelling widths, maximum lot coverage, and policies for the orientations and relationships among dwellings, particularly in attached and cluster configurations.

(Ord. 2016-19. Passed 7-13-16.)

1159.06 PROCEDURES FOR APPLICATION, REVIEW, AND APPROVAL OF PLANNED DEVELOPMENT.

(a) Pre-Application Conference. The applicant for a planned development is encouraged to request a meeting with the Building Inspector prior to submitting an application for the purposes of reviewing the applicable regulations and to obtain other information relevant to the proposal.

(b) Preliminary Development Plan.

(1) Application. An application for a planned development shall be submitted to the Planning Commission by the owner, owner's authorized representative or option holder of the property that is the subject of the application. The application shall be submitted in the form of a letter of request along with a fee and deposits established by the Village Council, and a Preliminary Development Plan and narrative containing the information specified below. The Building Inspector shall review all application materials submitted and determine if they are complete.

A. Preliminary Development Plan. A Preliminary Development Plan shall be submitted and include the following:

i. Name, address, phone number and email address of the applicant.

ii. Name, address, phone number and email address of the professional or firm that prepared the plan.

iii. Legal description of the property.

iv. North arrow, scale and title block.

v. General location map.

vi. Property boundary survey.

viii. Adjacent buildings and structures within two hundred (200) feet of the property boundaries.

ix. All perimeter streets abutting the property, including right-of-way width.

x. Existing topographic conditions (two foot intervals).

xi. Existing natural features (woods, ponds, streams, wetlands, areas subject to the Environmental regulations of Section 1173.

xii. Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan.

xiii. Uses proposed within the planned development and general locations.

xiv. Numbers and types of dwelling units proposed and locations.

xv. Conceptual layout of the development illustrating the general location of interior streets, access points to abutting streets, common open spaces, areas to be developed by type of use, parking areas and easements.

xvi. Perspective sketches or photographs of representative building types, illustrating the proposed architectural styles and building materials.

xvii. A survey of all trees on the site and on property lines thereof, prepared by a registered arborist, identifying the locations, species and condition of all trees having a diameter at breast height of twelve (12) inches or greater.

xviii. Any other information, including but not limited to the requirements of Chapter 1127 deemed necessary by the Planning Commission to determine the character of the proposed development and compliance with these regulations.

B. Project Narrative. A written statement shall be submitted, providing the following information:

i. Statement of how the Planned Development meets each of the Qualifying Conditions specified in Section 1159.03

ii. Identification of the present owners of all land within the proposed project

iii. Explanation of the proposed character of the Planned Development, including a summary of acreage by use, number and type of dwelling units, the maximum number of dwelling units calculated as provided in section 1159.05(b)(1)A, area and percent of the project area to be preserved as common open space, minimum lot sizes by type of use

iv. A complete description of any requested modifications of minimum requirements or variances in accordance with Section 1159.06(f), from the minimum spatial or other requirements applying to the property.

vi. A general description of the proposed development schedule and anticipated phases.

vii. Intended agreements, provisions and covenants to govern the use of the planned development, and any common open space areas to be preserved.

(2) Planning Commission Review. Following receipt of a complete application package, the Building Inspector will cause the application materials to be forwarded to the Planning Commission for review. At the next regularly scheduled meeting after submission of a complete application and all required plans and information, the Planning Commission shall conduct a public hearing as follows:

A. Notice of hearing. The following notices shall be provided:

i. Written notice of the hearing shall be mailed by first class mail to the property owner and to the owners of the property contiguous to and directly across the street from the subject property. The notice shall be sent at least ten (10) days before the day of the hearing and shall contain the time, place and purpose of the hearing. A failure to notify, as provided in this section, shall not invalidate any proceedings or actions taken by the Planning Commission or Village Council.

ii. Notice to the general public of the Planning Commission's agenda shall be publicized in a newspaper of general circulation at least fourteen (14) days prior to the date of the hearing.

B. Public hearing. The Planning Commission shall conduct a public hearing in accordance with its rules of procedure.

C. Recommendation. Upon voting on the application, the Planning Commission shall forward its recommendation to Council that the Preliminary Development Plan be approved as presented, approved with supplementary conditions, or not approved. The recommendation shall be based on the standards of Section 1159.06(d).

(3) Village Council Action. Within sixty (60) days of receiving the recommendation from the Planning Commission, Council shall conduct a public hearing prior to taking final action on the Preliminary Development Plan.

A. Notice of hearing. Notice shall be provided in the manner set forth for the Planning Commission review above.

B. Public hearing. The Council shall conduct a public hearing in accordance with its rules of procedure.

C. Action. After the public hearing, Council shall vote to approve, approve with supplementary conditions or disapprove the Preliminary Development Plan based on the standards of Section 1159.06(d).

D. Failure of the applicant to comply with any conditions of approval shall be considered a violation of the Zoning Code and is subject to all applicable enforcement, remedies and penalties available to the Village in law or equity and as provided for in this Code.

E. Effect of Council Action. Village Council action approving a Preliminary Development Plan authorizes the applicant to prepare and submit a Final Development Plan, but not to initiate construction or take any other action. Approval of a Preliminary Development Plan shall not constitute approval of the Final Plan. Rather, it shall be deemed an expression of approval to the layout submitted on the Preliminary Plan and as a guide to the preparation of the Final Plan, which will be submitted for approval of the Village upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. Village Council action disapproving a Preliminary Development Plan shall halt any other action on the part of the Village with regard to the Plan or the Council may authorize the applicant to resubmit an amended Preliminary Development Plan.

(1) Timing. An application for Final Development Plan approval shall be filed not later than twenty four (24) months after the effective date of Village Council approval of the Preliminary Development Plan, otherwise the Preliminary Development Plan approval shall expire. One extension of up to six (6) months may be authorized by the Planning Commission for good reason and justifiable cause. The applicant must demonstrate they have made a good faith attempt to work towards a Final Development Plan submittal. The applicant shall submit the request for extension in writing to the Building Inspector who shall present the request to the Planning Commission who shall make a written determination regarding its decision to extend or deny the extension. Both the request and the determination shall be made part of the record. If the applicant fails to submit a Final Development Plan within this timeframe, the approved Preliminary Development Plan shall be deemed to have expired and the applicant must submit a new Planned Development application.

(2) Pre-application Conference. Prior to submitting a Final Development Plan application, the applicant shall schedule a meeting with the Building Inspector, Law Director, and the Village Engineer to discuss the applicable requirements and materials, compliance with conditions that may have been imposed as part of the Preliminary Development Plan approval, review procedures and the proposed Final Development Plan. No statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the Village.

(3) Application. An application for approval of the Final Development Plan shall be submitted by the property owner or owner's authorized representative. The application shall be filed in the form of a letter, along with a fee established by the Village Council, including a Final Development Plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning Commission.

A. Final Plan. A Final Development Plan, substantially consistent with the approved Preliminary Development Plan shall be submitted with the required application. The Final Plan shall contain all information, including but not limited to the requirements of Chapter 1127, deemed necessary by the Planning Commission to confirm compliance with the provisions of this Chapter and with all other applicable Village regulations. At minimum, the application for Final Development Plan shall include:

i. The proposed locations of all uses including but not limited to dwellings, open spaces, and infrastructure.

ii. A subdivision plan or other survey indicating the locations of all lots, rights-of-way, easements, and other divisions of land.

iii. A grading plan indicating existing and planned topography.

iv. A storm water facilities plan, in accordance with Chapter 973, Comprehensive Storm Water Management.

v. A landscape plan including treatment of the Chagrin Road frontage, all open spaces, major street entries and buffer areas, and typical landscape plans for dwelling units.

vi. Architectural design plans illustrating the intended character and exterior features of structures including but not limited to dwellings, accessory buildings, and fences. The Planning Commission may require that the detailed exterior design of specified buildings be submitted to the Commission for review prior to the issuance of building permits.

B. Project Narrative. A project narrative shall also accompany the application and Final Development Plan and provide the following:

i. Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership and control of development and common areas;

ii. Identification of the entity responsible for maintenance of common areas;

iii. Description of all deviations from the otherwise applicable zoning requirements;

iv. The total number of dwelling units, numbers of units by type, and locations of all units; if a phased development, totals, types and locations by phase.

v. Open space calculations, identifying the gross acreage and percent of lands to be preserved as common open space, including calculations by phase of the development, if applicable.

vi. Restrictions or requirements regarding architectural style and/or building materials;

vii. Improvements that would be the responsibility of the developer such as construction of roads, parks, utilities, pathways, sidewalks and similar elements; and

vii. An anticipated development schedule by phase, if applicable.

viii. A proposed schedule or sequence for coordination of other required approvals, including but not limited to subdivision approvals which may include simultaneous applications, reviews, and approvals subject to acceptance of such schedule by the Village.

C. The Planning Commission may require additional information beyond what is specifically required if, in its judgment, more detailed information is necessary due to the size of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site.

(4) Phased Projects. If a Planned Development is to be constructed in two or more phases, Final Development Plan approval may be granted for individual phases; provided, a complete plan for the entire Planned Development was first given Preliminary Development Plan approval and that each subsequent phase shall be submitted for Final Development Plan approval and is consistent with the approved Preliminary Development Plan. Each phase shall have adequate provision for access, parking, open space, storm water management, and other public improvements to serve the development. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.

(5) Planning Commission Review. Following receipt of a complete application package, the application materials shall be forwarded to the Planning Commission for review. The Building Inspector shall review all application materials submitted and determine if they are complete. At its next regularly scheduled meeting after submission of a complete application and all required plans and information, the Planning Commission shall consider the application and take action to approve, approve with supplementary conditions or not approve the Final Development Plan, based on the review standards of Section 1159.06(d) and the site plan review standards of Chapter 1127.

The Final Development Plan shall be approved if it conforms with the Preliminary Plan. Approval by the Planning Commission shall authorize the applicant to proceed with the Planned Development subject to all applicable regulations, conditions, and agreements. Disapproval by the Planning Commission shall halt any other action on the part of the Village with regard to the Plan unless the Commission authorizes the applicant to resubmit an amended Final Development Plan.

(6) Performance Guarantee, Development Agreement. In conjunction with the approval of a Final Development Plan, the applicant shall be required to provide a performance guarantee for all public and common improvements, in accordance with applicable subdivision regulations. A development agreement may be required to address additional issues specific to the Planned Development.

(d) Review Standards. In considering a Planned Development application, the Planning Commission shall find that the development meets all applicable requirements and qualifying conditions, as well as the following general standards:

(1) Purpose of PD. The Planned Development shall be consistent with the stated Purposes of this District, as found in Section 1159.01

(2) Qualifying Conditions. The Planned Development shall satisfy each of the Qualifying Conditions, as stated in Section 1159.03

(3) Comprehensive Plan. The Planned Development shall be consistent with the recommended future land use patterns, goals and guiding principles contained in the Village of Moreland Hills Comprehensive Land Use Plan.

(4) Surrounding Uses. The Planned Development shall be compatible with the existing and intended uses surrounding the subject property.

(5) Natural Environment. The design and layout of the Planned Development shall be harmonious with the natural character of the site and surrounding area and shall employ best management practices to ensure their conservation and shall minimize alteration of natural site features and reduce adverse impacts thereto.

(6) Public Facilities and Services. The Planned Development shall not place undue burden on the capacity of public facilities and services such as, but not limited to, roads, fire and police protection, water, sanitary sewer service and drainage.

(7) Protects Health, Safety and Welfare. The Planned Development shall not contain uses or conditions of use that may be injurious to the public health, safety or welfare.

(8) Consistent with All Applicable Standards and Requirements. The Planned Development shall conform to all applicable requirements of this Code, unless specifically modified and approved, as authorized by Section 1159.06(g)

(9) Final Development Plan. The Final Development Plan is substantially consistent with the representations made and plans shown during the Preliminary Development Plan stage of approval.

(10) Recognizable and Substantial Benefits. Approval of the planned unit development will result in a recognizable and substantial benefit to the users of the project and to the community which would not otherwise be feasible or achievable under conventional zoning districts.

(e) Commencement of Construction; Revocation of Approval. Construction shall have commenced and proceeded meaningfully toward completion within twelve months of the date of Final Development Plan approval, or approved phases thereof, in accordance with the following:

(1) For purposes of this section, meaningful progress toward completion shall mean, at a minimum, all of the following: site clearing, rough grading, and installation of infrastructure improvements: sanitary sewer, stormwater facilities including stormwater management facilities, and water mains.

(2) If construction has not commenced within twelve (12) months, the applicant may request one extension of up to twelve (12) additional months. The request shall be submitted, in writing, to the Planning Commission prior to the expiration of the original twelve (12) month time limit and shall provide reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the Planned Development. If an extension is not requested or is not submitted prior to the expiration of the original time limit, the Final Development Plan shall become null and void.

(3) Following expiration of the foregoing time limits, the Village Council may initiate proceedings to revoke approval of the Planned Development.

(f) Amendments, Approval of Minor Changes. Changes to an approved Final Development Plan shall be permitted only under the following circumstances:

(1) The holder of an approved Final Development Plan shall notify the Building Inspector of any proposed change to the approved plan.

(2) Minor changes may be approved by the Building Inspector and the Village Engineer upon determining that the proposed revision(s) will not alter the basic design nor any specified conditions or commitments imposed as part of the original approval. Minor changes are one or more of the following:

A. Reduction in building size or increase in building size up to five percent of the total approved floor area;

B. Movement of building or other structures to a location that meets all established setbacks;

C. Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;

D. Changes in building materials to a comparable or higher quality;

E. Changes in floor plans which do not alter the character of the use;

F. Changes in parking layout that do not alter the number of spaces by more than five percent of the total spaces within the parking area and do not change the location of driveways or roads providing access to the parking area.

G. Changes required or requested by a county, state or federal regulatory agency in order to conform to other laws or regulations.

(3) A proposed change to an approved Final Development Plan that does not meet one of the criteria above shall be considered an amendment to the approved Final Development Plan and a request for modification shall be submitted to the Planning Commission and reviewed in accordance with the procedures established for the Final Development Plan review and approval process.

(4) When, in the judgment of the Planning Commission, the proposed requested modification(s) substantially deviates from the approved Preliminary Development Plan, the requested modification(s) shall be reviewed by the Planning Commission as an Amended Preliminary Development Plan, and shall be reviewed in accordance with the provisions of this Chapter for the approval of a Preliminary Development Plan.

(g) Modifications.

(1) The applicant for a Planned Development shall submit, in writing, all proposed modifications from the applicable zoning requirements. Modifications may be approved by Council after Planning Commission recommendation.

(2) Modifications to the zoning regulations applicable to a Planned Development may be permitted if they will result in a higher quality and more sustainable development over what could have been accomplished through strict application of the otherwise applicable zoning regulations, consistent with the purposes of the Planned Development regulations, as expressed in Section 1159.01, and including, but not limited to, improvements in open space provision and access, environmental protection, tree/vegetation preservation, efficient provision of streets, roads and other utilities and services, or choice of living and housing environments.

(3) The provisions of Table 1159.05(b)(2) may be modified including, but not limited to, lot area and width, building setbacks, and heights, however, a modification shall not result in an increase in the number of dwellings otherwise permitted by this Chapter.

(4) As applicable to the requested modifications, the provisions of Sections 1111.41, 1131.17, and 1131.21 shall be considered.

(h) Expansion of Planned Development Area. A property located within the area described in Section 1159.03(a) which is contiguous with but not contained within an approved Planned Development may apply for approval of an expansion of the contiguous Planned Development. The proposed area of expansion shall not be required to contain a minimum acreage, but shall be subject to all other provisions of this Chapter and other applicable Village regulations.

(Ord. 2016-19. Passed 7-13-16.)

Moreland Hills City Zoning Code

TITLE SEVEN

Zoning District/Use Regulations

1149.01 ESTABLISHMENT OF DISTRICTS.

District	Symbol
Residential Districts
Dwelling House District	U-1
Residential Open Space Conservation District	U-4
Townhouse District	U-3
Chagrin Northwest Residential & Planned Development Conservation District	U-5

Business Districts
Retail Business District	U-2

(Ord. 2017-18. Passed 5-10-17.)

1149.03 OFFICIAL ZONING MAP.

(b) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Code.

(Ord. 2012-21. Passed 7-11-12.)

1149.05 INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply:

(b) Where the district boundaries do not coincide with the location of streets, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(h) All uncertainties and disputes concerning the exact location of zoning district boundaries shall be resolved by the Board of Appeals according to the rules and regulations that it may adopt.

(Ord. 2012-21. Passed 7-11-12.)

1151.01 INTENT.

The Dwelling House District (U-1) and its regulations are established in order to achieve, among others, the following purposes:

(a) To preserve and protect the scenic beauty, the ecology and character of the Village for the benefit of its citizens;

(b) To regulate the bulk and location of dwellings, accessory buildings, and other structures on each lot;

(d) To promote the most desirable and beneficial use of the land in accordance with the objectives and goals of the Village of Moreland Hills;

(e) To protect and preserve the value, appearance and use of property through the preservation of historic character consistent with the development of the Village;

(f) To protect and provide adequate open spaces and to insure adequate ground areas for the safe and healthful disposal of waste; and,

(g) To maintain a residential density consistent with Village tradition.

(Ord. 2013-05. Passed 6-12-13.)

1151.03 USE REGULATIONS.

(f) Schedule 1151.03 Permitted Uses.

Schedule 1151.03 Permitted Uses
	U-1 Dwelling House District
(1) Residential
A. Single-family dwelling, detached	P
B. Family day care home for 1-6 children (Type B)	P
(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
(3) Community Facilities/Institutions
A. Civic center	C
B. Places of worship/church	C
C. Public park	C
D. Public service facility	C
E. School (public/private) elementary/ secondary	C
F. Solar Energy Systems	C
(4) Accessory Uses
A. Detached accessory buildings, including garages, stables, coops, and sheds(a)	A
B. Fences, walls(a)	A
C. Home occupation(a)	A
D. Other accessory structures(a)	A
E. Private recreational facilities such as, but not limited to tennis courts(a)	A
F. Private swimming pools(a)	A
G. Signs(b)	A
Notes to Schedule 1151.03: (a) See Section 1151.13 Accessory Use and Structures. (b) As further regulated by Chapter 1183, Sign and Billboard Regulation P = Use permitted by right; A = Accessory use; C = Conditional use Blank cell = Use not permitted in district

(Ord. 2013-05. Passed 6-12-13.)

1151.05 LOT REQUIREMENTS.

(a) Minimum Lot Area and Width. The area and width of a lot shall not be less than the dimensions set forth in Schedule 1151.05, except as otherwise regulated in this Code.

(b) Maximum Lot Coverage. The maximum lot coverage by building shall be as set forth in Schedule 1151.05.

(Ord. 2012-21. Passed 7-11-12.)

Schedule 1151.05 Minimum Lot Requirements
	U-1 Dwelling House District
(1) Minimum lot area	87,000 square feet
(2) Minimum lot width at building setback line(a)	175 feet
(3) Maximum lot coverage by all buildings including accessory buildings	12%
(4) Minimum frontage on a dedicated public street	50 feet
(5) Minimum average mean lot width(b)	175 feet
(6) Maximum depth of the lot	(c)
(a) On curved streets, the lot width shall be the arc length of the building setback line. (b) For purposes of this section, the "average mean width" of a parcel shall be the area of the parcel divided by the parcel's "mean depth." The "mean depth" of a parcel shall be the length of a straight line extending from the center point of the front line of the parcel to the center point of the parcel's rear line. (c) The depth of a parcel shall not exceed three times the parcel's average mean width unless the parcel's average mean width exceeds 300 feet or unless, due to topographic or other special conditions, the Planning Commission finds it necessary to alter this proportion of width to depth.

(Ord. 2013-05. Passed 6-12-13.)

(d) Flag Lots. In addition to the requirements in this Chapter, all flag lots shall comply with the following regulations:

(Ord. 2012-21. Passed 7-11-12.)

1151.07 SETBACK REQUIREMENTS.

(a) Front Setback. Each lot shall maintain a front setback in compliance with Schedule 1151.07.

(c) Side Setbacks. Each interior and through lot shall have and maintain two side setbacks. Schedule 1151.07 sets forth the minimum width of each side setback.

(d) Rear Setbacks. Each lot shall have and maintain a rear setback as specified in Schedule 1151.07.

(e) Corner Lot Setbacks. Corner lots shall maintain the following setback requirements. See Figure 1 below.

A. When the rear lot line of a corner lot coincides with the rear lot line of another corner lot, the corner side setback shall be the greater of:

1. The corner side setback of the abutting corner lot; or

2. The minimum side setback set forth in Schedule 1151.07.

(2) Interior side setback. The width of a side setback along the interior side lot line shall not be less than the minimum side setback as set forth in Schedule 1151.07.

Figure 1. - Corner Side Setback

(Ord. 2012-21. Passed 7-11-12.)

(f) Schedule 1151.07 Minimum Setback Requirements:

Schedule 1151.07 Minimum Setback Requirements
	U-1 Dwelling House District
(1) Minimum Front Setback from the public street right-of- way line abutting the property owner’s property	70 feet (d)
(2) Minimum Side Setback	35 feet (a)(c)
(3) Minimum Rear Setback	(b)
(a) Except that on Giles Road for lots less than two (2) acres, each dwelling shall have side setbacks of not less than ten (10) feet each. If a lot other than on Berkeley, Ellendale, Giles, or Wiltshire Roads, and other than those lots with frontage on Chagrin Boulevard which are part of the subdivision identified as the S. H. Kleinman Realty Company’s Kinsman Highlands, recorded on May 14, 1915 at Vol. 52, Part 35 of the Cuyahoga County records, has a lot width less than 175 feet, each side setback shall be not less than twenty percent (20%) of the width of the lot but in no case less than twenty (20) feet. (Ord. 2017-22. Passed 8-9-17.) (b) The rear setback shall be the lesser of twenty percent (20%) of the average depth of the lot and fifty (50) feet. (c) If a lot has a width of 175 feet or more and the side wall of the house is over fifty (50) feet in length, the side setback shall be 35 feet plus one (1) additional foot of setback for every foot of house length over fifty (50) feet. For purposes of this footnote (c), the house length or sidewall dimension shall be determined by measuring the individual sidewall plane facing the side lot line. An offset of greater than four (4) feet within that plane will constitute a new sidewall plane for determining house length. See Fig. 1 and Fig. 2. Each sidewall plane over fifty (50) feet must comply with the increased setback dimension set forth above. For side lot lines that are not parallel to the sidewall of the structure, the closest edge of the sidewall plane in relation to the side lot line will be used for determining compliance with the required side setback See Fig. 3

(Ord. 2018-03. Pasesd 4-11-18.)

(Ord. 2020-53. Passed 9-9-20; Ord. 2021-04. Pased 2-10-21.)

1151.09 HEIGHT REQUIREMENTS.

All buildings and structures in the U-1 Dwelling House District shall comply with the following height regulations:

(a) The height of principal buildings and structures shall not exceed 2 and one-half (2.5) stories and thirty-five (35) feet.

(b) The height of accessory buildings and structures shall not exceed nine (9) feet as measured from the natural grade to the eave line.

(Ord. 2013-05. Passed 6-12-13.)

1151.10 DWELLINGS PERMITTED ON A LOT.

There shall not be more than one (1) single-family dwelling located on a lot.

(Ord. 2019-04. Passed 5-8-19.)

1151.11 PROJECTIONS INTO REQUIRED SETBACKS.

Building Projection Into Required Setbacks. No portion of any building may project into the setbacks established in Schedule 1151.07 above, except:

(a) Cornices, belt courses, entrance canopies and similar overhanging roofed spaces, chimneys, porticos, bays, and steps which shall not project more than three (3) feet into such setbacks; and,

(Ord. 2012-21. Passed 7-11-12.)

1151.13 ACCESSORY USES AND STRUCTURES.

(b) Schedule 1151.13 Permitted Accessory Structures In Front, Side And Rear Yards:

Schedule 1151.13 Permitted Accessory Structures in Front, Side and Rear Yards
Use	Yard Permitted	Minimum Setback From Lot Line
Use	Yard Permitted	Front	Side	Rear
(1) Detached accessory buildings	Rear	NP	10 feet	10 feet
(2) Driveways	Front, corner side, side, rear	NA	10 feet (a)	10 feet (a)
(3) Decks, patios	Rear, Side	NP	20 ft.	20 ft.
(4) Fences, walls	Front, corner side, side, rear	0 ft.	0 ft.	0 ft.
(5) Private swimming pools	Rear	NP	See also Chapter 1171, General Use Regulations
(6) Other accessory structures such as but not limited to tennis courts, stables	Rear	NP	As further regulated in this Section 1151.13
(7) Outdoor storage of vehicles recreation vehicles/equipment.	Rear	See also Section 1151.13(l)
(a) During the development plan review process, an applicant may request that the Planning Commission consider an exception to the setback requirement for driveways when site conditions, such as topography; existing buildings; existing trees/landscaping; or similar factors, necessitate a lesser driveway setback. NA Not Applicable NP Not Permitted

(c) Location of Accessory Use or Building. No accessory use or building shall be located nearer than seventy (70) feet to any living area of any principal building located on an abutting lot.

(d) Living Quarters. Construction of living quarters in any accessory building and use of any accessory building for habitation, temporary or otherwise, is strictly prohibited.

(e) Exotic Animals. It shall be unlawful for any person to own, possess, keep, harbor, bring, or have in one's possession an Exotic Animal within the Village of Moreland Hills.

(h) Number of Permitted Accessory Buildings. A maximum of two (2) accessory uses/buildings shall be permitted on a zoning lot.

(i) Permitted Area. The total area of all accessory buildings and uses on a zoning lot shall not exceed 1,000 square feet.

(j) Foundation Required. An accessory building larger than 200 square feet shall have a foundation.

(k) Maintenance. All accessory buildings shall be maintained in good repair and be structurally sound and secure.

(Ord. 2017-16. Passed 5-10-17.)

(n) Stables.

(2) The location of any stable shall not occupy more than eighty percent (80%) of the width of an interior lot.

(o) Tennis Courts and Other Play Areas.

(2) No lights shall illuminate any tennis court or any other hard-surfaced playing areas for games or sports.

(p) Fences and Walls.

(Ord. 2013-05. Passed 6-12-13.)

(3) Fences and Walls in Front and Side Yards. Fences and walls shall be no higher than four (4) feet above natural grade in front and side yards in front of the rear building line as follows:

A. Fences shall be at least fifty percent (50%) open.

B. The Building Inspector may elect to refer any application made under Section 1151.13 (p)(3) to the Planning Commission for its further review.

(4) The Planning Commission may, in its discretion, approve the following:

A. Retaining walls necessary to provide grade separation.

B. Fences or walls which are structurally an integral part of the architecture of the dwelling or accessory buildings.

C. Any application referred to the Planning Commission by the Building Inspector, as provided by Section 1151.13 (p)(3) B.

(6) Prohibited fences. The following types of fences are strictly prohibited in all zoning districts:

A. Barbed wire fences, razor wire fences, or any other fence made of sharpened metal to prevent ingress or egress to or from a premises; and

B. Above-ground, electrically-charged fences regardless of the source of electricity, unless, upon application, such use is approved by the Planning Commission; and

C. No fence or gate shall extend across any portion of a driveway.

(7) Fences in the Public Right-of-Way. No fence or wall shall be constructed, erected or permitted to remain in a public right-of-way.

(Ord. 2013-05. Passed 6-12-13.)

(r) Outdoor Storage. Outdoor storage is prohibited, except as otherwise provided for in this Code.

(1) The home occupation:

A. Will be harmonious and in accordance with the objectives of the Planning and Zoning Code;

C. Will not be hazardous or disturbing to existing or future neighboring uses.

(2) The home occupation shall be:

A. An occupation customarily carried on in a dwelling unit,

B. Incidental and secondary to the use of the dwelling unit for residential purposes, and

C. Conform to the following additional conditions:

1. The occupation or profession shall be carried on wholly within the principal building.

2. Not more than one (1) person who is not a member of the resident family shall be employed in the home occupation.

3. There shall be no exterior display, no exterior sign, no exterior indication of the home occupation or any other variation from the residential character of the principal building.

4. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.

5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.

(Ord. 2012-21. Passed 7-11-12.)

1151.15 DESIGN CRITERIA FOR SINGLE FAMILY DETACHED DWELLINGS.

(a) The purpose of the following design criteria is to further the goals of the Village including:

(2) The protection and preservation of property values when buildings are constructed or altered to prevent the impairment or destruction of real estate values;

(4) The construction of high-quality buildings in terms of the design and materials selected given the architectural style of the building; and,

(Ord. 2012-21. Passed 7-11-12.)

(Ord. 2015-14. Passed 5-13-15.)

(1) Building height, width, and general proportions;

(2) Architectural features, including patterns of windows and doors, roof pitch, balconies, porches, shutters, dormers, eaves and other decorative detail;

(3) Building materials.

(4) Explanation of terms. Certain terms and words shall be interpreted with regard to the following explanations:

C. Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance.

1. The visibility of both properties from a common point; or,

2. The location of both properties within a relatively compact network of streets, walkways, or spaces.

(Ord. 2012-21. Passed 7-11-12.)

1151.17 PLAN REVIEW.

(a) Fences and walls.

(b) Storage buildings and other accessory structures with a ground area footprint of 200 square feet or less.

(Ord. 2015-14. Passed 5-13-15.)

1151.19 STREETS.

No private streets shall be permitted in the U-1 Dwelling House District.

(Ord. 2015-16. Passed 5-13-15.)

1151.20 PROHIBITION ON FRONT FACING ATTACHED GARAGES.

(Ord. 2017-13. Passed 5-10-17.)

1151.21 SPECIAL PROVISIONS FOR WILTSHIRE, ELLENDALE AND BERKELEY AREA.

Schedule 1151.21(c) Standards for Lots Consolidated by the Planning Commission in the Wiltshire, Ellendale, Berkeley Area
(1) Minimum lot area	36,000 square feet
(2) Minimum lot width at the building setback line	160 feet
(3) Minimum frontage on Wiltshire, Ellendale, Chagrin Boulevard, or Berkeley right-of-way	160 feet
(4) Minimum depth of lot	200 feet

(d) New dwellings and additions to existing dwellings on lots in the Wiltshire, Ellendale, Berkeley Area shall comply with the standards in Schedule 1151.21(d).

Schedule 1151.21(d) Standards for Setbacks and Heights in the Wiltshire, Ellendale, Berkeley Area
(1) Maximum Lot coverage by all buildings including accessory buildings	12%
(2) Front setback from the public street right-of-way line abutting the lot (except as provided at 1151.07(d) for lots with frontage on Chagrin Boulevard): New Dwelling: 55 feet or the average of the front setbacks of the two (2) nearest dwellings on the lots on each side of the subject lot, whichever is greater Addition to Existing Dwelling: Not closer than the setback of the existing dwelling
(3) Minimum side setback: On a lot having a width less than 120 feet wide at the building line: each side setback shall be at least 10 feet, provided that any part of a structure, including any part of a roof, which is higher than 18 feet shall be setback at least 20 feet. See Illustration below.
(4) Minimum rear setback	The lesser of 50 feet or 20% of average depth of the lot
(5) Maximum height of principal building and structures	35 feet and 2.5 stories
(6) Maximum height of accessory buildings and structures	9 feet as measured from natural grade to the eave line.

(Ord. 2017-22. Passed 8-9-17.)

1151.99 PENALTY.

A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.

(Ord. 2012-21. Passed 7-11-12.)

1153.01 INTENT.

1153.03 APPLICABILITY.

(a) Severe slope (slope gradient in excess of thirty percent (30%)).

(b) Wetlands and/or surface water features.

(Ord. 2012-21. Passed 7-11-12.)

1153.05 APPROVAL OF RESIDENTIAL OPEN SPACE CONSERVATION DEVELOPMENTS.

In addition to the general review procedures for development plans, the Planning Commission shall review a proposed Residential Open Space Conservation Development to ensure that:

(b) Buffer zones with adequate landscaping are provided between the proposed development and adjacent residential areas;

(d) Roadway/street systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the development are designed in a manner that minimizes traffic hazards or congestion;

(Ord. 2012-21. Passed 7-11-12.)

1153.07 USE REGULATIONS.

(Ord. 2012-21. Passed 7-11-12.)

Schedule 1153.07 Permitted Uses
	U-4 Residential Open Space Conservation District
(1) Residential
A. Single-family dwelling, detached	P
B. Cluster single-family detached dwellings	P
C. Family day care home for 1-6 children (Type B)	P
(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
(3) Community Facilities/Institutions/Other
A. Recreational Space & Associated Facilities (c)	C
B. Solar Energy Systems	C
(4) Accessory Uses
A. Detached accessory buildings (a)	A
B. Fences, walls(a)	A
C. Home occupation(a)	A
D. Other accessory structures(a)	A
E. Private recreational facilities such as, but not limited to tennis courts(a)	A
F. Private swimming pools(d) (a)	A
G. Signs(b)	A

Notes to Schedule 1153.07:

(a) See Section 1151.13 Accessory Use and Structures.

(b) As further regulated by Chapter 1183, Sign and Billboard Regulation

(c) Such uses or facilities shall not include recreational facilities developed primarily for use for organized sports, such as tennis courts or athletic fields.

(d) As further regulated by Chapter 1171, General Use Regulations.

P = Use permitted by right; A = Accessory use; C = Conditional use

Blank cell = Use not permitted in district

(Ord. 2013-05. Passed 6-12-13.)

1153.09 DENSITY, LOT COVERAGE, AND OPEN SPACE REGULATIONS.

The number of dwelling units permitted, the amount of lot coverage permitted, and the minimum open space provided shall comply with the following:

(c) Maximum Lot Coverage. The area covered by all buildings and impervious surfaces shall not exceed fifty percent (50%) of the gross development area.

(Ord. 2012-21. Passed 7-11-12.)

1153.11 DEVELOPMENT AND SITE PLANNING STANDARDS.

The following specific development standards shall be adhered to in the design and layout of any Residential Open Space Conservation Development.

(a) Minimum Setbacks. All buildings, structures and parking areas shall comply with the minimum setbacks set forth in Schedule 1153.11 and the regulations in this Section.

Schedule 1153.11 Minimum Setback and Spacing Requirements
	OS Residential Open Space Conservation District
1. Setback from existing public street right-of-way line abutting the property owner’s property	75 ft. (e) or Width of the setback building line shown on the Zoning Map
2. Setback from project boundary, other than a public street (c) (d)	25 ft.
3. Setback from interior public right-of-way line abutting the property owner’s property	20 ft.
4. Setback from common drive	16 ft. (b)
5. Spacing between buildings
Side to side	15 ft.
Side to rear	25 ft.
Rear to rear	35 ft. (a)
Notes to Schedule 1153.11 (a) When the rear wall of one dwelling is adjacent to the rear wall of a second dwelling, the minimum separation shall be the distance set forth in this Schedule or equal to the length of the adjacency, whichever is greater. (b) When garage doors face the common drive, the garage doors shall be at least twenty (20) feet from the edge of pavement. (c) No buildings or structures shall be placed within the setback from a project boundary. (d) When the project boundary is not located adjacent to a U-1 zoning district boundary line, the Planning Commission may reduce the minimum width of the setback from a project boundary.

(Ord. 2015-15. Passed 5-13-15.)

(e) Minimum Setback for Common Drives. No common drive shall be located closer than ten (10) feet to any project boundary line of the Residential Open Space Conservation development.

(g) Required Landscaping. The required setbacks from the project boundary specified in Schedule 1153.11 shall be landscaped in accordance with Chapter 1175.

(Ord. 2012-21. Passed 7-11-12.)

(j) Structures shall be located on the lot with consideration for preservation of natural features and avoidance of constraints to development.

(k) In protected hillside zone areas, development shall comply with provisions of Chapter 1173.

(l) In designated flood hazard areas, development shall comply with Chapter 1173.

(m) Building sites and improvements shall be designed in a manner which minimizes unnecessary changes to topography, and disturbance to unique natural site characteristics.

(n) Housing units shall be arranged so that the view from the front of any residence facing a street shall not be blocked by another residence.

(o) Site design shall be considerate of views to and from adjacent residential districts, to minimize impacts where the character of proposed developments may differ from existing development.

(p) While it is intended that residences be designed in a coordinated and harmonious manner, repetitions of building design shall be avoided.

(Ord. 2012-21. Passed 7-11-12.)

1153.13 STREET, DRIVE AND WALKWAY REQUIREMENTS.

(a) General Street Design Criteria.

(1) The area of the proposed project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement through the development.

(2) Street alignments should follow natural contours and be designed to conserve natural features.

(b) Access and Street Requirements.

(1) Each dwelling shall have access to either a public street or a common drive, as provided for in this Chapter, in a manner approved by the Planning Commission and as shown on the development plan.

(1) A common drive shall serve no more than four (4) units.

(2) The design and layout of the common drive shall provide adequate and safe access to the intended units, as determined by the Village.

(3) Right-of-ways are not required for common drives; however, a utility easement may be required along the length of the common drive.

(4) All common drives shall be paved and have a minimum width of twelve (12) feet.

(5) Whenever a common drive is included, deed restrictions shall be required and shall specifically include the following language:

(e) Private Streets. No private streets shall be permitted in a Residential Open Space Conservation development.
(Ord. 2012-21. Passed 7-11-12.)

1153.15 SUPPLEMENTAL REQUIREMENTS.

(Ord. 2012-21. Passed 7-11-12.)

1153.17 ADDITIONAL STANDARDS.

All uses shall comply with the following:

(a) Utilities. All utilities shall be located underground, except that utility appurtenances may be constructed above-ground as approved by the Village as part of the development plan approval.

(1) Parcels developed under these regulations must be provided with central sewer services.

(2) Site lighting shall be in accordance with the requirements of Chapter 1171, General Use Regulations.

1153.19 OPEN SPACE REQUIREMENTS.

(a) General Standards.

(1) The open space shall be located and designed to the satisfaction of the Planning Commission and shall:

A. Be sufficiently aggregated to create large areas of planned open space;

B. Conserve significant topographic and landscape natural features to the extent practicable;

C. Be accessible to residents of the Residential Open Space Conservation development;

D. Be not less than 50 feet in width at any point;

E. Be interconnected with open space areas on abutting parcels wherever possible, by open space corridors.

(2) Land area devoted to the following shall not be included as meeting the open space requirement:

A. Public rights-of-way;

B. Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the open space;

C. Required setbacks for buildings and parking areas from the project boundaries, and public streets, unless the required setback is contiguous to and part of a larger area of restricted open space;

D. Required spacing between buildings and between buildings and parking areas;

E. Private yards within subdivided lots;

F. A minimum of 15 feet between buildings and open space.

(3) Areas designated for restricted open space purposes may be:

A. Preserved in their natural state as steep slopes, wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented area; or,

(5) Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.

(Ord. 2012-21. Passed 7-11-12.)

(Ord. 2016-26. Passed 9-15-16.)

(Ord. 2012-21. Passed 7-11-12.)

1153.21 HOMEOWNERS ASSOCIATIONS.

(Ord. 2012-21. Passed 7-11-12.)

1153.23 PHASED DEVELOPMENT.

(Ord. 2012-21. Passed 7-11-12.)

1153.25 PLAN APPROVAL.

1153.99 PENALTY.

A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.

(Ord. 2012-21. Passed 7-11-12.)

1155.01 INTENT.

The Townhouse District (U-3) and its regulations are established in order to achieve, among others, the following purposes:

(a) To regulate the density and distribution of the population to avoid congestion and maintain adequate services;

(b) To promote the most desirable and beneficial use of the residential land in accordance with the Comprehensive Land Use Plan;

(c) To regulate the bulk and location of dwellings in relation to the land, in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district; and,

(d) To enable the development of single-family attached dwellings in appropriate locations.

(Ord. 2013-05. Passed 6-12-13.)

1155.03 USE REGULATIONS.

(Ord. 2012-21. Passed 7-11-12.)

(f) Schedule 1155.03 Permitted Uses.

Schedule 1155.03 Permitted Uses
	U-3 Townhouse District
(1) Residential/Lodging
A. Single-family dwelling, detached(a)	P
B. Single-family dwellings, attached	P
C. Family day care home for 1-6 children (Type B)	P
(2) Group Residential/Other
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
C. Solar Energy Systems	C
(3) Accessory Uses(b)
A. Detached accessory buildings, including garages	A
B. Fences, walls	A
C. Home occupation (c)	A
D. Off-street Parking	A
E. Other accessory structures	A
F. Private swimming pools(e)	A
G. Signs(d)	A
Notes to Schedule 1155.03: (a) Single-family detached dwellings shall comply with the applicable regulations in the DH, Dwelling House District. (b) See Section 1155.13, Accessory Use Regulations. (c) As further regulated by Section 1151.13(r). (d) As further regulated by Chapter 1183, Sign Regulations. (e) As further regulated by Chapter 1171, General Use Regulations P = Use Permitted by right C = Conditional Use A = Accessory Use Blank cell = Use not permitted in district

(Ord. 2013-05. Passed 6-12-13.)

1155.05 AREA AND DENSITY REGULATIONS.

Land area shall be divided and developed, and buildings shall be erected, altered, moved or maintained in the Townhouse District only in compliance with the following area regulations.

(a) Minimum Development Area. The gross area of a tract of land shall not be less than five (5) acres. The entire tract of land to be developed shall be considered one zoning lot.

(b) Maximum Density. The residential density of a townhouse development shall not exceed the number of dwelling units per acre set forth in Schedule 1155.05.

(Ord. 2012-21. Passed 7-11-12.)

(e) Schedule 1155.05 Lot Regulations.

Schedule 1155.05 Lot and Density Regulations
	U-3 Townhouse District
(1) Maximum land area per dwelling unit	7000 square feet
(2) Maximum dwelling units per acre	6
(3) Maximum lot coverage by buildings	25%
(4) Maximum lot coverage	60%

(Ord. 2013-05. Passed 6-12-13.)

1155.07 SETBACK AND FLOOR AREA REQUIREMENTS.

(b) Building Spacing. The minimum distance separating buildings shall be not less than the distance set forth in Schedule 1155.07. (Ord. 2012-21. Passed 7-11-12.)

Schedule 1155.07 Minimum Principal Building Setbacks and Spacing
	U-3 Townhouse District
(1) Minimum Front Setback from the edge of the public street right-of-way line abutting the property owner’s property	40 feet or Width of the setback building line shown on the Zoning Map, whichever is greater
(2) Minimum Building Setback from:
A. Project boundary lines abutting the U-1 District	40 feet
B. Project boundary line abutting all other districts	25 feet
(3) Minimum Building Separation(a)
A. Main wall to main wall	40 feet
B. Main wall to end wall	25 feet
C. End wall to end wall	20 feet
(a) The Planning Commission may permit a reduction in these spacing requirements when it determines that adequate privacy is provided through the use of landscaping, architectural features, or other similar means of insuring privacy.

(Ord. 2015-15. Passed 5-13-15.)

(e) Definitions. The following definitions shall apply to terms used in this Section:

(1) Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.

(2) End Wall. The outside walls other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.

(f) Projections into Required Setbacks. Projections into required setbacks shall comply with the regulations in Section 1151.11.

(g) Floor Area. The gross floor area of each dwelling unit shall be 1,500 square feet.

(Ord. 2012-21. Passed 7-11-12.)

1155.09 HEIGHT REQUIREMENTS.

All buildings and structures in the U-3 Townhouse District shall comply with the following height regulations:

(a) The maximum height for principal buildings or structures in the Townhouse District shall not exceed twenty-five (25) feet.

(b) The maximum height of accessory building or structures shall not exceed nine (9) feet as measured from the natural grade to the eave line.

(Ord. 2013-05. Passed 6-12-13.)

1155.11 OFF-STREET PARKING AND DRIVEWAY REGULATIONS.

(a) Off-street parking areas shall conform to the regulations of Chapter 1179 and to the parking requirements set forth below:

Schedule 1155.11 Minimum Parking Setbacks
	U-3 Townhouse District
(1) Minimum Setback from Street ROW	30 feet
(2) Setback from Side and Rear Lot lines	10 feet

(2) The area within the parking setback shall be landscaped in accordance with Chapter 1175, Landscaping and Screening Regulations.

(3) Off-street parking spaces shall be provided in compliance with Chapter 1179, Off-Street Parking Regulations.

1155.13 ACCESSORY USE REGULATIONS.

(1) The minimum setback from the public right-of-way for such accessory buildings and uses shall be equal to the setback of the principal building.

(2) The minimum setback from a side or rear lot line abutting another townhouse or non-residential district shall be ten (10) feet.

(3) The minimum setback from the side or rear lot line abutting a U-1 district shall be twenty (20) feet.

If a boundary of the townhouse development abuts a U-1 District, the driveway or access drive shall be setback ten (10) feet from side lot lines.

(Ord. 2012-21. Passed 7-11-12.)

1155.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscaping shall be provided in accordance with the provisions set forth in Chapter 1175, Landscaping and Screening Regulations.

(Ord. 2012-21. Passed 7-11-12.)

1155.17 DESIGN GUIDELINES.

(b) Character. For all newly constructed principal buildings, the design, scale, and building materials shall be residential in character.

(Ord. 2012-21. Passed 7-11-12.)

1155.19 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1171, General Use Regulations.

(c) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(d) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

(e) Additional Regulations for Vehicles.

(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited.

(2) The parking or storing of vehicles shall not be permitted in established lawn areas.
(Ord. 2012-21. Passed 7-11-12.)

1155.21 DEVELOPMENT PLAN REVIEW.

1155.99 PENALTY.

A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.

(Ord. 2012-21. Passed 7-11-12.)

1157.01 INTENT.

The Retail Business District (U-2) and its regulations are established in order to achieve, among others, the following purposes:

(d) Promote the most desirable land uses within a U-2 Retail Business District so as to protect and promote the development of the community primarily for single-family residence purposes.

(Ord. 2013-05. Passed 6-12-13.)

1157.03 USE REGULATIONS.

(Ord. 2012-21. Passed 7-11-12.)

(f) Schedule 1157.03 Permitted Uses.

Schedule 1157.03 Permitted Uses (a)
	U-2 Retail Business District
(1) Office and Professional Services
A. Administrative, business and/or professional office	P
B. Bank and other financial institutions	P
C. Medical/dental office	P
(2) Retail and Services
A. Retail establishment	P
B. Restaurant, indoor	P
C. Service establishment, business	P
D. Service establishment, personal	P
E. School, specialty/personal instruction	P
(3) Accessory Uses (d)
A. Accessory buildings/structures(b)	A
B. Fences, walls(b)	A
C. Off-street parking facility	A
D. Restaurant, outdoor seating	C
E. Solar Energy Systems	C
F. Signs(c)	A
Notes to Schedule 1157.03: (a) All operations, including storage, shall take place in a principal and/or an accessory building, except off-street parking & loading, unless otherwise specifically permitted in this Code. (b) As further regulated by Section 1157.11. (c) As further regulated by Chapter 1183. (d) Accessory uses customarily incidental to a permitted principal use provided the same shall have no injurious effect upon adjoining buildings and uses. P = Use Permitted by right C = Conditional Use A = Accessory Use Blank cell = Use not permitted in district

(Ord. 2013-05. Passed 6-12-13.)

1157.05 SETBACK REQUIREMENTS.

(Ord. 2012-21. Passed 7-11-12.)

(b) Schedule 1157.05. Minimum Building Setbacks.

Schedule 1157.05 Minimum Building Setbacks
	U-2 Retail Business
(1) Minimum Front Setback from the public street right-of-way line abutting the property owner’s property	40 feet
(2) Minimum Setback from Side Lot line abutting nonresidential dist.	3 feet (a)
(3) Minimum Setback from Rear Lot line abutting nonresidential dist.	3 feet
(4) Minimum Setback from Side & Rear Lot line abutting residential dist.	10 feet
Notes to Schedule 1157.05: (a)Except when buildings share a common wall, then there shall be no setback required.

(Ord. 2015-15. Passed 5-13-15.)

1157.07 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

1157.09 OFF-STREET PARKING AND DRIVEWAY REGULATIONS.

(a) Off-street parking areas shall conform to the regulations of Chapter 1179 and to the parking requirements set forth below:

Schedule 1157.09 Minimum Parking Setbacks
	U-2 Retail Business
A. Minimum Setback from Street ROW	10 feet
B. Setback from Side and Rear Lot line abutting nonresidential dist.	10 feet
C. Setback from Side and Rear Lot line abutting residential dist.	10 feet

(2) The area within the parking setback shall be landscaped in accordance with Chapter 1175, Landscaping and Screening Regulations.

(3) Off-street parking spaces shall be provided in compliance with Chapter 1179, Off-Street Parking Regulations.

(b) Loading and Service Areas.

(1) Off-street loading and service areas shall be provided in compliance with the regulations in Chapter 1179, Off-street Parking Regulations.

1157.11 ACCESSORY USE REGULATIONS.

(a) Fences and Walls. Fences and walls may be erected in the Retail Business District in compliance with the requirements set forth below.

(1) Location.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within twenty (20) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of way;

3. At the intersection of any two driveways.

C. All fences shall comply with Section 1171.11, Visibility at Intersections.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.

B. No fence shall be electrified or topped with barbed wire.

D. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(4) Screening and Landscaping.

A. Screening and landscaping is not required for ornamental fences.

B. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

b. One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,

c. The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) All fences shall be maintained in good condition, be structurally sound, and attractively finished at all times.

(6) Any proposed fence shall be submitted for approval as part of Development Plan Review in accordance with Chapter 1127.

(Ord. 2012-21. Passed 7-11-12.)

1157.13 LANDSCAPING AND SCREENING REGULATIONS.

1157.15 DESIGN GUIDELINES.

The guidelines set forth below are intended to achieve among others the following purposes:

(1) To strengthen, protect, enhance and improve the existing visual and aesthetic character of the Retail Business District;

(2) To protect and enhance property values; and,

(3) To provide guidelines for property owners, architects, and contractors to aid in the preparation of appropriate plans.

(1) In determining whether to grant an exception, the Architectural Reviewer and the Planning Commission shall consider:

A. The Comprehensive Land Use Plan;

B. The purposes of the Zoning District;

C. The intent of the guideline from which the exception is requested; and,

D. Whether the intent of the guideline may be met by an alternate means.

(3) The applicant shall obtain development plan approval incorporating the exception within one (1) year of the grant, or the exception will expire.

(d) Design Guidelines.

(2) Buildings and principal building entrances shall be oriented toward the public street so as to define the street edge and contribute to a dynamic pedestrian and street environment.

(3) Blank walls, those devoid of openings such as transparent windows and transparent doors, shall not be permitted on the front facade of any building.

(6) All roof top equipment shall be concealed in building materials that match the structure or shall be painted to be visually compatible with the structure.

(Ord. 2012-21. Passed 7-11-12.)

1157.17 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1157.09 and shall be screened in accordance with the provisions set forth in Chapter 1175, Landscaping and Screening Regulations.

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1171, General Use Regulations.

(c) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(d) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food in the Retail Business District.

(e) Overhead Utility Lines. All utility lines, electric, telephone, cable, TV lines, etc., shall be placed underground.

(Ord. 2012-21. Passed 7-11-12.)

1157.19 DEVELOPMENT PLAN REVIEW.

(Ord. 2012-21. Passed 7-11-12.)

1157.99 PENALTY.

A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.

(Ord. 2012-21. Passed 7-11-12.)

1159.01 PURPOSE.

(e) To permit and encourage a creative and cohesive plan of residential development under more flexible guidelines than applicable to conventional residential subdivisions.

(g) To require a more detailed process of review, including public hearings, as appropriate for consideration of plans reflecting this unique development concept.

(h) To encourage the efficient use of land by facilitating economical and suitable arrangements for buildings, streets, utilities and other land use features.

(i) To encourage the utilization of open space and the development of recreational amenities appropriate for and easily accessible to all dwellings in the development.

(Ord. 2016-19. Passed 7-13-16.)

1159.02 REGULATIONS APPLICABLE TO THE CHAGRIN NORTHWEST RESIDENTIAL AND PLANNED DEVELOPMENT CONSERVATION DISTRICT.

(Ord. 2016-19. Passed 7-13-16.)

1159.03 QUALIFYING CONDITIONS FOR PLANNED DEVELOPMENT.

(a) The property or group of properties shall be wholly located within the area described as follows:

The area of the Village of Moreland Hills containing the properties having the following permanent parcel numbers:

PPN 91201001

PPN 91201003

PPN 91201002

PPN 91201004

PPN 91201011

PPN 91201005

PPN 91201012

(b) Property which is not wholly located within the area described in subsection (a) above shall not be permitted to apply for planned development.

1159.04 GENERAL STANDARDS FOR PLANNED DEVELOPMENT.

(1) Vehicular access to and from properties shall be provided by a limited number of new access roads intersecting with Chagrin Boulevard.

(3) All structures shall be set back at least one hundred feet (100') from the Chagrin Boulevard right-of-way.

(4) All parking, drives and other vehicular facilities shall be set back at least seventy-five (75') from the Chagrin Boulevard right-of-way.

(b) Common Open Space Requirements.

(2) General Standards. Common open space shall be located and designed to the satisfaction of the Planning Commission and shall:

A. Be sufficiently aggregated to create large areas of planned open space;

B. Conserve significant topographic and landscape natural features to the extent practicable;

C. Be accessible to residents of the Planned Development;

D. Be not less than fifty (50) feet in width at any point;

E. Be interconnected with open space areas on abutting parcels wherever possible, by open space corridors.

H. If the site contains a lake, stream or other body of water, the Planning Commission may require that a portion of the required open space shall abut the body of water.

I. All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents of the Planned Development, visitors and other users of the development.

(4) Land area devoted to the following shall not be included as meeting the open space requirement:

A. Proposed new or existing public rights-of-way.

B. Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the open space.

D. Required spacing between buildings, such as in clustered areas without lots or condominiums, and parking areas.

E. Private yards within subdivided lots.

(5) Areas designated for common purposes must be:

A. Preserved in their natural state as steep slopes, wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented area; or,

B. Used for outdoor active or passive recreation for the use and/or enjoyment of the residents of the proposed development, but shall not be used for organized sports, such as tennis courts, swimming pools, or athletic fields. Any open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.

(7) Such open space, including any recreational facilities proposed to be constructed in such open space, shall be clearly shown on the Planned Development plan.

(c) Landscaping and Buffers. Except as otherwise provided in this Chapter 1159, the provisions of Chapter 1175, Landscaping and Screening Regulations, shall apply to Planned Development.

(d) Environmental Regulations. The provisions of Chapter 1173, Environmental Regulations shall apply to Planned Development.

(e) Infrastructure.

(Ord. 2016-19. Passed 7-13-16.)

1159.05 SPECIFIC STANDARDS FOR PLANNED DEVELOPMENT USES.

(a) Uses.

(6) Schedule 1159.05(a) Permitted Uses.

Schedule 1159.05(a) Permitted Uses Northwest Chagrin Residential & Planned Development Conservation District
(1) Residential
A. Single-family dwelling, detached	P
B. Family day care home for 1-6 children (Type B)	P
C. Cluster Single-family detached dwellings	P
D. Single-family dwellings, attached	P

(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
(3) Community Facilities/Institutions
A. Public park	C
B. Solar Energy Systems	C
(4) Accessory Uses
A. Detached accessory buildings, including garages and sheds (a)	A
B. Fences, walls (a)	A
C. Home occupation (a)	A
D. Other accessory structures (a)	A
E. Private recreational facilities such as tennis courts and swimming pools (a)	A
G. Signs (b)	A
H. Parking shall be provided conforming to the parking regulations in Chapter 1179	A
Notes to Schedule 1159.05(a): (a) See Section 1151.13 Accessory Uses and Structures. (b) As further regulated by Chapter 1183, Sign and Billboard Regulation P = Use permitted by right; A = Accessory use; C = Conditional use; Blank cell = Use not permitted in district.

(b) Dwelling Standards.

(1) Maximum Dwelling Units.

A. The potential maximum number of dwelling units which may be permitted in a Planned Development shall be calculated as follows:

1. Determine total area of proposed Planned Development in acres.

2. Subtract acres in existing and proposed public rights-of-way.

3. Multiply difference by 4.

4. The product is the potential maximum number of units which may be permitted in the Planned Development.

Table 1159.05(b)(2)
Dwelling Type		Minimum Unit Setback from Public or Private Street	Minimum Yards
			Front	Side	Rear
Detached single family (2)	Minimum lot 10,000 square feet, minimum width 80 feet, minimum depth 125 feet	40	40	10	40
Attached single family (1)	Maximum four (4) units may be attached in one building. Building separations: minimum 25 feet between sides, 50 feet rear to rear and rear to side. Attached single family units shall be not more than 30% of total units approved in the Planned Development	25	25	na	25
Single family detached cluster (3)	Detached cluster dwellings 1.0 or 1.5 stories in height shall be separated at least 15 feet; dwellings 2.0 stories or higher shall be separated 20 feet from all other dwellings	25	25	na	25
Additional Setbacks Standards: Except as specifically addressed in Section 1159.04(a)(3) for the areas fronting Chagrin Boulevard, all structures shall be setback from the exterior boundaries of a planned development which abut lots which are platted for and/or occupied by dwellings a distance of at least seventy feet (70')
Notes: (1) As defined in Section 1123.03(27) (2) As defined in Section 1123.03(29) (3) As defined in Section 1123.03(28)