Zoneomics Logo
search icon

Moreland Hills City Zoning Code

TITLE NINE

Regulations Applicable to All Districts

1171.01 REQUIREMENTS FOR OWNERS ASSOCIATIONS.

   As part of a development where a homeowners association, community association, condominium association or similar legal entity/agency shall be created to be responsible for the maintenance and control of common areas, including the required open space, open space easements, facilities, common drives, etc., the Village's Law Director shall require that, based on documents submitted with the development plan, the association's or agency's bylaws or code of regulations specify the following requirements:
   (a)   Membership in the Association shall be mandatory for all purchasers and/or owners of lots in the development or units in a condominium;
   (b)   The Association shall be responsible for maintenance, control, and insurance of open space and all common areas, including any applicable easements;
   (c)   The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments;
   (d)   The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified;
   (e)   The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including required open space, without:
      (1)   An affirmative vote of seventy-five (75) percent of its members,
      (2)   Having established a successor entity to take over said property pursuant to the Village's Planning and Zoning Code; and
      (3)   The approval of the Village Council.
   (f)   The Association shall convey to the Village and other appropriate governmental bodies the right to enter to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety, and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the Village shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses, dwelling, and vacant building lots.
   (g)   A certified copy of all covenants and restrictions, as filed with the Cuyahoga County Recorder's Office, shall be submitted to the Building Inspector.
      (Ord. 2012-21. Passed 7-11-12.)

1171.03 SWIMMING POOLS.

   For purposes of this Section, "swimming pool," "hot tub," and "swim spa" shall have the meanings set forth in Section 1323.01.  
      (a)    Every swimming pool, hot tub or swim spa hereafter built shall be located upon the lot or parcel in a manner that complies with the requirements of Section 1323.03. 
   (b)    Every swimming pool, hot tub or swim spa heretofore or hereafter constructed shall be secured by a barrier or fence or pool cover that complies in all respects with the requirements of Section 1323.04.
   (c)    Every swimming pool hereafter constructed or created shall be constructed within an excavation in the ground and no greater than fifty percent (50%) of the perimeter of the pool may be above the natural grade of the surrounding land, except that a diving board or similar equipment and the fence referred to in Section 1171.03 (b), may be higher than such grade and is not considered a part of the perimeter. Any exposed portions of a swimming pool that are above the natural grade of the surrounding land are subject to review and approval by the Planning Commission to ensure that (a) above-grade portions of a swimming pool shall be finished with stone, tile, concrete or natural materials that are compatible with the pool's surroundings, and may be enclosed by a retaining wall or similar architectural feature; and (b) above-grade portions of a swimming pool shall be landscaped.
   (d)   Every swimming pool, hot tub or swim spa shall be so constructed that it can be drained on the individual's own property or shall have a sump located in its deepest part for the purpose of pumping out all of the water into a natural drain approved by the Building Inspector, in full compliance with the requirements of Section 1323.06.
   (e)   If the swimming pool, hot tub or swim spa is located within 200 feet of any building used for dwelling purposes, the lights shall be shielded to direct light only on the pool and all electrical equipment shall be installed in accordance with the National Electrical Code and shall be approved by a national testing laboratory recognized by the Building Inspector.
      (f)   Plans, specifications and pertinent explanatory data required to be submitted in connection with the application to construct a swimming pool, hot tub or swim spa, or any alteration, addition, remodeling or other improvement thereto, shall comply with the requirements of this Section and shall include the information required by this Section as well as such other data as may reasonably be requested by the Building Inspector.
   (g)    No swimming pool, hot tub or swim spa shall be hereafter constructed or established until the Building Inspector has evidenced his approval upon the plans and specifications and has granted a permit therefor.
   (h)   No accessory swimming pool , hot tub or swim spa building shall be constructed unless a development plan has been approved by the Planning Commission based on plans and specifications which shall comply with all applicable Planning and Zoning Code and Building Code provisions.
   (i)   All equipment associated with swimming pools, hot tubs or swim spas regulated by this section, including water circulation and filtration equipment and other related devices for the operation of these systems, shall comply with the requirements of Section 1171.23 of these Codified Ordinances applicable to pool equipment.
            (Ord. 2021-11. Passed 5-12-21.)

1171.05 SATELLITE DISHES.

   (a)   Development Plan Approval Required. No person, firm or corporation shall erect a satellite dish larger than one (1) meter in diameter in the Municipality without first securing development plan approval in accordance with Chapter 1127, Development Plan Review Procedures.
   (b)   Submission Requirements. In lieu of the Plan Submission Requirements in Section 1127.17, applicants shall submit a written application upon forms furnished by the Inspector or approved by him, with a plot plan of the lot, premises or parcel attached showing the exact location of the proposed satellite dish, the required evergreen landscaping, and the location of all buildings on the subject lot; a description of the kind of satellite dish, and the plans and specifications showing the elevations, where it is to be erected and of the dish itself, and sufficient details to show the method of assembly and construction. Each set of plans and specifications shall give the address of the work, name and address of the owner and name and address of the person who prepared the plans and specifications. Each application shall indicate the owner of the premises, the occupant of the premises and the contractor or other person to be permitted to construct or erect the proposed satellite dish, who shall be a licensed contractor pursuant to the regulations of the Municipality.
    
   (c)   Location Requirements of Satellite Dishes Larger than One (1) Meter in Diameter. No satellite dish larger than one (1) meter in diameter shall be constructed in any front or side yard. Such satellite dishes shall only be constructed in rear yards where not visible from the street, from a neighbor's lot, or from adjacent dwellings. Satellite dishes larger than one (1) meter in diameter shall be setback twenty (20) feet from side and rear lot lines and shall be screened with appropriate evergreen landscaping that is twenty percent (20%) higher than the top of the dish from the ground. (Ord. 2012-21. Passed 7-11-12.)

1171.07 TEMPORARY SHEDS.

   Temporary sheds for office purposes or storage of tools for the keeping of materials during building operations may be erected upon the premises upon obtaining a Zoning Certificate from and with the approval of the Building Inspector. Such Certificate shall be issued with a limitation as to time that the temporary shed may be retained upon the building lot. The Building Inspector shall require that all temporary sheds be located so as to be free from any fire hazard and that the same may not be considered of a permanent nature or as a building for storehouse purposes. No owner, architect, builder, plumber, carpenter, mason or electrician engaged in the erection of, or working on, the buildings shall occupy any adjoining premises with sheds, building material, refuse, or debris without first having obtained written permission from the owner of such adjoining premises, and upon completion of the work to be performed by him shall remove all such sheds, refuse and debris from the premises and adjoining premises.
(Ord. 2012-21. Passed 7-11-12.)

1171.09 OUTDOOR LIGHTING REGULATIONS.

   The purpose of this Section is to control the installation of exterior lighting fixtures to prevent light pollution in the forms of light trespass and glare and to preserve, protect and enhance the character of the Village and the lawful nighttime use and enjoyment of property located within the Village. Appropriate site lighting, including lights for signs and buildings shall be arranged so as to provide safety, utility and security; control light trespass and glare on adjacent properties and public roadways/streets.
   (a)   Definitions. Terms related to the required exterior lighting standards contained in this Section and this Code shall have the following meanings:
      (1)   Footcandle. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
      (2)   Full-shielded or full cut-off type fixture. An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
      (3)   Glare. Direct light that causes unreasonable annoyance, discomfort or loss in visual performance and visibility.
      (4)   Light trespass. Artificial light in sufficient quantity that crosses over property boundaries, impacts surfaces, and produces a negative response in persons owning or using the violated space.
      (5)   Lumen. The unit measure of light flux or light output from lamps and luminaires.
      (6)   Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
   (b)   Exterior Lighting Plan. A lighting plan is required for all uses that are required to submit a development plan, except single-family detached and cluster single-family detached dwellings, and shall be approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures. All existing uses on which exterior lighting is installed or changed shall conform to these standards. The lighting plan shall demonstrate compliance with the exterior lighting standards of this sub-section, and shall include the following items:
      (1)   A development plan showing location of all exterior light fixtures, controllers, and transformers.
      (2)   Property boundaries, building location(s), parking lot layout, pedestrian paths, and adjacent rights of way.
      (3)   Specifications and drawings or photographs for all exterior light fixture types, poles, conduit and appurtenant construction.
      (4)   Specifications of all proposed luminaires.
      (5)   A 2-D or 3-D Photometric model that quantifies predicted light output on the property and demonstrates there is no light trespass.
      (6)   Cut sheets for all proposed exterior light fixtures and poles.
      (7)   Any other information and data reasonably necessary to evaluate the required lighting plan.
   (c)   General Requirements for All Uses.
      (1)   All lighting shall be controlled in such a way as to not project into the sky or at any other residential property. This shall be accomplished by the use of fully shielded cut-off fixtures, directing light fixtures downward rather than upward, or shielding the light in such a way that the light-emitting portion of the fixture is not visible from normal viewing positions on adjacent properties or inside contiguous dwellings. Luminaires may not be so bright as to penetrate neighboring windows and project light onto interior walls.
      (2)   Where used for security purposes or to illuminate walkways, roadways, streets, equipment yards and parking lots, only fully shielded cut-off style light fixtures shall be utilized.
      (3)   All forms of flashing, rotating, moving, or digital lights shall be prohibited.
      (4)   The illumination level at the property line of a parcel adjacent to a residence shall not exceed zero (0) foot-candles attributable to artificial light.
      (5)   In addition to the requirements set forth in this Section, outdoor lighting fixtures shall be installed in conformance with all other applicable provisions of the codified ordinances of the Village of Moreland Hills, Ohio.
      (6)   Where used to illuminate signs or for decorative effects or recreational facilities, such as for building, landscape, or recreational field illumination, all outdoor light fixtures shall be shielded and focused to avoid light trespass onto neighboring properties or into the night sky.
           A.   Where landscape illumination is concerned, landscape uplights are permitted either below or above ground. Above ground luminaires shall only be aimed between zero (0) and twenty-five (25) degrees and shall use beam spreads appropriate for accent lighting and not general floodlighting. Aiming shall be set upon installation and maintained throughout the life of the luminaire. "Moonlighting" effects from trees are permitted provided lamps are of LED type or Low-Voltage halogen and are shrouded and/or louvered and are aimed no more than twenty-five (25) degrees off nadir (straight down). Uplights may also be mounted in or on trees provided that they are of LED or Low-Voltage halogen type and are shrouded and/or louvered and are aimed no more than twenty-five (25) degrees at a forward tilt.
         B.   In all zoning districts, façade illumination may be accomplished only within a ten (10) foot setback from the structure. Luminaire faces shall not be visible from motorist sight lines.
         C.   In the U-2 Retail Business District or in the case of a residential subdivision development sign, sign lighting may be accomplished only within a three (3) foot setback from the sign and shall use shielded accent style lighting only and not general floodlighting. Luminaire faces should not be visible from motorist sight lines.
      (7)   All outdoor light fixtures installed and maintained upon private property within all zoning districts shall be turned off between 11:00 p.m. and sunrise, except when used for security purposes or to illuminate walkways and roadways.
      (8)   All illuminated signs for commercial purposes shall be turned off between 11:00 PM and sunrise, EXCEPT that signs may be illuminated while the business facility is open to the public.
         (Ord. 2017-21. Passed 8-9-17.)
   (d)   In the Dwelling House and Residential Open Space Conservation Districts, lamps/lights on raised posts shall comply with the following:
      (1)   Height. The center of the electric or gas lamp bulb shall not be more than seven (7) feet above grade.
      (2)   Wattage. The lamp wattage shall not exceed seventy-five (75).
      (3)   Electrical grounding. The fixture and post, if metal, shall be grounded.
      (4)   Location and number. There shall not be more than two (2) lamp posts at the street right of way, one (1) each on either side of the driveway between the right-of-way line and ten (10) feet behind the right-of-way line and not more than one (1) other such post per 100 lineal feet of driveway except at the right-of-way line and/or within twenty (20) feet of the dwelling line, post lights shall be spaced at least seventy-five (75) feet apart.
      (5)   Size of posts and related structures. The lamp post on which any light is installed shall not exceed six (6) feet in height and shall not be more than two (2) feet square in area, and any circular post shall not exceed six (6) inches in diameter. Such post may be part of a transition wall not to exceed the height at the other end, and the entire wall, exclusive of the post, may not exceed ten (10) feet in length.
   (e)   In the Dwelling House and Residential Open Space Conservation Districts, driveway lights shall comply with the following:
      (1)   Electrical grounding. Each fixture shall be grounded through the use of a grounding conductor.
      (2)   Wattage. Fixtures emitting rays above the horizontal shall be limited to twenty-five watts. Fixtures emitting rays horizontally or below shall be limited to forty watts.
      (3)   Right of way. No fixtures shall be permitted in the street right of way.
      (4)   Lamp placement. The center of the electric lamp bulb shall not be placed more than twenty-four inches above grade.
         (Ord. 2012-21. Passed 7-11-12.)
   (f)   In the Dwelling House and Residential Open Space Conservation Districts, lights used to illuminate tennis courts or any other hard-surfaced playing areas for games or sports (hereinafter "sports courts"), in addition to the requirements of this Section 1171.09, shall comply with the following:
      (1)   Exterior lighting plan. Anyone installing a sports court shall submit an exterior lighting plan in compliance with Section 1171.09(b), except that the plan shall be subject to the approval of the Building Commissioner and need not be referred to the Planning Commission for approval. At the Building Commissioner's discretion, an exterior lighting plan submitted pursuant to this subsection (f)(1) may be referred to the Planning Commission for approval.
      (2)   Screening. All outdoor lighting of sports courts shall be screened from the view of adjoining properties by vegetation and foliage, as determined by the Building Commissioner, and such screening shall be shown on the exterior lighting plan required by subsection (f)(1).
      (3)   Time restrictions. All outdoor fixtures used to illuminate a sports court shall be turned on only when the sports court is in use, except that the fixtures shall be turned off between 11:00 PM and sunrise on Friday and Saturday and 10:00 PM and sunrise on Sunday through Thursday. Nighttime shut-off shall be accomplished by astronomical time clock or photo-cell. Other shut-off shall be manual or by a commercial-grade motion sensor.
      (4)   The maximum pole height for the mounting of outdoor fixtures to illuminate a sports court is twenty-five (25) feet.
      (5)   The total maximum permitted light level on a sports court shall not exceed twenty (20) foot-candles at the playing surface.
         (Ord. 2017-21. Passed 8-9-17.)

1171.11 VISIBILITY AT INTERSECTIONS.

   In any Residential District, on a corner lot, between the building line and the street line, and within the triangular space included between the street lines for a distance of fifty (50) feet from their point of intersection, no fence, shrubs, foliage or structure more than three (3) feet in height above the place of the established grade shall be hereafter planted, erected or permitted to grow.
(Ord. 2012-21. Passed 7-11-12.)

1171.13 FAMILY DAY CARE HOME.

   This Planning and Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well being of parents and children. Furthermore, the operation of a family day care home shall be in a manner that preserves the residential character of neighborhoods. According to ORC 5104.054, any type B family day-care home, whether certified or not certified by the county, shall be considered to be a residential use of property for purposes of municipal, county, and Village zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where childcare is provided for 1 to 6 children and where no more than three children are under two years of age. For the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Type "B" family day-care homes are a permitted accessory use in residential districts, and do not require a Zoning Certificate or a Certificate of Zoning Compliance. (Ord. 2012-21. Passed 7-11-12.)

1171.15 PERFORMANCE STANDARDS.

   No land, building, or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area.
(Ord. 2012-21. Passed 7-11-12.)

1171.17 SIMILAR USES.

        Within each zoning district established by the Planning and Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Planning and Zoning Code, this Section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.
   (a)   Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:
      (1)   The proposed use is not explicitly prohibited in any other district or the Planning and Zoning Code;
      (2)   The proposed use is not listed as a permitted building or use in any other district;
      (3)   The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
      (4)   The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
   (b)   Assignment to Districts. If the Planning Commission approves the proposed similar use, then such similar use shall be added to those districts that allow the principal or conditional use that is most similar, as determined by the Planning Commission.
      (Ord. 2012-21. Passed 7-11-12.)

1171.19 RESERVED.

   EDITOR’S NOTE: This section is reserved for future legislation.

1171.21 TEMPORARY STRUCTURES AND PORTABLE TOILETS.

   (a)   Definitions. For the purpose of this Section, terms or words used herein shall be interpreted according to the following and Chapter 1123.
      (1)   "Construction Dumpster" means any unit designed for the collection of large quantities of trash, yard waste, garbage, building or construction debris, trees, limbs and designed to be delivered and picked up by a truck. Construction dumpsters do not include garbage cans that can be moved by a person.
      (2)   "Portable Toilet" means a portable, self-contained outhouse manufactured of molded plastic used as a temporary toilet for construction and/or large gatherings/events.
      (3)   "Portable, On-Demand Storage Device" ("POD") means any device, container, enclosure or structure, either wheeled trailers or containers carried on motor vehicles or trailers, commonly used to store home furnishings, and other personal items on a temporary basis during a time of home repair, construction, renovation or relocation. Portable, on-demand storage devices do not include self-propelled registered motor vehicles and are not used as habitation for humans or animals, or for the storage of commercial/industrial materials.
   (b)   Portable, On-Demand Storage Devices ("POD").
      (1)   Certificate required. No POD shall be constructed, erected, or placed upon any residential property without first obtaining a Zoning Certificate from the Building Inspector in accordance with Chapter 1129, Certificates.
      (2)   Fee. The fee for a Zoning Certificate for a POD shall be submitted with the application.
      (3)   Application requirements. Applications for a Zoning Certificate for a POD shall be in writing on forms provided by the Building Inspector and shall include the following:
         A.   Description of the POD, including size and dimension; and
         B.   A development plan to scale showing the location of the POD and compliance with the regulations in this Section.
      (4)   Restrictions. All PODs shall comply with the following:
         A.   A Zoning Certificate for a POD shall be valid for a period of sixty (60) days and shall authorize the construction, erection or placement on the property described in the application.
         B.   PODs are only permitted on a lot containing an existing residential dwelling or a residential dwelling under construction/renovation/repair, where a valid building permit/Zoning Certificate has been issued when applicable.
         C.   Only one (1) POD shall be placed on a lot at one time.
         D.   PODs shall be located on a paved area or gravel area unless located on a residential construction project where a driveway is not yet installed, in which case the POD shall be located in the proposed driveway location.
         E.   PODs shall be located entirely on the owner's lot, and when applicable, as close to the residence as possible, not blocking any site lines.
         F.   No part of any POD shall be located on any public property or in the right-of-way.
         G.   Any POD constructed, erected or placed upon property shall comply with all applicable provisions of the Codified Ordinances of the Village of Moreland Hills.
      (5)   Renewal. A Zoning Certificate for a POD may be renewed one time for an additional sixty (60) days provided that the applicant has complied with the requirements of this Section and pays the applicable renewal fee.
   (c)   Construction Dumpsters and Portable Toilets.
      (1)   Zoning certificate required. No Construction Dumpster and/or Portable Toilet shall be constructed, erected or placed upon any residential property without first obtaining a Zoning Certificate from the Building Inspector in accordance with Chapter 1129, Certificates.
      (2)   Fee.   The fee for a Zoning Certificate for Construction Dumpsters and Portable Toilets shall be submitted with the application, plus any applicable road damage fee.
      (3)   Application requirements.   Applications for a Construction Dumpster and/or a Portable Toilet shall be in writing on forms provided by the Building Inspector and shall include the following:
         A.   Description of the Construction Dumpster and/or Portable Toilet, including size and dimension; and
         B.   A development plan to scale showing the location of the Construction Dumpster and/or the Portable Toilet and compliance with the regulations in this Section.
      (4)   Restrictions.   All Construction Dumpsters and Portable Toilets shall comply with the following:
         A.   A Zoning Certificate for a Construction Dumpster and/or a Portable Toilet shall be valid for the duration of a construction project and shall authorize the construction, erection, or placement on the property described in the application. If a Certificate of Zoning Compliance is required for a residential project, the Construction Dumpster and/or Portable Toilet shall be removed before the issuance of the Certificate of Zoning Compliance.
         B.   Construction Dumpsters and Portable Toilets shall only be permitted on a lot containing an existing residential dwelling or a residential dwelling under construction/renovation/repair, where a valid building permit/Zoning Certificate has been issued when applicable.
         C.   Only one (1) Construction Dumpster and one (1) Portable Toilet shall be placed on a lot at any one time.
         D.   Construction Dumpsters and Portable Toilets shall be located on a paved or gravel area unless located on a residential construction project where a driveway is not yet installed, in which case the Construction Dumpster and/or the Portable Toilet shall be located in the proposed driveway location.
         E.   Construction Dumpsters and Portable Toilets shall be located entirely on the owner's lot and when applicable, as close to the residence as possible, not blocking any site lines.
         F.   No part of any Construction Dumpster or any Portable Toilet shall be located on any public property or in the right-of-way.
         G.   Any Construction Dumpster and/or Portable Toilet constructed, erected or placed upon property shall comply with all applicable provisions of the Codified Ordinances of the Village of Moreland Hills.
         H.   The Building Inspector is granted authority to require immediate removal of a Construction Dumpster and/or a Portable Toilet if it is determined the Construction Dumpster and/or the Portable Toilet is no longer needed at the site, the Construction Dumpster/Portable Toilet is filled to capacity or any violation of this Section.
   (d)   Exceptions. The Building Inspector, in the event of emergencies, such as floods, wind storms, fires, or other natural disasters, and man-made disasters, such as sewage back-ups, water leaks, electrical overloads and other similar events beyond the control of the property owner or resident may relax the provisions of this Section to make reasonable allowance for the extension of time periods, limits on number of containers, locations of containers on property, and other appropriate waivers where necessary to assist in recovery, restoration, mitigation of further damage and construction efforts.
(Ord. 2012-21. Passed 7-11-12.)

1171.23 ELECTRICAL POWER GENERATION; AIR CONDITIONING AND AIR HANDLING EQUIPMENT; POOL EQUIPMENT.

   (a)   Intent. The intent of this Section is to enable the location of electrical power generation equipment or facilities, air conditioning or air handling equipment, and pool equipment on properties where such facilities do not create adverse conditions or impacts on neighboring properties.
 
   (b)   Definitions. As used in this section:
      (1)   "Air conditioning" or "air handling equipment" means any unit or combination of units, gas or electrically-operated, used for the cooling, heating or dehumidifying of spaces for human occupation in residential or commercial buildings, but shall not include ordinary window air conditioners, window or wall fans.
      (2)   "Electrical power generation equipment or facilities" or "generators" means any permanent unit or combination of permanent units, gas or combustible operated machinery used for the purpose of supplying electricity for human occupancy in residential or commercial buildings.
      (3)   "Pool equipment" shall mean the pool circulation and filtration equipment or other related devices for the operation of these systems.
 
   (c)   Zoning Certificate Required. No person shall place, construct, connect, or operate, or permit the placement, construction connection or operation of: (i) any electrical power generation equipment or facility ("generators") for the purpose of providing stand-by or backup power, either permanent or temporary; (ii) any air conditioning or air handling equipment; or (iii) any pool equipment on any property in the Village without first obtaining a Zoning Certificate from the Building Inspector pursuant to the provisions of this Section.
 
   (d)   Residential Requirements. Generators, air conditioning or air handling equipment, and pool equipment (for purposes of this subsection (d) collectively referred to as "unit") in Residential Districts shall only be located in compliance with the following requirements.
      (1)   The unit shall be located in the rear yard.
      (2)   Notwithstanding sub-section (1) of this Section, the unit may be placed in a side yard if the following factors demonstrate to the reasonable satisfaction of the Building Inspector that such placement will better serve the home owner and will not create adverse conditions or impacts on neighboring properties:
         A.   Topography;
         B.   Landscaping;
         C.   Location of a patio, deck or pool;
         D.   Window placement;
         E.   Site line from adjacent homes;
         F.   Other similar factors determined by the Building Inspector.
      (3)   The unit shall be placed a minimum of fifty (50) feet from the rear lot line and a minimum of thirty-five (35) feet from any side lot line.
      (4)   The unit shall be screened from view from public rights-of-way and adjacent properties by means of a landscape buffer, consisting of year round plantings of a height of at least equal to the height of the unit. The landscape buffer shall be provided and maintained in a manner reasonably satisfactory to the Building Inspector.
      (5)   The unit shall contain vibration dampeners and sound attenuation equipment sufficient to ensure that the sound level produced during operation shall not exceed 70 db measured at the nearest property line. The Building Inspector shall take a minimum of three sound readings at two-minute intervals. The sound level shall be the average of these readings.
      (6)   The unit shall be situated so as to exhaust into the interior of the lot on which it is located.
      (7)   The unit shall be installed in conformance with the manufacturer's specifications.
      (8)   The unit shall be installed on reinforced concrete pads a minimum of four (4) inches in thickness, placed on firm ground and of sufficient area to support the unit.
      (9)   The unit shall be programmed to cycle for routine testing and maintenance not more than once a week for no more than twenty (20) minutes, Monday through Friday (excluding holidays) between the hours of 9:00 a.m. and 5:00 p.m. only.
      (10)   Generators shall be used only during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.
      (11)   Generators shall be fueled by natural gas.
      (12)   No unit shall be installed prior to the issuance of a Zoning Certificate for a unit.
 
   (e)   Non-residential Requirements. Generators, air conditioning or air handling equipment, and pool equipment (for purposes of this subsection (e) collectively referred to as "unit") in the Business District shall only be located in compliance with the following requirements:
      (1)   The unit shall be located in rear or side yards.
      (2)   The unit shall be placed a minimum of ten (10) feet from any non-residential lot line and ten (10) feet from any residential lot line.
      (3)   The unit shall be situated so as to exhaust into the interior of the lot on which they are located.
      (4)   The unit shall be screened from view from public rights of way and adjacent properties by means of a landscape buffer.
      (5)   The unit shall be placed in sound attenuation enclosures sufficient to ensure that the noise level produced during operation does not exceed 80 db measured at any non-residential property line and 70 db at any residential property line.
      (6)   The unit shall be installed in conformance with the manufacturer's specifications.
 
   (f)   Application Requirements. Applications to the Building Inspector for installation of generators, air conditioning or air handling equipment, and pool equipment shall include:
      (1)   For new construction, a development plan prepared by a licensed registered surveyor showing:
         A.   The exact location of the unit, including measurements to property lines, structures, etc.
         B.   The location of any windows, vents, air intakes, etc.
         C.   A landscape screening plan, showing quantities, sizes and types of plant material existing and to be planted.
         D.   A signed statement from the owner specifying the date by which the landscaping will be completed.
      (2)   For new construction, the floor plan of the residence or non-residential building showing:
         A.   All gas piping and valves from unit to existing source with the type and size of piping, burial depth requirements, etc.
         B.   Evidence that the piping and fuel supply plans meet manufacturer's specifications, National Fuel Gas Code, National Fire Protection Association, and Environmental Protection Agency requirements.
         C.   Electrical panel location including the transfer switch and any other electric equipment associated with the unit, including disconnecting means.
         D.   The type and size of electrical wiring, burial depth requirements, and location of all wiring from unit to source, to unit, to distribution panel.
         E.   Evidence that the electrical plans meet manufacturer's specifications and current National Electrical Code requirements.
      (3)   A copy of the manufacturer's specifications for installation, including clearance requirements, and sound attenuation requirements.
      (4)   The property owner or his/her authorized representative shall be the applicant for the proposed installation.
      (5)   For existing homes, a one line boundary survey prepared by a licensed registered surveyor showing:
         A.   The exact location of the unit including measurements to the property line(s) if the location is within five feet of the allowed placement.
         B.   The location of any windows, vents, air intakes, etc.
      (6)   For existing homes, the applicant shall also provide the following information:
         A.   The location of all gas piping and valves from unit to existing source with the type and size of piping, burial depth requirements, etc.
         B.   Evidence that the piping and fuel supply plans meet manufacturer's specifications, National Fuel Gas Code, National Fire Protection Association, and Environmental Protection Agency requirements.
         C.   Electrical panel location including the transfer switch and any other electrical equipment associated with the unit, including disconnecting means.
         D.   The type and size of electrical wiring, burial depth requirements, and location of all wiring from unit to source, to unit, to distribution panel.
         E.   Evidence that the electrical plans meet manufacturer's specifications and current National Electrical Code requirements.
         F.   A landscape screening plan, showing quantities, sizes and types of plant material existing and to be planted.
         G.   A signed statement from the owner specifying the date by which the landscaping will be completed.
         H.   A copy of the manufacturer's specifications for installation, including clearance requirements, and sound attenuation requirements.
 
   (g)   Approval of Zoning Certificates. Where it is determined that a proposed generators, air conditioning or air handling equipment, or pool equipment complies with all of the criteria of this Section, that no required parking space or similar site feature is being eliminated, and that the amount of open space will not be reduced below the minimum required standards for the use district, the Building Inspector may issue a Zoning Certificate as provided for in Chapter 1129 for the installation of such facilities without referral to the Planning Commission; otherwise, applications for generators, air conditioning or air handling equipment, or pool equipment shall be referred to the Planning Commission.
(Ord. 2017-17. Passed 5-10-17.)
 

1171.25 PROHIBITION OF MEDICAL MARIJUANA ENTITIES.

   (a)   Definitions. For the purpose of this Section, the following terms shall have the meaning herein indicated:
      (1)   "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
      (2)   "Cultivate" means to grow, harvest, package, and transport medical marijuana pursuant to Chapter 3976 of the Ohio Revised Code.
      (3)   "Cultivator" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code.
      (4)   "Dispensary" means an entity licensed pursuant to Sections 3796.04 and 3796.10 of the Ohio Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
      (5)   "Dispense" means the delivery of medical marijuana to a patient or the patient's registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who has an active patient registration with the State of Ohio Board of Pharmacy, authorizing them to receive medical marijuana.
      (6)   "Manufacture" means the process of converting harvested plant marijuana into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.
      (7)   "Medical marijuana entity" means a licensed medical marijuana cultivator, processor, dispensary, or testing laboratory.
      (8)   "Medical marijuana product" means a product that contains cannabinoids that has been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a registered patient, including but not limited to oils, tinctures, edibles, patches, and other forms approved under division (A)(6) or Section 3796.06 of the Ohio Revised Code.
      (9)   "Processor" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
      (10)   "Testing Laboratory" means an independent laboratory located in Ohio that has been issued a certificate of operation by the Department of Commerce to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analysis.
 
   (b)   Prohibited Entities. All Medical Marijuana Entities, excluding Testing Laboratories, are prohibited in all zoning districts in the Village of Moreland Hills. Testing Laboratories are permitted only in a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity in accordance with state law.
(Ord. 2017-30. Passed 8-9-17.)

1171.27 PROHIBITION OF ADULT USE CANNABIS OPERATORS.

   (a)   Definition of Adult Use Cannabis Operator. For the purpose of this Section, “adult use cannabis operator” means a level I adult use cultivator, a level II adult use cultivator, a level III adult use cultivator, an adult use processor, and an adult use dispensary, all as defined in Section 3780.01 of the Ohio Revised Code.
   (b)   Prohibited Activity.
      (1)   Pursuant to Section 3780.25(A) of the Ohio Revised Code, adult use cannabis operators are prohibited within the Village of Moreland Hills, Ohio.
      (2)   No person shall operate as an adult use cannabis operator within the Village of Moreland Hills, Ohio.
      (3)   No building permits, certificates of occupancy, or any other permits shall be granted by the Village of Moreland Hills to any person who intends to open, use any land or devote any floor area of a business for the purpose of the sale of cannabis. Subject to the Section 3780.25(B) of the Ohio Revised Code, no existing business in the Village may expand in any way that would establish the sale of cannabis.
   (c)   If any provision of this Section, or the application of such provision, shall be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Section shall remain in full force and effect.
(Ord. 2024-17. Passed 6-12-24.)

1171.99 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.)

1173.01 CHANGING LAND CONTOURS REGULATIONS.

   (a)   Applicability.
      (1)   No owner, developer, builder, applicant, or occupant shall remove topsoil except in conformity with the provisions of this Section. This Section is applicable when an applicant is only seeking approval to remove topsoil, and the proposed activities do not require site plan approval pursuant to Chapter 1127, Development Plan Review Procedures.
      (2)   Basement or foundation excavations. The provisions of this Section shall not be deemed or construed to apply to any excavation or removal for a basement or foundation for any proposed building for which a building permit has been issued and is in force and effect. However, if such building is not commenced and carried forward, any excavation or removal made preparatory thereto for a basement or foundation shall be filled up and seeded.
 
   (b)   Changing Land Contour; Application Data; Performance Guarantee. Inasmuch as the removal of topsoil, trees and other vegetation, loam, and, gravel, rock, stone, clay and other similar substances from land results in noise and the creation of large quantities of dust, which prove obnoxious to inhabitants in the vicinity thereof; creates erosion and drainage problems, swamps and lakes and frequently results in damage to adjoining properties by disturbing the substructure thereof and tends to have a disrupting effect on ground water supplies, and other similar dangers to public health and safety; results in unsightly and blighted areas unfit for other and useful purposes, thus retarding or preventing the development of desirable residential, and commercial areas, depressing property and other values in the neighborhood and permanently destroying the land, leaving it almost valueless for any purpose, creates street hazards of heavy trucks and other equipment on the streets, and of scattering earth and debris thereon; and unless properly planned, regulated and supervised, such removal has an adverse effect upon the public peace, health, safety and general welfare; therefore, any person, firm, corporation or other entity wishing to change the contours of land by grading, excavating or filling, or desiring to remove topsoil, trees and other vegetation, loam, sand, gravel, rock, stone, clay and other similar substances from land located in any area or place within the Village shall first, prior to commencing or continuing any such operation, file with the Village Engineer a written application for permission to carry on such operations, which application shall contain the following information, in lieu of the submission requirements in Chapter 1127, Development Plan Review Procedures:
      (1)   The name and address of the applicant and the name and address of the owner of the land if it is different from that of the applicant.
      (2)   A description of the land, with boundaries, upon which such operations are proposed to take place. A map of the land, showing its location and dimensions and indicating what part or parts thereof on which it is desired to conduct grading, excavating, filling or removal operations, shall accompany the application.
      (3)   The method of operation to be employed; the time within which such work is to be commenced and completed; the existing and proposed topography of the land and its ultimate proposed use; the type and nature of refilling, reseeding or replanting proposed. Such application shall also contain a statement that the applicant and the owner of the land will furnish a performance guarantee in an amount approved by the Village, if the Zoning Certificate is approved, for changing the contours of the land by grading, excavating, or filling, or for the removal of topsoil or loam; or if the Zoning Certificate is approved, for other removals in accordance with the provisions of this Section.
      (4)   The name and address of any person, firm, corporation or other entity who or which, it is contemplated, will do the actual work of grading, excavating, filling or removal. If any such agreement, contract, lease or other arrangement is in writing, a copy thereof must be attached to the application; if such is not in writing, that statement shall be made in the application.
      (5)   Where deemed appropriate by the Village Engineer, any or all of the following additional information may be required:
         A.   The areas of the described premises that will be exposed at any one time;
         B.   The type of temporary vegetation and/or mulching that will be used to protect exposed areas of the described premises during the construction of any type of improvements thereon; or changes being made in the contours thereon; or in removal or destruction of topsoil, trees and other vegetation located thereon;
         C.   The locations, construction and maintenance of sediment basins (debris basins, desilting basins or slit traps) or other controlled measures on the described premises;
         D.   The type of permanent and final vegetation and structures that will be planted and installed on the described premises and the time within which such vegetation and structures are to be planted and installed;
         E.   A description of the type of the soil comprising the described premises;
         F.   For disturbed areas greater than 0.1 acres, an erosion and sediment control plan shall be prepared and submitted per Chapter 971 of the Codified Ordinances.
            (Ord. 2015-17. Passed 5-13-15.)
 
   (c)   Application Procedures.
      (1)   The application shall be forwarded to the Planning Commission by the Village Engineer, together with a written report by him with respect to the statements contained therein and his recommendations thereon. The Planning Commission shall review the application according to the procedures in this Section and in Chapter 1127, Development Plan Review Procedures.
      (2)   The Planning Commission may request a report from the Chagrin River Watershed Partners, Inc. or other such technical experts as necessary, stating their recommendations for adequate erosion and sediment control measures for the proposed grading, excavating, filling or removal operation. After securing all such information as it deems necessary, the Planning Commission shall set the matter down for a public hearing and mail a notice thereof to the applicant and owner of the land at the address given in the application not less than ten (10) days prior to the public hearing, excluding the day of the mailing and including the day of the public hearing. If, after such hearing, the Planning Commission determines that the granting of the application will not adversely affect the public welfare, peace, health, safety and convenience, it shall grant the application with such conditions relating to the method of grading, excavating, filling or removal of the land or area on which the operations are to be conducted, the terms of the Zoning Certificate, the amount of topsoil or loam to be respread on the land, the amount of the removal which may be permitted on the land, the refilling, reseeding or replanting of the land, the drainage after removal and such other conditions which the Planning Commission may deem necessary for the protection of the public health, safety, peace, convenience and welfare, which conditions shall be made a part of the Zoning Certificate and constitute limitations thereto.
      (3)   If the Planning Commission denies the application, the applicant or owner may appeal to the Board of Appeals pursuant to Chapter 1131, Appeals and Variances.
      (4)   If the application is granted, the Building Inspector shall issue a Zoning Certificate pursuant to Chapter 1129, Certificates, containing the restrictions imposed, if any, upon the posting of a performance guarantee acceptable to the Law Director, running in favor of the Village and conditioned upon the performance of the Zoning Certificate in accordance with its terms, in the amount fixed by the approving body, such performance guarantee to be signed by the applicant, the owner and a surety company, or two good and sufficient sureties satisfactory to the Mayor, when applicable.
         (Ord. 2016-30. Passed 9-15-16.)
 
   (d)   Basement or Foundation Excavations. The provisions of this Section shall not be deemed or construed to apply to any excavation or removal for a basement or foundation for any proposed building for which a building permit has been issued and is in force and effect. However, if such building is not commenced and carried forward, any excavation or removal made preparatory thereto for a basement or foundation shall be filled up and replanted.
 
   (e)   Investigation Expenses to be Paid by Applicant. At the time of submission of the written application under this Section 1173.01 for lot grading and topsoil removal, the applicant shall deposit with the Village Treasurer an amount of money as determined by the Village Engineer, to cover the cost and expense of such investigation as may be necessary to fully review such application and any accompanying maps, and report upon the same to the Planning Commission. The cost and expense of such investigation shall be deducted from such deposit. In case such expenditure exceeds the deposit, such excess shall be paid into the Village treasury by the applicant upon the request of the Clerk of Council. In case such deposit exceeds such expenditure, the balance shall be refunded to the applicant.
   If the application is granted, the applicant shall reimburse the Village Treasurer for any expenses incurred in connection with Village supervision or inspection of the operation as outlined in the Zoning Certificate. Statements for such expenses shall be submitted to the Zoning Certificate holder by the Clerk of Council and shall be subject to payment within thirty (30) days of receipt. Failure to pay such statements shall constitute grounds for revocation of the permit.
 
   (f)   Permit for Minor Work; Fee. All applications for grading and filling under this Section, when determined by the Village Engineer to be so minor, desirable and without potential harm to adjacent landowners and the public health, safety and general welfare, shall be permitted by him, in writing, subject to such conditions as he may require in the public interest. The permittee shall notify the Village Engineer of the completion of the work, which shall then be inspected by the Village Engineer. A fee for the Zoning Certificate shall be required from the applicant. Such application need only contain so much information as the Village Engineer may require, need not be referred to the Planning Commission and no performance guarantee shall be required.
 
   (g)   Ponds. Applications shall be filed with the Building Inspector and a Zoning Certificate issued before the creation of any pond. In the event the proposed pond shall involve a change of land contour, then the provisions of this Section shall be followed, or if it is a minor project in the opinion of the Village Engineer, it shall be treated as under sub-section 1173.01(f). In no event shall any portion of a pond proposed be permitted within fifty (50) feet of an abutting owner's property line. Permission for the creation of a pond within fifty (50) feet of an abutting owner's property line may only be upon review and approval of a variance by the Board of Appeals upon such terms and conditions as it may impose after obtaining the written recommendations and report of the Engineer regarding such request.
 
   (h)   Landscape Mounds/Berms. Notwithstanding any of the provisions of this Section regulating the changing of land contours, no landscape mounds or berms three (3) feet or greater above existing grade shall be permitted.
 
   (i)   Erosion and Sediment Control Plan. In addition to the other requirements of this Section, an applicant shall conform to the regulations promulgated in Chapter 971.
(Ord. 2015-17. Passed 5-13-15.)

1173.03 PROTECTED HILLSIDE ZONE REGULATIONS.

   (a)   Intent. Whereas, the Protected Hillside Zone areas of this Municipality differ from other areas of the Municipality because the hillsides and unique scenic resources and scenic river areas necessitate different provisions for their development and their protection; and
   Whereas, the Protected Hillside Zone regulations are established to achieve, among others, the following objectives:
      (1)   To protect the public and private property owners from the potential damage to human life and safety and property damage that could potentially be caused by increased hillside instability.
      (2)   To assure access to properties within the Protected Hillside Zone by emergency police and fire vehicles to protect persons and property.
      (3)   To preserve and protect the unique scenic resources and scenic river habitats in the Protected Hillside Zone.
      (4)   To preserve and protect the valuable hydrologic systems, fragile hillside and valuable flora and fauna in the Protected Hillside Zone.
      (5)   To permit, subject to the best available technology, development on Protected Hillside Zone areas while conserving and promoting the public health, safety, convenience and general welfare by minimizing problems due to water runoff and soil erosion problems incurred in adjustment of the topography to meet developmental needs.
      (6)   To use the best accepted design, landscape architecture, architecture, civil engineering and hydrological engineering to preserve, enhance and promote the existing and future appearance and resources in Protected Hillside Zone areas.
      (7)   To preserve and enhance the natural beauty of Protected Hillside zones by encouraging the maximum retention of natural topographical features such as natural drainage swales, streams, slope ridge lines, rock outcropping, vistas from and of hillside, trees and other natural plant formations and retain the sense of identity and image that the Protected Hillside Zone areas now impart to the Village.
      (8)   To complement the other actions of this Council including the enactment of an erosion control ordinance, the enactment of a vegetation preservation ordinance and the designation, along with other communities, of the Chagrin River Corridor as a "Scenic Corridor" which should be protected and preserved.
   (b)   Definitions. For the purpose of this Section, the following terms shall have the meaning herein indicated. Other terms shall have the meaning indicated in Chapter 1123, Definitions:
      (1)   "Cut" means a portion of land surface or area from which the earth has been removed or will be removed by excavation.
      (2)   "Earth material" means soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil.
      (3)   "Earth moving" means any excavating, cutting or filling, or any stockpiling thereof.
      (4)   "Earth disturbing activity" means any grading, excavating, filling, drilling or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.
      (5)   "Erosion" means the process by which the land surface is worn away by the action of water, wind, ice or gravity.
      (6)   "Fill" means depositing of soil, rock or other materials by other than natural means.
      (7)   "Finish grade" means the final grade or elevation of the ground surface after grading is completed.
      (8)   "Hillside control measures" means all of the planning work and control that is required and specified by this Section.
      (9)   "Protected Hillside Zone" means those areas within the Village meeting the criteria set forth in sub-section 1173.03 (d).
      (10)   "Impervious surface" means water shedding surface which may include streets, buildings, tennis courts, roofs, driveways, patios, pool decks, parking lots and other similar water shedding surfaces.
      (11)   "Landslide" means the rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
      (12)   "Natural gradient" means the rate of ascent or descent of natural ground surfaces or natural terrains.
      (13)   "Natural ground surface" or "natural terrain" means the ground surface in its original state before any grading, excavation or filling.
      (14)   "Natural vegetation" means plant materials and trees which are indigenous to the area and exist on a site prior to any vegetation destruction, construction, earth moving or earth disturbing activity.
      (15)   "Owner/developer/builder/occupant" means an individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.
      (16)   "Run-off" means the part of precipitation which flows over land without filtering into the soil.
      (17)   "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity, or ice, and has come to rest on the earth's surface.
      (18)   "Slip" means landslide as defined herein.
      (19)   "Sloughing" means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.
      (20)   "Slope" means an inclined ground surface; the inclination is expressed as a ratio of the horizontal distance to the vertical distance.
      (21)   "Soil" means unconsolidated erodible earth material consisting of minerals and/or organics.
      (22)   "Unstable soil" means a portion of land surface or area which is prone to slipping, sloughing or landslides.
   (c)   Protected Hillside Zone Map and Additional Documentation. The Protected Hillside Zone Map shall be available for guidance and review in the office of the Building Inspector, and such map shall be published as a convenient reference document and the information contained therein shall be believed to be accurate. However, the Village shall not certify the accuracy of the map and shall assume no liability or responsibility for discrepancies between the map and the criteria for the Protected Hillside Zone as set forth in sub-section 1173.03 (d). At the time of development plan review, the Planning Commission may require that the applicant submit additional, definitive documentation of existing and proposed grades.
   (d)   Criteria to Determine Protected Hillside Zone. The Protected Hillside Zone contains one (1) or more of the following criteria:
      (1)   Areas that exhibit evidence of past or present unstable soil.
      (2)   Areas having slopes with a natural gradient within the limits set forth in Exhibit "A" attached to original Ordinance 1992-42 and incorporated herein fully as if by reference and adopted as if by reference.
      (3)   All areas that exhibit evidence of the presence of Geeburg soils, based on the most recent Cuyahoga County soil survey maps or by soil surveys performed by the applicant done by a certified soils specialist.
   (e)   Applicability.  
      (1)   No owner, developer, builder or occupant shall make changes of any land proposed to be subdivided, developed or changed in use by grading, excavating or by their removal or destruction of any natural vegetation or the removal of any topsoil, trees or other vegetation covering thereon within the Protected Hillside Zone as defined in sub-section 1173.03 (d) without first having obtained a Zoning Certificate from the Building Inspector authorizing such activity in the Protected Hillside Zone.
      (2)   This Section shall not be interpreted to prohibit or require an application for normal landscaping, gardening, maintenance or routine arboreal activities or to prohibit small scale planting of ornamental flowers or shrubs or the removal of diseased, dead or damaged trees or trees which are a threat to the health and safety of the owner of the property. However, such activity shall be carried out in the conformance with the standards of vegetation or revegetation of this Section and in accordance with Section 1173.05, Regulations for the Cutting of Trees.
      (3)   Where Geeburg soils are present in the area of proposed disturbance as defined in sub-section 1173.03 (d)(3), no earth disturbing activity shall take place within the Hillside Protection Zone as defined in Exhibit "A" attached to original Ordinance 1992-42.
      (4)   The area of proposed disturbance shall include any area that will be subjected to paving, installation of sidewalks, construction of structures or other man-made improvements.
   (f)   Administration. All applications for development within the Protected Hillside Zone shall be submitted to the Building Inspector. The Building Inspector shall review the application, and in connection with such review, the Building Inspector is authorized to consult and obtain opinions from such other professionals as the Village Engineer, hydrological and geotechnical engineers, botanists, biologists and landscape architects as he may deem necessary. No Zoning Certificate for development within the Protected Hillside Zone shall be issued until the application, together with the report of the Building Inspector, has been reviewed and approved by the Planning Commission, pursuant to Chapter 1127, Development Plan Review Procedures.
   (g)   Application Materials. Maps and data, either separate or combined, shall be provided as required by Chapter 1127 and the following additional information shall be provided for final development plan review:
      (1)   Topographic map. A topographic map that includes a drawing, showing contours at two foot intervals based on the County datum plane. It shall show approximate direction and gradient of ground slope on immediately adjacent land; indicate subsurface condition of tract; and show watercourses, marshes, wooded areas, isolated preservable trees and other significant features. The topography shall be at the same scale as the preliminary plan. In addition to those requirements this drawing shall clearly indicate the limits of the Protected Hillside Zone.
      (2)   Development plan. A development plan, superimposed on the topographic and property line map, should show the following:
         A.   Improvements Plan. Must depict the location of all improvements and impervious surfaces with a clear indication of their relationship to the Protected Hillside Zone, including, but not limited to, all structures, utilities, septic systems, driveways, terraces, tennis courts, pools, etc.
         B.   Grading Plan. Must show proposed contours and shall list the total amount of cut and fill and shall show the extent of all cut and fill operations.
         C.   Profiles. The Village reserves the right to request profiles and/or cross sections that will indicate proposed and existing grades.
      (3)   Geotechnical report. A geotechnical report by a qualified geotechnical engineer, that addresses all factors pertinent to site stability, both present and future, will be required by the Village, and shall include the following:
         A.   Present Stability Evaluation. An evaluation of the present stability of the site, based on field exploration that includes test borings, followed by lab testing and stability analysis.
         B.   Future Stability Evaluation. An evaluation of the effect of the planned construction on stability based on the findings in (1) above.
         C.   Recommended Strategies. Detailed strategies to insure that existing or potential instabilities will be mitigated.
      (4)   Vegetation management report. A vegetation removal and revegetation report shall be submitted by a registered landscape architect, and it will address the following:
         A.   Vegetation Inventory. A development plan showing the general limits of the various kinds of vegetation (wood lot, meadow, etc.), the locations of all trees nine (9) inch or greater in caliper fourteen inches above ground level (including their genus, species and condition) that are within fifty (50) feet of the limits of the area proposed to be disturbed; location and type of vegetation to be destroyed; location and type of vegetation to be removed due to health, safety and welfare requirements.
         B.   Landscape Plan. A landscape plan, prepared or approved in writing by a professional registered landscape architect trained and experienced in both the characteristics of plant material and proper procedures for installation, shall be submitted with each application for development within the Hillside Protection Zone.
   (h)   Required Hillside Control Measures. The following standards and procedures shall be applied by the Building Inspector and Planning Commission in reviewing an application for development in the Protected Hillside Zone:
      (1)   Control of erosion and sedimentation. Plans shall meet the standards of Chapter 971.
      (2)   Gradients. The following standards will be applied to the Protected Hillside Zone:
            A.   Driveways. No driveways will exceed a maximum gradient of ten percent (10%).
         B.   Embankments. Fill areas may not exceed three feet horizontal to one foot vertical slope.
         C.   Excavations. Cut areas may not exceed a two and one half horizontal to one foot vertical slope.
      (3)   Septic systems. Leach beds shall not be located on slopes in excess of four feet horizontal to one foot vertical slope.
      (4)   Exception. An applicant may request an exception to the requirements of this sub-section when compliance would prevent reasonable development of the subject site. To request such an exception, an applicant shall submit an alternative method of meeting the intent of this Section, as stated in sub-section 1173.03 (a). To demonstrate such an alternative, the applicant shall submit sufficient documentation in the form of engineering plans, geotechnical reports and/or plans, schematic designs, financial information indicating the practicality of the proposed alternative, and any other information deemed necessary by the Village Engineer and/or the Planning Commission.
In evaluating this proposed exception, the Planning Commission, after considering a recommendation from the Village Engineer, shall determine that:
         A.   The proposed alternative substantially complies with all specific requirements and with the intent of the Hillside Protected Hillside Zone; and,
         B.   The exception, as proposed, shall have no adverse impact upon the subject site, the surrounding properties or upon the health, safety or general welfare of the community.
Prior to preparing the application materials required by this sub-section, the applicant may present to the Planning Commission preliminary plans, which indicate the general nature of the proposed alternative, in order to seek advice from the Commission to determine if such an alternative is reasonable to explore.
   (i)   Schedule of Fees and Deposits. At the time of filing the application for development within the Protected Hillside Zone, there shall be paid to the Treasurer a filing fee. There shall also, at such time, be deposited with the Treasurer and thereafter maintained on deposit an amount as determined by the Building Inspector based on his estimate of the costs to be incurred by the Village in reviewing the application for a Zoning Certificate and to insure payment by the applicant of expenses incurred by the Village in the processing of the application and all pertinent papers connected therewith.
      (1)   The cost and expense of any investigation which may be necessary by the Building Inspector, Village Engineer, hydrological and geotechnical engineers, botanists, biologists, landscape architects and the Law Director and such other Village officials to determine whether the proposed application is in accordance with law, the cost of any and all notices required, and all other necessary expenses shall be paid by the owner, applicant, developer or builder.
      (2)   The actual expenditures shall be paid by the applicant upon demand of the Treasurer. The unexpended balance of the deposit shall be refunded to the applicant upon completion of all administrative proceedings involved in connection therewith. No filing fee shall be refunded or returned. No Zoning Certificates shall be issued until any amounts required to be paid by the applicant have been paid.
   (j)   Appeals. If any person is aggrieved by any provisions of this Section or the final determination of the Planning Commission, said person may appeal to the Court of Common Pleas.
   (k)   Civil Penalty.
       (1)   In the event of a continued violation of the approved development in the Protected Hillside Zone, a public hearing on the matter shall be conducted by the Planning Commission. Written notice of such hearing shall be served upon the owner, developer, builder or occupant by registered mail and shall state:
         A.   The grounds of the complaint;
         B.   The time and place such hearing is to be held.
Such notice shall be served at least fifteen (15) days prior to the date set for the hearing. At any such hearing, the owner, developer, builder or occupant shall be given an opportunity to be heard and he may call witnesses and present evidence on his behalf.
If, after such hearing, the Planning Commission concludes that the issuance of additional corrective notices would be futile, any performance guarantees or cash deposits posted with the Village shall be forfeited, whereupon such security shall be used for completion of the approved development in the Protected Hillside Zone. Any additional costs incurred by the Village shall be certified to Council for certification to the County Auditor for placement as a lien upon the property under authority of Ohio R.C. 715.47.
      (2)   In the case of a real and present emergency, the Building Inspector shall refer the matter to the Law Director who shall institute an appropriate action at law. (Ord. 2012-21. Passed 7-11-12.)
  

1173.05 REGULATIONS FOR THE CUTTING OF TREES.

   (a)   Timbering or Commercial Cutting Defined. As used in this Section, "timbering or commercial cutting" means the cutting or removal of five (5) trees or more having a trunk diameter of eight (8) inches or more DBH (diameter at breast height).
(Ord. 2018-10. Passed 5-9-18.)
   (b)   Zoning Certificate Required. There shall be no clear-cutting, timbering or commercial cutting of trees on any piece or parcel of land located within the Village unless a Zoning Certificate therefor shall have been issued by the Building Inspector.
   (c)   Clear-cutting.  
      (1)   Clear-cutting is defined as: The removal of trees from a forested area to the extent that there is a clear danger of soil erosion and depositing of eroded soil upon adjacent land, public streets, private streets, or into adjacent waterways. The removal of all trees from a forested area at one time, without regard to species, quality, age or spacing shall be deemed clear-cutting.
      (2)   Clear-cutting is prohibited, except to the extent necessary to clear a building site, driveway, pool, tennis court, accessory building, household sewage treatment system and right of way providing access to the site from a dedicated public street, after a permit therefor has been issued by the Building Inspector. (Ord. 2012-21. Passed 7-11-12.)
   (d)   Selective Cutting.  
      (1)   Timber Stand Improvement (TSI) is defined as improving the quality of a forest stand by removing or deadening undesirable species to achieve desired stocking and species composition. TSI practices include applying herbicides, burning, girdling, or cutting.
      (2)   Selective cutting is defined as the partial cutting of a timbered area, removing the over mature and partially defective trees. The cutting is so designed to result in a uniform forest canopy, which will permit optimum growth and maintain natural conditions following cutting.
      (3)   Selective or Timber Stand Improvement shall be permitted under the following conditions, upon application to the Building Inspector.
         A.   The Building Inspector and the owner or his or her representative shall together inspect the wooded area to be selectively cut, to butt brand and ribbon the specific trees to be cut. A comprehensive list of all trees listing size by DBH (diameter at breast height), species and condition shall be provided to the Building Inspector before initiation of the project. If the Building Inspector and the owner or his or her representative are unable to come to an agreement regarding the specific tree(s) to be cut, the Building Inspector may hire an arborist, at the Village’s expense, to determine the specific tree(s) to be cut.
         B.   Only trees so branded and marked shall be cut. Each unauthorized cutting of an unmarked tree shall constitute a separate violation of this Section and shall constitute grounds for the immediate revocation of the permit.
         C.   A maximum of four (4) trees shall be permitted to be cut with a trunk diameter of eight (8) inches or more DBH (diameter at breast height). All reasonable care must be taken to prevent damage to trees that remain, so that the wooded area may return to its original condition in a reasonable amount of time.
            (Ord. 2018-10. Passed 5-9-18.)
   (e)   Applications for Zoning Certificate. An application for a Zoning Certificate to cut trees, as required by this Section, shall be in writing and shall set forth in full the name and address of each owner of the premises upon which it is proposed to engage in the cutting of trees; the name and address of each person who shall engage in the cutting of trees on such premises, either under contract or any other arrangement with the owner; a copy of this company's proof of insurance, and a performance guarantee; a copy of the contract covering such arrangement for the cutting of trees, or if there is no such contract reduced to writing, a succinct statement of the terms and provisions of such arrangement; and the address and Permanent Parcel Number of the premises upon which such cutting of trees is proposed, or a sketch of the location of the trees on the premises, and a comprehensive list of trees to be removed.
(Ord. 2012-21. Passed 7-11-12.)
   (f)   Conditions of Zoning Certificate; Performance Guarantee. The conditions under which Zoning Certificates shall be issued under this Section are as follows:
      (1)   A review of the impacts to erosion, stream sedimentation, storm water runoff, streams and wetlands.
      (2)   A Zoning Certificate for the cutting of trees shall not be issued by the Building Inspector in any case where such cutting of trees would result in interference with the natural water supply of the Village or any of the lots or lands therein, or if it would result in the undue erosion of the soil on such lots or lands.
      (3)   A Zoning Certificate for the cutting of trees shall require that each tree be cut to within twelve inches of grade, or as close thereto as reasonably possible, and all of the cordwood branches, brush, rubble and refuse resulting therefrom will be removed from the premises or cut up, chipped and placed on the forest floor in such a way that no fire hazard shall result therefrom. A follow-up inspection by the Building Inspector shall be completed to assure the Village of such compliance.
         (Ord. 2018-10. Passed 5-9-18.)
      (4)   The Building Inspector is authorized to require the filing with the Village by the applicant of a performance guarantee, the penal sum of which shall be in an amount which the Building Inspector reasonably estimates will be sufficient to pay the cost and expense of the clean-up operation (defined as the final process of removing of debris resulting from the cutting of trees and as outlined above in subsection (3) hereof) deemed necessary during the follow-up inspection.
      (5)   The performance guarantee hereinabove provided for shall be signed by the owner of the premises concerned and by each of the persons with whom arrangements have been made for the commercial cutting of the trees under contract or otherwise as principals, and by such sureties as the Building Inspector shall deem sufficient. Any Zoning Certificate granted shall be valid for a period of ninety (90) days.
   (g)   Exemptions. The following activities and properties are exempt from the regulations in this Section and no Zoning Certificate for tree removal is required.
      (1)   The removal of dead, diseased or damaged trees.
      (2)   The removal of trees necessary for the construction, operation and maintenance of drainage facilities and sanitary and storm sewers approved by the Village.
      (3)   The removal of trees for construction of public roadways/streets and improvements approved by the Village.
      (4)   The removal of trees in time of emergency or which pose potential danger to life or property.
      (5)   The removal of trees required for the installation, maintenance and repair of underground and overhead utilities approved by the Village.
      (6)   Timber harvests performed under the Agricultural Use Value Tax Reduction Program, or the Ohio Forest Tax Law Program.
      (7)   The removal of trees as necessary to develop in accordance with an approved development plan. (Ord. 2012-21. Passed 7-11-12.)
   (h)   Tree Cutting Not Requiring a Zoning Certificate. Notwithstanding the exemptions set forth in subsection (g), the cutting of trees within the Village that does not require a zoning certificate shall be subject to the requirement that each tree shall be cut to within twelve (12) inches of grade, or as close thereto as reasonably possible, and all of the cordwood branches, brush, rubble and refuse resulting therefrom shall be removed from the premises or cut up, chipped and placed on the forest floor in such a way that no fire hazard shall result therefrom.
(Ord. 2017-19. Passed 5-10-17.)
   (i)   Violations. The list of offenses that could result in violations of this Section shall include, but not be limited to:
      (1)   Removal or destruction of a tree without a zoning certificate, but not including the removal or destruction of the up to four (4) trees permitted without a zoning certificate under this section;
      (2)   Removal of more trees than listed on the zoning certificate;
      (3)   Commencing tree cutting without a zoning certificate;
      (4)   Failure to adequately protect trees during operation, and
      (5)   Improper clean-up operations, as defined in Section 1173.05 (f)(3) and (h).
         (Ord. 2018-10. Passed 5-9-18.)

1173.07 RIPARIAN SETBACK REGULATIONS.

   (a)   Purpose and Scope.
      (1)   It is hereby determined that the system of rivers, streams, and other natural watercourses within the Village of Moreland Hills contributes to the health, safety, and general welfare of the residents of the Village of Moreland Hills. The specific purpose and intent of this regulation is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:
         A.   Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.
         B.   Assist stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, streambank erosion, and the downstream transport of sediments eroded from watercourse banks.
         C.   Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
         D.   Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.
         E.   Provide watercourse habitats with shade and food.
         F.   Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
         G.   Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
         H.   Benefit the Village of Moreland Hills by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the Village of Moreland Hills, and thereby preserving the character of the Village of Moreland Hills, the quality of life of the residents of the Village of Moreland Hills, and corresponding property values.
      (2)   This Section has been enacted to protect and enhance these functions of riparian areas by providing reasonable controls governing structures and uses within a riparian setback along designated watercourses in the Village of Moreland Hills.
   (b)   Applicability, Compliance and Violations.
      (1)   This regulation shall apply to all zoning districts.
      (2)   This regulation shall apply to all structures and uses on lands containing a designated watercourse as defined in this Section, except as provided herein.
      (3)   No approvals, certificates, or permits shall be issued by the Village of Moreland Hills without full compliance with the terms of this Section.
   (c)    Establishment of Designated Watercourses and Riparian Setbacks.
      (1)   Designated watercourses shall include those watercourses meeting any one of the following criteria:
         A.   All watercourses draining an area greater than ½ square mile, or
         B.   All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Village of Moreland Hills may consult with a representative of the Chagrin River Watershed Partners, Inc. or other such technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.
      (2)   Riparian setbacks on designated watercourses are established as follows:
         A.   A minimum of 300 feet on either side of all watercourses draining an area greater than 300 square miles.
         B.   A minimum of 120 feet on either side of all watercourses draining an area greater than 20 square miles and up to 300 square miles.
         C.   A minimum of 75 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.
         D.   A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by the Village of Moreland Hills in Section 1173.07 (c)(1)B. of this Section.
      (3)   Riparian Setback Map. The Village of Moreland Hills has created a map identifying designated watercourses and their riparian setbacks. Said map is made part of this Section and is identified as Exhibit A. The following shall apply to the Riparian Setback Map:
         A.   It shall be used as a reference document and the information contained therein shall be believed to be accurate.
         B.   It shall be a guide only.
         C.   Nothing herein shall prevent the Village of Moreland Hills from amending the Riparian Setback Map from time to time as may be necessary.
         D.   If any discrepancy is found between the Riparian Setback Map and this regulation, the criteria set forth in Section 1173.07 (d) (1) and (2) shall prevail.
      (4)   The following conditions shall apply in riparian setbacks:
         A.   Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse.
         B.   Except as otherwise provided in this Section, riparian setbacks shall be preserved in their natural state.
         C.   Where the floodway is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodway. The 100-year floodway shall be defined by FEMA. If a FEMA defined floodway does not exist for a designated watercourse, the Village of Moreland Hills may require a site-specific floodway delineation in conformance with standard engineering practices and approved by the Village of Moreland Hills. Any costs associated with reviewing this site-specific floodway delineation may be assessed to the applicant.
   (d)   Applications and Development Plans.  
      (1)   The applicant shall be responsible for delineating riparian setbacks as required by this Section and shall identify such setbacks on a development plan included with all subdivision plans, development plans, and/or Zoning Certificate applications submitted to the Village of Moreland Hills. The development plans shall include the following information in addition to the requirements in Chapter 1127, Development Plan Review Procedures:
         A.   The locations of all designated watercourses.
         B.   The limits, with dimensions, of the riparian setbacks.
         C.   The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relationship to all designated watercourses.
         D.   Other such information as may be necessary for the Village of Moreland Hills to ensure compliance with this Section.
      (2)   The Village of Moreland Hills may, in reviewing the development plan, consult with the Chagrin River Watershed Partners, Inc. or other such technical experts, as necessary. Any costs associated with this review may be assessed to the applicant.
      (3)   If soil disturbing activities will occur within fifty (50) feet of the outer boundary of the applicable riparian setback as specified in this Section, the riparian setback shall be clearly identified by the applicant on site with construction fencing as shown on the development plan. Such identification shall be completed prior to the initiation of any soil disturbing activities and shall be maintained throughout soil disturbing activities.
      (4)   No approvals, certificates, or permits shall be issued by the Village of Moreland Hills prior to identification of riparian setbacks on the affected land in conformance with this regulation.
   (e)   Uses Permitted in Riparian Setbacks.    
      (1)   Uses permitted by right. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this sub-section. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.
         A.   Recreational Activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal and state laws as well as the provisions of this Code.
         B.   Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
         C.   Revegetation and/or Reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species.
      (2)   Conditional uses. A use listed below shall be permitted as a conditional use within a riparian setback, provided the Planning Commission first makes the determination that the requirements of Chapter 1177, if applicable, have been met, according to the procedures set forth in Chapter 1129, Certificates.
         A.   Crossings. Crossings of designated watercourses through riparian setbacks with streets, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan. Any costs associated with review of Crossing Plans may be assessed to the applicant.
         B.   If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to the Village of Moreland Hills. Proof of compliance shall be the following:
            1.   A development plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit,
            2.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
            3.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
         C.   Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such streambank stabilization measures shall only be undertaken upon approval. Any costs associated with review of Streambank Stabilization Plans may be assessed to the applicant.
         D.   If streambank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification) shall be provided to the Village of Moreland Hills. Proof of compliance shall be the following:
            1.   A development plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
            2.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or,
            3.   A copy of the authorization letter from the U.S., Army Corps of Engineers approving activities under an Individual Permit.
         E.   Storm Water Management Facilities. Storm water management facilities may be constructed in the riparian setback, provided:
            1.   Where the minimum riparian setback is less than or equal to fifty (50) feet, the storm water management facilities are located outside the minimum riparian setback.
            2.   Where the minimum riparian setback is greater than fifty (50) feet, storm water management facilities are located at least 50-feet from the ordinary high water mark of the designated watercourse.
         F.   Landscaping. The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with an approved Landscaping Plan. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:
            1.   Maintain trees in the riparian setback larger than nine (9) inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.
            2.   Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.
   (f)   Uses Prohibited in Riparian Setbacks. Any use not authorized under this Section shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here: (Ord. 2012-21. Passed 7-11-12.)
      (1)   Construction. There shall be no buildings or structures of any kind, except that a building or structure may be built within a riparian setback subject to the following:
         A.   The structure does not exceed two hundred (200) square feet;
         B.   The structure is anchored securely to the ground so that it will not become dislocated in a rain event or flooding incident; and
         C.   Any application to build a structure in a riparian setback shall be reviewed and approved by the Village Engineer.
            (Ord. 2017-14. Passed 5-10-17.)
      (2)   Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
      (3)   Fences and Walls: There shall be no fences or walls, except as permitted under this Section.
      (4)   Streets or Driveways. There shall be no streets or driveways, except as permitted under this Section.
      (5)   Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under this Section.
      (6)   Disturbance of Natural Vegetation: There shall be no disturbance of natural vegetation within riparian setbacks except for the following:
         A.   Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
         B.   Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this Section.
         C.   Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
      (7)   Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles: There shall be no parking spaces, parking lots, or loading/unloading spaces.
      (8)   New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setbacks shall not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system and in accordance with recommendations of the Cuyahoga Board of Health.
   (g)   Definitions. For the purpose of this regulation, the following terms shall have the meaning herein indicated. Other terms shall have the meaning indicated in Chapter 1123, Definitions.
      (1)   Damaged or Diseased Trees. Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or onto a structure.
      (2)   Designated Watercourse. A watercourse within the Village of Moreland Hills that is in conformity with the criteria set forth in this Section.
      (3)   Federal Emergency Management Agency (FEMA). The agency with overall responsibility for administering the National Flood Insurance Program.
      (4)   Impervious Cover. Any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, streets, driveways, parking lots, loading/unloading areas, decks, patios, and swimming pools.
      (5)   Noxious Weed. Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For, the purposes of this Section, the most recent version of this list at the time of application of this Section shall prevail.
      (6)   100-Year Floodplain. Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year.
      (7)   Environmental Protection Agency. Referred throughout this regulation as the "Ohio EPA."
      (8)   Ordinary High Water Mark. The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.
      (9)   Riparian Area. Land adjacent to watercourses that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
      (10)   Riparian Setback. The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this Section.
      (11)   Soil Disturbing Activity. Clearing, grading, excavating, filling, or, other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
      (12)   Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed, 50% of the market value of the structure before the damage occurred.
      (13)   Watercourse. Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
      (14)   Wetland. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
   (h)   Inspection of Riparian Setbacks. The identification of riparian setbacks shall be inspected by the Village of Moreland Hills:
      (1)   Prior to soil disturbing activities authorized under this regulation, the applicant shall provide the Village of Moreland Hills with at least two (2) days written notice prior to starting such soil disturbing activities.
      (2)   Any time evidence is brought to the attention of the Village of Moreland Hills that uses or structures are occurring that may reasonably be expected to violate the provisions of this regulation.
         (Ord. 2012-21. Passed 7-11-12.)

1173.99 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.)

1175.01 INTENT.

   The preservation of existing trees and vegetation, as well as the planting of new trees and vegetation, can significantly add to the quality of the physical environment in the Village of Moreland Hills. The regulations contained in this Chapter are designed to provide for the health, safety, and welfare of the residents of the Village by:
   (a)   Promoting the proper utilization of landscaping and screening as a buffer between certain land uses to minimize the possibility of nuisances including potential noise, glare, and the visual clutter associated with parking areas;
   (b)   Providing interruption of large expanses of vehicular use areas and reduction of reflected heat and glare through the implementation of interior and perimeter vehicular use area landscaping;
   (c)   Improving the appearance of off-street parking areas and vehicular use areas and properties abutting public rights-of-way;
   (d)   Providing areas of permeable surfaces in order to:
      (1)   Allow the infiltration of surface water into groundwater resources;
      (2)   Reduce the quantity of storm water discharge, which helps to reduce the hazards of flooding and aids in the control of erosion and storm water runoff; and,
      (3)   Improve the quality of storm water discharge.
   (e)   Establishing minimum standards for the consistent appearance of plant material in the community landscape;
   (f)   Providing physiologically, psychologically, sociologically, and aesthetically necessary counterpoints to the man-made environment; and,
   (g)   Protecting, preserving, and promoting the aesthetic character valued by the residents of the Village of Moreland Hills.
      (Ord. 2012-21. Passed 7-11-12.)

1175.03 SCOPE OF APPLICATION.

   (a)   The provisions of this Chapter shall apply to:
      (1)   All new development on vacant land that requires the submission of a development plan and issuance of a Zoning Certificate or building permit. The required landscaping shall be so indicated on plans submitted as part of the applicable application.
      (2)   The entire site of existing development when substantial expansion or alteration is conducted and one of the following criteria exists. An alteration or expansion of an existing property is substantial when:
         A.   The expansion of an existing building exceeds twenty-five percent (25%) of the gross floor area of the existing building;
         B.   The expansion of the vehicular use area exceeds twenty-five percent (25%) of the total existing vehicular use area; or,
         C.   The land area of the development site is increased by twenty percent (20%) or more.
      (3)   The portion of a developed site devoted to the expansion or alteration of an existing building, structure or vehicular use area when such site is not governed by subsection 1175.03(a)(2) above. The minimum landscaping and screening required by this Chapter shall be provided to the extent of the alteration or expansion, but not for the entire property of which the alteration or expansion is a part.
   (b)   Single-family detached dwellings shall be exempt from the requirements of this Chapter, except that all areas not devoted to buildings, drives, and decorative landscape features shall be planted with trees, shrubs, grass, ground cover, or other live landscape treatment.
   (c)   The requirements of this Chapter are minimum landscaping requirements, and nothing herein shall preclude a developer and the Village from agreeing to more extensive landscaping. (Ord. 2012-21. Passed 7-11-12.)

1175.05 DEFINITIONS.

   Terms related to required landscaping and screening shall have the following meanings:
   (a)   Berm. A linear mound of earth designed to provide visual interest, screen undesirable views, buffer adjacent uses, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.
   (b)   Caliper. The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken at diameter-at-breast-height.
   (c)   Diameter-at-breast-height (DBH). The diameter of a tree trunk measured in inches at a height 4.5 feet above ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point below the split.
   (d)   Large Tree. A living tree with a DBH measurement at maturity of at least six (6) inches.
   (e)   Shade Tree. A tree with foliage that usually sheds annually and is planted primarily for its high crown of foliage or overhead canopy.
   (f)   Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
   (g)   Small Tree. A living tree with a DBH measurement at maturity of at least four (4) inches.
(Ord. 2012-21. Passed 7-11-12.)

1175.07 LANDSCAPING ALONG THE STREET FRONTAGE AND PARKING SETBACK.

   In addition to the requirements of Section 1175.09(c), all areas within the required building and parking setback adjacent to a street right-of-way as well as the front or corner lot setbacks, excluding driveway openings, shall be landscaped as required below. The following minimum plant materials shall be provided and maintained on all lots or developments:
   (a)   One (1) large, shade tree shall be provided for every fifty (50) linear feet of lot frontage or fraction thereof, not including drive entrances.
   (b)   One (1) shrub shall be provided for every ten (10) linear feet of lot frontage or fraction thereof, not including drive entrances.
   (c)   All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment.
   (d)   Trees and shrubs may be aggregated appropriately, as approved by the Planning Commission.
(Ord. 2012-21. Passed 7-11-12.)

1175.09 SCREENING AND LANDSCAPING OF PARKING LOTS.

   (a)   Landscaping on the Interior of Parking Lots: Interior landscaping of parking lots shall be provided in accordance with the following requirements.
      (1)   For any parking area designed to accommodate fifty (50) or more vehicles, a minimum of five percent (5%) of the parking lot shall be planted as landscaped island areas, developed, and reasonably distributed throughout the parking lot to define major circulation aisles and driving lanes and provide visual and climatic relief from broad expanses of pavement, except perimeter plantings may be used to satisfy the requirements in this Section when parking facilities are less than sixty-two (62) feet in width.
      (2)   Each interior landscaped area shall be no less than 200 square feet. The minimum width for each area shall be ten (10) feet. In all cases, the minimum distance from a tree to the back of curb shall be four (4) feet;
      (3)   Within the landscaped islands, there shall be provided one shade tree for every 10 parking spaces.
      (4)   Shrubs or low, spreading plant materials may also be planted within the required landscaped islands provided there is no impairment to the visibility of motorists or pedestrians.
      (5)   If the specific application of the interior landscape requirements will seriously limit functions of the building site, the Planning Commission shall have authority to permit consolidation and relocation of these landscaped areas on the building site.
      (6)   Landscaped areas along the perimeter of the parking area, or in any part of a yard, shall not be counted as interior parking lot landscaped areas, except as provided for in sub-section (1) above.
      (7)   If a landscaped island exceeds fifty (50) linear feet, one shade tree shall be planted per fifty (50) feet of length or fraction thereof.
      (8)   For the purpose of this Section, the area of a parking lot shall be the total vehicular use area within the perimeter of the parking lot, including the landscaped islands, parking spaces and all circulation aisles except those with no parking spaces or landscaped islands located on either side. See Figure 1, Parking Lot Interior Calculation.
Figure 1. Parking Lot Interior Calculation.
 
   (b)   Perimeter Landscaping Requirements. In addition to the requirements of sub-sections 1175.09 (a) and 1175.09 (c) hereof, perimeter landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right-of-way. A landscaped strip, which has a minimum depth of ten (10) feet, except as otherwise regulated in Chapter 1177, Conditional Use Regulations, shall be located between the parking area and the abutting property lines. One large shade or two, small shade trees for each forty (40) lineal feet shall be planted in the landscaping strip. However, this does not mean that shade trees must be located forty (40) feet on center or be spaced forty (40) feet apart. This landscaping strip shall be landscaped open space free of any wall, fence, embankment and/or walkway. Such wall, fence, etc. may exist or be constructed on the edge of such landscape strip. The requirements of this section shall not apply where planting is required for screening pursuant to Section 1175.11, Buffering and Screening Between Districts and Uses.
   (c)   Screening Along Public Streets. In addition to the requirements of sub-sections 1175.09 (a) and 1175.09 (b) hereof, whenever parking areas consisting of five (5) spaces or more abut or are located within forty (40) feet of a public street, a buffer yard, which has a minimum depth of ten (10) feet, except as otherwise regulated in Chapter 1177, Conditional Use Regulations, and screening shall be provided and maintained between the parking area and the street right-of-way line. This screening shall be any combination of ornamental fencing or a brick wall and landscaping such that a solid, continuous visual screen is provided, unless additional requirements are mandated elsewhere in this Planning and Zoning Code. When landscaping is utilized in combination with ornamental fencing, trees and/or shrubs, such materials shall be planted and spaced to form a solid, continuous visual screen within one (1) year after the initial installation according to the following:
      (1)   All shrubs, at the time of planting, berms; walls; and fences shall have a minimum height of three (3) feet, measured from the highest finished grade of the parking area.
      (2)   Such landscaping and/or screening shall be located parallel to and within five (5) feet of the edge of the parking lot.
      (3)   Where trees are included in the screening of parking areas, a minimum distance of four (4) feet shall be provided between the edge of pavement or back of curb and tree plantings.
   The requirements of this subsection shall not apply where planting is required for screening pursuant to subsection 1175.11 (c)(5).
(Ord. 2012-21. Passed 7-11-12.)

1175.11 BUFFERING AND SCREENING BETWEEN DISTRICTS AND USES.

   (a)   Intent. The intent of this Section is to establish provisions for a visual screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise, and other objectionable activities conducted on a given lot.
   (b)   Screening. Screening, as required by the provisions of this Code, shall be of such nature and density that it will screen the activities on the lot from view from the normal level of a first story window on an abutting lot.
   (c)   When Required. A buffer yard shall be required when:
      (1)   A lot in the Retail Business District abuts the Dwelling House District;
      (2)   A lot in the Townhouse District abuts the Dwelling House District;
      (3)   A lot in the Dwelling House District is devoted to a non-residential, conditional use;
      (4)   Mandated by the Conditional Use Regulations in Chapter 1177; and,
      (5)   Any wall of a non-residential building in a Retail Business District faces or is across the street from a Dwelling House District, screening shall be installed along the full length of such street frontage. No screening shall be required when the Retail Business District lot is either not in use or is used for residential purposes.
   (d)   Width of Buffer Yard. The width of the buffer yard shall be equal to ten (10) feet.
   (e)   Location. The buffer yard shall be located entirely within the higher intensity zoning district or use and abutting the zoning district line or lot line of the lower intensity use. However, the buffer yard may be placed in the lower intensity zoning district or partially within both zoning districts if both sides of the zoning district line and the entire buffer yard width are within common ownership and a permanent easement is provided over any portion of the buffer yard not within the higher intensity zoning district. If a buffer yard is located in a residential development that has an owners' association or other similar legal entity, all buffer yards shall be located in open space owned by the association or in an open space easement controlled by the owners' association.
   (f)   Buffer Yard Abutting an Adjacent Jurisdiction. When property lines abut an adjacent jurisdiction, the Planning Commission shall determine the specific screening and buffering requirements along that property line after consideration of the zoning designation and or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the Village of Moreland Hills.
   (g)   Screening. When the natural vegetation within the required buffer yard does not form a solid, continuous, visual screen or does not have a minimum height of five (5) feet along the entire length of the common boundary at the time of occupancy, except as provided for in sub-section (g)(3)B. below, screening shall be installed in compliance with the following:
      (1)   Screening materials. Screening design and development shall be compatible with the existing and proposed land use and development character of the surrounding land and structures. Screening within the buffer yard shall consist of one or more or combination thereof of the following:
         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center, and the planting pattern shall be staggered. Shrubbery shall be more closely spaced.
         B.   Non-living opaque structures, such as a solid masonry wall, that is compatible with the principal structure or a solid wood fence together with a landscaped area at least fifteen (15) feet wide. For solid fences, fences shall be designed, constructed, and finished so that the supporting members face the property owner of the fence and they shall be maintained in good condition, be structurally sound, and attractively finished at all times.
         C.   An ornamental fence with openings through which light and air may pass together with a landscaped area at least fifteen (15) feet wide. A chain link fence shall not be permitted.
         D.   A landscaped mound or berm with no more than a 2.5:1 slope.
      (2)   Installation of screening. Screening shall be continuous and in place at the time of occupancy. If vehicular or pedestrian access through the screen is necessary, the screening function shall be preserved.
      (3)   Height of screening. The height of screening shall be in accordance with the following:
         A.   Visual screening by walls, fences, or mounds in combination with vegetation, fences or walls shall be a minimum of five (5) feet high measured from the natural grade on any adjacent residential lot, except as set forth in sub-section (g)(3)B. below.
         B.   Whenever the required screening is located within a front yard or within twenty-five (25) feet of a parking lot, drive, or driveway entrance, the required screening shall not exceed a height of three (3) feet.
         C.   When used alone, vegetation shall be a minimum of five (5) feet high, as measured from the natural grade on any adjacent residential lot, in order to accomplish the desired screening effect. The required height shall be achieved no later than one (1) year after the initial installation.
   (h)   Modifications to Buffering and Screening Requirements. Buffer yards required by this Chapter shall be applied equally to all similarly situated properties. The Planning Commission is empowered to modify the above buffer yard and screening requirements when it determines that:
      (1)   Natural land characteristics, such as topography or existing vegetation on the proposed building site, would achieve the same intent as this Section.
      (2)   Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening and buffering effect.
      (3)   The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site.
      (4)   The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity.
      (5)   It can be clearly demonstrated that it is highly improbable that the abutting property will be developed for residential purposes due to circumstances that have taken place since the adoption of this Code.
         (Ord. 2012-21. Passed 7-11-12.)

1175.13 SCREENING OF ACCESSORY USES.

   Screening of accessory uses shall be provided according to the following:
   (a)   Trash Collection and Service Areas.  
      (1)   Trash and/or garbage collection and service areas shall be enclosed on all sides by a solid wall or fence and a solid gate at least 1 foot higher than the highest refuse container in the collection area if such area is not within an enclosed building or structure, but in no case shall the wall or fence be less than six (6) feet in height. Such solid wall or solid fence shall be situated so as to screen the view of the collection area from adjacent streets and properties. Such wall or fence shall be constructed of wood, brick, decorative concrete, split face block, or stone and should be the same as or similar to those utilized on the principal building(s). These enclosures are to be located at least five (5) feet from the property line, unless otherwise specifically regulated in this Code.
      (2)   Screening material placed around any trash and/or garbage collection and service areas, which is regularly emptied or removed mechanically shall be protected to prevent damage to the screening when the container is moved or emptied. Curbing may be required for this purpose and shall be at least one (1) foot from the screening material.
   (b)   Ground-mounted Mechanical Equipment. Ground mounted mechanical equipment shall be screened with evergreen plant material so that within three (3) years the equipment is completely obscured from view.
   (c)   Landscaping. No interior landscaping shall be required within an area screened for accessory uses.
(Ord. 2012-21. Passed 7-11-12.)

1175.15 GENERAL REQUIREMENTS, INSTALLATION, AND MAINTENANCE.

   Areas within the setback and all other portions of the lot not covered by permitted structures or impervious surfaces shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.
   (a)   Installation.  
      (1)   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, unless otherwise specified.
      (2)   When this Chapter permits a small tree, such tree shall have a minimum caliper of two (2) inches and a clear trunk height of at least five (5) feet at the time of installation, unless otherwise specified.
      (3)   Shrubs shall be no less than twenty-four (24) inches in height. In cases of spreading varieties of shrubs, the twenty-four (24) inch height figure shall mean branch spread, unless otherwise specified.
      (4)   If the installation of plantings is not completed in a planting season and/or prior to occupancy, a Temporary Certificate of Zoning Compliance may be issued pursuant to sub-section 1129.05 (d)(3).
   (b)   Planting Arrangement. Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.
   (c)   Parking. Vehicle parking shall not be permitted in landscaped areas.
   (d)   Pedestrian Movement. Materials shall not be placed where they will prevent pedestrian movement unless so planted for that or similar purpose.
   (e)   Damage to Public Works. In no case shall any plant material interfere with or cause damage to underground utility lines, public roadways/streets, or other public works.
   (f)   Maintenance. The owner of landscaping required by this Code shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. No plant material required by this Planning and Zoning Code shall be removed for any reason unless replaced with like kind and size as required by the approved plan. If landscaping is to be removed and not replaced as shown on the approved plan, a revised landscape plan shall be submitted to the Planning Commission for review and approval per Chapter 1127.
(Ord. 2012-21. Passed 7-11-12.)

1175.17 APPROVAL PROCESS FOR REQUIRED LANDSCAPING, FENCES, AND WALLS.

   (a)   The location of proposed landscaping, fences, or walls required to fulfill the standards and criteria of this Chapter shall be reviewed and approved as part of a development plan pursuant to Chapter 1127.
   (b)   When a fence, wall, or landscaping is proposed at a separate time from any other development for new construction, additions or site renovation, a fence, wall, or landscaping may be approved administratively by the Building Inspector when the Building Inspector determines that the proposal:
      (1)   Complies with the requirements of this Chapter and other applicable provisions in this Planning and Zoning Code;
      (2)   Is consistent with any previously approved plan;
      (3)   Is compatible with the current site development if there is no approved plan; and,
      (4)   Will have a minimal adverse impact to the surrounding areas.
         (Ord. 2012-21. Passed 7-11-12.)

1175.19 FLEXIBILITY.

   The standards and criteria in this Chapter establish the Village's objectives and levels of landscaping intensity expected. However, in applying these standards during the development plan review, the Planning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.
(Ord. 2012-21. Passed 7-11-12.)

1175.99 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.)

1177.01 PURPOSE.

   (a)   Conditional uses are a classification of uses that are determined to generally be compatible in the zoning district in which they are listed as a conditional use. However, this category of uses is so classified because of the need to adequately monitor the proposed use in order to ensure that the use and its operational aspects are indeed appropriate in the specific location in which the use is proposed. Such monitoring is necessary because the external impacts of a particular use are either sufficiently varied or indeterminable in advance, making it possible that, without the Planning Commission's review, a particular use could be inappropriate in certain locations within the district.
   (b)   These regulations are intended to ensure that conditional uses are reviewed in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Toward these ends, it is recognized that this Planning and Zoning Code should provide for more detailed evaluation of each use listed as a conditional use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities, and traffic generation. In considering a proposed conditional use, the Planning Commission may assign reasonable conditions to ensure that the proposed development is appropriate in the location in which it is proposed. Accordingly, conditional use applications shall conform to the requirements of this Chapter and the procedures and requirements of Chapter 1129, Certificates.
(Ord. 2012-21. Passed 7-11-12.)

1177.03 GENERAL CRITERIA FOR ALL CONDITIONAL USES.

   (a)   A conditional use and uses accessory to such conditional use shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in this Chapter. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
      (1)   The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing, existing, or intended character of the general vicinity;
      (2)   The establishment, maintenance, or operation of the conditional use will not endanger the public health, safety, general welfare, or the ecosystem of the Village;
      (3)   The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and,
      (4)   The conditional use will be minimally impacted in the future by surrounding uses permitted by right that may be incompatible with the proposed conditional use.
   (b)   When evaluating applications utilizing the above criteria, the Planning Commission shall judge the appropriateness of the proposed conditional use based upon its anticipated impacts given the scope of the proposed use on the subject site understanding that the Village has already accepted impacts normally associated with such conditional use when the use was included as a conditional use in the zoning district.
   (c)   An approval of a conditional use pursuant to the procedures in Chapter 1129 shall only apply to the specific use and the development plan and specific conditions related to the use and its approval. Any change in the use (excluding changes in the name or business mergers that do not effect occupancy), modifications, or expansion that are inconsistent with the approval are not permitted without a reapplication and approval of the revised use or modifications pursuant to Chapter 1129.
(Ord. 2012-21. Passed 7-11-12.)

1177.05 SPECIFIC CONDITIONS FOR CONDITIONAL USES.

   In addition to the general criteria established in Section 1177.03, the following specific conditions shall apply.
   (a)   Supplementary Conditions and Safeguards. Nothing in these regulations shall prohibit the Planning Commission from prescribing reasonable supplementary conditions and safeguards in addition to the requirements in this Chapter in order to ensure compliance with the criteria set forth in Section 1177.03, General Criteria for all Conditional Uses.
   (b)   Conformance with District Regulations. A conditional use shall conform to the regulations of the district in which it is located and to other requirements of this Planning and Zoning Code, as well as satisfy the conditions, standards, and requirements of this Chapter. Whenever there is a difference between the provisions of the conditional use regulations and the district regulations, the provisions of this Chapter shall prevail, unless clearly indicated differently in these regulations.
   (c)   Overall Development Standards.
      (1)   Lighting shall not constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway.
      (2)   Floodlights, loudspeakers or similar devices shall not be constructed or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
      (3)   Exterior lighting with respect to the number of fixtures, height of the fixtures from the ground, light intensity, and light trespass on adjacent properties or a public right-of-way shall be compatible with the surrounding neighborhood.
      (4)   The conditional use will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall be in compliance with the regulations set forth in the Codified Ordinances of Moreland Hills, Ohio.
      (5)   The conditional use shall be designed to minimize potential adverse impacts on traffic congestion. The Planning Commission may require traffic studies, if necessary, at the developer's cost to ensure compliance with this condition.
      (6)   Landscaping, mounds and fencing shall be incorporated into the development plan for a conditional use in a manner and at an intensity, as prescribed by the Planning Commission, to minimize any potential adverse impacts the proposed use may have.
      (7)   The proposed use shall not generate excessive noise beyond the premises. In order to minimize any negative effects from the above referenced noise, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
      (8)   All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements and minimize the impact on the surrounding areas.
      (9)   Greater setbacks than the minimums prescribed in this Chapter and in this Code may be imposed by the Planning Commission when the scale of any wall, because of its excessive length or height, at the minimum setback line could adversely impact adjacent properties.
      (10)   The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use application.
      (11)   All activities, programs, and other events shall be directly related to the approved conditional use and shall be adequately monitored by the occupant or operator so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
         (Ord. 2012-21. Passed 7-11-12.)

1177.07 CONDITIONAL USES IN DWELLING HOUSE AND U-4 RESIDENTIAL OPEN SPACE CONSERVATION DISTRICT.

   Schedule 1177.07 sets forth regulations governing minimum lot area, minimum lot width and minimum setback requirements for principal and accessory buildings and parking areas for conditional uses in the U-1 Dwelling House and U-4 Residential Open Space Conservation Districts. Supplemental requirements pertaining to such uses are set forth in Section 1177.11, and the specific sub-sections are referenced in Schedule 1177.07 below.
Schedule 1177.07
Regulations for Conditional Uses in the U-1 Dwelling House, U-3 Townhouse & U-4 Residential Open Space Conservation Districts
Conditional use
Conditional Use in
District
Minimum Lot
Regulations
Minimum Building
Setbacks (1)
Minimum
Parking
Setbacks
Also See
Section:
Area
Width
Front
Side/
Rear
Front
Side/
Rear
1. Civic center
U-1
6 acres
200 ft.
75 ft.
50 ft.
NP
20 ft.
2. Places of worship/church
U-1
6 acres
200 ft.
100 ft.
50 ft.
NP
20 ft.
3. Public park
U-1
None
None
100 ft.
50 ft.
NP
20 ft.
4. Public service facility
U-1
None
None
None
None
NP
NP
5. Recreational Space & Associated Facilities
U-4
25 acres
400 ft.
100 ft.
50 ft.
NP
20 ft.
6. School (public/private) elementary/
secondary
U-1
6 acres
200 ft.
100 ft.
50 ft.
NP (2)
20 ft.
 
 
 
 
 
 
 
 
Notes to Schedule 1177.07:
(1)   Uses shall comply with the standards in this table or the corresponding district standard, whichever is greater.
(2)   Except as provided for in Section 1177.11.
 
NP = Not Permitted
List of Districts:
U-1 Dwelling House District
U-4 Residential Open Space Conservation District
U-3 Townhouse District
 
(Ord. 2013-05. Passed 6-12-13; Ord. 2022-32. Passed 9-7-22.)

1177.09 CONDITIONAL USES IN RETAIL BUSINESS DISTRICT.

   Schedule 1177.09 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in the U-2 Retail Business District. Supplemental requirements pertaining to such uses are set forth in Section 1177.11, and the specific subsections are referenced in Schedule 1177.09, below.
 
Schedule 1177.09
Regulations For Conditional Uses in the U-2 Retail Business District
Conditional
Use
Conditional
Use in
District
Minimum Lot
Regulations
Also See
Section:
Area
Width
1. Restaurant, outdoor dining
RB
(1)
(1)
2. Solar Energy Systems
Notes to Schedule 1177.09:
(1)   Uses shall comply with the standards in this table or the corresponding district standard, whichever is greater.
 
List of Districts:
   U-2   Retail Business District
(Ord. 2013-05. Passed 6-12-13.)

1177.11 SUPPLEMENTAL REGULATIONS FOR CERTAIN USES.

   The following are specific conditions, standards and regulations for certain conditional uses and are in addition to the criteria and standards set forth in Sections 1177.07 through 1177.09.
   (a)   Civic Center:
      (1)   The proposed use shall not generate excessive noise, odor, dust, or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the surrounding area.
      (2)   Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
      (3)   The maximum lot coverage shall be fifty percent (50%).
   (b)   Public Park; Recreational Space and Associated Facilities:
      (1)   The Planning Commission may require active recreation areas to be enclosed by a fence or wall having a height of at least five (5) feet but not exceeding six (6) feet.
      (2)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the surrounding area.
      (3)   Public restrooms may be provided and if provided, shall be maintained.
      (4)   Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
      (5)   Only incidental retail uses, such as a snack bar, shall be permitted as an accessory use. Such facility shall be provided for the convenience of customers attending the facility and no sign advertising the retail use shall be permitted.
      (6)   The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
      (7)   The maximum lot coverage shall be twelve percent (12%).
      (8)   Outdoor activity areas, such as a swimming pools; hiking trails, ball fields; or courts, shall be setback fifty (50) feet from any side or rear lot line. Where exterior lighting of such areas is proposed, the Planning Commission may limit the hours of exterior illumination, given the location of exterior lighting fixtures and their proximity to the adjacent parcels, to ensure that the proposed use is compatible with the surrounding uses.
      (9)   The scale, massing, and building design of the principal building, if any, shall be compatible with the surrounding neighborhood and the site's environmental conditions.
   (c)   Places of Worship/church:
      (1)   Associated uses, such as a convent, shall be located on the same lot as the principal use and comply with the building setback requirements set forth in this Chapter.
      (2)   The Planning Commission may require all outdoor children's activity areas to be enclosed by a fence or wall having a height of at least five (5) feet but not exceeding six (6) feet.
      (3)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the surrounding area.
      (4)   The Planning Commission may limit the hours/days of operation to insure that the use is compatible with surrounding land uses.
      (5)   Such uses should be located on an arterial or collector street or have direct access to an arterial or collector street to minimize impacts on local streets and residential neighborhoods.
      (6)   Outdoor activity areas, such as a swimming pools; ball fields; or courts, shall be setback fifty (50) feet from any side or rear lot line. These outdoor activity areas shall be located behind the rear building line. Where exterior lighting of such areas is proposed, the Planning Commission may limit the hours of exterior illumination, given the location of exterior lighting fixtures and their proximity to the adjacent parcels, to ensure that the proposed use is compatible with the surrounding uses.
      (7)   The scale, massing, and building design of the principal building shall be compatible with the surrounding neighborhood.
      (8)   The maximum lot coverage shall be thirty-five percent (35%).
   (d)   Public Service Facility.  
      (1)   Facilities shall be limited to structures that are essential for the distribution of services to the local area.
      (2)   Outdoor storage of vehicles and general materials shall be adequately screened from the public street and adjacent properties as determined by the Planning Commission.
   (e)   Restaurant, Outdoor Dining:  
      (1)   Outdoor seating shall be accessory to the restaurant and shall not be the primary seating for the restaurant.
      (2)   Outdoor seating areas shall not be located in required setbacks.
      (3)   Outdoor seating areas shall be required to be enclosed in instances where there is wait staff or alcohol service. Enclosures shall consist of metal railing, wood railing, brick walls, or other suitable material approved by the Planning Commission.
      (4)   The hours of operation for outdoor seating shall be consistent with the hours of operation of the inside restaurant.
      (5)   Outdoor seating areas shall be kept clean and litter-free.
      (6)   Outdoor seating areas, where wait staff does not clear tables, shall provide a trash receptacle that shall be emptied by the restaurant daily. Trash receptacles shall be covered to prevent the spreading of trash.
      (7)   All tables, chairs, planters, trash receptacles, and other furniture shall be compatible with the architectural character of the adjacent buildings, shall be of quality durable material such as metal or wood, and shall be maintained in good working order and safe condition. During non-business hours, all outdoor furniture and fixtures shall be stored inside the building or properly secured.
      (8)   A sign stating "No food or beverages beyond this point" shall be posted.
      (9)   Lighting to serve outdoor seating shall be white in color and shall not project onto adjacent property.
      (10)   Each conditional use application for outdoor seating shall include a sketch of the premises showing the outdoor seating area and shall be accompanied by pictures and/or materials illustrating the tables, chairs and other fixtures associated with the outdoor seating
     (f)   School, (Public/private) Elementary/secondary:
      (1)   The Planning Commission may require all outdoor children's activity areas to be enclosed by a fence or wall having a height of at least five (5) feet but not exceeding six (6) feet.
      (2)   All activities, programs and other events shall be listed on the application. These activities shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
      (3)   The maximum lot coverage is thirty-five percent (35%).
      (4)   Parking shall be located behind the front line of the principal building. An exception to this requirement may be granted where necessary due to the shallow depth of a parcel, the location of existing mature trees, location of existing parking areas, or other similar circumstances.
      (5)   Exterior lighting shall be compatible with the surrounding neighborhood.
      (6)   Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.
      (7)   The scale, massing, and building design of the principal building shall be compatible with the surrounding neighborhood.
      (8)   Outdoor activity areas, such as a swimming pools; ball fields; or courts, shall be setback fifty (50) feet from any side or rear lot line. These outdoor activity areas shall be located behind the rear building line. Where exterior lighting of such areas is proposed, the Planning Commission may limit the hours of exterior illumination, given the location of exterior lighting fixtures and their proximity to the adjacent parcels, to ensure that the proposed use is compatible with the surrounding uses.
      (9)   The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the surrounding area. In addition, the Planning Commission may limit the hours/days of operation to insure that the use is compatible with surrounding land uses.
         (Ord. 2022-32. Passed 9-7-22.)

1177.99 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.)

1179.01 INTENT.

   Off-street parking regulations are established in order to achieve, among other things, the following purposes:
   (a)   To protect adjoining residential property from parking associated with community facilities and retail businesses;
   (b)   To provide regulations and standards for the development of accessory off-street parking spaces; and,
   (c)   To provide for the accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.
      (Ord. 2012-21. Passed 7-11-12.)

1179.03 PARKING FACILITIES REQUIRED.

   Accessory, off-street parking spaces, including driveways, shall be provided prior to the occupancy of a building or use. Parking facilities shall be provided for the entire building or use in accordance with the regulations contained in this Chapter whenever a building is constructed or altered to require additional parking or a new use is established.
(Ord. 2012-21. Passed 7-1-12.)

1179.05 UNITS OF MEASURE.

   In computing the number of off-street parking spaces required by this Code, the following rules shall apply:
   (a)   Floor Area. Where floor area is designated as the standard for determining off-street parking space requirements, gross floor area shall be used for all land uses, unless specifically noted otherwise.
   (b)   Seats. Where seating capacity is the standard for determining off-street parking spaces, the capacity shall mean the number of seating units installed or indicated, or one seat for each 24 lineal inches of benches or pews, or when fixed seats are not indicated, the capacity shall be determined as being one seat for each 20 square feet of gross floor area of the assembly room(s).
   (c)   Fractional Numbers. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
      (Ord. 2012-21. Passed 7-11-12.)

1179.07 OFF-STREET PARKING STANDARDS.

   The number of off-street parking spaces for each facility, establishment, or use shall be determined by application of the standards noted in Schedule 1179.07.
Schedule 1179.07
Required Off-Street Parking Spaces
Principal Building or Use
Minimum Parking Requirement (a) (b)
(a)   Residential:
   (1)   Single-family dwelling, detached
2 spaces per dwelling unit, at least 1 enclosed
   (2)   Cluster single-family detached dwelling
2 spaces per dwelling unit, at least 1 enclosed
   (3)   Single-family dwellings, attached
2 enclosed spaces per dwelling unit
   (4)   Adult care facility and residential facility
1 space per 2 beds
   (5)   Family day care home for 1-6 children (Type B)
1 space per non-resident attendant + 1 drop-off space + single-family detached dwelling requirement
(b)   Community Facilities/ Institutions
   (1)   Civic center
1 space for every 6 seats in the portion of the building to be used for assembly use plus any other use requirements
   (2)   Elementary and junior high/middle schools
2 spaces per classroom plus 1 space for every 4 seats in the largest auditorium or assembly room
   (3)   High school
1 space for every teacher, employee and administrator, plus 1 space per 7 students, plus 1 space for every 4 seats in the largest auditorium or sports arena
   (4)   Place of worship/church
1 space for every 6 seats in the portion of the building to be used for assembly use
   (5)   Public park
As may be determined by the Planning Commission
   (6)   Public service facility(c)
As may be determined by the Planning Commission
   (7)   Recreational Space & Associated Facilities(c)
As may be determined by the Planning Commission
(c)   Office & Professional Services
   (1)   Administrative, business and/or professional office
One space per 300 square feet of floor area.
   (2)   Bank and other financial institutions
One space per 200 square feet of floor area.
   (3)   Medical/dental office
Five spaces per doctor and/or dentist
(d)   Retail & Services
   (1)   Beauty salons and barber shops
2 spaces per beauty or barber chair
   (2)   Retail establishment
One space per 250 square feet of floor area.
   (3)   Restaurant, indoor
One space per fifty (50) square feet of floor area or one (1) space per two seats, whichever requires the greater number of spaces.
   (4)   Restaurant, outdoor seating
One space per fifty (50) square feet of floor area or one (1) space per two seats, whichever requires the greater number of spaces.
   (5)   Service establishment, business
One space per 250 square feet of floor area.
   (6)   Service establishment, personal (except as otherwise specified in this Chapter)
One space per 200 square feet of floor area.
   (7)   School, specialty/personal instruction
1 space for every instructor, employee and administrator, plus 1 space for every 2 students
Notes to Schedule 1179.07:
(a)   A minimum of five (5) spaces is required for each facility other than single-family detached dwellings or cluster single-family detached dwellings.
(b)   For specific buildings or uses not scheduled above, the Planning Commission shall apply the unit of measurement set forth in the above schedule which is deemed to be most similar to the proposed use.
(c)   Specific requirements shall be based on requirements for similar uses, location of proposed use, surrounding land uses, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information.
   (e)   Parking Requirement Reductions. The Planning Commission may approve a development plan with fewer parking spaces than required by Schedule 1179.07 according to the findings of a parking assessment, prepared by applicant, when submitted according to the regulations of this sub-section. Any costs associated with the development of such a parking assessment shall be borne by the applicant.
      (1)   A parking assessment shall be submitted with the development plan for all proposed uses according to the development plan review procedures set forth in Chapter 1127.
      (2)   The goal of this parking assessment is to document the applicant's request to provide fewer parking spaces than required in Schedule 1179.07. In reviewing the parking assessment, the Planning Commission may approve a fewer number of parking spaces, provided that the parking proposed shall satisfy the parking demands of the use without placing excess burden on other available parking facilities or in surrounding areas of the Village.
      (3)   The parking assessment shall include a description of the use and its anticipated relationship to, and impact on the surrounding community. At a minimum, the assessment shall include the following:
         A.   The nature of the proposed uses, activities and events that will be accommodated.
         B.   The maximum design capacity of the facility.
         C.   The anticipated pattern of use, including peak hours.
         D.   The estimated traffic generation and parking demand, including the estimated number of parking spaces required at peak capacity.
         E.   The number of parking spaces required according to Schedule 1179.07 compared to the number of spaces proposed.
         F.   How the available spaces meet the needs of the proposed use.
         G.   Suggested parking management solutions to address any anticipated discrepancy between the number of parking spaces available and anticipated parking demand.
            (Ord. 2012-21. Passed 7-11-12.)

1179.09 PARKING SPACES FOR PERSONS WITH DISABILITIES.

   In accordance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation shall provide off-street parking spaces that are designed and constructed to be readily accessible to persons with disabilities.
(Ord. 2012-21. Passed 7-11-12.)

1179.11 LOCATION OF REQUIRED PARKING SPACES.

   In addition to specific requirements contained in each district regulation, the location of off-street parking facilities shall further be regulated according to the following provisions:
   (a)   Parking for Dwelling Units. Off-street parking spaces required for dwelling units shall be located on the same zoning lot as the dwelling unit served.
   (b)   Areas Computed as Parking Spaces. Areas that may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or driveway, except for single-family detached or a cluster single-family detached dwellings where a driveway in the front or side yard shall be permitted to compute as eligible parking space(s) up to a maximum of one (1) parking spaces per dwelling unit.
      (Ord. 2012-21. Passed 7-11-12.)

1179.13 CONSTRUCTION, USE, IMPROVEMENT, AND MAINTENANCE STANDARDS.

   All driveways and parking facilities shall be constructed in accordance with standards established by the Village Engineer and the following:
   (a)   Grading and Pavement. Parking facilities and access driveways shall be so graded and drained so as to dispose of all surface water and drainage so that such surface water and drainage shall not be allowed to flow onto adjacent properties including the right-of-way or remain standing in said driveways or parking facilities. No driveway shall exceed a maximum gradient of ten percent (10%). All parking facilities and driveways improved or constructed shall be bituminous or Portland cement pavement, pavers, embossed concrete, porous pavement, Grasscrete (or other pervious paving system), or another approved pavement material in accordance with standards established by the Village and approved by the Village Engineer and the Planning Commission.
      (Ord. 2017-16. Passed 5-10-17.)
   (b)   Illumination in Parking Facilities. All lighting used to illuminate such parking facilities shall comply with the requirements in Section 1171.09, Outdoor Lighting Regulations, and be so arranged as to direct the light away from adjoining properties or streets, and no open light sources such as the stringing of light bulbs shall be permitted.
   (c)   Marking. Any off-street parking facility for five (5) or more off-street parking spaces shall indicate the location of each parking space, the location of spaces for persons with disabilities, and the location and direction or movement along the aisles and access drives providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface.
   (d)   Maintenance. All parking facilities shall be maintained in a manner to keep it as free as practicable from rubbish, paper and other loose particles, and snow and ice shall be promptly removed. All signs, markers or any other methods used to indicate direction of traffic movement and location of off-street parking spaces shall be maintained in a neat and legible condition. Any walls, trees and shrubbery, as well as surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes. It shall be the responsibility of the property owner to maintain and repair parking lots as may be necessary, in the opinion of the Village, so as to provide a surface free of excess dust that is in good condition, properly drained, and free of obstructions and nuisances in accordance with the requirements of this Chapter.
   (e)   All required off-street parking spaces shall have direct access to an aisle or driveway without the need to move any other vehicle, except as otherwise specifically permitted in this Chapter.
   (f)   Adequate bumper guards shall be required to establish the limits of the parking area, except at exits and entrances. Such guards shall be located so that no part of a parked vehicle shall project into that portion of a required setback in which off-street parking is prohibited.
   (g)   Parking in Designated Areas Only. Any vehicle customarily or seasonally parked on any lot shall be so parked only in parking areas specifically constructed for such purposes, and shall not be parked on tree lawns, sidewalks, lawns or other areas required by this Code to be landscaped.
      (Ord. 2012-21. Passed 7-11-12.)
   (h)   Access drives. The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets. Adequate sight distance to intersections shall be provided to allow for the safety of the vehicular and pedestrian traffic on the main thoroughfare and the access drive. Entrances and exits shall be limited to three (3) lanes. The width of such entrances and exits, measured at the setback line, shall conform to the following Schedule 1179.13:
 
Schedule 1179.13
Access Drive
Width (Feet)
Number of Lanes
Minimum
Maximum
1
10
12
2
18
24
3
27
33
(Ord. 2016-29. Passed 9-15-16.)

1179.15 OFF-STREET LOADING REQUIREMENTS.

   Off-street loading spaces shall not be required, but if necessary, shall comply with the following:
   (a)   All loading spaces shall be located on the same lot as the use served and no part of any required setback, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes.
   (b)   Access to truck loading and unloading space shall be provided directly from a public street or alley or from a right-of-way that will not interfere with public convenience and that will permit the orderly and safe movement of trucks.
   (c)   Streets, sidewalks, alleys or other public rights-of-way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.
   (d)   Off-street loading spaces shall not be used for repair or servicing of vehicles.
      (Ord. 2012-21. Passed 7-11-12.)

1179.17 NON-CONFORMING PARKING FACILITIES.

   A building or use existing lawfully at the time of this Planning and Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with the off-street parking regulations for the use may continue without such parking facilities. In the event an existing building is altered or a use is changed or substituted, in accordance with the regulations in Chapter 1135, Nonconforming Uses, Lots, and Structures, then additional off-street parking spaces shall be provided in compliance with this Chapter 1179, if this Code requires such additional parking spaces as a result of the proposed changes.
(Ord. 2012-21. Passed 7-11-12.)

1179.19 ZONING CERTIFICATE AND DEVELOPMENT PLAN REQUIRED.

   All facilities governed by the regulations in this Chapter shall comply with the following approval processes.
   (a)   Plans showing the features of off-street parking spaces shall be submitted to the Building Inspector for development plan review as required by Chapter 1127, Development Plan Review Procedures.
   (b)   Village Engineer. The Village Engineer shall review and approve all requests for access to public rights-of-way prior to construction. All improvements, curb cuts, and approaches in the public right-of-way shall be constructed pursuant to all applicable Village regulations.
      (Ord. 2012-21. Passed 7-11-12.)

1179.99 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.)

1181.01 INTENT.

   This Chapter governing wireless telecommunication facilities is established to provide for the construction, erection, maintenance and removal of such facilities only when such facilities are either specifically permitted on the property upon which they are to be located or through the granting of a variance, according to the provisions of this Code, from the requirements of these Codified Ordinances. The purpose of this Chapter is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104) and the interests of the Village in regulating wireless telecommunication towers and related facilities for the following reasons:
     (a)   To provide for orderly development within the Village;
   (b)   To protect property values;
   (c)   To maintain the aesthetic appearance of the Village, including its residential character and unobstructed open spaces;
   (d)   To provide for and protect the health, safety and general welfare of the residents of the Village;
   (e)   To protect the residential properties which are characteristic of the Village from the adverse effects of towers and related facilities; and,
   (f)   To promote collocation of wireless telecommunications facilities in order to minimize the number of towers and related facilities in the Village.
      (Ord. 2012-21. Passed 7-11-12.)

1181.03 DEFINITIONS.

   As used in this Chapter:
       (a)   "Collocation" means the use of a wireless telecommunication facility by more than one wireless telecommunication provider.
   (b)   "Lattice-tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation.
   (c)   "Monopole" means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
   (d)   "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. §332(c)(7).
   (e)   "Technically suitable" means the location of a wireless telecommunication antenna(s) which reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the FCC to operate without a significant loss of communication capability within developed areas of the Village.
   (f)   "Telecommunication(s)" means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or magnetic systems and includes the term "personal wireless services".
   (g)   "Wireless telecommunication antenna" means the physical device through which electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
   (h)   "Wireless telecommunication equipment shelter" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
   (i)   "Wireless telecommunication facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of personal wireless services.
   (j)   "Wireless telecommunication tower" means any structure which elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.
      (Ord. 2012-21. Passed 7-11-12.)

1181.05 CONSTRUCTION, ERECTION, OR REMOVAL; REVIEW REQUIRED.

   No person shall construct, erect, or remove a wireless telecommunication facility in the Village without first obtaining approval from the Planning Commission pursuant to the provisions of Chapter 1127, Development Plan Review Procedures, and a permit therefor from the Building Inspector pursuant to the requirements of this Chapter, and the other provisions of the Building Code, and other applicable provisions of the Village's Codified Ordinances that do not conflict with the provisions of this Chapter.
(Ord. 2012-21. Passed 7-11-12.)

1181.07 MINIMUM STANDARDS FOR CONSTRUCTION, ERECTION, MAINTENANCE, AND REMOVAL.

   All wireless telecommunication facilities shall comply with the following minimum standards:
   (a)   No wireless telecommunication facility shall be permitted on a parcel of land with an existing residential use or on a parcel of land zoned for residential purposes, unless such parcel is being used for nonresidential, public facility purposes, such as, but not limited to, a publicly-owned park, government building or structure.
   (b)   The applicant requesting permission to install a new wireless telecommunication tower shall provide evidence that there is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower, building or structure within the geographic area to be served. With the application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna(s) or area where it would be technically suitable to locate so as to allow it to serve its intended function. As part of its application, the applicant shall provide a scaled map of all of its antenna locations, existing and proposed/planned, within a five (5) mile radius of the site which is the subject of the application.
The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If an existing tower, building or structure is technically suitable, the applicant must demonstrate that it has made written request to collocate on the existing tower, building or structure and said request was rejected by the owner of the tower, building or structure. In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty (30) days from the date of receipt of a written request for collocation. If another telecommunication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to collocate an antenna(s) on another tower within the Village which is owned or controlled by the applicant, if available, on commercially reasonable terms and the offer was not accepted.
   (c)   An applicant for construction of a wireless telecommunication tower shall be required to construct a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above the grade approved by the Village. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three (3) antenna platforms or antenna arrays of equal loading capacity for three (3) separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its development plan for an equipment shelter large enough to accommodate at least three (3) separate users of the facility. If an equipment shelter is initially constructed to accommodate only one (1) user, space shall be reserved on site for equipment shelter expansions to accommodate up to at least three (3) separate users. Agreement to the provisions of this subsection must be included in the applicant's lease with the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Village evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a building permit, the owner/operator/applicant shall respond in writing to any inquiries regarding collocation of another user of the facility within thirty (30) days after receipt of a written inquiry. Copies of all written requests to collocate and all written responses shall be sent to the Mayor.
   (d)   A report shall be prepared and submitted by a qualified and licensed professional engineer and shall provide proof of compliance with all applicable federal, state, county, and Village regulations. The report shall include a detailed development plan, a detailed description of the wireless telecommunication tower, antenna(s), equipment shelter, and appurtenances, and shall verify that radio frequency (electromagnetic) emissions are in compliance with the regulations of the Federal Communications Commission (FCC).
   (e)   Minimum Setbacks.  
      (1)   A wireless telecommunication tower shall be set back from property lines a distance of at least one hundred ten percent (110%) of the height of the tower from the natural grade at the site or the required setback in the zoning district in which it is located, whichever is greater.
      (2)   A wireless telecommunication facility shall be set back a minimum distance of 500 feet from any school building used for sheltering students.
      (3)   In no event shall a wireless telecommunication tower or facility be located in front of the principal building on the parcel of land, if any.
   (f)   All wireless telecommunication towers shall be of a monopole design, as opposed to a lattice tower design. No guy wired towers shall be permitted.
   (g)   Only one wireless telecommunication tower shall be located on a lot of record duly recorded with the County Recorder's office.
   (h)   There shall be a separation of at least one half mile between wireless telecommunication towers, including a separation of at least one-half mile from any such tower located outside the corporate limits of the Village.
   (i)   The height of a free-standing wireless telecommunication tower, antenna, and appurtenances shall be less than 200 feet.
   (j)   The applicant shall submit a plan documenting how the wireless telecommunication facility will be maintained on the site in an ongoing manner that meets industry standards.
   (k)   On each biennial anniversary of the issuance of the building permit for a wireless telecommunication facility, or not more than ninety (90) days prior thereto, the owner/operator shall submit to the Village a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.
   (l)   Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by Federal Aviation Administration (FAA) regulations, the most visually nonobtrusive "state-of-the-art" lighting available shall be used, unless otherwise required by the FAA.
   (m)   A security fence not less than eight (8) feet in height including barbed wire on the top of the fence, shall fully enclose those portions of the wireless telecommunication facility which come in contact with the ground. Gates shall be locked at all times.
   (n)   A landscaped buffer area of not less than fifteen (15) feet in depth shall be placed between the wireless communication facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself. The fifteen (15) foot landscaped buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
   (o)   No advertising sign(s) shall be permitted anywhere on a telecommunication tower, equipment shelter, and appurtenances or on the site.
   (p)   A permanent warning sign with a minimum size of two (2) square feet and a maximum size of six (6) square feet shall be posted on the site as well as an emergency telephone number of the owner/operator of each set of antennas on the site. The owner/operator shall also provide the Building Inspector, the Fire Department servicing the Municipality, and the Village Police Department with information on whom to contact, an address, and a telephone number in the event of an emergency.
   (q)   There shall be no outdoor storage of equipment or other items on the site except during the facility construction period and to supply emergency power to the facility only during a power outage.
   (r)   The access drive to the wireless telecommunication facility shall, whenever feasible, be provided along with circulation drives of the existing use on the parcel of land, if any. Where use of an existing access drive is not feasible, the access drive to the facility shall be a minimum of eighteen (18) feet in width with a minimum overhead clearance of eleven (11) feet and shall be set back a minimum of twenty (20) feet from the nearest side or rear property line. This driveway shall meet the load limitations for fire equipment. If the access drive to the facility is more than 500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site and a by-pass, adequate for emergency vehicles, with an approachable access shall be provided for each additional 500 feet of the access drive. There shall be only one (1) off-street parking space on the site.
   (s)   The wireless telecommunication antennas shall be of a panel design and mounted flush to the tower, building or structure which elevates the antennas, unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antennas or to mount them in such a fashion.
   (t)   All wireless telecommunication facilities shall be subject to approval by the Planning Commission and subject to its requirements. The color of a wireless telecommunication tower and/or antennas shall be as determined by the Planning Commission in order to minimize its visibility unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
   (u)   After issuance of a building permit to construct a wireless telecommunication facility, the applicant shall commence construction within 160 days and shall complete construction within one (1) year or the building permit shall expire.
   (v)   The maximum cumulative total size of all equipment shelters accessory to a telecommunication tower or antenna on a parcel of land shall be 600 square feet and their maximum height shall be fifteen (15) feet from the approved grade at the site for a shelter with a pitched roof and a maximum height of ten (10) feet from the approved grade at the site for a shelter with a flat roof. Only one equipment shelter, or the configuration of more than one shelter to appear that there is one shelter, shall be permitted on a parcel of land. The roof and facade of the equipment shelter shall be compatible as to architectural design and materials with the principal building on the parcel of land, if any.
   (w)   All utility lines from the utility source to the wireless telecommunication facility shall be underground.
   (x)   If at any time the use of the telecommunication facility is discontinued for ninety (90) consecutive days, said facility shall be deemed abandoned. The Building Inspector shall notify the applicant in writing and advise that the facility must be reactivated within ninety (90) days or the entire facility must be dismantled and removed from the site and the site restored to a landscaped condition within that same ninety-day (90) period and at the cost of the owner/operator. The owner/operator of the telecommunication facility shall, on no less than an annual basis from the date of issuance of the building permit, file a declaration with the Building Inspector as to the continuing operation of every facility which is subject to this Chapter.
   (y)   The owner/operator of the wireless telecommunication facility shall be required as a condition of issuance of a building permit to post a performance guarantee acceptable to the Law Director of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless telecommunication facility. If an access drive which is separate from an existing access drive on the property is required to be constructed for a wireless telecommunication facility, the owner/operator of the facility shall also be required as a condition of issuance of a building permit to post a performance guarantee acceptable to the Law Director of not less than thirty dollars ($30.00) per linear foot of access drive. Said performance guarantee(s) shall insure that an unused, abandoned, obsolete or destroyed wireless telecommunication facility and/or access drive shall be removed within ninety (90) days of cessation of use or abandonment. Any successor-in-interest or assignee of the owner/operator shall be required to additionally execute such performance guarantee(s), as principal, to insure that the performance guarantee(s) will be in place during the period of time that the successor-in-interest or assignee occupies the facility.
      (Ord. 2012-21. Passed 7-11-12.)

1181.09 INSURANCE REQUIREMENTS.

   As a condition of issuance of a building permit for a wireless telecommunication facility, an applicant for a permit for such a facility shall obtain insurance of the types, in the amounts, and under the conditions described below.
   (a)   Commercial General and Umbrella Liability Insurance. The applicant, owner or operator of a wireless telecommunication facility shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than five million dollars ($5,000,000) each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location.
        (1)   CGL insurance shall be written on ISO occurrence form CG 00 01 10 93 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
      (2)   The Village shall be included as an insured under the CGL, using ISO additional insured endorsement CG 20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the Village.
      (3)   There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage, or employment-related practices.
      (b)   Continuing Completed Operations Liability Insurance. All owners or operators of the facility shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance with a limit of not less than five million dollars ($5,000,000) each occurrence for as long as the facility remains in the Village.
      (1)   Continuing CGL insurance shall be written on ISO occurrence form CG 00 01 10 93 (or a substitute form providing equivalent coverage) and shall, at minimum, cover liability arising from products-completed operations and liability assumed under an insured contract.
      (2)   Continuing CGL insurance shall have a products-completed operations aggregate of at least two times its each occurrence limit.
      (c)   Business Auto and Umbrella Liability Insurance. Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than five million dollars ($5,000,000) each accident.
      (1)   Such insurance shall cover liability arising out of any auto (including owned, hired and nonowned autos).
      (2)   Business auto coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01.
   (d)   Workers' Compensation Insurance. All owners and/or operators of a facility shall maintain Workers' Compensation and employer's liability insurance.
   (e)   Certificate of Insurance. A certificate of insurance evidencing the insurance required by this Section must be filed with the Village prior to issuance of a building permit and annually thereafter for so long as the facility remains at the site. The certificate must require that the Village be notified by the insurer at least thirty (30) days in advance of any expiration or cancellation of the insurance coverages required by this Section.
      (Ord. 2012-21. Passed 7-11-12.)

1181.11 PERMIT FEES OR DEPOSIT.

   (a)   The Building Inspector shall administer the applications required by this Chapter and the Building Code and shall collect all applicable fees and a deposit to cover all expenses of processing the application(s) therefor.
   (b)   The applicant for a wireless communication tower and/or antenna facility shall be responsible for all expenses incurred by the Village for any technical, legal and/or engineering services deemed necessary by the Building Inspector, the Planning Commission, or the Board of Appeals to perform the reviews and/or inspections set forth in this Chapter which are not covered by the application fees or deposits set forth in sub-section (a).
(Ord. 2012-21. Passed 7-11-12.)

1181.13 EXEMPTION.

   Inasmuch as property owned or controlled by the Village and used for public facility purposes of a nonresidential nature are located throughout the Village, and inasmuch as some of these public uses currently use radio antennas for communication purposes, such properties shall be deemed acceptable for the construction of wireless telecommunication facilities. The construction or erection of wireless telecommunication facilities on such property shall be permitted and exempt from the regulations set forth in these Codified Ordinances, but shall be subject to such conditions, standards and regulations as deemed appropriate by separate ordinance of the Council. (Ord. 2012-21. Passed 7-11-12.)

1181.99 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.)

1183.01 INTENT.

   The purpose of this Chapter is to promote the public health, safety, and welfare through the provision of standards for existing and proposed signs of all types. More specifically, this Chapter is intended to:
   (a)   Enhance and protect the physical appearance of the community.
   (b)   Promote and maintain visually attractive residential and retail business districts.
   (c)   Ensure that signs are located and designed to reduce distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.
   (d)   Prevent the erection of structures of any kind that will obstruct sight distance at the intersection of streets, alleys, or driveways.
   (e)   Prevent the erection of poorly constructed and unsafely located, posted, or painted signs.
   (f)   Provide review procedures that enable the Village to comprehensively evaluate the appropriateness of a sign to a site, building, and its surroundings.
   (g)   Prohibit all signs not expressly permitted by this Chapter
      (Ord. 2012-21. Passed 7-11-12.)

1183.03 DEFINITIONS.

   (a)   "Billboard" means any permanent sign advertising an establishment, merchandise, event, service, or entertainment that is not sold, produced, manufactured or furnished at the property on which the sign is located.
   (b)   "Development sign" means any temporary sign relating to a project or facility, or relating to its construction, during the time of its construction. Such signs typically include the name of an architect, engineer and/or contractor for a building.
   (c)   "Sign, freestanding" means any permanent sign supported from the ground by a solid base and not attached to any building.
   (d)   "Sign" means a structure or part thereof, or any device attached to or painted or represented directly or indirectly on a structure, which shall display or include any letter, work, model, banner, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement.
   (e)   "Temporary sign" means a sign that is of a non-permanent nature, constructed of cloth, paper, wood, fabric, or other temporary material, with or without a structural frame, intended or designed for a limited period of display.
   (f)   "Permanent sign" means a sign in any nonresidential area that is to be erected or constructed for a period of longer than one (1) year.
   (g)   "Wall sign" means an outdoor, permanent sign affixed or attached to the wall of a building and projecting not more than twelve (12) inches from the face of the wall.
   (h)   "Window sign" means any sign that is applied to the interior or exterior of a window or door, or a sign located near a window or door within a building, for the purpose of being visible and read from the outside of the building. This term does not include signs that are not legible from a distance of more than five (5) feet beyond the building on which such sign is located.
(Ord. 2012-21. Passed 7-11-12.)

1183.05 APPLICATION OF SIGN REGULATIONS.

   (a)   The regulations contained in this Chapter shall apply to all signs in the Village of Moreland Hills that are outside of the public right-of-way, except when specifically stated otherwise.
   (b)   A sign shall only be erected, established, painted, created, or maintained in the Village in conformance with the standards, procedures, and other requirements of this Chapter.
   (c)   A Zoning Certificate shall be required for all signs, except as otherwise provided for in this Chapter.
(Ord. 2012-21. Passed 7-11-12.)

1183.07 RETAIL BUSINESS DISTRICT AND CONDITIONAL USE SIGNAGE.

   (a)   Permitted Signs. The following signs shall be permitted for all conditional uses in the residential districts and in the Retail Business District:
      (1)   Signs, provided they are located on the same lot as the business or service to which they are directed;
      (2)   Professional name plates, a sign directing attention to a professional service rendered on the same lot; and,
      (3)   Real estate and development signs as provided for in this Chapter, if they are located on the same lot on which the business is conducted or the lot to which attention is directed.
      (4)   Each site is permitted temporary, wall, and freestanding signage only in conformance with the provisions of this Chapter.
   (b)   Area of Signs. The area of permanent signs for conditional uses in the residential districts, except as otherwise provided for in this Chapter, and in the Retail Business District shall be as follows:
      (1)   Wall signs. The total area for all wall signs on a building shall not exceed one (1) square foot for each lineal foot of building frontage up to 100 square feet, including both frontages on a corner lot.
      (2)   Freestanding signs. On each zoning lot, only one (1) freestanding sign with a maximum height of five (5) feet shall be permitted. No such freestanding sign of two faces shall exceed sixty (60) square feet for both faces and no single-face, freestanding sign shall exceed thirty (30) square feet.
   (c)   Computations and Rules of Measurement. Measurement standards to compute the amount of permanent sign area permitted are herein established as follows:
      (1)   The total area of signs on a lot as permitted by regulations set forth in this Chapter shall include all visible faces of all permanent exterior signs.
      (2)   Sign area shall be calculated as the total area within an outline enclosing the border, lettering or design of the sign.
      (3)   The building frontage shall be measured along the building wall between the exterior faces of the exterior side walls. Permitted wall sign area may be allocated by the property owner to individual building units, and the building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit. The portion of a building that is owned or leased by a single occupant shall be considered a building unit.
   (d)   Signs for Conditional Uses in the Residential Districts. The area of permanent signs for conditional uses in the residential districts, which are not visible from the public street, may be considered in addition to the limitations set forth in sub-section 1183.07 (b), if the Planning Commission determines that such signs provide needed educational and/or instructive messages and have no adverse impact on adjacent properties and/or the public street.
(Ord. 2012-21. Passed 7-11-12.)

1183.09 SIGNS IN RESIDENTIAL DISTRICTS.

   Each residential development may have only one (1) permanent sign erected at the main entrance to such development. It shall be located at least 100 feet from the nearest residential dwelling, and may not exceed forty-eight (48) square feet in total area. It may be lettered only on one (1) side.
(Ord. 2017-12. Passed 5-10-17.)

1183.11 TEMPORARY SIGNS.

   (EDITOR'S NOTE: This section is in the process of being amended or has recently been amended. Please check with the Building Department for the most current regulation.)
   Temporary signs may be erected and posted within the Municipality subject to the following regulations:
   (a)   Temporary signs shall not be erected so as to prevent free ingress to or egress from, any roadway, street, driveway, access drive, or parking area, or to or from, any door, window, fire escape or ventilating equipment.
   (b)   Temporary signs shall not be located where the view of vehicular traffic would be obstructed.
   (c)   The maximum size of any one temporary sign, excluding development signs, shall not exceed six (6) square feet. The second side of a two-faced sign shall not be included or counted in the permitted area in this restriction.
   (d)   The construction, erection, safety and maintenance of all temporary signs shall comply with any applicable Building Codes; however, no Zoning Certificate or fees shall be required for temporary signs, except development signs.
   (e)   All temporary signs shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
   (f)   The property owner and/or occupant shall maintain all temporary signs so the sign content is visible, the sign is operable and the sign is in good repair, structurally sound, and secure; and has a continuing obligation to comply with any applicable Building Code requirements.
   (g)   If the Building Inspector finds that any temporary sign is unsafe, insecure, or a public nuisance, the property owner and/or occupant shall be given written notice by the Building Inspector. Within forty-eight (48) hours of such notification, the violation shall be corrected or the sign removed. If the violation is not remedied within forty-eight (48) hours, the sign may be removed by the Village to comply with these regulations at the expense of the owner and/or occupant of the property upon which the sign is located. The Building Inspector may remove without notice any temporary sign that creates an immediate danger to persons or property.
   (h)   The Building Inspector may order any temporary sign to be painted or refurbished to keep the sign in a neat and safe condition. All signs and sign mounting systems shall be maintained in a safe condition.
   (i)   Any temporary sign not in compliance with this sub-section shall be brought into compliance with ten (10) days of notification by the Building Inspector or otherwise shall be removed by the Village.
   (j)   No temporary sign shall be placed within any public right-of-way or on any public property, utility poles or bridges or bridge abutments.
   (k)   Temporary Signs in the Retail Business District. Temporary signs in the Retail Business District shall comply with the following as well as the applicable regulations in this Section:
      (1)   Only one (1) freestanding, temporary sign shall be permitted for each street on which the lot has frontage, and such sign shall be located a minimum of three (3) feet from any public street right-of-way.
      (2)   Temporary signs may be placed on windows, but such window signs shall not exceed twenty percent (20%) of the total glass area of the windows.
   (l)   Development Sign. A development sign shall be permitted only in compliance with the following:
      (1)   Only one (1) development sign shall be permitted for each street on which the lot has frontage, and such sign shall be located a minimum of three (3) feet from any public street right-of-way.
      (2)   A Zoning Certificate shall be obtained from the Building Inspector for a period of one (1) year; however, such Certificate may be renewed while construction is being pursued diligently.
      (3)   The maximum sign area shall be thirty-two (32) square feet.
         (Ord. 2012-21. Passed 7-11-12.)

1183.13 ILLUMINATION OF SIGNS.

   If signs are illuminated, their light sources shall be shielded and not be of excessive brightness or cause a glare hazardous to pedestrians or auto drivers, or objectionable in any adjacent residential district. The colors red or green, either in direct illumination or reflection shall not be used where it may interfere with the sight lines of a traffic signal. Flashing, moving or intermittent illumination shall be prohibited.
(Ord. 2012-21. Passed 7-11-12.)

1183.15 PROHIBITED TYPES OF SIGNS.

   Signs shall not project over or obstruct the required windows or doors of any building, or attach to or obstruct a fire escape. Signs shall not be erected so as to obstruct traffic sight lines or traffic control lights at street intersections, or traffic sight lines or signals at a railroad grade crossing. Signs visible from a street shall not contain an arrow or words such as "stop", "go", "slow", and so forth, or otherwise resemble highway/street traffic or directional signals. If it appears that a sign may become a traffic hazard or mislead or confuse motorists or pedestrians, its location shall first be approved by the Roads and Safety Committee.
(Ord. 2012-21. Passed 7-11-12.)

1183.17 DESIGN GUIDELINES.

   In addition to ensuring compliance with the numerical standards of these regulations, the Planning Commission shall consider the proposed general design arrangement and placement for permanent signs in the Retail Business District according to the following criteria:
   (a)   The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.
   (b)   The sign should be consolidated into a minimum number of elements.
   (c)   The ratio between the message and the background shall permit easy recognition of the message.
   (d)   The size, style, and location of the sign shall be appropriate to the activity of the site.
   (e)   The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture of the building.
   (f)   Signs shall be designed with a limited number of, and harmonious use of, colors.
   (g)   Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block.
   (h)   The proposed signs are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings and adequately identify the use.
   (i)   Signs shall not extend more than six (6) feet from the face of the building for any part of such sign, nor shall the same extend more than six (6) feet out over any sidewalk or public street. Any sign so erected shall be properly fastened and anchored to such building.
      (Ord. 2012-21. Passed 7-11-12.)

1183.19 SIGN CONSTRUCTION AND MAINTENANCE STANDARDS.

   The Building Inspector shall consider the proposed sign according to the following standards:
    (a)   Construction Standards.  
      (1)   The construction, erection, safety, and maintenance shall comply with all applicable building codes.
      (2)   All signs shall be constructed in a professional manner in conformance with the appropriate building code and other applicable requirements of the Village, and all permanent signs shall be structurally sound to withstand wind pressures of at least thirty (30) pounds per square foot of surface area.
      (3)   All signs shall be located and secured so as to pose no threat to pedestrian or vehicular traffic.
      (4)   Permanent signs shall be fabricated on and of materials that are of good quality and good durability.
      (5)   Electric signs and all permanent signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.
      (6)   No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.
      (7)   In the event there is a conflict between the provisions of this Section and the provisions of any applicable building codes, the provisions of the applicable building code shall govern.
   (b)   Maintenance. All signs shall be maintained in accordance with the following:
      (1)   The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he/she shall have a continuing obligation to comply with all applicable building code requirements.
      (2)   Whenever the Building Inspector shall find that any sign or billboard is unsafe, insecure or a public nuisance the procedures and requirements of Section 1183.11 (g)-(i) for Temporary Signs shall apply.
      (3)   The Building Inspector may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supporters, guys, braces and anchors for such signs shall be maintained in a safe condition.
      (4)   Abandoned signs and failure to maintain. The face of any permanent sign which advertises a business that has not been conducted on the premises for 180 consecutive days, or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent, or person having the beneficial use of the building, structure, or land upon which such sign is located, within ten (10) days after written notice by the Building Inspector, and the sign area shall be replaced by a neutral, single background color panel or similar cover. If the sign is comprised of individually raised letters, the letters shall be removed and any holes the building's façade repaired. Upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign is located. (Ord. 2012-21. Passed 7-11-12.)

1183.21 NON-CONFORMING SIGNS; REMOVAL OR REPAIR.

   Any billboard or sign now existing within the Village and which could not now or in the future be erected or constructed under the provisions of the Planning and Zoning Code shall not be extended or enlarged and in the event of removal shall not be replaced by any sign except in conformity with the provisions of the Planning and Zoning Code. All alterations or changes to any such sign now existing shall be confined to the repair thereof and maintenance in a safe condition.
(Ord. 2012-21. Passed 7-11-12.)

1183.23 ADMINISTRATIVE PROVISIONS.

   (a)   A Zoning Certificate shall be required for all signs, except as otherwise provided for in this Chapter.
   (b)   When required, no Zoning Certificate for a sign shall be issued by the Building Inspector until application for the same shall have first been submitted to and approved by the Planning Commission according to the procedures in Chapter 1127, Development Plan Review Procedures.
   (c)   Application for a Zoning Certificate to erect, hang, place, paint, or alter a sign shall be made by the owner or lessee of the property upon which a sign is proposed and submitted on forms furnished by the Building Inspector. The application shall be made either separately or included with an application for a building. Each application shall be accompanied by drawings to scale, showing:
      (1)   The design and layout proposed, including the total area of the sign, the size, character and color of letters, lines and symbols;
      (2)   The method of illumination, if any;
      (3)   The exact location of the sign in relation to all buildings on the lot; and
      (4)   Details and specifications for construction, erection and attachment as may be required by the Building Code.
   (d)   A fee shall be charged for each Zoning Certificate issued, except as specifically provided in this Chapter.
(Ord. 2012-21. Passed 7-11-12.)

1183.99 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.)
CODIFIED ORDINANCES OF MORELAND HILLS