North Olmsted City Zoning Code
TITLE FIVE
Zoning Districts and Regulations
1133.01 DIVISION INTO DISTRICTS.
For the purposes of the Zoning Code, the City is hereby divided into use districts as provided in Chapter 1133 et seq.
(Ord. 90-125. Passed 5-21-91.)
1133.02 MAPS.
The boundaries of the districts are hereby established on a map entitled "City of North Olmsted, Zone Map" and on file with the Clerk of Council, which map, hereafter referred to as the "Zone Map", shall be deemed to accompany, be, and is hereby made, a part of the Zoning Code.
(Ord. 90-125. Passed 5-21-91.)
1133.03 BOUNDARIES.
(a) Street or Lot Line. Wherever, upon the Zone Map, a district boundary is shown to coincide with a street or alley line, or with a lot line, the boundary of the district shall be the center of such street or alley, or on such lot line.
(b) Other Boundaries. In all other cases the location of district boundaries on the ground shall be ascertained by scaling the Zone Map and by such aids to interpretation as are shown on the Zone Map or furnished by the Zoning Code.
(Ord. 90-125. Passed 5-21-91.)
1133.04 COMPLIANCE WITH REGULATIONS.
Hereafter no land shall be used or occupied, and no structure shall be designed, built, altered, used or occupied, except in conformity with the regulations herein established for the district in which such land or structure is located.
(Ord. 90-125. Passed 5-21-91.)
1133.05 CITY EXEMPTION.
The City is exempted from limitations or restrictions imposed by this Zoning Code on the use of any land or structure.
(Ord. 90-125. Passed 5-21-91.)
1133.06 LIST OF DISTRICTS.
The City is hereby divided into the following use districts, all of which are designated on the Zone Map by appropriate symbols or marking, which districts shall be known, in order of restrictiveness, except for Hi-Rise Classes, beginning with the most restrictive, as:
A - One Family Residence
B - One Family Residence
C - One Family Residence
Two Family Residence
Residential Cluster
Multiple Residence (Apartment)
Senior Residence
Business Districts
Office Building
Residential Office
Limited Industry-Industrial Park
Mixed Use District - A, B, C and D.
(Ord. 90-125. Passed 5-21-91; Ord. 2006-135. Passed 10-17-06; Ord. 2007-5. Passed 4-17-07.)
1135.01 PERMITTED AND CONDITIONAL USES.
A. Permitted Uses. In One and Two Family Residence Districts, land may be used and buildings or structures may be designed, built, altered or used for only the following permitted uses:
1. A, B and C One Family Residence Districts: One family dwellings.
2. Two Family Residence Districts: One family dwellings and two family dwellings.
B. Conditional Uses. In One and Two Family Residence Districts, land may be used and buildings or structures may be designed, built, altered or used for the following uses if a conditional use permit is issued in accordance with the provisions of Chapter 1118:
1. Governmental: Municipal, County, State and Federal buildings and uses for administrative functions and uses by the general public.
2. Civic: Churches, libraries, museums, places for public assembly, memorials, monuments, cemeteries, fraternal organizations and private clubs.
3. Educational: Primary and secondary public, private or parochial schools.
4. Welfare: Hospitals, health centers, nursing homes, group homes, institutions for children and for the elderly, day care centers and any and all uses and restrictions as provided for in Chapter 1138.
5. Recreational: Parks, recreation fields and playgrounds, lakes, pools, public gardens and golf courses.
6. Residential: Bed and breakfast inns. (Ord. 2020-145. Passed 4-20-21.)
1135.02 ACCESSORY USES.
The following accessory uses are permitted in any One and Two Family Residence District, provided that no accessory building or structure may be erected nor accessory use be commenced prior to the construction of the dwelling:
A. Home Occupations. A home occupation may be permitted subject to the following requirements:
1. Only members of the family residing within the dwelling shall work therein;
2. The occupation shall be conducted wholly within the resident dwelling;
3. The home occupation shall not attract a greater number of automobiles to the premises than normally associated with a single family residence;
4. Commercial trucks, tractors, trailers or other vehicles as defined in the Traffic Code or other mobile equipment shall not be parked overnight in driveways or yards;
5. No equipment shall be used nor activity conducted which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot;
6. The residential character of the dwelling exterior shall not be changed;
B. Private Garages and Driveways.
1. Garage Required. At least one (1) private garage shall be provided for each dwelling on lots in any One or Two Family Residence District. No more than one (1) private attached garage and one (1) private detached garage may be located upon any lot. Furthermore, the following requirements shall be met:
a. Area. Any private garage, attached or detached, shall not exceed 750 square feet in floor area. Additionally, any detached and attached private garages in combination shall not exceed 750 square feet in floor area.
b. Dimensions. Any private garage shall have interior measurements of not less than twenty (20) feet in depth and nine (9) feet in width. A detached private garage shall not exceed fifteen (15) feet in height.
c. Setbacks. A detached private garage shall be located not less than fifteen (15) feet from a dwelling on the same lot or any adjacent lot and shall be set back not less than five (5) feet from a side property line and ten (10) feet from a rear property line. A private garage attached by a common wall to the livable floor area of a dwelling or connected to the dwelling by a covered or other enclosed area shall be considered part of the principal structure for the purposes of determining required setbacks.
2. Driveway Required. Any private garage shall be served by a driveway meeting the following requirements:
a. Curb Cuts. One (1) driveway curb cut shall be permitted on each residential lot in any One or Two Family Residence District.
b. Materials. All driveways and parking pads shall be constructed of concrete or asphalt according to the specifications on file in the Division of Building. The use of pervious materials such as turf block, grass strips between concrete strips, brick pavers and similar materials may be approved by the City Engineer on a case-by-case basis. Gravel is not a permitted material for driveways or parking pads.
c. Width. A driveway providing access to a detached garage shall be no more than twelve (12) feet in width in a front yard and twenty-four (24) feet in width in a side or rear yard. A driveway providing access to an attached garage shall be no wider than twenty-four (24) feet. A driveway section no wider than twelve (12) feet may be extended in a side or rear yard adjacent to one side of a detached or attached garage. A paved area, the width of the attached or detached garage and any driveway adjacent to the garage as measured from the garage walls, is permitted to extend for a distance (depth) of twenty (20) feet from the garage doors before tapering back at no less than a forty-five (45) degree angle to the required driveway width to allow access to the garage and the adjacent spaces.
d. Length. Driveways shall extend no further than the most distant point of the garage from the access street.
e. Nonconforming conditions. If a garage is not present on the residential lot, a driveway may be constructed only in the front and side yards in accordance with the restrictions for that permitted for a detached garage.
3. Parking Pads. One and two-family dwellings are permitted an additional paved parking/turnaround pad meeting the following requirements:
a. Location. A pad may be constructed in the front yard of a residential lot having access from an arterial street as designated in Table 1161.07-1. A parking pad may be constructed in the rear or side yard of any residential lot.
b. Design. The pad shall be constructed perpendicular and attached to the driveway. The pad shall be located a minimum distance of five (5) feet from any property line. The pad shall have a maximum length of eighteen (18) feet measured from the existing driveway edge to the far end of the pad and a maximum width of twenty (20) feet.
c. Open Space. The pad shall be constructed to maintain at least sixty percent (60%) green space in the front yard and fifty percent (50%) green space in the combined side and rear yards.
C. Storage Buildings and Accessory Structures.
1. Storage buildings and accessory structures shall only be permitted in rear yards of residential lots in any One or Two Family Residence District.
2. One detached storage building in addition to a private detached garage shall be permitted on a residential lot in accordance with the following schedule:
Lot Area | Maximum Building Size | Maximum Building Height |
Under 10,850 sq. ft. | 100 sq. ft. | 12 ft. |
10,850 to 21,779 sq. ft. | 150 sq. ft. | 12 ft. |
21,780 to 43,559 sq. ft. | 200 sq. ft. | 12 ft. |
43,560 sq. ft. and greater | 300 sq. ft. for the first acre plus 50 sq. ft. for each additional acre in lot size | 14 ft. |
3. Storage buildings 200 square feet or more in size shall meet the drainage requirements of the City Engineer.
4. Permitted accessory structures include decks, patios, terraces, arbors, trellises, gazebos and pavilions. The maximum height of any accessory structure shall be twelve (12) feet.
a. Any covered or roofed deck, patio or terrace shall be considered part of the principal structure and shall meet the required setbacks of the principal structure.
b. Any uncovered or unenclosed deck, patio or terrace may encroach into the required rear yard by no greater than twelve (12) feet, except that decks may also be permitted attached or contiguous to swimming pools.
c. Paved patios at-grade, un-roofed and unenclosed, may be located in the required rear yard subject to the requirements of Section 1135.02C.5. below.
5. Any storage building or freestanding accessory structure shall be set back not less than five (5) feet from any side or rear lot line. On a corner lot, any storage building or accessory structure shall be set back not less than the required front building setback for the abutting lot on the side street.
6. No part of any storage building or accessory structure shall be located within a recorded utility easement or drainage swale, or in such a manner that hinders the free flow of stormwater or hinders the maintenance of stormwater control structures as determined by the City Engineer.
D. Fences. Fences shall be permitted in accordance with the following regulations and the requirements and specifications contained in Chapter 1369, Fences and Screen Walls, in the Building Code.
1. Side and Rear Yards. A fence not exceeding six (6) feet in height may be placed along any side or rear property line providing it does not extend nearer the street line than the front building line.
2. Front Yards. A fence may be placed between the front building line and front lot line so long as at least fifty percent (50%) of the face is open space and the fence does not exceed thirty (30) inches in height.
3. Corner Lots. A fence not exceeding six (6) feet in height may be constructed on a corner lot in the side and rear yards provided that the fence is set back at least twenty (20) feet from the front lot line of the abutting lot on the side street. A fence that is at least fifty percent (50%) open and that does not exceed thirty (30) inches in height may be constructed on a corner lot in the side and rear yards at the front lot line of the abutting lot on the side street.
E. Animal Shelters.
1. Keeping domestic farm animals on private property is regulated in Section 505.19 of the General Offenses Code. Maintenance of animal shelters and any property used for keeping domestic farm animals is regulated in Chapter 1363 of the Building Code. Where permitted, shelters for domestic farm animals shall be located within rear yard areas so that no part of the structure shall be located within ten (10) feet of any side or rear lot line, within 200 feet of a dwelling on any adjacent lot or within 200 feet of any front lot line, except as modified in (b) below.
a. Any area where chickens are harbored shall be limited to a maximum of fifty (50) square feet and six (6) feet in height, inclusive of any structures used to house chickens, and shall be fully enclosed on all sides and well ventilated.
b. Chicken coops and associated enclosures shall meet the location and side and rear yard setback requirements for animal shelters, except that no part of any structure or enclosure shall be located within forty-five (45) feet of a dwelling on any adjacent lot.
c. Chicken coops and any associated enclosures shall be removed if not in active use for more than 180 calendar days.
2. Shelters for dogs shall be limited to fifteen (15) square feet, shall not exceed six (6) feet in height and shall only be located within rear yard areas so that no part of the structure shall be located within ten (10) feet of any side or rear lot line.
F. Antennas and Towers. An independent television antenna or radio tower not to exceed fifty (50) feet in height and not used for commercial purposes may be located in either a rear or side yard, attached to the gabled side of the dwelling where practical.
G. Portable Storage Containers. For the purposes of this section, "portable storage container" means any container designed for the temporary storage of personal property which is typically rented to owners or occupants of property for their storage use and which is delivered and/or removed by truck or trailer.
1. No person shall place a portable storage container on private property without first obtaining a permit from the Division of Building. Each container placed in accordance with this section shall be issued a placard that must be prominently displayed indicating the date of placement and removal.
2. Only one container is permitted on a property.
3. The size of any portable storage container shall not exceed sixteen (16) feet in length by eight (8) feet in width by eight (8) feet in height.
4. Any portable storage container must be located on a driveway or other hard surfaced area.
5. Portable storage containers shall be required to meet side and rear setback requirements for main uses. If feasible, containers must be located outside of required front setback area, but if not feasible, as close to the front setback line as possible.
6. Portable storage containers may be placed on a property for up to thirty (30) days. The Building Commissioner may permit the placement of a portable storage container on a property for more than thirty (30) days, provided the property owner has an active building permit or has demonstrated that extenuating circumstances exist to justify the extension.
7. In addition to the required placard, no more than one (1) sign having a maximum area no greater than permitted for temporary signs under Chapter 1163 may be displayed on any portable storage container.
8. Any portable storage container shall be free of dents, rust and/or graffiti and shall be maintained in good condition.
H. Recreational Vehicles. Recreational vehicles such as boats, travel trailers, motor homes and utility trailers may be stored in One and Two Family Residence Districts as follows:
1. Recreational vehicles may not be stored in front yard areas, except one vehicle may be temporarily parked upon a driveway not more than seven (7) consecutive days and not more than twenty-eight (28) days total in a calendar year. For calculation purposes, a recreational vehicle shall be considered parked for a day if it is parked for any part of that day.
2. Not more than two (2) recreational vehicles may be parked or stored outside of an enclosed building in a side or rear yard area, not closer than five (5) feet to a side lot line and ten (10) feet to a rear lot line.
3. In the case of a corner lot, no recreational vehicles shall be stored in the side street side yard or in the rear yard area closer to the front lot line than the required front building setback of the adjacent lot.
4. All recreational vehicles must be parked on a driveway, parking pad or another approved, stable surface.
5. No recreational vehicle shall have fixed connections to any utility, nor shall such vehicle be used as a dwelling.
6. No storage shall be permitted in or under any recreational vehicle. All recreational vehicles shall be kept in good repair and shall carry the current year's license plate registered to the legal occupant.
I. Swimming Pools. Permanent swimming pools, including decks, accessory structures or other equipment shall only be permitted in rear yards of residential lots in any One or Two Family Residence District. Any pool or associated structure shall be set back not less than ten (10) feet from any side or rear lot line.
J. Book Exchange Boxes. For purposes of this section, "book exchange box" shall mean an accessory structure maintained by a resident on private property where books and recorded performing arts are kept for public use and/or exchange with no fees or sales. Book exchange boxes shall be subject to the following requirements:
1. Boxes are limited to a maximum height of five (5) feet to the highest point on the structure and a maximum width and depth of three (3) feet.
2. Boxes are prohibited in the public right-of-way or in recorded easements.
3. Boxes are permitted in the front yard or side corner yard only and must be located a minimum of five (5) feet from any right-of-way line or any neighboring lot line, measured from the nearest point of the book exchange box.
4. No book exchange box may be located so that it impedes pedestrian access or circulation, obstructs parking areas, or creates an unsafe condition. Boxes cannot be constructed in a manner that obstructs visibility of intersections.
5. No more than one book exchange box is permitted per lot.
6. Boxes which are abandoned, or which are accessory to a vacant or abandoned property, are prohibited and shall be removed. A box shall be determined to be abandoned if it has ceased its operations for a period of at least six (6) months.
K. Prohibited Accessory Structures and Uses. Quonset huts, inflatable garages, portable garages, temporary garages, carports, converted storage or shipping containers, tents used for storage, and semi-tractor trailers used for storage (with or without wheels) are prohibited. Also, floodlights, search lights, loudspeakers or similar structures shall not be erected or used in any One or Two Family Residence District.
L. Temporary Ramps. A temporary ramp, where required for the use of an individual with disabilities who is a resident of the dwelling, shall be permitted subject to the following requirements.
1. The ramp may only provide access to the occupiable level nearest to grade.
2. The ramp shall be permitted in any yard provided such ramp is not less than three (3) feet from any lot line.
3. The area of the ramp shall not be considered in the calculation of maximum lot coverage for structures, or minimum green space for parking or drives.
4. The ramp shall be removed within ninety (90) days of the date that it is no longer required by the resident individual with disabilities.
(Ord. 202-77. Passed 2-16-21; Ord. 2020-145. Passed 4-20-21.)
1135.03 LIVABLE FLOOR AREA.
In any One and Two Family Residence District, a dwelling shall contain the minimum livable first floor area as specified in Table 1135.03-1.
(Ord. 2020-145. Passed 4-20-21.)
1135.04 HEIGHT REGULATIONS.
A. One Family Residences. In any A, B or C Residence District, the maximum height shall be thirty-five (35) feet above grade level or two and one-half (2½) stories, whichever is the lesser.
B. Two Family Residences. In a Two Family Residence District, the maximum height shall be thirty (30) feet above grade level or two (2) stories, whichever is the lesser.
C. Basements. A basement shall be deemed a story when its ceiling is more than four and one-half (4½) feet above grade level.
D. Appurtenances. Chimneys, wireless towers and television antennae erected upon and as an integral part of a dwelling may be erected or extended above the height of the district provided that any such appurtenance shall be set from the exterior vertical plane of the building one (1) foot horizontally for each two (2) feet of height beyond the stated height limitations. (Ord. 2020-145. Passed 4-20-21.)
1135.05 LOT AREA, COVERAGE AND WIDTH.
(a) Minimum Requirements.
. In any One and Two Family Residence District the minimum lot width, area and depth required per dwelling shall be as specified in Table 1135.05-1.
District/Dwelling | Lot Type | Minimum Lot Width (feet) | Minimum Lot Area (square feet) | Minimum Lot Depth (feet) |
A One Family Residence | Interior lot | 80 | 13,200 | 135 |
Corner lot | 90 | |||
B One Family Residence | Interior lot | 70 | 10,850 | 135 |
Corner lot | 85 | |||
C One Family Residence | Interior lot | 60 | 8,700 | 135 |
Corner lot | 75 | |||
Two Family Residence - one family dwelling | Interior lot | 60 | 8,700 | 135 |
Corner lot | 75 | |||
Two Family Residence - two family dwelling | Interior lot | 60 | 14,700 | 135 |
Corner lot | 75 | |||
B. Maximum Lot Coverage.
1. Total Lot Coverage. The maximum land coverage by the principal structure shall not exceed twenty-five percent (25%) of total lot area.
2. Rear Yard Lot Coverage. The total area of all detached garages, storage buildings and any other accessory structures, including but not limited to decks, patios, swimming pools, pavilions, gazebos or animal shelters, shall not exceed twenty percent (20%) of the rear yard area. (Ord. 2020-145. Passed 4-20-21.)
1135.06 SETBACKS.
In any One and Two Family Residence District, a dwelling shall have the following minimum setbacks:
A. Front Yards. The minimum distance a dwelling shall be setback from the front lot line is fifty (50) feet.
B. Side Yards. The minimum width of the side yard shall be on one (1) side not less than five (5) feet and the sum of the two (2) sides shall be not less than twenty (20) feet, unless the dwelling is designed to have an attached garage, in which case the sum of the two (2) sides shall not be less than fifteen (15) feet. In no case shall the distance between adjacent dwellings be less than fifteen (15) feet. A drive may be placed in a side yard providing such side yard is no less than fifteen (15) feet in width. The width of a side yard shall be determined at the point of the least distance from any part of the dwelling to the adjacent side lot line measured perpendicular to the side lot line.
C. Side Yards on Corner Lots. For a corner lot, the minimum setback on the side street shall be twenty-five (25) feet.
D. Rear Yards. The minimum depth of the rear yard shall be fifty (50) feet. The depth of a rear yard shall be determined at the point of least distance from any part of the dwelling to the adjacent rear lot line of the lot measured perpendicular to the rear lot line.
(Ord. 2020-145. Passed 4-20-21.)
1135.07 PROJECTIONS.
A. Entrance features such as platforms, landings, steps, stoops or other open features not extending above the first floor of a building, may project not more than eight (8) feet into a required front yard, and not more than three (3) feet into a required side yard, provided such projection is not less than three (3) feet from any side lot line.
B. Architectural appurtenances which do not increase the livable floor area of a dwelling unit may project not more than twenty-four (24) inches into a required yard area. However, in no case shall such projection be located closer than five (5) feet to any lot line.
C. Air conditioning units and generators may project into a required rear yard, provided such projection extends no more than ten (10) feet from the rear building line. Such units may project into a required side yard, provided such projection is not less than five (5) feet from any side lot line.
(Ord. 2020-145. Passed 4-20-21.)
1136.01 INTENT.
In order to allow greater flexibility and utilization of space than is possible through the strict application of minimum requirements of the standard one and two family residential districts and to provide a reasonable variation in dwelling unit types and density, dwellings may be clustered in accordance with the provisions of this Chapter on land zoned in a Residential Cluster District in order to:
(a) Encourage the conservation of any natural amenities on a site, including, but not limited to, steep slopes, wooded areas, floodplains and wetlands;
(b) Increase the available housing choices within the City by providing for a variety of dwelling unit types on smaller sized lots than in conventional subdivisions;
(c) Provide a more flexible and attractive residential development that will allow for a clustering of buildings in order to allow a greater utilization of open space; and
(d) Allow for a reasonable increase in residential density for areas well served by transportation and other community facilities.
(e) Provide for rezoning consistent with the adopted Master Plan.
(Ord. 2007-5. Passed 4-17-07.)
1136.02 DEFINITIONS.
(a) “Buildable area” means the land area that is available for construction after all zoning and other municipal requirements have been fulfilled. Buildable area would exclude required setbacks and preservation areas.
(b) “Development area” means the minimum area of land to be developed by a single owner or a group of owners in accordance with the provisions of this Zoning Code.
(c) “Open space area” means land in a residential cluster development area not occupied by dwellings, streets, parking areas, driveways or other structures, with the exception of recreation facilities, nor land area within required yards, setbacks and buffers, and which is intended for use and enjoyment by the occupants of dwellings in the development area or for storm water cleansing and control.
(d) “Preservation area” means any area on which construction activities may be prohibited, such as floodplains, wetlands and riparian setbacks.
(e) “Single family attached dwelling” means a building consisting of separate independent dwellings connected by independent, fire rated walls or floor/ceiling assemblies to at least one other dwelling unit with each unit having at least two separate entrances.
(f) “Single family detached dwelling” means a building consisting of a single dwelling unit having at least two separate entrances.
(g) “Two family dwelling” means a building consisting of two dwelling units which may be either attached side by side or one above the other, separated from each other by tenant walls, floors and/or ceilings, of concrete, masonry or the equivalent, and each unit having either a separate or combined entrance or entrances.
(Ord. 2007-5. Passed 4-17-07.)
1136.03 PERMITTED USES.
Buildings and land shall be used and buildings shall be erected, altered, moved and maintained in a Residential Cluster District only in accordance with the following:
(a) Principal Uses.
(1) Single-family detached dwellings
(2) Two-family dwellings
(3) Single-family attached dwellings that include not more than three dwelling units in a grouping
(4) Open space areas
(b) Accessory Uses.
(1) Private garages attached to or located in a dwelling
(2) Open parking areas
(3) Landscape features, private gardens, patios, walls and fences
(4) Recreation and community facilities on private and common land
(5) Home occupations
(Ord. 2007-5. Passed 4-17-07.)
1136.04 DEVELOPMENT STANDARDS.
(a) Site Design. Residential cluster developments shall be designed to complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading and maximize the conservation of trees, watercourses and other natural features. Natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of dwellings, open space areas and accessory uses.
(b) Building Design. In order to enhance privacy and encourage attractive building arrangements, the alignment of buildings should be varied and the façades of adjoining dwelling units shall be offset. Attractive variations in such elements as façade, width, color, exterior materials and roof lines are desirable.
(c) Landscaping. All development and open space areas shall be landscaped according to an overall coordinated plan, utilizing a variety of trees, including evergreen type to maximize screening potential year-round. Existing trees and significant vegetation shall be retained wherever feasible and desirable. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances.
(d) Vehicular Circulation. The circulation system and parking facilities shall be designed to fully accommodate the automobile and emergency vehicles with safety and efficiency. Any driveway to arterial and collector streets shall be placed at locations where the traffic can be controlled and operated effectively with the minimum interference with the capacity and flow of the existing streets.
(e) Pedestrian Circulation. Each residential cluster development shall be served by a comprehensive walkway system adequately separated from vehicular circulation connecting residential buildings to parking and open space areas.
(Ord. 2007-5. Passed 4-17-07.)
1136.05 AREA AND DENSITY REGULATIONS.
The following minimum requirements are established to guide and control the planning, development, and use of land in a Residential Cluster District.
(a) Development Area. The minimum area to qualify for a Residential Cluster District development shall be five contiguous acres, provided that an individual project may be less than five acres when it is contiguous to and designed in connection with an existing residential cluster district or development.
(b) Development Area Density. The residential density of the entire development area shall follow the schedule below, and in no case exceed 5.25 units per acre.
Table 1136.05-1, Development Density | |
Open Space Preserved1 | Permitted Density (based on total development area) |
20% of buildable area | 4.25 units/acre |
25% of buildable area | 4.75 units/acre |
30% of buildable area | 5.25 units/acre |
(c) Floor Area. The minimum livable floor area of any dwelling unit in a Residential Cluster District shall be 1,200 square feet.
(Ord. 2007-5. Passed 4-17-07.)
1136.06 HEIGHT REGULATIONS.
In a Residential Cluster District structures shall be developed and maintained in accordance with the following height regulations:
(a) Buildings. The height of any dwelling in a residential cluster development shall not exceed thirty-five (35) feet. The Planning and Design Commission may, however, allow a greater height where topographic or other conditions warrant such height.
(b) Accessory Structures. The height of any accessory structure shall not exceed twenty (20) feet in height at the highest point of the roof line, nor more than one story. The height of fences, walls and other accessory structures which are not buildings shall not exceed six (6) feet.
(c) Exceptions to Height Limit. Chimneys and antennas located on a main building may exceed the height limit established for buildings but are limited to a maximum height of ten (10) feet above the roof line. Approved street lighting is exempt from the height limitations of subsection (b) hereof.
(Ord. 2007-5. Passed 4-17-07.)
1136.07 BUILDING SPACING AND YARD REGULATIONS.
Dwelling units in a Residential Cluster District may be arranged in various groups, courts, or clusters with open spaces organized and related to the dwellings so as to form a unified composition of buildings and space, and in accordance with the following provisions:
(a) Building Spacing. In order to ensure adequate privacy for each dwelling unit, the minimum spacing between buildings shall be determined by the types of walls facing each other and shall be distances required below:
(1) When neither of the two walls facing each other contains windows, patios or decks, or the windows are in non-living areas, two dwellings shall be separated by a minimum of 10 feet.
(2) When one or both of the walls facing each other contain windows, other than primary windows of living areas, the two dwellings shall be separated by a minimum of 15 feet.
(3) When one or both of the walls facing each other contain primary windows of living areas or patios or decks, the two dwellings shall be separated by a minimum of 20 feet.
(4) For the purposes of this section, the following definitions shall apply: “living areas” shall include living rooms, family rooms, great rooms, bedrooms, dining rooms and kitchens; “primary window” means any window in a living space having a sill height of 60 inches or less above the floor.
(b) Attached Units. Attached dwellings may be attached side by side or one above the other.
(c) Yard Regulations.
(1) Yards not less than forty (40) feet in width shall be required along any public street line bordering the development area. Yards not less than twenty (20) feet in width shall be required along any other property line.
(2) No dwelling shall be closer than twenty (20) feet from the nearest edge of the street or sidewalk pavement and no dwelling shall be less than twenty (20) feet from a parking area other than a driveway directly serving a dwelling.
(3) No dwelling shall be closer than fifteen (15) feet from the nearest edge of an open space area or required yard.
(d) Flexible Design. With respect particularly to properties of irregular shape, unusual topography or limited size, the Planning and Design Commission may modify requirements regarding yards and spacing between uses if compliance with these requirements is either infeasible or in conflict with the development standards of this chapter. Modifications made by the Planning and Design Commission must receive the approval of Council.
 |
(Ord. 2007-5. Passed 4-17-07.)
1136.08 OPEN SPACE REGULATIONS.
Open space, wherever possible, shall consist of interconnected areas throughout the development and be adjacent to, or accessible to, the maximum number of dwelling units practicable. Highest priority shall be given to including those areas of the site which best preserve the natural landscape and/or unique natural features. Other open space areas shall be large enough to be suitable for the intended purposes of the area and shall otherwise comply with the following:
(a) The open space required in Section 1136.05 shall be permanently preserved as common land.
(b) In determining if the proposed open space is in compliance with this section and Section 1136.05, the Planning and Design Commission shall consider the following criteria:
(1) A portion of the open space should be visible from adjacent public streets so that the benefits of the open space extend beyond the project boundaries.
(2) The open space should not solely include land areas merely because they have a shape or natural characteristics which make them unsuitable for conventional development.
(3) The open space shall include recreation buildings and areas exclusive of parking.
(4) The open space shall include retention or detention basins or ponds so long as they are designed in a manner which contributes to and complements the open space characteristics of the project.
(5) The open space shall not include required yards, street rights-of-way, private drives, parking areas, or minimum spacing between buildings.
(c) Open Space Credit. A portion of any land which is designated as preservation area, which is not considered buildable area, may be counted towards required open space based upon the following formula:
Maximum percentage of preservation land area counted toward open space credit | = | Percentage of total dwelling units immediately adjacent to and benefiting from the preservation area |
(Ord. 2007-5. Passed 4-17-07.)
1136.09 PARKING AND CIRCULATION.
(a) Resident Parking. Two (2) enclosed off-street parking spaces shall be provided for each dwelling unit in a residential cluster development.
(b) Visitor Parking. Additional off-street parking areas shall be required by the Planning and Design Commission for any recreation facilities serving the cluster development. Also, additional guest parking shall be required if the Commission determines that such additional parking is necessary to adequately serve the needs of the development.
(c) Driveways. Individual driveways to garages serving each dwelling unit shall have a minimum width of sixteen (16) feet. The front of the garage shall be set back a minimum of twenty (20) feet from the nearest edge of the street or sidewalk pavement.
(d) Sidewalks. Sidewalks shall be provided for on both sides of any private or public street; however, the Planning and Design Commission may approve plans for a residential cluster development with sidewalks on only one side of the street when additional walks or paths within the open space area of the residential cluster development are included in the plans. Sidewalks shall be a minimum of five (5) feet in width and built to City standards.
(Ord. 2007-5. Passed 4-17-07.)
1136.10 IMPROVEMENTS.
Except as specifically provided in this section, all improvements in a Residential Cluster District shall be in accordance with the Subdivision Regulations of the City and shall conform to all existing or future requirements of the City Engineer and/or Council for plans and specifications with respect to the construction and material standards for all streets, sidewalks, storm and sanitary sewers, street lighting, water distribution, electric, telephone, and gas distribution systems within the City.
(a) Streets.
(1) Streets internally serving a residential cluster development shall be developed as private streets.
(2) Street width for private streets may be twenty-two (22) feet, measured from back of curb to back of curb, when off-street guest parking spaces are provided, if approved by the City Engineer, Safety Department, and the Planning and Design Commission.
(3) Alternate paving materials of asphalt may be proposed for a private street, provided that it is designed with a minimum asphalt pavement thickness as required by the Ohio Department of Transportation Pavement Design and Rehabilitation Manual flexible pavement design procedure but in no case less than seven inches of asphalt on a six-inch aggregate base, if approved by the City Engineer and the Planning and Design Commission.
(4) Curbs shall be concrete and designed as straight barrier curbs.
(5) Cul-de-sac streets may be of any length.
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(b) Utilities.
(1) All utility improvements shall be installed underground.
(2) Utility improvements need not be installed in a street right of way if their location is approved by the City Engineer and permanent easements providing access to the utilities are granted to the City and the utility companies in a form satisfactory to the City Engineer and the Law Department.
(3) All existing ditches are to remain open except at street crossings. Culverted street crossings are to be designed for the 10-year flood frequency. A diagram showing the proposed 100-year culvert headwater pool shall be provided. (Ord. 2007-5. Passed 4-17-07.)
1136.11 DEVELOPMENT PLANS REQUIRED.
Preliminary and final site development plans shall be prepared by the developer for all proposed development in a Residential Cluster District in accordance with the procedures described in Chapter 1126 and the requirements of this Chapter. All development plans or parts thereof shall be prepared and submitted by a State licensed/registered professional such as an engineer, surveyor, architect or landscape architect. The development plans shall include all of the following items, unless waived by the Director of Planning and Building Official:
(a) Site plan of the development area including:
(1) The boundaries of the property or properties involved and the existing conditions including structures, rights-of-way, easements, trees and landscape features, and the gross area of the development area in acres and square feet;
(2) Location of all structures in the development area to be removed and all structures lying outside of the boundaries of the development within 200 feet;
(3) Topography at one-foot contour intervals;
(4) Number, location and arrangement of all proposed dwelling units;
(5) Location and dimensions of building and setback lines;
(6) Proposed circulation system including public and private streets, parking areas, driveways, and pedestrian access ways;
(7) Location of open space and recreation areas;
(8) Location of all site utilities, easements, service areas, and storm water management areas including shape and size of proposed basins; and
(9) Location of any required wetland or riparian setbacks.
(b) Landscape plan, including tree preservation/removal, as well as any fences, walls and other site features;
(c) Building plans for each type of structure proposed, including floor plans and exterior elevations;
(d) Deed restrictions, declarations, protective covenants and other legal instruments to be used to control the use, development and maintenance of the land and improvements, including those areas to be owned in common and so maintained such as land, walls and driveways;
(e) Preliminary storm water management calculations that meet standards of the Streets, Utilities and Public Services Code; and
(f) Such other information as may be required to evaluate the proposal.
(Ord. 2007-5. Passed 4-17-07.)
1136.12 DEVELOPMENT PLAN REVIEW.
Upon receipt of complete preliminary development plans, the Building Official shall transmit a copy of the plans to the Planning Director, Safety Director and City Engineer for their review, report and recommendation. The Building Official shall also transmit a copy of all covenants, restrictions and easements to be recorded and covenants for maintenance to the Law Director for his review, report and recommendation. The Director of Planning and Building Official shall, within thirty (30) days of the submittal by the applicant, review the plan for general conformance to the development plan requirements of Section 1136.11 and request that the applicant attend a pre-submission conference to preliminarily discuss the application. The applicant shall make, if necessary, corrections, amendments or revisions and resubmit complete final development plans to the Building Department for review by the Planning and Design Commission. (Ord. 2007-5. Passed 4-17-07.)
1136.13 REPORT TO COUNCIL.
(a) Review Period. Within sixty days after complete final development plans been filed with the Building Department, the Planning and Design Commission shall evaluate the plans and any reports provided by City officials and it shall furnish to Council its detailed report and recommendations with respect thereto. The review period shall commence upon the first meeting at which an application is docketed before the Planning and Design Commission. The review period may be stayed by written consent of the applicant or its representative. The Commission shall note any delay in review that is caused by the applicant and, absent consent of the applicant, may request an extension of time from City Council.
(b) Findings and Recommendation. The Commission’s recommendation to City Council shall include a finding either that the site plan complies with the regulations, standards, and criteria prescribed by this Zoning Code for residential cluster development, or a finding of any failure of such compliance and a recommendation that the site plan be approved, disapproved or modified. If in any such evaluation, the Commission finds that any regulations, standards or criteria prescribed by this Zoning Code are inapplicable because of unusual conditions of the development area, or the nature and quality of the proposed design, it may recommend to Council that an exception or adjustment in such regulations, standards or criteria be made, provided, however, such adjustment will not be in conflict with the promotion of the public health, safety and general welfare of the City.
(c) Standard of Review. The Planning and Design Commission shall offer its recommendation in accordance with its duties under the Charter of the City of North Olmsted, which includes review for conformance with the Master Plan. Accordingly, notwithstanding its review pursuant to the standards and criteria in this Chapter, the Planning and Design Commission reserves authority to recommend in favor or against rezoning.
(Ord. 2007-5. Passed 4-17-07.)
1136.14 ACTION BY COUNCIL.
Following receipt of the Planning and Design Commission report, and its own review, Council may, in its legislative discretion, either approve, disapprove or modify the site plan. Council may affirm any report of the Commission by a majority vote of its members. If Council reverses a report of the Commission recommending disapproval of the development plan, it shall only do so by the affirmative vote of not less than two-thirds of its members.
In conducting its review, Council shall exercise sound legislative judgment to decide whether rezoning of the property is reasonable, rationally related to the City’s legitimate interest in substantially advancing the public health, safety, morals and general welfare. The legislative determinations of Council may be guided but is not bound by the Master Plan. Likewise the administrative review of Planning and Design Commission pursuant to the criteria in this Chapter may support but shall not control the legislative rezoning determination of Council.
Following approval of the development plan, Council shall proceed with the amendment of the Zoning Map as provided in Chapter 1127 by classifying the development area as a Residential Cluster (RC) zoning district.
Once the development plan and rezoning are approved by a majority of the members of Council, and if the applicant meets all other applicable conditions under local and state law, the Building Official shall issue the applicant a building permit.
(Ord. 2007-5. Passed 4-17-07.)
1137.01 INTENT.
In order to achieve a balanced residential community with a range of dwelling types designed to meet the varying housing needs of the City's present and future population, it is deemed necessary to create provisions for apartment dwellings in selected locations of the City.
(Ord. 90-125. Passed 5-21-91.)
1137.02 PERMITTED USES.
In a Multiple Residence (Apartment) District, land may be used and buildings or structures may be designed, built, altered or used only for the following permitted uses:
(a) Any use permitted in the least restrictive One and Two Family Residence District, and Single Family Cluster (SFC) District, contiguous to any part of such Multiple Residence (Apartment) District, but subject to all conditions contained in the Zoning Code relating to such Districts;
(b) Apartment dwellings.
(c) Any and all uses and restrictions permitted in Chapter 1138.
(Ord. 97-121. Passed 2-17-98.)
1137.03 ACCESSORY BUILDINGS AND USES.
In a Multiple Residence (Apartment) District, a detached community garage providing no more than the storage space for two motor vehicles for each dwelling unit located on the same lot is permitted, provided no part of the same is nearer than sixty feet to the street line upon which the apartment dwelling fronts or nearer than forty feet to any other street line, and further provided no repair facilities may be maintained within the same and no repairs except of a minor or emergency nature are made therein.
(Ord. 90-125. Passed 5-21-91.)
1137.04 LIVABLE FLOOR AREA REQUIREMENTS.
In a Multiple Residence (Apartment) District, one, two and single family cluster dwellings shall conform to the applicable requirements for such districts set forth in Chapters 1135 and 1136. Any apartment dwelling unit shall contain a minimum livable floor area of not less than 660 square feet for a one bedroom apartment unit and 750 square feet for a two bedroom unit.
(Ord. 90-125. Passed 5-21-91.)
1137.05 HEIGHT REGULATIONS.
In a Multiple Residence (Apartment) District, the maximum height limitation shall be thirty-five feet above grade level or two and one-half stories, whichever is the lesser.
(Ord. 90-125. Passed 5-21-91.)
1137.06 LOT AREA AND WIDTH REQUIREMENTS.
In any Multiple Residence (Apartment) District, the minimum lot area and width required per dwelling unit shall be as follows:
Table 1137.06-1, Lot Area and Width | ||
Dwelling Unit | Minimum Width of Lot (feet) | Minimum Area (square feet) |
One family | 60 | 8,700 |
Two family | 60 | 14,000 |
Single family cluster | -- | 7,260 |
Apartment | -- | 3,630 |
(Ord. 90-125. Passed 5-21-91.)
1137.07 YARD REGULATIONS (MAIN USE).
In order to encourage greater flexibility in design and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for apartment dwellings are hereby established for a single multifamily building and yard regulations for locating several buildings within a group development.
The yards of multifamily buildings shall be related to the space within the dwelling units as well as the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, from streets, parking and recreation areas in accordance with the following:
(a) Definitions. The terms in this section are defined as follows:
(1) "Single development" means a development of one multifamily building on one lot coordinated with the surrounding neighborhood and fronting on a dedicated street.
(2) "Group development" means a development of more than one multifamily building on a parcel planned as a unit and coordinated with the surrounding neighborhood.
(3) "Main wall" means any exterior wall of a multifamily building containing the principal windows of a living, dining and/or sleeping room or rooms.
(4) "End or secondary wall" means any exterior wall of a multifamily building other than a main wall and containing secondary windows required for ventilation and not intended to provide direct views.
(5) "Overlapping walls" means that portion of the exterior walls which are directly opposing when two buildings, parallel or within thirty degrees of being parallel, face each other across an open yard or court.
(b) Front Yard Depth. The front yard depth, or setback, for multifamily buildings, in single development or group development, shall be in accordance with the following:
(1) Dedicated street ROW: 100 feet.
(2) Development area street: fifty feet.
(c) Distance Between Facing and Overlapping Buildings. The distance between facing and overlapping buildings or parts thereof in a group development of multifamily buildings shall vary in direct relation to the length and height of buildings. Such minimum distance shall be determined by the formula:
Minimum Distance = LA+LB+HA+HB
/
F
The elements of the formula are illustrated in Appendix I and defined as follows:
(1) "Minimum distance" means the required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.
(2) "LA" means the total length of building A which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building A from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building B.
(3) "LB" means the total length of building B which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building B from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building A.
(4) "HA" means the height of building A.
(5) "HB" means the height of building B.
(6) "F" means the divisor factor. In Multiple Residence (Apartment) Districts, the divisor factor is four. Provided, however, the minimum distance between main walls of separate buildings shall not be less than forty feet.
(d) Distance in Angular Arrangements. The minimum distance between buildings in angular arrangements of thirty degrees to sixty degrees shall be determined by the formula:
Minimum Distance = 2LB+HA+HB-k / F
The elements of the formula are as defined above and are shown on the illustration Appendix I. "k" in the formula varies as the sine of 2n where n is the angle from building B to building A or extensions thereof.
Where n is: 30 degrees to 34 degrees - k = 10 feet
35 degrees to 39 degrees - k = 20 feet
40 degrees to 50 degrees - k = 25 feet
51 degrees to 55 degrees - k = 20 feet
56 degrees to 60 degrees - k = 10 feet
"F" means the divisor factor. In Multiple Residence (Apartment) Districts, the divisor factor is four.
(e) Distances Between Walls of Court Arrangements. Such minimum distances shall be determined by applying the formula set forth in subsection (c) hereof, to each set of facing walls. In arrangements of parallel walls with offset sections, the distance between the corresponding parallel walls shall be determined by such formula. The elements of the formula are shown on the illustration Appendix I. "F" means the divisor factor. In Multiple Residence (Apartment) Districts, the divisor factor is four.
(f) Distance Between Nonoverlapping Walls. Where walls of two multifamily buildings do not directly face each other or do not overlap, that is, where lines drawn perpendicular from the face of any wall of any one building will not intersect the face of any wall of another multifamily building, the minimum horizontal distance between such buildings shall be not less than one-half of the combined height of the two buildings. Such minimum distance shall be determined by the formula:
Minimum Distance = HA+HB / 2
(g) Distance Between Building and Boundary Line of the Multifamily Development Area. The distance between buildings and boundary lines of a multifamily development area or part thereof, in a single development or group development and any side or rear lot line of the parcel or development area boundary shall vary in direct relation to the length and height of the building. Such minimum distance shall be as determined by the formula:
Building Parallel to Lot Line: 2(LL)+HA / F
Building at Angle to Lot Line: 2(LL)+HA-K / F
The elements of such formula are shown on the illustration Appendix I and defined as follows:
(1) "Minimum distance" means the minimum required horizontal distance between any wall of a building and the nearest side or rear lot line or boundaries of the parcel or development area.
(2) Where the building is parallel to the lot line, "LL" means the maximum length of the side or rear lot line which can be intersected by lines drawn perpendicular from the face or faces of any wall or walls of the buildings.
(3) Where the building is at an angle to the lot line, "LL" means the maximum length of the side or rear lot line from which lines drawn perpendicular will intersect any wall of the building.
(4) "HA" means the height of building A.
(5) "K" in the formula varies as the sine of 2n where n is the angle from the lot line to the building. The value of "K" is set forth in subsection (d) hereof.
(6) "F" means the divisor. In Multiple Residence (Apartment) Districts, the divisor factor is four.
(Ord. 90-125. Passed 5-21-91.)
1137.08 YARD REGULATIONS (ACCESSORY USE).
The minimum distances from any accessory uses such as storage garages, parking areas, driveways, walks and recreation areas to certain walls of main buildings, streets and boundaries of the development area shall be not less than set forth in the following schedule:
MINIMUM DISTANCES FOR ACCESSORY USES IN MULTIPLE
RESIDENCE (APARTMENT) DISTRICTS
Table 1137.08-1, Minimum Distances for Accessory Uses | ||||||
To Walls of Main Buildings | To Streets Public Project | To Side and Rear Lot Line Adjacent to | ||||
Accessory Building or Use | Main (ft.) | End (ft.) | Public (ft.) | Project (ft.) | Residential District (ft.) | Non- residential District (ft.) |
Storage garage | 30(a) | 15(a) | 60 | 10 | 10 | 5 |
Parking Area and Driveway (b) | 30 | 15 | 20(c) | 5(c) | 20 | 10 |
Project walk | 10 | 5 | --– | -- | 5 | 5 |
Area for active recreation | 50 | 25 | (d) | 25 | 50 | 15 |
(a) Garage may be in basement ground floor or not less than set forth in this schedule.
(b) If the driveway is designed as a part of the building entrance, it may be less than set forth in this schedule for that section at the entrance.
(c) Parking area only.
(d) Recreation areas not permitted in required front yard.
(Ord. 90-125. Passed 5-21-91.)
1137.09 PARKING.
One enclosed off-street parking space and one open off-street parking space shall be provided for each apartment dwelling unit.
One additional guest off-street parking space shall be provided for each ten apartment units.
(Ord. 90-125. Passed 5-21-91.)
1137.10 PROCEDURES FOR APARTMENT DEVELOPMENT.
Subject to the requirements of this chapter, a developer may submit to the Building Official a site plan of an apartment development area by filing copies thereof in accordance with Chapter 1126.
(Ord. 90-125. Passed 5-21-91.)
1137.11 APARTMENT AREA SITE PLAN.
A site plan of the apartment area designed in accordance with the planning standards, regulations and criteria established in this Zoning Code and the Subdivision Regulations shall indicate all uses proposed for the apartment development area, the location and arrangement of uses and shall include, unless waived by the Planning and Design Commission as not being applicable, the following:
(a) Topography at two-foot contour intervals of the proposed development area, including property lines, easements, street right-of-ways and existing structures, trees and landscape features existing thereon and a certificate, by a registered engineer or surveyor, of the gross area of the development area in acres and square feet;
(b) The location of all structures in the development area to be removed and all structures lying outside of the boundaries of the development area, located within 200 feet thereof;
(c) The number, location and arrangement of all proposed dwelling units;
(d) The proposed use of all land;
(e) The location and arrangement of all dedicated streets, private driveways, and pedestrian accessways;
(f) The number and arrangement of all open and enclosed parking and service areas;
(g) The location of all site utilities including refuse disposal areas and containers;
(h) The location of all walls and other site features;
(i) The landscape design for the apartment area;
(j) Such other relevant information as the Planning and Design Commission and City Engineer may require.
The apartment site plan of a development area shall be prepared by professional persons qualified in the planning of land development, building and landscape design. The architectural and engineering service required for the preparation of the site plan shall be rendered by licensed professional persons.
(Ord. 90-125. Passed 5-21-91.)
1137.12 BUILDING PERMITS.
Following approval of the apartment area site plan by Planning and Design Commission, Council, the City Engineer and Safety Director and approval of building plans by the Building Official, building and other permits may be issued upon payment of the required fees.
(Ord. 90-125. Passed 5-21-91.)
1137.13 PHASED DEVELOPMENT.
A developer, having obtained final approval of an apartment site plan, may accomplish the development in progressive stages as may be approved by the Planning and Design Commission and City Engineer.
(Ord. 90-125. Passed 5-21-91.)
1137.14 AMENDMENT TO PLANS.
(a) At any time after the approval of an apartment site plan of a development area, the owner or owners may request an amendment of their plans. The request for such amendment shall be filed with the Building Official and one copy filed with the Clerk of Council. If such amendment is in substantial agreement with the approved apartment area site plan, it shall be processed by the Planning and Design Commission.
(b) Should such amendment represent a departure from the intent of a prior approval in terms of:
(1) Building location and arrangement;
(2) Street alignment;
(3) Intensity of use (density);
(4) Land use arrangements; and
(5) Area and parking requirements,
such amendment shall then be subject to the same procedures and conditions of approval as the original application. (Ord. 90-125. Passed 5-21-91.)
ILLUSTRATION OF
YARD REGULATIONS FOR MULTIFAMILY DWELLINGS
APPENDIX I
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1138.01 INTENT.
In recognition of the special nature of the housing needs of senior citizens and to enable senior citizens to obtain suitable, safe, sanitary and decent housing designed to meet their special needs which include, among other things, a reduced dwelling size, assistance in housekeeping, availability of and location to essential amenities, and the development of neighborly relations in order to reduce feelings of alienation, it is necessary to establish an additional zoning classification regulating and controlling the location of buildings designed specifically for senior citizens. The location of such housing would be in accordance with and advance the policies of the Master Plan and would promote and protect, to the fullest extent permissible under the powers of the City, the public health, safety, convenience, comfort, prosperity and general welfare of the residents.
(Ord. 2005-95. Passed 4-4-06.)
1138.02 SENIOR CITIZENS DEFINED.
As used in this chapter, “senior citizens” means those persons of at least fifty-five years of age and older, unless such persons fall within one of the following exceptions:
(a) A spouse under fifty-five years of age married to one over that age; and
(b) A handicapped or infirm adult of at least eighteen years of age whose disability requires the special amenities and services of a senior citizens facility. (Ord. 2005-95. Passed 4-4-06.)
1138.03 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part, in Senior Residence Districts, only for the uses set forth in the following schedules and regulations:
(a) Permitted Uses.
(1) Single family cluster (attached or detached) independent living units;
(2) Multiple family residence generally known as a Senior Residence Center including independent and/or assisted living units;
(3) Residential nursing homes, provided that such use is planned and approved in conjunction with independent and assisted dwelling units as are permitted under subsections (a)(1) and (2) hereof;
(b) The following accessory uses which are immediately and exclusively accessory to the uses permitted on the site; necessary for the comfort, convenience, and primary use of residents, employees and visitors in the permitted buildings; and only as approved as appropriate accessory uses by the Planning and Design Commission and confirmed by Council:
(1) Medical care facilities exclusively for the residents of the development.
(2) Meeting and/or social rooms or areas.
(3) Dining facilities, restaurant and/or coffee shop for the use of residents, staff and guests.
(4) Indoor and/or outdoor recreational facilities.
(5) Beauty parlor and/or barber shop.
(6) Gift shop and/or newspaper stand.
(c) The following other accessory uses immediately and exclusively accessory to a use permitted on the site:
(1) Automobile parking facilities.
(2) Maintenance facilities.
(Ord. 2005-95. Passed 4-4-06.)
1138.04 DEVELOPMENT CRITERIA.
The following development criteria are established to guide and control the development and use of land for housing designed for the elderly in a Senior Residence District:
(a) Ancillary Facilities. All developments designed for senior citizens shall contain the following ancillary facilities: a multipurpose senior center, health and counseling offices as required and permitted by the State of Ohio, craft and meeting rooms, a lounge area, areas for passive and active recreation and any and all other amenities required in buildings for senior citizens in new construction designed for senior citizens.
(b) Special Safety and Convenience Features. All multifamily housing designed for senior citizens shall include any and all other special safety and convenience features required in buildings qualifying for housing assistance for senior citizens in new construction designed for senior citizens.
(c) Accessory Uses. Accessory uses shall be integrated into the primary buildings or common areas of the senior residence development.
(Ord. 2005-95. Passed 4-4-06.)
1138.05 AREA REGULATIONS.
In a Senior Residence District, land and structures shall be developed and maintained in accordance with the following regulations:
(a) Development Area. The minimum development area in the Senior Residence District shall be two (2) acres. Further, the lot area shall not be less than:
(1) For single family cluster independent living units, 7,260 square feet per dwelling unit, and
(2) For multiple family residences and residential nursing homes, 2,200 square feet per dwelling unit.
(b) Lot Coverage. The ground floor area of all main and accessory buildings shall not exceed thirty (30) percent of the total lot area.
(c) Attached Units. Not more than three single family cluster units may be attached in any building group.
(Ord. 2005-95. Passed 4-4-05.)
1138.06 HEIGHT REGULATIONS.
In a Senior Residence District, structures shall be developed in accordance with the following regulations:
(a) The height of any permitted building under Section 1138.03(a)(1) shall not exceed two stories.
(b) The height of any permitted building under Section 1138.03(a)(2) or Section 1138.03(a)(3) shall not exceed four stories or forty-five feet above average grade surrounding the building, whichever is less. Elevator housings or other rooftop mechanical equipment may extend not more than ten feet above the top of any building, shall be substantially set back from all main building walls, and shall be designed as an integral part of the building or enclosed with similar architectural treatment as the main building walls.
(Ord. 2005-95. Passed 4-4-05.)
1138.07 SETBACK REGULATIONS.
Buildings, parking and drives shall be designed, improved and maintained in accordance with the following regulations.
(a) Front Setback. Building setback shall be measured from street right-of-way of dedicated streets or from the nearest edge of pavement of private drives.
(1) Senior Residence Center - 100 feet or seventy-five feet if there is no parking in front yard.
(2) Single Family Cluster Units - Fifty feet on arterial and collector roads, thirty-five feet on local roads.
(3) Parking and drives - Fifty feet.
(b) Side Setback.
(1) Senior Residence Center - Thirty-five feet minimum or 1.5x height of structure, whichever is greater.
(2) Single Family Cluster Units - Thirty-five feet.
(3) Parking and drives - Twenty feet.
(c) Rear Setback.
(1) Senior Residence Center - Thirty-five feet or 1.5x height of structure, whichever is greater.
(2) Single Family Cluster Units - Thirty-five feet.
(3) Parking and drives - Fifty feet.
(d) The Planning and Design Commission may recommend reduction of the side and rear yard requirements if it is determined that there is no significant adverse impact on the abutting properties or if the abutting properties are to be developed for use by the elderly.
(e) The minimum distance between attached or detached single family cluster units shall be ten feet.
(Ord. 2005-95. Passed 4-4-06.)
1138.08 DWELLING UNIT SIZE.
The minimum floor area of dwelling units in any Senior Residence District shall be in accordance with the following regulations.
(a) Single Family Cluster Units.
One story - 1,100 square feet.
Two story - 1,320 square feet.
(b) Multiple Family Residences.
Independent living unit - 450 net square feet.
Assisted living unit - Dwelling unit size shall be governed by the requirements of the Ohio Department of Health as set forth in the applicable provisions of Chapter 3701-17 of the Ohio Administrative Code.
(c) Residential Nursing Home. Dwelling unit size shall be governed by the requirements of the Ohio Department of Health as set forth in the applicable provisions of Chapter 3701-17 of the Ohio Administrative Code.
(Ord. 2005-95. Passed 4-4-06.)
1138.09 LANDSCAPING REGULATIONS.
The development of any lot shall be done in a manner so as to preserve the natural assets, such as brooks, valleys, trees and ravines, unless it is impossible to both preserve such assets and develop such lot. Land and buildings shall be designed, improved and maintained in accordance with the following recommendations:
(a) Grassed yards, woods or other approved natural vegetation, lakes or landscaped areas shall cover all areas not occupied by buildings, approved outdoor recreation areas or paving, and in no event shall such grassed yards, woods, natural vegetation, lakes or landscaped areas total less than thirty percent (30%) of the total site area.
(b) Visual screening shall be required for any side or rear parking area adjacent to any residential district. Such visual screening shall consist of dense plant materials, or a combination of plant materials and earth mounds, reasonably substantial and clearly sufficient to minimize the neighbors’ view of the parking area, provided such screening is recommended by the Planning and Design Commission and approved by City Council at the time of site plan approval.
(c) All improved landscaped areas shall be irrigated.
(Ord. 2005-95. Passed 4-4-06.)
1138.10 PARKING REGULATIONS.
Parking in any Senior Residence District shall be provided in accordance with the following schedule:
(a) For uses permitted under Section 1138.03(a)(1), two enclosed parking spaces shall be provided for each dwelling unit.
(b) For independent units permitted under Section 1138.03(a)(2), one parking space shall be provided for each unit plus one parking space for each employee of the largest shift.
(d) If the number of parking spaces required by this section is expected to exceed the number required by actual usage, the Planning and Design Commission may permit construction of the lesser number required by this section shall be reserved and held as open space, exclusive of required setbacks, for future construction of parking spaces if the City determines that such additional spaces are necessary to accommodate increased usage.
(Ord. 2005-95. Passed 4-4-06.)
1138.11 SIGNAGE REGULATIONS.
In a Senior Citizen Residential District, all signs shall be erected, maintained, altered or moved in accordance with the provisions of Chapter 1163.
(Ord. 2005-95. Passed 4-4-06.)
1138.12 PROCEDURES FOR SENIOR RESIDENCE DEVELOPMENT.
Subject to the requirements of this chapter, a developer shall follow the procedures and development review process described in Chapter 1126.
(Ord. 2005-95. Passed 4-4-06.)
1138.13 PHASED DEVELOPMENT.
A developer, having obtained final approval of a development site plan, may accomplish the development in progressive stages as may be approved by the Planning and Design Commission and City Council.
(Ord. 2005-95. Passed 4-4-06.)
1138.14 AMENDMENT TO PLANS.
At any time after the approval of a site plan of a senior residence development area, the owner or owners may request an amendment of their plans. The request for such amendment shall be filed with the Building Official and one copy filed with the Clerk of Council.
(a) If such amendment is in substantial agreement with the approved development area site plan, it shall be reviewed as an amendment by the Planning and Design Commission.
(b) Should such amendment represent a departure from the intent of a prior approval in terms of:
(1) Building location and arrangement;
(2) Street alignment;
(3) Intensity of use (density);
(4) Land use arrangements;
(5) Area and parking requirements; and
(6) Architectural design,
then owner or its representative shall be required to submit a new development application to the City in accordance with the requirements of Chapter 1126 of this Zoning Code, and all other applications provisions of all other City ordinances.
(Ord. 2005-95. Passed 4-4-06.)
1139.01 PURPOSE.
A. B-1: Local Business District. The Local Business District is intended as a location for convenience goods and services for residents of nearby neighborhoods. This district is characterized by narrow lots, varied setbacks and a mix of mature, smaller business uses. Allowed uses should be low intensity in nature, appropriate in scale and aesthetically compatible with the abutting residential character. Pedestrian accessibility and buffering between businesses and adjacent residential uses will be promoted.
B. B-2: Office/Service District. The Office/Service District is applied to areas in transition, primarily from residential to office and service uses. It is characterized by a mix of low to mid density residential, including single-family homes converted to office/service uses, low intensity retail and institutional uses. Street lawns with mature trees frame the street, and sidewalks and quality materials such as brick façades are common in this district. Allowed uses should be low intensity, appropriate in scale and compatible in appearance with the surrounding residential character. A mix of residential and business development will be promoted.
C. B-3: General Business District. The General Business District is intended to accommodate a range of retail and service uses serving the broader needs of the community, region and the motoring public. Large-scale retailers, auto-related businesses and similar uses not generally appropriate within other business districts are permitted. Care should be taken to incorporate sufficient buffering and screening of business uses from neighboring residential uses to ensure compatibility with adjacent uses and to minimize conflicts with traffic along abutting streets. Due to the location of the district along high traffic corridors, access management standards are critical to minimizing conflict and maintaining vehicular and pedestrian safety.
D. B-4: Mixed-use Business District. The Mixed-use Business District is established to allow for and promote redevelopment within the City's core, consistent with the recommendations of the North Olmsted Master Plan for a town center. The district is intended to be compact, walkable, relatively small scale and compatible with nearby residential neighborhoods. A variety of housing types is encouraged at moderate densities, along with some office, retail and service uses that are in harmony with the desired character of the district. Size limits are imposed to ensure that nonresidential uses remain appropriate to the district intent and that a reasonable balance of uses is ensured. Buildings are required to be located close to the right-of-way line, with parking in the side, rear or beneath the building. All uses must be linked with pedestrian connections and an interior street network.
(Ord. 2017-32. Passed 5-2-17.)
1139.02 CONFLICTS.
The requirements of this chapter shall be applied in addition to other requirements of this Zoning Code and the North Olmsted Codified Ordinances. Where a conflict exists, the more restrictive provision shall apply.
(Ord. 2017-32. Passed 5-2-17.)
1139.03 SCHEDULE OF USES.
Buildings or land shall not be used and buildings shall not be erected or altered except for the uses specified in Table 1139.03-1. Furthermore, there shall be no use of land permitted in any Business District without an approved principal structure.
A Permitted Use (P). Buildings and land in this district may be used by right, subject to all other applicable provisions of this code.
B. Conditional Use (C). Buildings and land in this district may be used provided that the general and specific conditions related to that use as found in Chapter 1118 are met.
Table 1139.03-1, Schedule of Uses | |||||
Use | B-1 | B-2 | B-3 | B-4 | Specific Conditions |
Table 1139.03-1, Schedule of Uses | |||||
Use | B-1 | B-2 | B-3 | B-4 | Specific Conditions |
Accommodations, Hospitality and Entertainment | |||||
Bars, taverns, lounges and night clubs | C | C | P | P | |
Sale and Consumption of Unregulated Psychoactive substances on premises | C | C | |||
Convention, banquet and meeting facilities | C | ||||
Hotels and motels | C | P | C | ||
Indoor commercial recreation such as movie theaters, bowling lanes and skating rinks | C | C | P | P | |
Microbreweries | C | C | C | C | |
Outdoor commercial recreation such as mini-golf and batting cages | C | C | C | 1118.09.C | |
Pool and billiard parlors | P | P | |||
Restaurants without drive-through facilities | P | P | P | P | |
Restaurants with drive-through facilities | C | P | C | ||
Automotive | |||||
Sales of new automobiles and motorcycles including accessory sales of used automobiles and motorcycles | P | P | B-4 only if fronting Lorain | ||
Sales of new and used commercial trucks, recreational vehicles, construction equipment, farm implements and similar vehicles and equipment | C | 1118.10.A | |||
Vehicle, truck, and trailer rental | C | ||||
Vehicle repair, major | C | 1118.10.B | |||
Vehicle repair, minor | C | C | C | 1118.10.B | |
Vehicle service stations | C | C | P | ||
Vehicle towing facilities | C | C | 1118.10.D | ||
Vehicle wash facilities | C | C | |||
Infrastructure, Transportation, Communications and Warehousing | |||||
Mini-warehouse/self-storage facilities | C | C | 1118.11.A | ||
Passenger bus station, repair and storage garages | C | ||||
Public utility buildings, substations and subinstallations | C | C | C | C | 1118.11.B |
Radio, television and recording studios | C | P | P | ||
Recycling collection centers | C | ||||
Transit stations | C | C | C | C | |
Public and Institutional | |||||
Clubs and lodges for fraternal organizations | P | P | P | P | |
Community centers and senior centers | P | P | P | P | |
Cultural facilities such as museums and performing arts centers | C | C | P | P | |
Day cares, nursery schools and child care establishments | P | C | P | C | 1118.12.C |
Government offices, buildings and facilities | P | P | P | P | |
Libraries | P | P | P | P | |
Parks and playgrounds | P | P | P | P | |
Places of worship | P | P | P | P | |
Colleges or universities | C | C | C | 1118.12.B | |
Recreational ballfields and playing fields accessory to non-profits, colleges and universities (excluding K-12 schools) | C | C | 1118.12.B | ||
School, commercial and studios including art, dance, martial arts and music | P | P | P | P | |
Schools, K-12 | C | C | C | 1118.12.A | |
Schools, specialized/training | C | C | C | C | |
Offices and Services | |||||
Animal services, veterinary office/clinic, animal hospital, grooming, boarding, training, day care | C | C | P | P | 1118.09.A |
Body branding, piercing and tattoo services | C | P | P | 1118.13.D | |
Dry cleaners and laundromats | P | C | P | P | |
Development and testing laboratories and facilities | C | P | P | P | |
Financial institutions and pharmacies | P | P | P | P | |
Financial institutions and pharmacies with drive-through facilities | C | C | P | C | 1118.13.D B-4 only if fronting Lorain |
General offices and services | P | P | P | P | |
General offices and service with a drive-through facility | C | C | P | C | B-4 only if fronting Lorain |
Health and fitness clubs | C | P | P | ||
Hospitals | C | C | 1118.12.E | ||
Massage Establishments | P | P | P | P | As defined in Ch. 749 and only if in compliance with regulations therein. |
Medical and dental office/clinics, micro hospitals | P | P | P | P | |
Mortuaries, crematoriums and funeral homes | C | P | P | ||
Offices and services, such as a landscaping and tree removal company, exterminator, carpet cleaner, equipment rental, contractors’ offices | P | P | P | ||
Offices and services, such as a landscaping and tree removal company, exterminator, carpet cleaner, equipment rental, contractors’ offices with outdoor storage | C | C | 1118.13.E | ||
Personal service establishments such as barber and beauty shops, tailors, photo studios, shoe repair and watch repair | P | P | P | P | |
Short-term lending establishments, check cashing, title loan companies and similar | C | C | 1118.13.B | ||
Smoke shops, hookah shops, drug paraphernalia shops and electronic cigarette shops | C | C | 1118.13.C | ||
Residential | |||||
Attached single family dwellings | P | ||||
Bed and breakfast | C | 1118.14.A | |||
Dwelling units in buildings with non-residential uses at street level | C | C | C | P | |
Group home, continuing care, nursing home | C | C | P | P | |
Multiple family dwellings | P | ||||
Senior housing | C | C | Ch. 1138 | ||
Single family dwellings existing on the adoption date of this ordinance | P | ||||
Retail | |||||
General retail less than 100,000 sq ft per business unit | P | ||||
General retail 100,000 sq ft or more per business unit | C | 1118.15.B | |||
General retail not to exceed 50,000 sq ft per business unit | P | C | |||
General retail not to exceed 5,000 sq ft per business unit | P | P | |||
Accessory outdoor display or storage | C | C | 1118.15A. | ||
Thrift Stores | C | 1118.13G. | |||
Other | |||||
Sexually oriented businesses | C | ||||
Medical marijuana dispensaries | Prohibited | ||||
Uses of the same nature or class as uses listed in Business Districts but not listed elsewhere in this code | |||||
(Ord. 2024-52. Passed 9-3-24.)
C. Supplemental Standards for Auto Dealerships. The following standards shall apply to facilities engaged in the sale of new automobiles and motorcycles including accessory sales of used automobiles and motorcycles:
1. Showrooms and lots for the sale of used motor vehicles shall be located either on a parcel of land upon which an existing showroom and/or lot for the sale of new motor vehicles is located or upon a parcel of land which is physically contiguous to a parcel of land containing an existing showroom and lot for the sale of new motor vehicles.
2. The minimum lot size shall be three (3) acres.
3. The use shall be located on an arterial street and all access to the property shall be from that arterial street as designated in Table 1161.07-1.
4. Access to the site shall not be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway or edge to edge from the nearest driveway.
5. Flags, pennants, balloons, ribbons, search lights, strings of lights or other distracting devices are not permitted.
6. Audible paging systems and outdoor speakers are prohibited. Vehicles stored on the site shall not be located by employees using audible methods such as keyless entry systems.
7. Outdoor areas shall conform to the following:
a. All vehicles shall be parked on approved paved surfaces.
b. Vehicle display or storage shall not be allowed in areas required for visitor, employee or service parking.
c. All other merchandise available for sale such as clothing, accessories, tires, collectibles, etc. shall be sold and displayed within an enclosed building.
d. Accessory service work, including vehicle washing, repair and general maintenance, shall be conducted entirely within an enclosed building.
(Ord. 2017-32. Passed 5-2-17; Ord. 2022-97. Passed 12-20-22.)
1139.04 SPATIAL REQUIREMENTS.
A. Minimum Area and Width. All lots in Business Districts shall meet the minimum area and width requirements of Table 1139.04-1. New lots shall not be created except in conformance with these requirements.
Zoning District | Minimum Lot Area | Minimum Lot Width |
B-1 Local Business | 15,000 sq. ft. | 80 ft. |
B-2 Office/Service | 25,000 sq. ft. | 100 ft. |
B-3 General Business | 30,000 sq. ft. | 100 ft. |
B-4 Mixed-use Business, single use | 30,000 sq. ft. | 100 ft. |
B-4 Mixed-use Business, multiple uses | 4 acres | 200 ft. |
B. Maximum Height and Lot Coverage. All structures shall conform to the maximum limits listed in Table 1139.04-2 with respect to height of buildings and extent of lot coverage.
Zoning District | Maximum Building Height | Maximum Impervious Surface |
B-1 Local Business | 25 ft./2 stories | 65% |
B-2 Office/Service | 35 ft./3 stories | 50% |
B-3 General Business | 60 ft./5 stories | 65% |
B-4 Mixed-use Business, single use | 35 ft./3 stories | 50% |
B-4 Mixed-use Business, multiple uses | 50 ft./4 stories | 75% |
C. Building Setback Requirements. All buildings and structures shall meet the setback requirements specified in Table 1139.04-3.
Zoning District | Front Setback | Rear Setback | Side Setback |
B-1 Local Business | Min 10 ft.; Max 65 ft. | 20 ft. | 10 ft. |
B-2 Office/Service | 50 ft. | 25 ft. | 10 ft. |
B-3 General Business | 75 ft.(primary frontage) 35 ft.(secondary frontage corner lot) | 25 ft. | 10 ft. |
B-4 Mixed-use Business, single use | Min 20 ft.(Lorain frontage), Min. 10 ft.(all other streets); Max 75 ft. | 25 ft. | 10 ft. |
B-4 Mixed-use Business, multiple uses | See Table 1139.11-2 | ||
D. Parking Setback Requirements. Parking areas may not be located within any required street lawn as described in Section 1139.05 or buffer zone as described in Section 1139.06. Except in the B-4 Mixed-use Business District where a multiple use development is proposed, parking may be located within the area between the building and the required street lawn.
(Ord. 2017-32. Passed 5-2-17.)
1139.05 STREET LAWNS (FRONT YARDS).
A. Requirement. Street lawns shall be provided along any frontage abutting a public right-of-way to improve the appearance of Business Districts in the community. Except for necessary driveways, frontage roads, service drives or walkways, a street lawn shall extend the full length of the lot line.
B. Street Lawn Standards.
1. Depth. The minimum depth of the street lawn shall be as follows:
a. B-1 Local Business District: 10 feet
b. B-2 Office/Service District: 20 feet
c. B-3 General Business District: 20 feet
d. B-4 Mixed-use Business District (single use): 20 feet or depth of building setback, whichever is less
e. B-4 Mixed-use Business District (multiple uses): entire depth of building setback
2. Plant Materials.
a. At a minimum, a required street lawn along a road shall be landscaped in accordance with the following:
i. One (1) canopy tree plus one (1) additional canopy or ornamental tree for each 75 feet, or fraction thereof, of road frontage; and
ii. Six (6) shrubs per each 50 feet, or fraction thereof, of road frontage.
b. Existing trees located within the required street lawn that are of a species provided in Appendix A shall be counted toward meeting the minimum requirements of this section provided that they are in a healthy condition as determined by the City. Other existing trees within the required street lawn may be counted toward the minimum requirements of this section if approved by the reviewing authority.
c. Healthy and viable existing trees within a proposed street lawn shall be preserved unless their removal is shown, to the satisfaction of the reviewing authority, to be infeasible due to existing site characteristics, necessary grading, location of future site improvements, the species of tree (see list of prohibited species in Appendix A) or other similar conditions that make their preservation unreasonable or undesirable. Financial hardship or development expediency shall not be considered valid rationale for such tree removal.
d. If berms are appropriately incorporated into the street lawn, the reviewing authority may reduce the required quantities of plant material by up to one-third (1/3).
e. If existing conditions are such that a lot cannot accommodate the street lawn standards above, the reviewing authority may modify the landscape requirements where it is determined that the purpose of the street lawn will still be achieved.
3. Street Lawn Design.
a. Street lawn landscaping need not be evenly spaced. Clustering of trees and planting beds is encouraged to provide a more aesthetic and natural appearance.
b. Landscaping shall be located so it does not obstruct the vision of drivers entering or exiting a site.
c. Storm water management facilities may only be located within a required street lawn if the reviewing authority determines that such areas will enhance the appearance of the street lawn and will not jeopardize either the survival of plant material or public safety.
(Ord. 2017-32. Passed 5-2-17.)
(Ord. 2017-32. Passed 5-2-17.)
1139.06 BUFFER ZONES (SIDE AND REAR YARDS).
A. Requirement. Landscaping shall be provided to buffer the negative impacts between incompatible land uses, to minimize the adverse effects of certain activities upon their surroundings and to improve the appearance of Business Districts within the community.
Figure 1139.06-1, Buffer Zones
 |
1. A buffer zone shall be required even where the adjacent property is unimproved.
2. Prior to changing the use of a property to a more intense land use (for example, residential to commercial), or when a property is rezoned to a more intense district, a buffer zone meeting the applicable requirements of this section shall be installed.
3. All areas of the buffer zone outside of planting beds shall be planted with grass or other living ground cover or preserved in a natural wooded state.
4. Storm water management facilities may be located within a required buffer zone provided they do not reduce the screening effect.
Zoning District | Buffers Required Adjacent To: | ||||
One or Two Family Residence | Multiple Residence | Residential Cluster | Senior Residence | All Other Districts | |
B-1 Local Business | B | C | B | B | D |
B-2 Office/ Service | B | C | B | B | D |
B-3 General Business | A | A | A | A | D |
B-4 Mixed-use Business, single use | A | B | B | B | D |
B-4 Mixed-use Business, multiple uses | Perimeter and interior buffers shall be established as part of the development plan review process | ||||
C. Buffer Zone Exceptions. A buffer zone shall not apply where the reviewing authority determines that existing natural conditions are such that a lot cannot reasonably accommodate a required buffer or where existing natural conditions on the lot act as a buffer. Alternately, where the reviewing authority determines that a vegetative buffer is inappropriate for a lot, they may approve the installation of a fence or wall to meet the buffer requirements. The following factors shall be considered when evaluating any request for exception:
1. Physical characteristics of the site and surrounding area such as topography, vegetation, water features, etc;
2. Views and noise levels;
3. Proximity or potential proximity to residential uses;
4. Building and parking lot placement; and
5. Location of outdoor storage, display or sales areas.
(Ord. 2017-32. Passed 5-2-17.)
1139.07 SCREENING.
A. Requirement. Screening shall be required as follows, except as may be provided elsewhere in this chapter. Screening shall be required even where the adjacent property is unimproved.
1. Around all trash dumpsters in all districts.
2. Around designated outdoor storage areas.
3. Around any loading/unloading area visible from an adjoining street or parking area.
4. Around heating and cooling units for all non-residential uses.
5. Around essential public services and related accessory structures.
B. Screening Standards. Except as otherwise permitted by this section, a required screen shall be comprised of a solid, sight-obscuring fence or wall meeting the requirements in Chapter 1369 of the Code and also the following minimum specifications:
1. The screen shall be at least six (6) feet in height.
2. The screen shall be enclosed on all sides and not contain any openings other than a gate for access which shall be closed at all times when not in use. This full enclosure requirement, however, shall not apply to screening of loading/unloading areas.
3. The screen shall be constructed of masonry, treated wood or other approved material determined to be durable, weather resistant, rust proof and easily maintained. Chain link, split rail, and metal fences shall not be permitted to meet the screening requirement.
4. When a screen wall or fence has both a finished side and an unfinished side, the finished side shall face the adjoining property or, if on the interior of the site, shall face outward toward the perimeter of the site.
5. If approved, the required screen may be comprised of berms or plant material, in combination with or as a substitute for a fence or wall when it is determined that the alternate solution will provide the same degree or better of opacity and screening required by this section.
C. Screening Exceptions. If existing conditions are such that a lot cannot accommodate the screening standards above, the reviewing authority may modify the screening requirements based on the following factors:
1. Proximity or potential proximity of residential uses;
2. Sight lines from parking areas, adjacent properties or roadways;
3. Noise levels generated by the facility to be screened; and
4. Physical characteristics of the site and surrounding area such as topography and vegetation that may mitigate the need for screening.
(Ord. 2017-32. Passed 5-2-17.)
1139.08 BERMS.
A. Berms shall have a minimum height of three (3) feet and maximum height of six (6) feet above grade. The crest shall gently curve with a level crown at least two (2) feet wide.
B. Berms shall be constructed so as to maintain a side slope not to exceed a one (1) foot rise to a three (3) foot run ratio. When topography or other site conditions prevent construction of berms at this ratio, the reviewing authority may permit retaining walls or terracing. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.
C. Berms shall be designed to vary in height and shape to create a more natural appearance. Berm areas not containing planting beds shall be covered with grass or other living ground cover maintained in a healthy condition.
D. Required plant material shall be placed on the top and side slope facing the adjacent property.
(Ord. 2017-32. Passed 5-2-17.)
1139.09 PLANT MATERIALS.
All required buffers, screens, berms and street lawns shall comply with the following standards in addition to all other applicable requirements of this section:
A. All plant materials shall be hardy to Cuyahoga County and free of disease and insects. Acceptable trees may be selected from the list of desirable species in Appendix A or as approved by the reviewing authority.
B. Landscaped areas shall be maintained in a neat, healthy and orderly condition following accepted horticultural practices. Withered, dying and/or dead plants and trees shall be replaced within a reasonable period of time, but not longer than one (1) growing season.
C. Artificial plant material shall not be used within any required landscaped area. This shall not preclude the use of stone, shredded bark, wood chips, pine needles or similar accent materials within planting beds.
D. All plant material, screens and berms shall be installed in such a manner so as not to alter drainage patterns on the site or adjacent properties or to obstruct vision for safety of ingress or egress.
E. All plant material shall be planted in a manner so as to not cause damage to utility lines (above and below ground) and public roadways.
F. Existing plant material which complies with the standards and intent of this ordinance and the provisions of this section may be credited toward meeting the landscape requirements. Scrub, dying, diseased or prohibited (per Appendix A) trees and shrubs shall be removed and shall not be counted toward any requirement of this section.
G. The overall landscape plan shall not contain more than 33% of any one plant species, unless determined to be appropriate by the reviewing authority.
H. Plant material shall conform to the standards found in the American Standard for Nursery Stock (ANSI Z60.1 - 2014) published by AmericanHort and conform to the minimum plant sizes at time of planting listed in Table 1139.09-1, unless a greater requirement is specified elsewhere in this ordinance. Larger sizes may be required by the reviewing authority, if determined to be necessary to maintain a natural appearance and achieve the intended purpose of the buffer, street lawn or screen based on the size of the development, its location and/or the character of the surrounding area.
I. All improved landscaped areas shall be serviced by an irrigation system. Plans for such irrigation system shall be reviewed by and subject to the recommendations of the Planning and Design Commission as to irrigation sufficiency.
J. Landscaping shall be installed prior to issuance of a Certificate of Occupancy, unless the owner demonstrates that unforeseen circumstances beyond his/her control prevented the installation. In such case, the Building Commissioner may issue a conditional Certificate of Occupancy provided that a specific time limit, not to exceed 120 days, is established for completing the landscaping.
(Ord. 2017-32. Passed 5-2-17.)
(Ord. 2017-32. Passed 5-2-17.)
1139.10 BUILDING MATERIALS.
A. Applicability. The requirements of this section apply to all Business Districts where there is construction of new non-residential buildings or where there is substantial improvement proposed to existing non-residential buildings.
B. Materials. All non-residential buildings shall be composed of high quality materials and, at a minimum, shall be comprised of 75% of the following: brick, stone (natural or cultured), architectural pre-cast concrete, glass, high-density stratified wood board, fiber reinforced concrete panels, stucco, or architectural metal panels. Up to 25% of the building may be comprised of the following: split face block, scored block, exterior insulation finish system (EIFS), wood, vinyl, metal and other similar quality materials. If EIFS is used, it shall not be within 36 inches of grade nor used in entryways or other high activity pedestrian or service areas. Plain concrete block, smooth-faced tilt-up concrete panels and wood sheet goods shall not be permitted. Building material requirements may only be modified with the recommendation of the Planning and Design Commission and approval by City Council.
C. Massing. The articulation of a building shall reduce its perceived overall length and width by dividing the building into smaller masses. The internal function of the building shall provide the rationale for the division of massing. The overall mass of a building shall be reduced by incorporating building undulations of clearly pronounced recesses and projections, wall relief, colonnades, pilasters, piers, fenestration patterns or other techniques as approved by the Planning and Design Commission and City Council. The articulation of a building shall reduce its perceived height by dividing the building into smaller scale elements to provide a "human scale" based on its location. The building design shall incorporate a distinct base, middle and top. Features to clearly define the top of a structure may be accomplished via a defined parapet or cornice elements; distinct eaves; corbeled brick, masonry or stone; architectural roof forms and other elements as approved by the Planning and Design Commission and City Council. Each building shall have a clear, highly visible customer entrance(s) defining the major entry points to the building.
D. Mechanical Screening. Buildings shall have architectural features to fully conceal rooftop equipment, such as HVAC units, exhaust, vents, transformers, roof access, etc. from public view.
(Ord. 2017-32. Passed 5-2-17.)
1139.11 STANDARDS FOR B-4 MIXED-USE BUSINESS DEVELOPMENTS.
A. Applicability. This section applies to all properties within the B-4 District redeveloped and incorporated into an approved mixed-use (multiple use) development.
B. Qualifying Conditions. A mixed-use development established within the B-4 District shall satisfy the following minimum requirements:
1. The development site shall be no less than four (4) acres which may include a combination of existing contiguous lots or parcels; provided, the entire site is under single control and developed as an integral project.
2. The mixed-use development shall contain both residential and non-residential uses.
3. At least 20% but not more than 35% of the site area shall be devoted to non-residential uses.
4. The mixed-use development shall result in a project that meets the review criteria of Section 1126.07.B.
C. Streets and Blocks. An interconnected street network with limited block size promotes walkability. It also enables the B-4 District to complement the nearby residential neighborhoods through a fine-grained development approach, sensitive to the context.
1. Connectivity of the internal street grid is required. Wherever possible, streets shall also connect to existing and planned City streets outside of the district.
2. No block face shall have a length greater than 300 feet without an alley, common drive or pedestrian pathway providing through-access to another street, alley or service drive.
3. Mixed-use developments shall be designed as an integrated part of the surrounding community and not as an isolated development.
D. Building Design. Mixed-use developments require special attention to building design because of the relationship of multiple land uses in close proximity.
1. All primary non-residential buildings shall be street oriented, with a functioning primary entrance, and a percentage of the building façade, as required in Table 1139.11-2, placed at the required build-to line or within the required build-to zone.
2. The mixed-use development shall be designed to provide an appropriate interrelationship between the various uses and structures within the development through the use of complementary materials, unified streetscape treatment, buffering, connectivity for vehicular and pedestrian movement, building orientation, parking location and height transition.
3. Structures shall provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Structures shall have consistent scale and massing to create a unified project. Compatibility with the immediate context is required. However, gradual transitions in scale and massing are permitted.
a. Blank walls shall be avoided by including ground floor windows, recesses, extensions and breaks in roof elevation.
b. Design shall provide differentiation between ground level spaces and upper stories. For example, bays or balconies for upper levels and awnings, canopies or other similar treatments for lower levels can provide differentiation. Variation in building materials, trim, paint, ornamentation, windows or other features such as public art may also be used.
c. Design shall ensure privacy in residential areas through effective window placement, soundproofing, landscape screening or orientation of outdoor living areas (e.g., balconies, porches and patios). Opposite facing windows at close distances should be offset vertically or horizontally, or employ appropriate materials (e.g., glazed or tinted) to protect privacy.
E. Height. Minimum building and floor heights are established to create a consistent character of scale and massing within the district.
F. Siting.
1. Principal building façades shall be located at the required build-to line, if fronting on Lorain Road, or within the required build-to zone for all other streets. The build-to zone is the prescribed area within which the front building façade must be placed. Interior side and rear setbacks for residential uses shall be established as part of the mixed-use development plan review process.
2. The façade shall be built within the build-to zone within 20 feet of a block corner, unless otherwise specified.
Figure 1139.11-1, Build-To Zones and Lines
 |
3. Developments shall provide a private open space area of at least 15% of the total site area for customers, residents and tenants of buildings. Private open areas may include plazas, courtyards, rooftop gardens and balconies, in addition to landscaped open spaces. If used to achieve private open area requirements, balconies shall have minimum dimensions of eight (8) feet wide and five (5) feet deep.
4. No structure or building element shall encroach into or otherwise impede the clear sidewalk area or right-of-way. For appropriate commerce and retail uses, temporary displays or cafe seating may be placed between the right-of-way or sidewalk and the front façade.
5. Vehicle parking shall be located behind the building setback line, except where parking is provided below grade or on street.
Building Siting | Requirement |
Build-To Line for all lots fronting on Lorain Road | 20 feet |
Build-To Zone for all lots fronting on other streets | 10 feet to 20 feet |
Minimum Façade at front setback - Primary Frontage | 65% |
Minimum Façade at front setback - Secondary Frontage | 25% |
Minimum Side Setback | 5 feet |
Minimum Rear Setback | 20 feet |
G. Non-Residential Elements.
1. Fenestration for non-residential buildings is regulated as a percentage of the façade between floor levels. Fenestration is measured as glass area (including mullions, muntins and similar window frame elements with a dimension less than one (1) inch) and/or open area.
2. At least one (1) functioning entry door shall be provided along each ground story façade facing a street or parking area. The maximum distance between functioning façade entrances prescribed in Table 1139.11-3 shall not be exceeded.
3. In no case shall a garage door be located at or face the street line.
4. No privacy fences may be constructed forward of the primary building façade.
H. Retail Use. Second story retail is limited to extensions of first floor uses.
I. Residential Use.
1. Maximum residential density is 12 units per acre.
2. Housing diversity shall be required. To the extent feasible, at least two (2) different residential types (attached, multiple family, live/work, or two family) with a range of sizes shall be incorporated into the development.
3. Permitted flexibility in lot sizes, setbacks, street widths and landscaping shall result in a more livable development, preservation of natural features and creation of open space consistent with the policies of the Master Plan and this Zoning Code.
J. Walkability and Development Concentration
1. Uses are concentrated to promote convenient pedestrian access, and pedestrian circulation is clearly defined and connects all uses.
2. Bicycle and pedestrian access are provided internally and to adjacent developments.
3. Sidewalks are provided on each side of rights-of-way or private streets throughout the development.
4. Strip commercial development characterized by single story uncoordinated, unconnected buildings with large street frontage parking lots is specifically prohibited. Strip malls with uncoordinated, unconnected out parcels are prohibited. All structures shall be fully integrated into the mixed-use project through common design themes (including, but not limited to, lighting, benches, landscaping and other decorative features but not necessarily building design), integration with a variety of uses, nonlinear arrangement, common spaces, pedestrian walkways, vehicular access connections and other features.
5. Plazas, courtyards and other common areas are provided for public gathering and interaction. Amenities, such as benches, planters, lighting, fountains, art and landscaping that further the design theme of the project and encourage interaction shall be provided.
(Ord. 2017-32. Passed 5-2-17.)
1139.12 SITE DEVELOPMENT REQUIREMENTS.
In addition to the requirements of this chapter, all development in business districts shall meet the applicable requirements as listed elsewhere in this ordinance:
(Ord. 2017-32. Passed 5-2-17.)
1139.13 PHASED DEVELOPMENT.
A developer, having obtained final approval of a development site plan or contemporaneously with such approval, may accomplish the development in progressive stages subject to such terms and conditions as may be established by the Planning and Design Commission and City Council.
(Ord. 2022-26. Passed 7-5-22.)
1140.01 INTENT.
Public Facilities Districts and their regulations are established herein in order to achieve, among others, the following purposes:
(a) To provide proper zoning classifications for governmental, civic, health, welfare, educational, and recreational facilities in proper locations and to an extent so as to promote the general health, safety, convenience, comfort, and welfare of residents and visitors of the City;
(b) To protect adjacent residential, commercial, and semi-public areas by regulating the bulk and spacing of public facilities, particularly at common boundaries;
(c) To protect and improve property values;
(d) To protect public and semipublic facilities from encroachment by other uses;
(e) To assure that public and semipublic uses shall be compatible with adjoining residential uses;
(f) To maintain the aesthetic appearance of the City, including, but not limited to, its residential character, unobstructed open spaces, and attractive commercial and office/industrial areas;
(g) To alert the public to the location of parcels either intended for or currently being used for public facilities;
(h) To promote the most desirable land use and traffic patterns in accordance with the City's Planning and Development Program.
(Ord. 99-139. Passed 1-4-00.)
1140.02 PREEMPTION.
(a) Where applicable, the regulations governing the Public Facilities Overlay District shall control and supersede wherever inconsistent with any other portion or provision of the Zoning Code.
(b) If no inconsistency exists between the provisions of the Overlay District and the underlying Zoning District, the underlying Zoning District regulations shall remain in full force and effect and shall regulate all land use and development.
(Ord. 99-139. Passed 1-4-00.)
1140.03 PERMITTED USES.
In a Public Facilities Overlay District, in addition to uses permitted in the underlying zoning district, buildings and land may be used, and buildings may be designed, erected, moved, altered, or maintained in accordance with the following:
(a) Main Buildings and Uses.
(1) Governmental, including Federal, State, County, and municipal administrative offices, town halls, post offices, and police and fire stations;
(2) Civic, including public zoos, public libraries, museums, art or sculpture galleries, observatories, places for public assembly, monuments, memorials, cemeteries, and fairgrounds;
(3) Educational, including nursery, primary and secondary schools, day care centers, and institutions of higher education;
(4) Recreational, including parks, sports fields, playgrounds, lakes, beaches, pools, public gardens, and golf courses;
(5) Transportation, including airports, heliports, train stations, intercity and intracity bus stations and garages, and automobile and/or vehicular parking facilities;
(6) Welfare, including hospitals, clinics, health centers, trauma centers, child care centers, day care centers, nursing homes, and elder care facilities.
(b) Accessory Buildings and Uses.
(1) Public parking areas;
(2) Storage garages;
(3) Residences for custodial and maintenance personnel;
(4) Maintenance and heating facilities.
(Ord. 99-139. Passed 1-4-00.)
1140.04 HEIGHT REGULATIONS.
In a Public Facilities Overlay District, the maximum height for buildings shall be two (2) stories or twenty-four (24) feet.
(Ord. 99-139. Passed 1-4-00.)
1140.05 AREA REGULATIONS.
The parcel of land to be developed for a public facility use shall be sufficiently large in area to provide a proper setting for the development so that the main and accessory buildings shall not occupy more than twenty percent (20 %) of the parcel, and accommodate the off-street parking and other accessory uses without impairing the character of the neighborhood or the enjoyment or use of adjoining properties.
(Ord. 99-139. Passed 1-4-00.)
1140.06 YARD REGULATIONS.
(a) Setback. The setback from any adjacent street or public way shall not be less than seventy-five (75) feet when adjacent to any residential district, and shall not be less than the required front yard setback for any other adjacent nonresidential district.
(b) Side and Rear Yards.
(1) Side yards shall not be less than fifty (50) feet wide, measured from the closest point of the building to any side line at an angle perpendicular to the side line, and rear yards shall not be less than seventy-five (75) feet, measured from the closest point of the building to the rear line at an angle perpendicular to the rear line.
(2) In no case shall the side and rear yards for any building be less than twice the height of such building.
(3) In addition to the requirements in (1) and (2), primary and secondary schools, general hospitals and clinics, and recreational and transportation buildings shall have a side yard no less than seventy-five (75) feet wide, and a rear yard no less than one hundred (100) feet wide.
(c) Accessory Uses. Driveways and parking areas serving the public facility may be located within the side or rear yard set forth in subsection (b), but parking areas shall not be located less than twenty (20) feet, nor driveways and play areas less than fifty (50) feet from any adjacent lot line.
(d) Yards Adjacent to Nonresidential Districts. Side and rear yards for main and accessory buildings and uses adjacent to nonresidential districts shall not be less than the side and rear yard setbacks for that particular district.
(e) Landscaped Area. Around the perimeter of every Public Facilities Overlay District parcel, there shall be a landscaped buffer upon which no building, structure, drive, roadway, or parking area shall be permitted. These buffers shall not be less than twenty-five (25) feet from the front and rear lot lines, nor less than twenty (20) feet from the side lot lines, and may exclude driveways that are reasonably necessary for access to dedicated roadways. In addition, the Planning and Design Commission may require the construction or erection of landscaping, fencing, or other materials used to buffer against the transmission of sound and light into adjacent lots.
(Ord. 99-139. Passed 1-4-00.)
1140.07 SIGNAGE.
Signs in Public Facilities Districts shall be designed and maintained in conformity with Chapter 1163 of this Planning and Zoning Code.
(Ord. 99-139. Passed 1-4-00.)
1141.01 INTENT.
Office Building Districts and their regulations are established herein in order to achieve, among others, the following purposes:
(a) To provide a zoning district devoted exclusively to professional, financial, administrative and management services of residential, commercial and industrial facilities; and semipublic institutions;
(b) To protect adjacent residential areas by regulating the bulk and spacing of office uses, particularly at common boundaries; and
(c) To promote the most desirable land use and traffic patterns in accordance with the objectives of the City's Planning and Development Program.
(Ord. 90-125. Passed 5-21-91.)
1141.02 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Office Building Districts, only for the uses set forth in the following schedules and regulations.
(a) Main Buildings and Uses Permitted. Office buildings and offices, including professional, financial, governmental, public utility, executive, administrative, and sales offices, provided that only samples are displayed or stored on the lot and that no goods are distributed therefrom.
(b) Similar Main Uses Permitted. Any other office use not listed above or in any present or subsequent use classification and determined by the Planning and Design Commission and Building and Zoning Board of Appeals to be similar to the uses set forth in subsection (a) hereof in accordance with the provisions of Section 1123.10.
(c) Accessory Uses Permitted. Any accessory use which is incidental to the main uses, provided that it is planned and developed integrally with the main building and that it has no injurious effect on adjoining use districts, such as:
(1) Off-street parking areas and loading areas for employees and customers as required in Chapter 1161;
(2) Maintenance and storage facilities;
(3) Employee lunchrooms and physical fitness facilities; and
(4) Signs, including identification, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1163.
(Ord. 90-125. Passed 5-21-91; Ord. 2016-36. Passed 8-2-16.)
1141.03 LAND COVERAGE; MINIMUM LANDSCAPING WITHIN PARKING AREA.
(a) In any Office Building District, notwithstanding any other provision of this Zoning Code, the land area occupied by main and accessory buildings shall not exceed thirty-five percent (35%) of the total area of the parcel being developed.
(b) In any Office Building District, notwithstanding any other provision of this Zoning Code, at least ten percent (10%) of any designated parking area or areas shall be improved with landscape plantings.
(Ord. 90-125. Passed 5-21-91.)
1141.04 LOT WIDTH.
In any Office Building District, a minimum lot width of 200 feet shall be provided for each individual office building use or group or cluster of office buildings developed as a single entity.
(Ord. 90-125. Passed 5-21-91.)
1141.05 ACCESS.
In all Office Building Districts, land shall abut a dedicated street for the required lot width and all vehicular access to the office building development must be on land zoned Office Building.
Individual office buildings may be arranged in groups or clusters provided that:
(a) Each office building is accessible by means of an individual or common private drive to service, emergency and public safety vehicles in a manner acceptable to the City Engineer and Fire Prevention Officer;
(b) The method of construction and materials for private drives meet accepted engineering practice and are approved by the City Engineer; and
(c) The location, design and construction of all utilities on private or common land are approved by the Engineer.
(Ord. 90-125. Passed 5-21-91.)
1141.06 YARD REGULATIONS.
In all Office Building Districts, buildings shall be designed, erected, altered, moved or maintained, in whole or in part, only in accordance with the following schedule and regulations:
Table 1141.06-1, Yard Regulations | |||||
Front Yard Setback | Side Yard Setback | Rear Yard Setback | |||
Main and Accessory Building and Use | Distance from Street ROW | Abutting Residential District | Abutting Non- Residential District | Abutting Residential District | Abutting Non- Residential District |
Office Building and Parking Garage | 100 ft | 100 ft | 25 ft | 100 ft | 25 ft |
Parking Areas and Drives | 20 ft | 50 ft | 10 ft | 50 ft | 10 ft |
Each building constructed within an Office Building District which abuts a residential district shall be located the following minimum distance from such residential lot line:
For each one foot of building height, four feet distance from each such lot line, or part of lot line; provided, however, that in applying this formula, no property owner shall be required to locate any building more than 175 feet from any such lot line.
The Planning and Design Commission may, however, vary the building distance requirements of this section, if it determines that the requirements create an economic or architectural hardship for a developer and if the Commission further determines that no harm will be caused to adjoining residential properties as a result of varying these requirements.
(Ord. 90-125. Passed 5-21-91.)
1141.07 SUPPLEMENTARY YARD REGULATIONS.
Yards may be used for off-street parking, loading, traffic circulation, illumination, landscaping and signs as regulated in other sections of the Zoning Code.
(a) Front Yards. Front yards for buildings and uses shall not be less than established in Section 1141.06 and no structures shall be erected in front of such line unless shown otherwise on the Zone Map or specifically modified in supplementary regulations. If parking is permitted in front yards, a concrete curb shall be erected along the parking area and the yard between such curb and the public right-of-way shall be landscaped and maintained attractively.
(b) Side Yard on Corner Lots. Whenever an office building is located on a corner lot, the width of the side yard on the side street shall be not less than seventy-five feet for major arterial streets, fifty feet for collector streets and thirty-five feet for local collector and local streets. On a corner lot, parking shall be set back at least twenty feet from the side street right-of-way.
(c) Yard Screening and Landscaping. Whenever an office building is located on a lot which adjoins a Residential District, a side and/or rear yard of not less than that set forth in Section 1141.06 shall be provided on the office building lot. A fifty foot wide area buffer within any such rear or side yard, running parallel with adjoining residential lot lines, shall further be required and this fifty foot shall be landscaped and maintained in such a way as to provide a visual and noise barrier for the adjoining residential property. The Planning and Design Commission may, however, vary the width requirement of this required buffer area, if the depth or configuration of a lot renders the strict compliance with this provision impractical.
Visual screening, such as earth mounding or walls or fences or landscape planting, shall be a required site improvement element for any office building use adjacent to any Residential District. The type and arrangement of such screening shall be as approved by the Commission.
A minimum of ten percent (10%) of the area of all offstreet parking areas shall be allocated to landscape improvements.
(Ord. 90-125. Passed 5-21-91.)
1141.08 HEIGHT REGULATIONS.
The height of any main or accessory building in an Office Building District shall not exceed fifty feet. Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided that such mechanical space is set back a minimum of twenty-five feet from any exterior wall, does not exceed ten feet in height and is adequately screened from view, and provided, further, that such space and screening are approved by the Planning and Design Commission.
(Ord. 90-125. Passed 5-21-91.)
1141.09 DEVELOPMENT PLANS.
Site development plans shall be prepared by the developer for all proposed developments in any Office Building District and shall be submitted to the Building Official in accordance with the provisions of Chapter 1126.
(Ord. 90-125. Passed 5-21-91.)
1141.10 SIGN REGULATIONS.
Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in Chapter 1163.
(Ord. 90-125. Passed 5-21-91.)
1141.11 PARKING AND LOADING REQUIREMENTS.
Parking and loading in any Office Building District shall be in accordance with the regulations set forth in Chapter 1161.
(Ord. 90-125. Passed 5-21-91.)
1142.01 INTENT.
The Residential Office District has been established to provide areas in which a mixture of residential uses, small-scale office and professional service establishments may occur. It is intended that this district be used to act as a transition between established residential neighborhoods and non-residential uses. It is also intended that the appearance, scale and density of such areas be residential in nature and the conduct of permitted uses not create or generate traffic or noise detrimental to adjoining neighborhoods.
(Ord. 2006-135. Passed 10-17-06.)
1142.02 PERMITTED USES.
In a Residential Office District, land may be used and buildings or structures may be designed, built, altered or used for only the following permitted uses:
(a) Residential Uses.
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Home professional office and home occupations operated in accordance with the provisions of Section 1135.02(a) and (b).
(b) Public and Semi-Public Uses.
(1) Governmental buildings and uses for administrative functions and use by the general public.
(2) Public parks and playgrounds.
(c) Office Uses.
(1) Offices for professional services, such as physicians, dentists, lawyers, architects, engineers and similar professions.
(2) Administrative and business offices not carrying on retail trade with the public and having no stock of goods maintained for sale to customers, including but not limited to:
A. Brokers and dealers in securities and investments, not including commercial banks and savings institutions.
B. Insurance agents and brokers.
C. Real estate sales and associated services.
(3) Studios for artists, designers, writers, photographers, sculptors or musicians.
(4) Similar uses as determined by the Planning and Design Commission and approved by City Council.
(Ord. 2006-135. Passed 10-17-06.)
1142.03 ACCESSORY USES.
In a Residential Office District, the following accessory uses and buildings are permitted provided that no accessory building may be erected prior to the construction of a permitted building:
(b) Parking lots which are accessory to public, semi-public or office uses.
(c) Storage buildings accessory to public, semi-public or office uses.
(Ord. 2006-135. Passed 10-17-06.)
1142.04 CONDITIONAL USES.
In a Residential Office District, land may be used and buildings or structures may be designed, built, altered or used for the following conditional uses, if a conditional use permit is issued in accordance with the provisions of this chapter and Chapter 1118:
(a) Bed and breakfast establishments.
(b) Primary and secondary public, private or parochial schools.
(c) Hospitals, health centers, nursing homes, and group homes.
(d) Day care facilities.
(e) Places of worship, libraries, museums, places for public assembly, memorials, monuments, cemeteries, fraternal organizations and clubs.
(f) Public utility facilities and structures.
(g) More than one permitted main building on a lot.
(h) Public, semi-public or office uses within a major subdivision.
(Ord. 2006-135. Passed 10-17-06.)
1142.05 AREA REGULATIONS.
In a Residential Office District, buildings shall be designed, erected, altered, moved or maintained, in whole or in part, only in accordance with the following schedule and regulations:
Table 1142.05-1, Area Regulations | |||
Single-Family Dwelling | Two-Family Dwelling | All Other Uses | |
Minimum Lot Size | 13,200 square feet | 14,700 square feet | 40,000 square feet |
Minimum Lot Width | 80 feet | 80 feet | 100 feet |
Minimum Front Yard | 50 feet | 50 feet | 50 feet |
Minimum Side Yard | 10 feet | 10 feet | 25 feet – building 15 feet – parking area |
Minimum Rear Yard | 50 feet | 50 feet | 50 feet – building 20 feet – parking area |
Maximum Building Height | 35 feet above grade | 35 feet above grade | 35 feet above grade |
Maximum Lot Coverage | 25% by the main use | 25% by the main use | 30% by the main use |
Minimum Floor Area | None | ||
(Ord. 2006-135. Passed 10-17-06.)
1142.06 DEVELOPMENT STANDARDS.
(a) Appearance. Construction of a new structure, or an addition to an existing structure, shall have the appearance of a residential dwelling and shall be designed to a residential scale and proportion through the use of construction materials and other design elements, as determined by the Planning and Design Commission. The following examples, which are not intended to be an exhaustive list, illustrate architectural features which define a residential dwelling for the purposes of construction within this district:
(1) Natural construction materials consistent with quality residential construction, such as brick and stone.
(2) Roof lines with vertical elements such as chimneys, dormers, and gables to reduce the visual mass of the roof.
(3) Windows with mullions, double-paned, and of residential quality.
(4) Six-paneled doors, preferably wood and not glass.
(5) Features such as porches, entryways, and residential-style landscaping.
(b) Traffic. Any and all buildings used for non-residential purposes shall front onto or have access from a collector or arterial street.
(c) Storage. Storage of any materials and equipment shall be within an enclosed building.
(d) Nuisance. Non-residential buildings and other structures shall be constructed and/or located, and outdoor uses shall be limited, so as to minimize the possibility that noise, smoke, electrical interference, odor, glare, or any other substance or effect directly related to or resulting from a permitted use, will create a nuisance condition upon adjacent or nearby residential properties. For purposes of this provision, a nuisance condition exists when noise, odor, lighting or such other substance or effect directly related to or resulting from a permitted use endangers another's life or health, or unreasonably limits or interferes with another's quiet and peaceful enjoyment of his or her property. (Ord. 2006-135. Passed 10-17-06.)
1142.07 LANDSCAPING AND SCREENING REGULATIONS.
(a) Open Space Required. A minimum of twenty percent (20%) of the gross area of the lot shall be preserved as open space and/or improved with landscaping. To the greatest extent possible, development plans shall take into account preservation of existing trees and vegetation.
(b) Screening Required. Screening is required around any parking or loading area accessory to a non-residential use or in any side or rear yard of a non-residential use adjacent to a residential district boundary.
(1) Purposes for screening. Screening shall be provided for one or more of the following purposes:
A. A visual barrier to partially or completely obstruct the view of structures or activities in order to minimize or prevent nuisances.
B. As an acoustic screen to aid in absorbing or deflecting noise.
C. For the containment of ambient debris and litter.
(2) Types of screening permitted. Screening may be one of the following:
A. Dense evergreen plantings.
B. Landscaped mound with ground cover, with a maximum slope of 3:1.
C. A solid brick or stone wall, a minimum of six feet and maximum of eight feet in height.
D. A solid decorative fence, a minimum of six feet and maximum of eight feet in height.
(3) Sufficiency of screening. Screening shall have a minimum height of six feet and be of sufficient density or opaqueness as determined by the Planning and Design Commission to accomplish the above stated purposes.
(c) Landscape Irrigation Required. For all non-residential uses, irrigation shall be provided for improved landscape areas. The Planning and Design Commission shall determine the sufficiency of any proposed irrigation system.
(Ord. 2006-135. Passed 10-17-06.)
1142.08 PARKING AND LOADING REGULATIONS.
(a) Parking and loading in a Residential Office District shall be in accordance with regulations set forth in Chapter 1161 and this chapter.
(b) To the greatest extent possible, parking areas for non-residential uses shall be located to the rear of any building in this district and as far as possible from residential property lines. In no case shall parking areas be located in the front yard.
(c) Screening shall be required around any parking or loading area for any non- residential use, as described in Section 1142.07(b).
(Ord. 2006-135. Passed 10-17-06.)
1142.09 LIGHTING REGULATIONS.
Lighting in a Residential Office District shall be in accordance with regulations approved by the Planning and Design Commission.
(Ord. 2006-135. Passed 10-17-06.)
1142.10 SIGN REGULATIONS.
Signage in a Residential Office District shall be in accordance with regulations set forth in Chapter 1163. (Ord. 2006-135. Passed 10-17-06.)
1142.11 DEVELOPMENT PROCEDURES.
Preliminary and final site development plans shall be prepared by the developer and reviewed by the City for all proposed development in a Residential Office District in accordance with the procedures described in Chapter 1126 for non-residential uses.
(Ord. 2006-135. Passed 10-17-06.)
1142.12 PHASED DEVELOPMENT.
Phased developments may occur when constructing one or more main buildings on a lot, or an adjoining lot if part of a total development, provided a conditional use permit is granted by the Planning and Design Commission and Council, and so long as no more than one calendar year passes from the completion of one building to the commencement of construction of the next building.
(Ord. 2006-135. Passed 10-17-06.)
1145.01 PURPOSE.
The Limited Industry District is established to achieve the following purposes:
A. To provide a location for light industrial activities in proximity to the interstate highway system so as to be accessible to a large labor force and consumers throughout the region;
B. To provide convenient and sufficient districts for light industrial activities in order to promote economic development of the community; and
C. To protect nearby residential areas by restricting the types of uses permitted, providing for buffering, and establishing performance standards so as to prohibit otherwise objectionable influences as much as possible. (Ord. 2017-76. Passed 2-20-18.)
1145.02 USES PERMITTED.
The following shall be permitted in a Limited Industry District:
A. Office Buildings. Offices include professional, financial, governmental, public utility, administrative and sales. Medical offices are not permitted.
B. Research Laboratories. Research laboratories include experimental, research and testing, and all types of basic and applied research of product design and development.
C. Metal Production. Metal production includes metal cutting, stamping, electric, gas and ultrasonic welding, grinding, machining and finishing, only in the production and/or assembly of products such as:
1. Automotive and aircraft parts;
2. Electrical and electronic equipment and motors;
3. Electrical appliances;
4. Hardware, cutlery and kitchen utensils;
5. Musical and scientific equipment;
6. Medical, orthopedic and photographic instruments and equipment;
7. Sheet metal components, heating and ventilation ductwork, gutters and downspouts;
8. Sporting goods and athletic equipment; and
9. Plumbing supplies.
D. Nonmetal Production. Nonmetal production includes:
1. Clothing, garment manufacturing and other textile products;
2. Pharmaceutical products;
3. Manufacture and fabrication of plastic products, extrusion, molding and fabrication of panels, sheets, tubes and rods; and
4. Ceramics, pottery, dishware, figurines and tile from clay and the enameling of pottery ware or metals.
E. Service, Sales and Storage Establishments. Services, sales and storage establishments include:
1. Cleaning, dyeing and dry cleaning establishments and carpet cleaning;
2. Repair of household appliances and goods produced by manufacturing and assembly processes permitted above;
3. Food, confection and drug preparation;
4. Cold storage and food locker plants;
5. Parcel delivery establishments;
6. Household and maintenance services, dry cleaning and laundry, dyeing, rug cleaning, janitorial and maintenance services;
7. Monument works;
8. Bulk storage or warehouses for such material as building materials, contractors' equipment, fabrics, feed, furniture, machinery, materials other than scrap or junk, paint, pipe, rubber, shop or store supplies provided there shall be no storage of discarded or salvage articles or of any material outside of buildings;
9. Public storage establishments;
10. Dog and/or cat kennels; provided, however, that no part of any building so used may be located within 700 feet from any dwelling in the City; and that the total number of animals within any buildings so used may not exceed 50 per acre of the lot upon which said buildings are located; and
11. Recycling facilities and recycling collection centers provided all operations, storage and other business activities must be conducted completely indoors.
F. Accessory Uses. The following accessory uses may be permitted in a Limited Industry District.
1. Retail sales directly related and incidental to a main use permitted in Subsections A through E above and limited to ten percent (10%) of total floor area.
G. Similar Uses. Uses not listed above may be permitted if a determination of similar use is made by the Planning and Development Director in accordance with Section 1117.03.C.
H. Prohibited Uses. The following uses are expressly prohibited in a Limited Industry District.
1. Medical marijuana cultivation, processing and dispensing facilities.
(Ord. 2017-76. Passed 2-20-18.)
1145.03 SPATIAL REQUIREMENTS.
A. Minimum Area and Width. Lots in Limited Industry Districts shall meet minimum area and width requirements. New lots shall only be created in conformance with these requirements.
1. Lot Area. Minimum lot area shall be one (1) acre.
2. Lot Width. Minimum lot width shall be 200 feet.
B. Required Yards. Yards shall be provided for every main and accessory building in a Limited Industry District in accordance with the requirements of Table 1145.03-1:
C. Maximum Height and Lot Coverage. All structures shall conform to maximum limits with respect to height of buildings and extent of lot coverage.
1. Height. Permitted structures shall not exceed 35 feet in height. However, chimneys, elevator penthouses, towers, stacks, ventilators or other necessary appurtenant features usually carried above roof lines, when erected upon and as an integral part of a building, may be erected above the height limit provided such appurtenances shall extend no higher than ten (10) feet above the building roof.
2. Lot Coverage. Lot coverage by all main and accessory buildings shall not exceed 35%. (Ord. 2017-76. Passed 2-20-18.)
1145.04 LANDSCAPING.
A. Intent. The intent of this section is to:
1. Screen undesirable views of permitted industrial uses from fronting streets and surrounding residential area;
2. Increase soil water retention through landscape requirements;
3. Protect and preserve the appearance, privacy and property values of residential uses from any adverse influences of adjoining industrial use; and
4. Adequately shield adjoining residential uses from noise, dust and objectionable views.
B. Planting Requirements.
1. A minimum of 15% of the total site area shall be allocated to landscape improvements.
2. All improved landscaped areas shall be serviced by an irrigation system. Plans for such irrigation system shall be reviewed by and subject to the recommendations of the Planning and Design Commission as to irrigation sufficiency.
3. Plant material shall conform to the standards found in the American Standard for Nursery Stock (ANSI Z60.1-2014) published by AmericanHort and conform to the minimum plant sizes at time of planting listed in Table 1145.04-1, unless a greater requirement is specified elsewhere in this ordinance. Larger sizes may be required by the reviewing authority, if determined to be necessary to maintain a natural appearance and achieve the intended purpose of the buffer, street lawn or screen based on the size of the development, its location and/or the character of the surrounding area.
C. Street Lawns (Front Yards). Street lawns shall be provided along any frontage abutting a public right-of-way to improve the appearance of Limited Industry Districts in the community. Except for necessary driveways or walkways, a street lawn shall extend the full length of the lot line at the depths required in Table 1145.03-1. Landscaping shall meet the following requirements.
1. At a minimum, a required street lawn along a road shall be landscaped with at least one (1) canopy tree plus one (1) additional canopy or ornamental tree for each 50 feet, or fraction thereof, of road frontage.
2. Existing trees located within the required street lawn that are of a species provided in Appendix A shall be counted toward meeting the minimum requirements of this section provided that they are in a healthy condition as determined by the City. Other existing trees within the required street lawn may be counted toward the minimum requirements of this section if approved by the reviewing authority.
3. Healthy and viable existing trees within a proposed street lawn shall be preserved unless existing site characteristics, necessary grading, location of future site improvements, species of tree (see list of prohibited species in Appendix A) or other similar conditions make their preservation unreasonable or undesirable.
4. If berms are appropriately incorporated into the street lawn, the reviewing authority may reduce the required quantities of plant material.
5. If existing conditions are such that a lot cannot accommodate the street lawn standards, the reviewing authority may modify the landscape requirements where it is determined that the purpose of the street lawn will still be achieved.
D. Buffer Zones (Side and Rear Yards). Landscaping and screening shall be provided to buffer the negative impacts between incompatible land uses, to minimize the adverse effects of certain activities upon their surroundings and to improve the appearance of Limited Industry Districts within the community.
1. Landscaping. Landscaping shall be provided within required side and rear yards where the subject property abuts another zoning district so as to provide a dense visual screen without obstructing necessary lines of sight required for safe pedestrian and vehicular movement. Buffer zones shall meet the minimum specifications defined in Table 1145.04-2.
2. Exceptions. A buffer zone is not required between two Limited Industry District parcels. A buffer zone shall not apply where the reviewing authority determines that existing natural conditions are such that a lot cannot reasonably accommodate a required buffer or where existing natural conditions on the lot act as a buffer. Alternately, where the reviewing authority determines that a vegetative buffer is inappropriate for a lot, they may approve the installation of a fence or wall to meet the buffer requirements.
E. Fencing and Screening.
1. Fencing Required. Along any side or rear property line that abuts a residential district, a six (6) foot high solid fence shall be provided within ten (10) feet and parallel to the district boundary. The fence shall extend the full length of the district boundary and to within 50 feet of a street line.
2. Screening. Screening in the form of a solid, sight obscuring fence or wall shall be provided around all trash dumpsters, heating and cooling units, and any loading areas visible from the public right-of-way. If approved by the reviewing authority, the required screen may be comprised of berms or plant material, in combination with or as a substitute for a fence or wall when it is determined that the alternate solution will provide the same degree or better of opacity and screening required by this section.
F. Applicability. All provisions of this section shall be applicable to both new development and the expansion, alteration or modification of existing development, including such expansion, alteration or modification that may be limited solely to parking and/or access.
G. Compliance. Effective buffering or screening may be required prior to other site development in order to reduce objectionable views, noise or dust associated with construction and development of the site. If not necessary and required prior to site development, all buffers and screens shall be in place prior to a Certificate of Occupancy being issued. (Ord. 2017-76. Passed 2-20-18.)
1145.05 PERFORMANCE STANDARDS.
Any use established in a Limited Industry District after the effective date of this Zoning Code, shall comply with the performance standards set forth hereinafter as a condition of occupancy and use. Any use already established shall not be altered, added to or otherwise modified so as to conflict with, or to further conflict with, the performance standards set forth hereinafter as a condition to further use. Statements that such uses comply or shall comply may be required by the Planning and Design Commission from the owner. In cases of doubt, the City shall select and arrange for an independent survey by a professional engineer qualified in the particular field and the costs for the services shall be paid by the owner.
A. Enclosure. All permitted main and accessory uses and operations, except offstreet parking shall be performed wholly within an enclosed building or buildings. All raw materials, finished products and mobile and other equipment shall be stored within enclosed buildings.
B. Dust and Smoke. The emission of smoke, soot, fly ash, fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and the quantity deposited shall not be detrimental to or endanger the public health, safety, comfort or welfare or adversely affect property values.
C. Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be permitted.
D. Toxic or Noxious Matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health shall not be permitted.
E. Noise. The sound pressure level of any operation on a lot, other than the operation of paging speakers, bells and motor vehicles shall not exceed the average intensity of the street traffic noise at the nearest Residential District, and no sound shall be objectionable due to intermittence, beat frequency or shrillness and in no case shall the noise generated exceed the applicable provisions for industrial uses as prescribed in Chapter 555
of the Codified Ordinances.
F. Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.
G. Radioactive or Electrical Disturbances. Radioactive or electrical disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.
H. Incineration Facilities. If incineration facilities are used, they shall emit neither smoke nor odor and shall be located within the main building. No garbage, rubbish, waste matter or empty containers shall be permitted outside of buildings.
I. Waste Materials. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water, or into a sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals shall not exceed the amount permitted by other regulations of the State, county or City.
1. Waste sampling. Industrial wastes discharged into public sewers shall be subject to periodic inspection and a determination of character and concentration of such wastes. The determinations shall be made in the manner and as often as may be deemed necessary by the responsible authority. Samples shall be collected by the responsible authority in such a manner as to be representative of the composition of the wastes. Access to sampling locations shall be granted to the responsible authority or its duly authorized representatives at all reasonable times.
2. Analysis. Determination of the character and concentration of the industrial wastes shall be made by any qualified person or testing laboratory designated by the responsible authority. The person or testing laboratory designated by the responsible authority for the testing of the samples shall submit its invoice for the costs of such testing directly to the person whose samples were tested. (Ord. 2017-76. Passed 2-20-18.)
1145.06 SITE DEVELOPMENT REQUIREMENTS.
In addition to the requirements of this chapter, all development in Limited Industry Districts shall meet the applicable requirements as listed elsewhere in this ordinance:
(Ord. 2017-76. Passed 2-20-18.)
1149.01 PURPOSE.
The purpose of these districts are to designate, regulate and restrict the location, design and use of buildings, structures and interior streets; to promote high standards of exterior appearance of buildings and grounds; to stabilize and improve property value with the smallest possible burden on municipal services and facilities with the highest possible return to the City from tax revenues consistent with maintaining and improving the general character of the City; to promote health, safety, comfort, convenience and general welfare; and thus to provide the economic and social advantages resulting from an orderly planned use of these parcels of land.
(Ord. 2020-19. Passed 3-18-20.)
1149.02 MINIMUM REQUIRED AREA.
The minimum required development area in all Mixed Use Districts shall be as follows below:
A. Mixed Use District A = 10 acres
B. Mixed Use District C = 20 acres
A. Mixed Use District A = 10 acres
B. Mixed Use District C = 20 acres
C. Mixed Use District D = 20 acres (Ord. 2020-19. Passed 3-18-20.)
1149.03 USES PERMITTED.
Buildings or land shall not be used and buildings shall not be erected or altered except for the uses specified in Table 1149.03-1. Furthermore, there shall be no use of land permitted in any Mixed Use District without an approved principal structure.
A. Permitted Use (P). Buildings and land in this district may be used by right, subject to all other applicable provisions of this code. Within Mixed Use District D, however, in order to accomplish the purpose and intent of such districts, each development area shall include uses from at least two of the principal use categories.
B. Conditional Use (C). Buildings and land in this district may be used provided that the general and specific conditions related to that use as found in Chapter 1118 are met.
(Ord. 2020-19. Passed 3-18-20.)
1149.04 DEVELOPMENT REGULATIONS.
A. Phased Development. Development areas in all Mixed Use Districts may be developed in phases if approved by the Planning and Design Commission.
B. Setbacks.
1. Mixed Use District A.
a. Building setbacks from dedicated street rights-of-way and boundary lines of the development area shall be 100 feet.
b. Parking setbacks from dedicated street rights-of-way, private streets and boundary lines of the development areas shall be 25 feet; except that parking setbacks shall be 50 feet along any boundary lines abutting One and Two Family Residence Districts.
2. Mixed Use District C and D.
a. Building setbacks from dedicated street rights-of-way and boundary lines of the development area shall be 50 feet; except that building setbacks shall be 75 when abutting One and Two Family Residence Districts
b. Parking setbacks from dedicated street rights-of-way, private streets and boundary lines of the development areas shall be 25 feet; except that parking setbacks shall be 50 feet along any boundary lines abutting One and Two Family Residence Districts.
C. Building Materials. The requirements of this section apply to all Mixed Use Districts where there is construction of new non-residential buildings or where there is substantial improvement proposed to existing non-residential buildings.
1. Materials. All non-residential buildings shall be composed of high quality materials and, at a minimum, shall be comprised of 75% of the following: brick, stone (natural or cultured), architectural pre-cast concrete, glass, high-density stratified wood board, fiber reinforced concrete panels, stucco or architectural metal panels. Up to 25% of the building may be comprised of the following: split face block, scored block, exterior insulation finish system (EIFS), wood, vinyl, metal and other similar quality materials. If EIFS is used, it shall not be within 36 inches of grade nor used in entryways or other high activity pedestrian or service areas. Plain concrete block, smooth-faced tilt-up concrete panels and wood sheet goods shall not be permitted. Building material requirements may only be modified with the recommendation of the Planning and Design Commission and approval by City Council.
2. Massing. The articulation of a building shall reduce its perceived overall length and width by dividing the building into smaller masses. The internal function of the building shall provide the rationale for the division of massing. The overall mass of a building shall be reduced by incorporating building undulations of clearly pronounced recesses and projections, wall relief, colonnades, pilasters, piers, fenestration patterns or other techniques as approved by the Planning and Design Commission and City Council. The articulation of a building shall reduce its perceived height by dividing the building into smaller scale elements to provide a "human scale" based on its location. The building design shall incorporate a distinct base, middle and top. Features to clearly define the top of a structure may be accomplished via a defined parapet or cornice elements; distinct eaves; corbeled brick, masonry or stone; architectural roof forms and other elements as approved by the Planning and Design Commission and City Council. Each building shall have a clear, highly visible customer entrance(s) defining the major entry points to the building.
3. Mechanical Screening. Buildings shall have architectural features to fully conceal rooftop equipment, such as HVAC units, exhaust, vents, transformers, roof access, etc. from public view.
D. Height.
1. Mixed Use District A. The maximum height for office buildings and hotels shall not exceed seven stories and two stories for all other permitted uses.
2. Mixed Use District C. The maximum height for all buildings shall not exceed two stories for all permitted uses.
3. Mixed Use District D. The maximum height shall be the lesser of:
Use | Feet Above Grade | Stories |
Multiple dwelling | 36 | 3 |
Senior housing | 45 | 4 |
Office building | 36 | 3 |
Retail | 24 | 2 |
E. Access Management. Access and interior roads shall be properly related to any existing or planned public street suitable and capable of handling the types and volumes of vehicular traffic projected to be generated by the various proposed uses so as to promote safety and minimize traffic congestion. Traffic control devices and traffic safety improvements shall be incorporated into the development plan as necessary and appropriate to maintain traffic flows and vehicular and pedestrian safety within public rights of way. To meet this requirement, the developer may be required to submit to the City, at the time it submits its application, a Traffic Impact Analysis in accordance with the requirements of Section 1161.08 to determine the traffic impacts which the proposed development will have upon abutting streets and roads within the City.
F. Utilities. All utilities shall be installed underground.
G. Outdoor Speakers. Use of outside speakers, sound systems or other noise producing devices shall be prohibited. (Ord. 2020-19. Passed 3-18-20.)
1149.05 LANDSCAPING.
Required landscaping, screening and buffering for all Mixed Use Districts shall be in accordance with the regulations and guidelines provided in this section.
A. Street Lawn. Street lawns are required yards abutting a public right-of-way. Street lawns shall be designed in accordance with the following guidelines, except as may be provided elsewhere in this section:
1. Except for necessary driveways, frontage roads, service drives or walkways, a required street lawn within a yard abutting a public road shall extend the full length of the lot line.
2. At a minimum, a required street lawn along a road shall be landscaped in accordance with the following:
a. One canopy tree plus one additional canopy or ornamental tree for each 75 feet, or fraction thereof, of road frontage.
b. Six shrubs per each 50 feet, or fraction thereof, of road frontage.
3. The minimum depth of the street lawn shall correspond to the minimum parking setback requirement for the district.
4. Landscaping shall be located so it does not obstruct the vision of drivers entering or exiting a site and shall also meet the provisions of pertaining to clear vision triangles.
5. The required street lawn landscaping, except for the sight-obscuring parking lot screen, need not be evenly spaced. Clustering of trees and planting beds is encouraged to provide a more aesthetic and natural appearance; provided, the purposes of this section are achieved.
6. Existing trees located within the required street lawn shall be counted toward meeting the minimum requirements of this section provided they are in a healthy condition, as determined by the City.
7. If berms are appropriately incorporated into the street lawn, the Planning and Design Commission may reduce the required quantities of plant material by up to one-third where it is determined that the purpose of the street lawn will still be achieved.
8. A detention/retention area shall not be located within any front yard unless the Planning and Design Commission determines that it is designed as a prominent aesthetic feature that will enhance the appearance of the site and will be properly maintained as such.
B. Buffer Zone. Buffer zones are required yards abutting boundary lines adjacent to any residential zoning district.
1. Requirements.
a. A buffer zone shall be required, even where the adjacent property is undeveloped, except that the requirement may be reduced or waived where the property abuts an interstate highway.
b. Prior to changing the use of a property to a more intense land use, or when a property is rezoned to a more intense district, a buffer zone meeting the applicable requirements of this section shall be installed.
2. Standards.
a. Buffer zones shall be planted with a combination of canopy trees, ornamental trees, evergreen trees and shrubs to constitute a dense visual buffer at plant maturity.
b. Buffer zones may be required to include screening or berms as provided for in (c) or (d) below based upon existing natural conditions and the proximity of residential uses as determined by the Planning and Design Commission.
c. All areas of the buffer zone outside of planting beds shall be planted with grass or other living ground cover or preserved in a natural wooded state.
d. Landscape materials shall conform to all applicable standards of this section.
e. Stormwater detention/retention areas may be located within a required buffer zone provided they do not reduce the screening effect.
C. Screening. Screening shall be required as follows, except as may be provided elsewhere in this section.
1. Requirements. Screening shall be required:
a. Around all trash dumpsters in all districts;
b. Around any loading/unloading area visible from an adjoining street or parking area;
c. Around heating and cooling units and generators for all non-residential uses;
d. Around detention ponds and other related storm water management facilities that are not integrated into the landscape design as site amenities; and
e. Around essential public services and related accessory structures.
2. Standards. A required screen shall be comprised of a solid, sight-obscuring fence or wall and also the following minimum specifications:
a. The screen shall be six feet in height;
b. The screen shall be enclosed on all sides and not containing any openings other than a gate for access which shall be closed at all times when not in use. This full enclosure requirement, however, shall not apply to screening of loading/unloading areas;
c. The screen shall be constructed of masonry, treated wood or other approved material determined to be durable, weather resistant, rust proof and easily maintained. Chain link, split rail and wrought iron fences shall not be permitted to meet the screening requirement;
d. If approved, the required screen may be comprised of berms or plant material, in combination with or as a substitute for a fence or wall when it is determined that the alternate solution will provide the same degree, or better, of opacity and screening required by this section;
e. When a screen wall or fence has both a finished side and an unfinished side, the finished side shall face the adjoining property or, if on the interior of the site, shall face outward toward the perimeter of the site; and
f. Screen walls or fences shall not be constructed in a way that alters drainage on site or adjacent properties, or obstructs vision for safety or ingress/egress.
D. Berms. Where a berm is used it shall meet the following requirements:
1. It shall have a minimum height of 3 feet and maximum height of 6 feet above grade. The crest shall gently curve with a level crown at least 2 feet wide;
2. Berms shall be constructed so as to maintain a side slope not to exceed a 1-foot rise to a 3-foot run ratio. When topography or other site conditions prevent construction of berms at this ratio, the Planning and Design Commission may permit retaining walls or terracing. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.
3. Berms shall be designed to vary in height and shape to create a more natural appearance. Berm areas not containing planting beds shall be covered with grass or other living ground cover maintained in a healthy condition.
4. Required plant material shall be placed on the top and side slope facing the adjoining property.
5. Berms shall be constructed in such a manner so as not to alter drainage patterns on site or adjacent properties, or obstruct vision for safety of ingress or egress.
E. Plant Material Standards. All required landscaped areas shall comply with the following plant material standards, in addition to all other applicable requirements of this section:
1. All plant materials shall be hardy to Cuyahoga County and free of disease and insects. Acceptable trees may be selected from the list of acceptable species in Appendix A or as approved by the Planning and Design Commission.
2. Landscaped areas shall be maintained in a neat, healthy and orderly condition following accepted horticultural practices. Withered, dying and/or dead plants and trees shall be replaced within a reasonable period of time, but not longer than one growing season.
3. Artificial plant material shall not be used within any required landscaped area. This shall not preclude the use of stone, shredded bark, wood chips, pine needles or similar accent materials within planting beds.
4. All plant material shall be installed in such a manner so as not to alter drainage patterns on site or adjacent properties, or obstruct vision for safety of ingress or egress.
5. All plant material shall be planted in a manner so as to not cause damage to utility lines (above and below ground) and public roadways.
6. Existing plant material which complies with the standards and intent of this ordinance and the provisions of this section may be credited toward meeting the landscape requirements. Scrub, dying, diseased or prohibited trees and shrubs shall be removed and shall not be counted toward any requirement of this section.
7. The overall landscape plan shall not contain more than 33 percent of any one plant species, unless determined to be appropriate by the Planning and Design Commission.
8. Landscaping shall be installed prior to issuance of a certificate of occupancy, unless the owner demonstrates that unforeseen circumstances beyond his/her control prevented the installation. In such case, the Building Official may issue a conditional certificate of occupancy for a time limit not to exceed 120 days to complete the landscaping.
9. Plant material shall conform to the standards found in the American Standard for Nursery Stock (ANSI Z60.1 - 2014, as amended from time to time) published by AmericanHort and conform to the minimum plant sizes at time of planting shall conform to the standards in Table 1149.05-1, unless a greater requirement is specified elsewhere in this ordinance. Larger sizes may be required by the Planning and Design Commission, if determined to be necessary to maintain a natural appearance and achieve the intended purpose of the buffer, street lawn or screen based on the size of the development, its location and/or the character of the surrounding area.
10. Healthy and viable existing trees within a required setback shall be preserved unless their removal is shown, to the satisfaction of the Planning and Design Commission, to be infeasible due to existing site characteristics, necessary grading, location of future site improvements, species of tree or other similar conditions that make their preservation unreasonable or undesirable. Financial hardship or development expediency shall not be considered valid rationale for such tree removal.
11. Landscaping shall be provided adjacent to all buildings in order to provide shade, minimize energy demand, screen mechanical equipment and enhance the general appearance of the building and property.
Table 1149.05-1, Minimum Size Requirements | |
Plant Type | Minimum Size |
Deciduous canopy tree | 2.5 inch caliper |
Deciduous ornamental tree | 2.5 inch caliper |
Evergreen tree | 7 feet in height |
Deciduous shrub | 24 inches in height |
Upright evergreen shrub | 24 inches in height |
Spreading evergreen shrub | 24 inch spread |
(Ord. 2020-19. Passed 3-18-20.)
1149.06 PARKING AND LOADING.
Parking and loading in all Mixed Use Districts shall be required in accordance with the provisions of Chapter 1161. (Ord. 2020-19. Passed 3-18-20.)
1149.07 EXTERIOR LIGHTING.
Exterior lighting in all Mixed Use Districts shall be permitted in accordance with the provisions of Chapter 1161. (Ord. 2020-19. Passed 3-18-20.)
1149.08 SIGNAGE.
Signage in all Mixed Use Districts shall be permitted in accordance with the provisions of Chapter 1163. (Ord. 2020-19. Passed 3-18-20.)
1149.09 DEVELOPMENT PLAN REVIEW.
Development Plan Review in all Mixed Use Districts shall be carried out in accordance with the provisions of Chapter 1126. (Ord. 2020-19. Passed 3-18-20.)
1150.01 ESTABLISHMENT AND PURPOSE.
A. Overlay Districts, Generally. An Overlay District is a mapped zone that establishes development standards that are different than those of the conventional "base" zoning district for a property. The regulations in an Overlay District are used in place of the regulations of the base zoning district in accordance with applicability standards set forth herein. The Overlay District provides development regulations for building expansion and new construction that advances community goals in areas where existing zoning does not adequately result in desired development.
B. District Established, The following Overlay District is hereby established:
1. Mall Area Mixed Use Overlay District (MAMU Overlay District)
C. District Mapped, The boundaries of the MAMU Overlay Districts shall be indicated and applied to the City's Zone Map through the process outlined in Chapter 1127 Amendments of the City of North Olmsted's Zoning Code.
D. MAMU Overlay District Purpose. The purpose of the Mall Area Mixed Use (MAMU) Overlay District is to promote the redevelopment of the area within and around Great Northern Mall as a compact, mixed-use, walkable, and vibrant neighborhood to:
1. Support the intent and objectives of community and development plans adopted by the City, including the 2025 City of North Olmsted Master Plan and 2023 Lorain Road Corridor Study;
2. Encourage the redevelopment and reuse of existing buildings and parking areas;
3. Promote more efficient land use and development patterns through increased densities of residential and commercial uses that support vibrant neighborhoods and increase the local tax base;
4. Enhance the quality of buildings, public spaces, and streetscape environments to establish a sense of identity and attract employers, businesses, residents, and visitors;
5. Increase transit use and expand other mobility options by creating an environment that makes using all modes of transportation comfortable, convenient, and safe through enhanced streetscapes, amenities, and pedestrian-oriented buildings;
6. Increase convenient access to important services, goods, and employment by mixing commercial and residential uses;
7. Encourage an appropriate mix of residential options to promote different housing types for people with various income levels and at different stages of life; and,
8. Incorporate sustainable and green practices.
E. Conflicts. If any requirements contained within this Chapter present an actual, implied, or apparent conflict with other chapters in Part Eleven of the City of North Olmsted's Codified Ordinances, the regulations in this Chapter shall prevail.
(Ord. 2025-21. Passed 6-10-25.)
1150.02 APPLICABILITY.
A. Location and Applicability. The MAMU Overlay District shall apply to areas indicated on the city's Zoning Map for the following types of development:
1. All newly constructed buildings in the MAMU Overlay District shall meet the requirements of this Chapter.
2. Additions or expansion of existing buildings of three thousand square feet (3,000 s.f.) or greater shall meet the requirements of this Chapter.
3. Additions or expansion of existing buildings of less than three thousand square feet (3,000 s.f.) may be developed under the applicable regulations of this Overlay District or under the regulations of the base zoning district, at the discretion of the applicant.
4. Any change in the Principal Use shall enact the requirements of this Chapter.
B. Relationship to Other Development Standards. All of the provisions of this Zoning Code that are applicable to the underlying Base district shall apply, except as specifically modified in this Chapter.
C. Transitional Regulations. The following transitional regulations will resolve the status of properties with pending or approved applications at the time of adoption of this Chapter:
1. Pending Applications.
a. Any complete application that has been accepted and placed on an agenda for review by the Planning and Design Commission for approval, but upon which no final action has been taken by the Planning and Design Commission prior to the Effective Date of this Chapter, shall be reviewed in accordance with the provisions of the underlying zoning district in effect on the date the application was deemed complete and placed on the Planning Commission's agenda.
b. Amendments to completed applications that meet the definition of Major Changes as identified in Section 1126.08 Amendments to Development Plans, shall require the application to be subject to the requirements of this Chapter.
c. If the Applicant fails to comply with the requirements of Section 1126.09 Expiration and Extensions, the approval shall expire and subsequent applications shall be subject to the requirements of this Chapter.
d. Any reapplication for an expired project approval must meet the standards in effect at the time of reapplication.
e. An Applicant with a pending application may elect to have the project reviewed under the regulations of this Chapter through a written letter to the Economic & Community Development Director requesting review under the provisions of this Chapter.
2. Approved Projects.
a. Approved site plans, variances, Conditional Use approvals, or building permits that are valid on the Effective Date of this Chapter shall remain valid until their expiration date, where applicable.
b. Plans approved under the previous regulations that are valid on the Effective Date of this Chapter shall also remain valid until their expiration date, where applicable.
(Ord. 2025-21. Passed 6-10-25.)
1150.03 DEFINITIONS.
A. The following definitions are applicable to this Chapter, in addition to definitions elsewhere in the Zoning Code.
1. Active Use. Non-residential uses such as retail establishments, restaurants, personal service establishments, or health and recreation facilities that create or facilitate pedestrian use during standard business hours or at peak evening hours.
2. Adult Group Home. A facility providing accommodations and personal care services for six (6) to sixteen (16) unrelated adults (typically elderly). Such services may include assistance with daily living activities, self-administration of medicine, and preparation of special diets.
3. Adult Family Home. A facility providing accommodations and personal care services for three (3) to five (5) unrelated adults (typically elderly). Such services may include assistance with daily living activities, self-administration of medicine, and preparation of special diets.
4. Backlit Sign. In the MAMU Overlay District a backlit sign is one that uses a light source to illuminate the wall or mounting surface behind the l~tters or sign elements to create a 'halo' effect. Letters and sign elements being backlit shall be opaque.
5. Blank Wall. A ground-floor wall or portion of a ground-floor wall over that does not include a transparent window or door.
6. Boundary Street. The public roads bounding the area included within the MAMU Overlay District. This includes Great Northern Boulevard, Country Club Boulevard, Lorain Road, and Brookpark Road. Boundary Streets shall also be considered Primary Streets.
7. Cabinet Sign. A sign using a single translucent or partially translucent plastic, acrylic, or other type of panel with text or symbols printed or placed upon it that is mounted in a cabinet or box that may house a lighting source and equipment used to shine light through the sign panel to illuminate it.
8. Cigar Bar. A business with a permit to sell alcoholic beverages that generates twenty-five (25%) percent or more of its yearly gross revenue from the sale of cigars and/or rental of humidor space, has a humidor on the premises, and does not allow minors to enter the premises.
9. Co-working Facility. Office space designed to be shared amongst workers, including entrepreneurs, free-lancers, start-up businesses, and traditional office workers, typically through a membership or for a fee. This includes providing multiple office and meeting spaces as well as technology and equipment to facilitate standard office work. Ancillary uses such as kitchens, and recreation and exercise spaces may be included but are subordinate to the office space.
10. Family Day Care, Type A. A permanent residence of the Day Care provider in which child day care or publicly funded child day care is provided for seven (7) to twelve (12) children at one time, or a permanent residence of the provider in which child day care is provided for four (4) to twelve (12) children at one time if four or more children at one time are under two (2) years of age. In counting children for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the type-A home shall be counted. It does not include a residence in which the needs of the children are being administered to if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings.
11. Family Day Care, Type B. A permanent residence of the day care provider in which child day care is provided for one (1) to six (6) children at one time. No more than three (3) of these children shall be under two (2) years of age at one time. It does not include a residence in which the needs of the children are being administered to if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings.
12. Manufacturing, Artisan. The on-site production, display, and sale of hand-fabricated or hand-manufactured parts and custom or craft consumer goods based on the skill and knowledge of the artisan and the use of hand tools or small-scale light mechanical equipment. This can include, but is not limited to, the custom production of artisan products such as apparel, cabinetry, glass working, jewelry making, metal working, pottery, sculpture, wood working, and leather working.
13. Manufacturing, Technology. The research, design, and production of electronics, biomedical devices, scientific instruments, advanced materials, and other advanced technological products that require highly skilled employees and technical expertise as well as dedicated laboratory space, clean rooms, or other specialized space or equipment for production.
14. Pedestrian Light. A pole, bollard, or wall mounted light used to illuminate a sidewalk, pedestrian path, storefront, plaza or other pedestrian area.
15. Pedestrian Zone. The portion of the sidewalk between building frontages and the street meant for pedestrian movement and the placement of benches, trash receptacles, lamp posts, wayfinding signage, planters, banners and other street furniture, landscaping, and accessories meant to cater to pedestrians.
16. Primary Street. A public or private street identified by the applicant as a main or major road for a building or development site for the purposes of administering site development standards of this chapter. A building or development site may have more than one primary street. For a building or development site fronting only one street, that street shall be considered a primary street. Any private street or internal drive having three (3) travel lanes, including turn lanes, or thirty feet (30') wide or wider shall be considered a primary street. Brookpark Road, Great Northern Boulevard, and Country Club Boulevard shall always be considered primary streets.
17. Residential Facility Family House. A facility licensed by the Ohio Department of Mental Health that provides room, board, personal care, supervision, habilitation services and mental health services, in a family setting, for six (6) to eight (8) developmentally disabled persons.
18. Residential Facility Group Home. A facility licensed by the Ohio Department of Mental Health that provides room, board, personal care, supervision, habilitation services and mental health services, in a family setting, for nine (9) to sixteen (16) developmentally disabled persons.
19. Secondary Street. A public or private street identified by the applicant as a subordinate to a primary street for a building or development site for the purposes of applying site development standards of this chapter. Any private street or internal drive less than three (3) travel lanes, including turn lanes, or thirty feet (30') wide may be considered a secondary street unless said private street is the only frontage road for a building or development site.
20. Street Frontage. That portion of a building or building site that borders or abuts a public or private street.
21. Street Light. A pole mounted light used for lighting the roadway areas, including intersections and pedestrian crossings, of public and private streets.
(Ord. 2025-21. Passed 6-10-25.)
1150.04 PERMITTED USES.
A. Permitted Uses. Uses permitted in the MAMU Overlay District are listed in Table 1150.04(A): MAMU Overlay District Use Regulations.
B. Conditional Uses.
1. Conditional Uses in the MAMU Overlay District are listed in Table 1150.04(A): MAMU Overlay District Use Regulations. All Conditional Uses included in the table may be permitted within the MAMU Overlay District under the conditions and in the manner prescribed in Chapter 1118 Conditional Use Requirements and provided they meet the following requirements:
a. The Applicant satisfactorily demonstrates that the proposed use supports the general character and purposes of the Overlay District and will not substantially hinder the future development of connected, mixed-use, and livable neighborhoods.
b. The Applicant satisfactorily demonstrates that the proposed Conditional Use is an appropriate and suitable use of the parcel of land it is proposed to be built upon due to the lot size, shape, natural features, adjacent uses, or other issues relevant to the location of the proposed use.
c. If part of a larger development proposal, the Applicant satisfactorily demonstrates that the proposed use is cohesive with and supports the entire development plan.
C. Additional Use Standards.
1. Permitted Uses identified with an asterisk(*) are permitted only if additional standards, outlined in Section 1150.05, are met.
D. Accessory Uses. In addition to the Principal Uses expressly included in Table 1150.04(A), such Principal Uses shall be deemed to include such Accessory Uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such Principal Uses.
1. Accessory Use Determination.
a. The Planning and Design Commission shall determine if a proposed structure or use is considered an Accessory Use based upon the Economic & Community Development Director's evaluation of the proposed Accessory Use.
b. For approval as an Accessory Use, the Planning and Design Commission shall find that the proposed use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the proposed Principal Use.
2. Accessory Use Standards.
a. Unless specifically stated in this Chapter, Accessory Uses must meet the development and design standards outlined in this Chapter.
E. Substantially Similar Uses. Any substantially similar use which is classified and approved by the Planning and Design Commission to be of the same character, nature, and intensity of use as those in this MAMU Overlay District, may be permitted subject to the procedure and standards set forth in this Chapter.
TABLE 1150.04(A): MAMU OVERLAY DISTRICT USE REGULATIONS
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F. Vertical and Horizontal Mixing of Uses.
1. The vertical mixing of uses, including residential uses with nonresidential uses within a single building, is permitted and encouraged.
2. The horizontal mixing of uses in the district is allowed, provided the developments are well-integrated in terms of complementary uses, site layout (including access and circulation), building layout and compatible design.
G. Active Uses at Street Level.
1. High-activity, non-residential uses such as retail establishments and restaurants must comprise at least seventy percent (70%) of the first floor, when facing a primary street, to a depth of at least fifteen feet (15'). Non-residential, accessory uses such as lobbies, gyms, meeting rooms, or other amenity spaces may qualify as high-activity, non-residential uses as determined by the Planning and Design Commission.
2. Residential uses are permitted on the first floor facing primary and secondary streets, provided the requirements from Section 1150.04 (G) (1) above are met.
3. Stairs, storage, hallways, elevators, and indoor parking do not qualify as active uses.
4. A minimum of thirty-five percent (35%) of the first floor facing a primary street, or twenty-five percent (25%) of the first floor facing a secondary street, shall provide for active engagement of the streetscape through patio or outdoor cafe seating, recreational amenities, landscaped garden or plaza area, or other means.
(Ord. 2025-21. Passed 6-10-25.)
1150.05 ADDITIONAL USE STANDARDS.
A. Additional Use Standards for Permitted Principal Uses. Permitted Uses identified with an asterisk in Table 1150.04(A) are permitted only if Additional Use Standards, outlined in this Section, are met.
1. Adult Group Home/Residential Facility Group Home.
a. All activities, programs, and other events shall be directly related to the Conditional Use applied for and as it is granted, and any changes from the approved conditional use shall be reviewed and approved by the Planning and Design Commission according to the procedures in Chapter 1118.
b. The Applicant shall demonstrate adequate, qualified supervision and security provision through an appropriate supervision and/or security plan.
i. All activities, programs, and other events shall be adequately and properly supervised to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
ii. Adequate supervision and security shall be provided on-site on a 24-hour per day basis.
iii. The security plan shall be reviewed and approved by the Director of Public Safety and the Chief of Police.
c. The applicant shall comply with the applicable parking regulations of the Development Code and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
d. Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility's Conditional Use approval.
e. This facility shall be located at least one thousand feet (1,000') from another such facility, Distances are measured from lot line to lot line by the shortest distance.
2. Assembly Hall or Conference Center.
a. The proposed use shall not generate noise in excess of the limits stated in Chapter 555 Noise Control of the City of North Olmsted Codified Ordinances.
b. Any part of such establishment fronting a primary street should be located so as to minimize the amount of space that is inactive during normal business hours. Such facilities are encouraged to have associated retai l or active uses located in the first-floor space nearest the street or sidewalk to contribute to the retail environment of the Zoning District.
3. Brew Pub.
a. No brewing equipment or storage is permitted on the exterior of the building.
b. Facilities for the on-site brewing of beer shall be no greater than ten thousand square feet (10,000 s.f.) of floor area. Additional floor area may be permitted as a conditional use.
4. Day Care Facility. Child and/or Adult. No such establishment may be located within one thousand feet (1,000") of any existing day care facility, measured from lot line to lot line.
5. Family Day Care Home, Type A and B.
a. According to ORC 5104.054, any Family Day Care Type, "B" home, whether certified or not certified by the County Director of Human Services, shall be considered to be a residential use of property for purposes of municipal, county, and City zoning and shall be a permitted use in all Zoning Districts in which residential uses are permitted. A Family Day Care, Type "B" home is a permanent residence of the provider where childcare is provided for one (1) to six (6) children and where no more than three (3) children are under two years of age. For the purposes of this definition, any children under six (6) years of age who are related to the provider and who are on the premises of the day care home shall be counted. Family Day Care, Type "B" homes are a permitted accessory use in the MAMU Overlay District.
b. Requirements for Family Day Care, Type A Homes
i. The site must comply with the applicable parking regulations of the Zoning Code and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors.
ii. A paved off-street drop-off area and pick up area shall be provided.
iii. This facility shall be located at least one thousand feet (1,000') from another such facility, Distances are measured from lot line to lot line by the shortest distance.
iv. A copy of the site plan and descriptive plan of operation submitted to the applicable State agency shall be submitted as part of the application.
6. Hotel.
a. No room shall be rented to any person or group of people for continuous occupancy for more than thirty (30) days.
b. There shall be provided for hotel guests a separate, off-street drop-off area that must not interfere with the principal driveway or road network.
7. Live-Work Units.
a. The workspace shall occupy less than fifty percent (50%) of the dwelling units' Gross Floor Area (GFA).
b. The dwelling shall be in continuous use as the established place of residence and primary dwelling of the business owner.
c. Business operations shall cease when such use is deemed to be detrimental to the public health, safety, and welfare, and/or constitutes a nuisance, and/or when the use is in violation of any statute, ordinance, law or regulation.
d. Activities shall not include any of the following:
i. Use of the dwelling by more than three nonresidents of the dwelling as employees at any one time;
ii. Use of the dwelling to produce or sell products that may in themselves, or whose ingredients may, pose a danger to the health of employees or neighbors, or to the integrity of the building itself;
iii. Creation of noise, dust, heat, fumes, odors, smoke, vibration, or other nuisances, including electrical or radio frequency interference; and, iv. Generation of excessive amounts of trash, materials, or yard waste placed on the curb for pickup by the City's garbage collection contractor.
8. Manufacturing, Technology
a. Floor area devoted to the manufacturing of technology components, instruments, or devices shall not exceed fifteen thousand square feet (15,000 s.f.).
b. The use of any hazardous material, or any scientific process that creates hazardous waste must be permitted and approved by the Ohio Environmental Protection Agency (OEPA), United States Environmental Protection Agency (USEPA), or other appropriate regulatory authority.
c. he use, storage, and disposal of any hazardous material or waste must meet all state and federal regulations. Provisions for the appropriate use, storage, or disposal of hazardous materials or waste shall be demonstrated before the approval of such use.
d. The proposed use shall not generate excessive noise, odors, or other such nuisances beyond the premises.
9. Microbrewery, Microdistillery, or Microwinery.
a. Facilities for the onsite brewing of beer, wine, liquor, or other spirits, excluding tasting rooms or rooms for on-site sampling of beverages, shall be no greater than ten thousand square feet (10,000 s.f.) of floor area. Additional floor area may be permitted as a conditional use.
b. Tasting rooms, or rooms for on-site sampling of beverages, are permitted but shall not exceed five thousand square feet (5,000 s.f.) of floor area. Additional floor area may be permitted as a Conditional Use.
c. No brewing equipment or storage is permitted on the exterior of the building.
d. The proposed use shall not generate noise in excess of the limits stated in Chapter 555 Noise Control of the City of North Olmsted Codified Ordinances.
10. Place of Worship. The proposed use cannot exceed twelve thousand square feet (12,000 s.f.) in floor area.
11. Research Laboratory.
a. The use of any hazardous material, or any scientific process that creates hazardous waste must be permitted and approved by the Ohio Environmental Protection Agency (OEPA), United States Environmental Protection Agency (USEPA), or other appropriate regulatory authority.
b. The use, storage, and disposal of any hazardous material or waste must meet all state and federal regulations. Provisions for the appropriate use, storage, or disposal of hazardous materials or waste shall be demonstrated before the approval of such use.
c. The proposed use shall not generate excessive noise, odors, or other such nuisances beyond the premises.
12. Restaurant. Restaurants are not permitted to have a drive-thru.
13. Retail Establishment Standalone.
a. The retail establishment is integrated as component, or phase, of a larger development plan; and/or
b. The Planning and Design Commission determines the proposed establishment will appropriately compliment surrounding development and will generally support the purpose of this Overlay District.
14. Senior Residences.
a. Any and all uses and restrictions permitted in Section 1138.03 shall be permitted in this Overlay District.
15. Townhouse Developments.
a. Townhouse developments are only allowed when included as a use or phase as part of a broader mixed-use development. The Planning and Design Commission may approve standalone townhouse developments as a Conditional Use.
b. Townhouses may not front on primary streets. The Planning and Design Commission may approve townhouse developments to front on a primary street as a Conditional Use.
c. Townhouse developments, or phases of a larger development, that are approved along a primary street as a conditional use are not required to meet the active first floor use requirements under Section 1150.04 (G).
16. Veterinary Clinic or Hospital.
a. Outdoor spaces for animals are limited to supervised play areas and runs, and all animals kept overnight must be located in a fully enclosed, noise-attenuated structure.
b. No dead animals may be buried on the premises, and no incineration of dead animals shall be permitted.
c. The facility shall properly manage animal waste, pursuant to applicable local and state regulations, so as to not create a nuisance or health hazard to adjoining or nearby property owners.
d. Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.
(Ord. 2025-21. Passed 6-10-25.)
1150.06 DEVELOPMENT STANDARDS.
A. Development Standards. Every Permitted and Conditional Use of land and structures in the MAMU Overlay District shall be sited in such a manner as to conform to the development standards outlined in this section.
B. Sites with Multiple Lots. Developments consisting of multiple lots of record may be treated as a single site for the purpose of development standards provided all lots are under a common ownership or control through appropriate legal means.
TABLE 1150.06(8): MAMU OVERLAY DISTRICT DEVELOPMENT STANDARDS
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C. Minimum Building Frontage.
1. The space between the minimum front yard setback and the maximum front yard setback shall be considered the Build-To Zone, as shown in Figure 1150.06(A).
2. The minimum building frontage requirement specifies the amount of the front building facade (0 ) that must be located in the Build-To Zone, measured as a percentage of the width of the lot(()), as shown in Figure 1150.06(A).
3. No building or portion of a building (8 ) can be located outside of the Build-To Zone until the minimum building frontage requirements have been met.
FIGURE 1150.06(A): MINIMUM BUILDING FRONTAGE
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D. Utilities.
1. All communication, electric power, and street lighting wires, conduits or cables and the equipment and housing necessary for the operation of those utilities shall be constructed underground and upon an easement for those utilities. Those wires, conduits or cables owned by or serving individual customers and located wholly on the customer's property need not be located upon easements.
2. No utilities shall be located under roadway pavement, except where crossing the street.
(Ord. 2025-21. Passed 6-10-25.)
1150.07 DESIGN STANDARDS.
A. Applicability. All developments subject to review and approval under the MAMU Overlay District Regulations shall be subject to the Design Standards contained herein.
B. Consistency with Adopted Plans. Where a plan has been adopted by the City, the arrangement and design of land uses, buildings, open spaces, and streets should be consistent with the intent of that plan.
C. Design Manual. The Planning and Design Commission may adopt a Design Manual that illustrates design standards, outlines preferred design criteria, and provides guidance for development under the requirements of the MAMU Overlay District.
1. The Design Manual shall be consistent with regulations of the requirements of the Mall Area Mixed Use Overlay District and any plans adopted by the City. If a criterion of the Design Manual conflicts with a regulation within this Overlay District, the regulation of the Overlay District shall apply.
2. If adopted, the Design Manual shall be made readily available to the public.
3. The Planning and Design Commission may seek assistance from external consultants or design professionals to assist in the development and updating of the Design Manual.
D. Design Standards. The following design requirements shall be met by any project developed in the MAMU Overlay District.
1. Building Materials,
a. A minimum of seventy-five percent (75%) of a building's exterior facade shall be composed of high-quality materials.
i. The following materials meet this requirement: stone (natural or cultured); architectural pre-cast concrete; glass; high-density stratified wood board; fiber reinforced concrete panels; and architectural metal panels.
ii. The Planning and Design Commission may determine other materials that meet this requirement at their discretion.
b. A maximum of twenty-five percent (25%) of a building's exterior facade may be comprised of the following materials: split face block, scored block, wood, vinyl, metal and other similar quality materials.
c. The use of Exterior Insulation Finish System (EIFS) and stucco is prohibited.
2. Building Modulation. Large, unarticulated building facades shall be prohibited. The front façade of a building shall be subdivided into vertical and horizontal elements to reduce their perceived mass and height to contribute to a visually interesting and pedestrian-oriented environment.
a. Facades of multi-story buildings facing primary and secondary streets shall be articulated vertically to express distinguishable levels of a building- a base, middle, and top.
b. Building facades facing primary and secondary streets shall be articulated horizontally into distinguishable horizontal planes or bays.
c. The base (ground floor) of a building shall be emphasized with higher quality materials, a large share of windows and entrances, and other elements approved by the Planning and Design Commission.
3. Fenestration.
a. Along the ground floor fac;ade, buildings shall provide at least one (1) functional entrance that is highly visible, faces the primary street and is directly accessible and visible from the sidewalk.
i. On a corner lot, an angled entrance may be used to meet the requirement for a street-facing entrance along both streets.
b. The maximum distance between entrances is seventy feet (70') along the front façade.
c. A minimum of fifty percent (50%) of the ground floor fac;ade and a minimum of twenty percent (20%) of any upper floor façade shall have transparent fenestration. There is no maximum on transparent fenestration.
i. Transparent fenestration is measured as the percentage of glass area of a façade between floor levels.
d. Windows shall be recessed from the exterior wall plane to create depth and visual interest.
4. Blank Wall Treatment.
a. Buildings shall not have more than twenty feet (20') of contiguous blank wall space along the ground floor fa<;ade facing a primary street.
b. Buildings shall not have more than thirty feet (30') of contiguous blank wall space along the ground floor fa<;ade facing a secondary street.
c. Blank walls facing a primary street that are exposed four feet (4') in height or higher above the finished grade shall include screening treatments such as landscaping (trees, shrubs, planters), public art, or other creative screening design solutions.
5. Screening of Utilities. Buildings shall have architectural features to fully conceal rooftop equipment-such as HVAC units, exhaust, vents, transformers, roof access from public view at street level.
6. Standards for Parking Structures.
a. Parking structures, parking spaces, and driveways shall be designed to be as discreet as possible and limit impediments to the pedestrian zone.
b. Parking structures visible from the primary street should positively contribute to the visual interest and pedestrian activity by incorporating the following:
i. The base level facade of a parking structure that faces a primary street should be wrapped with an active use with an interior depth of at least fifteen feet (15').
ii. Parking structure facades that face a secondary street should be screened using landscaping, public art, architectural features, façade articulation, or some form of visual screening of parking areas.
iii. The first-floor height of the garage should match the first floor height of other nearby buildings fronting the street.
iv. Parking structures shall provide separate pedestrian entrances that are easily accessible and identifiable from the primary street, or secondary street if not facing a primary street.
(Ord. 2025-21. Passed 6-10-25.)
1150.08 PARKING AND LOADING.
A. General Provisions. Off-street parking shall conform to the requirements set forth in Chapter 1161 Off-street Parking, Loading, and Transportation, except as modified in this Chapter.
B. Parking Plan Required. Applicants shall provide a description of parking needs for the proposed development and documentation, including a written narrative, detailed site plan, professional parking analysis or study, shared parking agreements, or other documentation that demonstrates the parking needed for the proposed development and how those parking needs will be met, including the appropriate provision of on-site surface lots, structured parking, or proximity to other available parking.
1. The Planning and Design Commission may require additional information as necessary to determine if the proposed parking will be adequate to serve the needs of the development.
C. Modified Parking Standards.
1. There shall be no minimum number of required parking spaces for uses in the MAMU Overlay District.
2. The maximum number of parking spaces provided shall not exceed one hundred percent (100%) of the required parking spaces for uses as stated in Chapter 1161 of this Zoning Code. The maximum provision shall not apply to park-and-ride facilities, public parking garages, structured parking that is a part of or associated with a mixed use building or development, or other parking provided as part of a transit facility.
3. Applicants may request parking spaces above the maximum allowed above by providing a detailed parking study, conducted by a qualified traffic or transportation engineer, that clearly demonstrates that the increased amount would be necessary and appropriate based on the actual number of employees, expected level of customer traffic, actual counts at a similar establishment, and/or other relevant conditions. However, no more than one hundred and twenty-five percent (125%) of the maximum required parking spaces may be approved by the Planning and Design Commission.
D. Location of Off-Street Parking.
1. No designated parking is allowed in the front yard of a principal building or between a building and a primary street.
2. Parking may be located in the rear or side yard of a building or below or above the building, however, no more than twenty-five percent (25%) of the width of the lot along the primary street shall be devoted to parking or drives.
3. Below grade garages must meet the minimum setback requirements of the principal building.
4. All surface parking lots shall be set back a minimum of twenty-five feet (25') from the curbline, inclusive of any required buffer or perimeter landscaping.
E. Landscaping and Buffering. Landscaping and buffering of parking lots and structures shall be in accordance with the requirements of Section 1150.10 Open Space, Landscaping, and Screening.
F. Design of Structured Parking. The design of structured parking facilities shall be in accordance with the requirements of Section 1150.07 Design Standards.
G. Structured Parking Incentive. Developments that include structured parking will be permitted an additional two stories or twenty-five feet (25') of building height above the maximum.
1. No portion of a building located within forty feet (40') of the right-of-way of a primary or secondary street shall be permitted to exceed seventy-five (75') feet in height.
H. Electric Vehicle (EV}Parking.
1. For all parking areas, including structured parking, with twenty (20) or more vehicular parking spaces, a minimum of two (2) spaces shall be provided as Electric Vehicle (EV) charging stations.
a. One (1) additional EV charging station shall be required to be provided for each additional twenty-five (25) parking spaces, inclusive of the charging station.
2. Required EV charging stations may be consolidated in a single location of the parking area or structure.
3. EV charging stations shall be clearly marked and have appropriate signage.
I. Bicycle Parking.
1. In addition to the requirements of Section 1161.06 Bicycle Parking, the following standards apply
a. Number of Required Bicycle Parking Spaces.
i. No development shall be required to provide more than forty (40) spaces.
ii. Required bicycle parking space requirements may be fulfilled with short-term or long-term spaces.
b. Design and Placement of Bicycle Parking Spaces.
i. Bicycle spaces must be no less than two and a half feet (2.5') wide by six feet (6') in length, with a vertical clearance of at least seven feet, as shown in Figure 1150.08(8).
ii. If bicycles can be locked to each side of the rack, each side can be counted as a required space. Where bicycle racks are placed in a parallel series, with each rack thirty-six inches (36") apart, bicycle spaces may overlap up to two feet, as shown in Figure 1150.08(8).
iii. Bicycle parking must be well lit if accessible after dark.
iv. All bicycle parking spaces must be located on a surface with a slope of no greater than three percent (3%).
FIGURE 1150.08(8): BICYCLE PARKING DESIGN
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v. All bicycle racks must be located at least thirty-six inches (36") in all directions from any obstruction, including but not limited to other bicycle racks, walls, doors, posts, columns, or exterior or interior landscaping, as shown in A in Figure 1150.08(8).
vi. Bicycle parking spaces shall be sited to ensure significant visibility by the public or by building users, except in the case of long-term bicycle parking that is located in secure areas only accessible to employees, staff, or residents.
vii. Short-term bicycle parking spaces may be located either on-site or in the public right-of-way, provided the necessary permit is obtained for the installation, and it meets all other requirements of the law. If bicycle racks are located in the public right-of-way, they must provide at least five feet of pedestrian clearance and be at least two feet from the curb.
c. Modification of Requirements.
i. In the event that satisfying the requirements for bicycle parking would be infeasible due to the unique nature of the site or causing an impact that undermines the purpose of the Overlay District, the Planning and Design Commission may reduce the number of bicycle parking spaces required; however, in no case shall the requirement be less than two (2) spaces.
(Ord. 2025-21. Passed 6-10-25.)
1150.09 ACCESS, CIRCULATION, AND CONNECTIVITY STANDARDS.
A. General Provisions.
1. Applicability. The Access, Circulation, and Connectivity Standards shall apply to all projects developed under the regulations of the MAMU Overlay District.
B. Access and Roadway Plan Required.
1. An Access and Roadway Plan shall be submitted for the entire development site. The Access and Roadway Plan shall demonstrate compliance with the standards of this section and shall include the following items:
a. A site plan showing the location and layout of all existing and proposed streets, alleys, driveways, inter-parcel connections, or other connections and traffic circulation on or adjacent to the entire development site.
b. Existing access drives on adjacent parcels and any stub street for future access and connectivity.
c. Newly proposed streets shall be clearly identified as either public or private streets and as either primary or secondary streets.
C. General Standards.
1. Roads and Alleys.
a. Existing and/or proposed streets, public and private, together with open spaces, are required to comprise a contiguous pedestrian network throughout development sites and the adjacent public ROW.
b. All roads within or abutting a development shall be categorized as either a primary street or a secondary street.
i. For developments abutting only one street, that street shall be considered a primary street for the purposes of this Chapter.
c. Any newly proposed public street shall be subdivided and dedicated subject to the requirements of Chapter 1101 Subdivision Regulations.
d. Private streets are permitted.
e. All private streets shall be built to the standards required for public streets.
f. Alleys are allowed only along the rear or side of a parcel.
g. All private streets must include sidewalks on both sides of the street and built to the standards required for public sidewalks.
i. All public and private streets must provide street trees and landscaping subject to Section 1150.10 Open Space, Landscaping, and Screening.
j. New dead-end and cul-de-sac streets are not permitted, although stub streets to adjacent parcels for the purposes offuture connectivity are permitted and must be clearly identified.
2. Driveways.
a. Number of Driveways Permitted.
i. All existing and proposed developments that provide on-site parking or loading must provide a satisfactory means of vehicle access to and from a street, alley, or adjacent parking lot.
ii. The number of driveways shall be limited in accordance with the regulations outlined in Table 1150.09(C).
TABLE 1150.09(C): NUMBER OF DRIVEWAYS PERMITTED
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iii. Developments shall not be limited in the number of driveways accessed via an alley.
iv. Individual developments or phases on the same or separate lots built as part of a larger, approved master development plan will have driveway access determined by measuring the street frontage of the master development plan.
b. Driveway Location and Spacing.
i. Driveways shall be located and designed in a manner that minimizes conflicts with both pedestrians and vehicular traffic.
ii. All surface parking lots and structured parking shall be designed so that driveway access is off of a secondary street or alley, when such secondary street or alley can be accessed from the site. Driveway access to a parking lot may be achieved through an inter-parcel connection to a street or alley, with the approval of the Planning and Design Commission.
iii. Driveways cannot be located within one hundred and fifty feet (150') from any intersection, as measured from the driveway center line to any intersection as shown in A in Figure 1150.09(C), provided, however, that all developments are allowed at least one driveway.
iv. Driveways cannot be located within two hundred and fifty feet (250') from any other existing or proposed driveway along the same street frontage as shown in B in Figure 1150.09(C), provided, however, that all developments are allowed at least one driveway.
v. Distances between driveways shall be measured along the right-of-way line from the center line of the proposed driveway at the right-of-way to the center line at the right-of-way of any other proposed or existing driveway.
c. Design of Driveways.
i. Driveway width shall be measured at the intersection of the public right-of- way, as shown in C in Figure 1150.09(C).
ii. Driveways shall be designed in accordance with the regulations outlined in Table 1150.09(D).
TABLE 1150.09(0): DRIVEWAY DESIGN REQUIREMENTS
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FIGURE 1150.09(C): DRIVEWAY DESIGN
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3. Inter-parcel Connectivity. Wherever possible, parking lots on adjacent properties shall be designed to allow for shared driveway access and internal circulation between the parking areas so as to reduce the number of curb cuts along the street, as shown in D in Figure 1150.09(C).
a. The design of any new parking lot shall anticipate and not preclude future inter-parcel connections from adjoining lots (E), if possible.
4. Abutting Parking Lots. On lots utilizing a cooperative parking agreement or part of a common development, parking areas may abut or cross lot lines.
5. Drive Aisles.
a. The width of any one-way drive aisle shall not be less than ten feet (10').
b. The width of any two-way drive aisle shall not be less than twenty feet (20').
6. Pedestrian Connectivity.
a. A minimum five (5) foot wide sidewalk or internal pedestrian path, physically separated from traffic, shall be provided to connect all areas of the parking lot to convenient pedestrian-oriented building entrances on the site and to any existing adjacent sidewalk networks and transit stops.
b. Pedestrian networks or trail systems identified within the development site must connect to existing or planned pedestrian or trail networks adjacent to the site.
c. Pedestrian circulation required under Section 1150.09(0) may be provided through a pedestrian connection that meets the following standards:
i. The pedestrian connection must provide a minimum width of twenty feet (20') and maximum width of thirty-six feet (36') clearance between building facades and/or public rights-of-way.
ii. The pedestrian connection must include a pedestrian sidewalk, path, or trail that is a minimum of ten feet (10') wide and meets ADA requirements.
iii. If a street frontage exists along the parcel, a pedestrian connection will be considered a side street for all setbacks and other applicable standards of this Overlay District.
d. Pedestrian connections may cross through parking areas but shall include the following:
i. Pedestrian connections shall provide a means of physical separation from parking areas.
ii. Driveway and drive aisle crossings shall be made highly visible through appropriate markings and signage.
D. Large Site Standards
1. Purpose. The intent of these regulations is to establish site connectivity standards that will create a pattern of walkable development by incorporating new streets and blocks, pedestrian-oriented connections, and/or public greenspace.
2. Application. These standards apply to development sites meeting the following criteria:
a. For development sites that have a continuous street frontage greater than three hundred feet (300') but are less than three (3) acres in total size, the requirements of section 1150.09(D)(3) must be demonstrated as part of review by the Planning and Design Commission.
b. For development sites greater than or equal to three (3) acres, an approved Concept Plan is required prior to or concurrent with review by the Planning and Design Commission. See the procedure for Framework Plan in Section 1150.09(D)(4).
c. Applicants may, at their discretion, choose to apply a Concept Plan to development sites less than three (3) acres.
3. Requirements for Sites Less than 3 Acres in Size. These standards are required for development sites that have a continuous street frontage greater than three hundred feet (300') but are less than three (3) acres in total size. See Table 1150.09(E) for the site plan requirements and an example site.
a. Sites must provide a break in the street frontage through one of the following:
ii. Open space pursuant to the requirements of Section 1150.10 Open Space, Landscaping, and Screening; or
iii. Street (private or public}per the requirements of the City of North Olmsted and the Department of Public Service.
iv. Alleys, driveways, and drive aisles are not considered streets or components of the public realm for the purpose of these standards.
b. Breaks in street frontage shall be provided at intervals no greater than three hundred feet (300').
c. Front, side, and rear parcel lines and applicable setbacks must be determined by their adjacency to the identified pedestrian connection, open space, and/or street.
d. Any parcel line adjacent to a pedestrian circulation or open space will be treated as a side yard parcel line and is subject to all applicable standards of the Overlay District.
e. Any parcel adjacent to a street will have its setback determined by the classification of the abutting street, either primary or secondary, and is subject to all applicable standards of the Overlay District.
f. For private roads or other instances where parcel lines are not established, setbacks must be measured from the exterior edge of the sidewalk or curb when there is no sidewalk, and/or the adjacent public open space.
g. Proposed site plans are reviewed for compliance with the standards of this section in addition to the Overlay District standards.
TABLE 1150.09(E): SITE PLAN REQUIREMENTS FOR DEVELOPMENT
SITES WITH 300 OR MORE FEET OF STREET FRONTAGE BUT LESS
THAN 3 ACRES IN SIZE
REQUIREMENT: IDENTIFY THE DEVELOPMENT SITE
The development site is the entire area within the scope of the development, which may include multiple parcels. It shall be delineated through a survey and identify the existing public realm.
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REQUIREMENT: EXTEND THE PUBLIC REALM AND DETERMINE PARCEL ORIENTATION
The public realm must be extended into the development site using one of the following
treatments: a pedestrian connection (A), an open space (B), or new street (C). Treatments shall be at intervals no greater than three hundred feet (300') and must be clearly indicated on a site plan.
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REQUIREMENT: PLACE BUILDINGS AND PROVIDE BUILDING TYPES/USES
Locate buildings and parking per Overlay District standards. Plans should also identify the types or uses of buildings. Building footprints shall conform to massing and modulation standards set forth in Section 1150.07 Design Standards.
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4. Requirements for sites 3 acres in size or greater. In addition to the standards required in section 1150.09(D)(3), a Concept Plan meeting the following standards is required for development sites that are three (3) acres or greater in size. See Table 1150.09(F) for the required Concept Plan procedures and an example site.
a. A Concept Plan may be approved separately or concurrently with the Development Plan review and approval process.
b. In cases where a larger development site incorporates public streets or the subdivision of land, the site plan must be consistent with any associated subdivision plat.
c. Concept plans must depict all blocks, public and private streets, and sidewalks provided as part of the street network as well as any internal pedestrian connections, paths, or alleys.
d. Concept plans shall depict all open space included in the development. Open space must be in accordance with the requirements of Chapter 1150.10 Open Space, Landscaping, and Screening.
TABLE 1150.09(F): CONCEPT PLAN REQUIREMENTS FOR DEVELOPMENT SITES 3 ACRES OR LARGER
REQUIREMENT: IDENTIFY THE DEVELOPMENT SITE
The development site is the entire site within the scope of the development, which may include one or more parcels. The overall development site is delineated through a survey and must identify the existing public realm.
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REQUIREMENT: IDENTIFY AND EXTEND THE PUBLIC REALM TO CREATE NEW BLOCKS
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REQUIREMENT: LOCATE OPEN SPACE
On the Concept Plan, indicate open space(s). Open Space must meet the requirements of Section 1150.10 Open space Landscaping, and Screening.
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REQUIREMENT: PLACE BUILDINGS PER OVERLAY DISTRICT STANDARDS
On the Concept Plan, locate buildings and parking per all standards in Chapter 1150 Mall Area Mixed Use Overlay District. Development of each block may occur in phases. Any parcel line adjacent to a pedestrian circulation, open space, or new street will be treated as a front or side street parcel line. Setbacks along streets will be determined by if the street is classified as a primary or secondary street. Building footprints shall conform to massing and modulation standards set forth in Section 1150.07 Design Standards.
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5. Block Standards for Large Sites
a. Block Configuration. Development sites equal to or greater than five (5) acres must create a series of blocks and streets to break down the site into a walkable pattern. Blocks represent the largest organizing element of the development site. Blocks may contain multiple parcels and/or buildings.
i. Concept Plans must depict the configuration of blocks.
ii. Blocks may be formed by a combination of streets, natural features, including, but not limited to, rivers, streams, and wooded preserves, large designated open space, or other features such as railroads and utilities.
iii. To reinforce the pedestrian scale, individual block lengths and the total block perimeter are required to comply with the standards in Table 1150.09(G) Block Size Standards.
iv. Blocks may be uniquely shaped, provided that the standards in Table 1150.09(G) Block Size Standards are met.
TABLE 1150.09(G): BLOCK SIZE STANDARDS
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E. Modification of Requirements.
1. In the event that satisfying all of the access, circulation, and connectivity requirements would be infeasible due to the unique nature of the site or cause an unintended consequence that undermines the purpose of these requirements, the Planning and Design Commission may increase the number of allowed driveways by up to one, and/or may adjust the spacing of/between driveways, public realm treatments, block length, block Perimeter, and/or half-block lengths up to ten percent (10%) of the distance required, and/or may increase the maximum width of driveways and lanes up to ten percent (10%) of the allowed width.
(Ord. 2025-21. Passed 6-10-25.)
1150.10 OPEN SPACE, LANDSCAPING, AND SCREENING.
A. Purpose. To enhance the aesthetic quality and environmental sustainability by providing greenspace to protect pedestrian spaces and ecologically sensitive areas from the negative impacts of development. This section includes requirements for the inclusion, design, installation, and maintenance of open spaces, landscaping, and screening in the Mall Area Mixed Use Overlay District. This section also includes all standards, requirements, and incentives for the inclusion of green infrastructure.
B. Applicability. The Open Space, Landscaping, and Screening Standards shall apply to all projects developed under the regulations of the Mall Area Mixed Use Overlay District.
C. Plans Required.
1. Landscape Plan Required. A Landscape Plan shall be submitted for the entire development site. The Landscape Plan shall demonstrate compliance with the standards of this section and shall include the following items:
a. A site plan showing the location of all existing and proposed landscaping, open space, screening, and other site features as well as those natural features to remain.
b. The location and square footage of existing and proposed parking areas and all required landscaping.
c. The location of all required or proposed landscape screens or buffers.
d. Property boundaries, building location(s), parking lot layout, service areas, mechanical equipment, bicycle and pedestrian facilities, adjacent rights-of way, north arrow, and scale.
e. The location, size, and names, both botanical and common, of all existing trees, shrubs, and other plants that will be saved or maintained on site.
f. The location, quantity, size at planting and at maturity, and names, both botanical and common, of all proposed planting materials, including ground cover.
g. Location and function of water quality features such as raingardens, bioswales, or vegetated bioretention cells, including substrates, flow, grading, and plant materials.
h. Any other information and data deemed necessary and requested by the Economic & Community Development Director.
2. Streetscape Plan Required. A Streetscape Plan shall be submitted for the entire development site. The Streetscape Plan shall demonstrate compliance with the standards of this section and shall include the following items:
a. A plan showing the location and relationship between vehicular and pedestrian traffic, and all existing and proposed bicycle and pedestrian facilities, street and sidewalk lighting, landscaping, street furniture, lighting fixtures, trash receptacles, and transit stops.
b. Location and function of water quality features such as raingardens, bioswales, or vegetated bioretention cells, including substrates, flow, grading, and plant material
c. Property boundaries, building location(s}, parking lot layout, bicycle and pedestrian facilities, adjacent rights-of way, north arrow, and scale.
d. Specifications, drawings, and/or photographs for all street furniture, trash/ recycling receptacles, attractions or gathering spaces, and other constructed or installed amenities such as bike racks, bus shelters, etc.
e. The location, quantity, size at planting and at maturity, and names, both botanical and common, of all proposed planting materials, including ground cover.
f. Any other information and data deemed necessary and requested by the Economic & Community Development Director.
3. Public Open Space Plan Required. A detailed Public Open Space Plan shall be submitted for areas dedicated as public open space that demonstrate compliance with the standards of this section and shall include the following items:
a. The location, acreage, and dimensions of the Public Open Space.
b. Specifications, drawings, and/or photographs for all street furniture, trash/ recycling receptacles, attractions or gathering spaces, and other constructed or installed amenities such as bike racks, bus shelters, etc.
c. The location, quantity, size at planting and at maturity, and names, both botanical and common, of all proposed planting materials, including ground cover.
d. Location and function of water quality features such as raingardens, bioswales, or vegetated bioretention cells, including substrates, flow, grading, and plant material.
e. Any other information and data deemed necessary and requested by the Economic & Community Development Director.
4. Maintenance Plan Required. A Maintenance Plan shall be submitted for all landscaping, streetscaping and open space in the entire development site. The Maintenance Plan shall describe how the landscaping, streetscaping, and open space will be maintained and who will be responsible for ensuring their long-term maintenance to the standards of this Chapter.
D. Landscaping and Plant Material.
1. Landscaping, Generally. Landscaping, such as ornamental trees, flowering shrubs, and perennials should be used to define project boundaries, enhance drives and other points of ingress/egress, define public entrances to buildings, soften walls and fences, and line foundations.
2. Existing Natural Features. Landscaping should seek to incorporate and protect existing natural features, especially important stands of trees, plant communities, wetlands, and riparian zones.
3. Disturbed Areas. All areas disturbed by grading that are not built upon, paved, or retained as a natural area shall contain sod, be seeded, or defined as a landscape planting bed with approved vegetation, ground covers, shrubbery and trees with a mulch cover, unless specifically approved as part of the overall Landscape Plan.
4. Type, Quality. and Appropriateness.
a. All plant materials shall be hardy to Cuyahoga County, as identified by the most recent USDA Plant Hardiness Zone Map, and free of disease and insects. See Appendix A "Tree and Plant Lists" of th is Planning and Zoning Code for a list of desirable and acceptable species.
b. No invasive or undesirable species shall be permitted. See Appendix A Tree and Plant Lists for a list of desired and prohibited trees and plants. The Economic & Community Development Director may also identify additional undesirable plant species that are prohibited based on consultation with appropriate landscape, agriculture, and horticulture professionals.
c. Tree and landscaping plants shall be a mix of deciduous and evergreen plants to provide year-round interest, beauty, and screening. Trees and landscaping plants shall be selected that are of good quality, require minimal maintenance, and can withstand the extremes of individual site microclimates as determined by the City.
i. Large shade trees must have a minimum canopy spread at maturity of thirty feet (30').
ii. Small shade or ornamental trees must have a minimum canopy spread at maturity between fifteen feet (15') and thirty feet (30').
d. Native or naturalized plants.
i. Total site: a minimum of seventy-five percent (75%) of total required vegetated area on the site shall be native or naturalized plant material.
ii. Existing, non-invasive vegetation may be counted toward meeting the minimum requirements of th is section provided it is in healthy condition and undisturbed during development and construction activities as determined by the City.
iii. A list of desirable Ohio trees and native vegetation can be found in Appendix A of this Planning and Zoning Code and/or through the Ohio Department of Natural Resources.
5. Sustainability. Where feasible and appropriate, landscaping shall incorporate sustainable practices, including:
a. Use of native, naturalized and pollinating species;
b. Use of on-site water management and infiltration through the installation of bioswales, raingardens, or vegetated bioretention cells, and filter strips where possible.
i. This should occur within the pedestrian zone of street rights-of-way; within required parking lot screening or landscaped islands; and within public open spaces.
ii. Plant materials for bioswales and other vegetated stormwater features shall be appropriate for wet conditions and shall be reviewed and approved by the City Engineer. The City Engineer and the developer or Applicant may consult with appropriate agencies for guidance.
iii. Use of pervious pavement and pavers is preferred in paved areas for foot traffic along streets and within Public Open Spaces.
6. Planting, Installation, and Maintenance.
a. Trees:
i. Size: At the time of planting, large shade trees and small ornamental trees shall be a minimum height of eight feet (8') and a minimum caliper of three inches (3"). Evergreen trees shall be at least seven feet (7') in height.
ii. All trees shall be properly guyed, wrapped and mulched, and planted in a method that meets or exceeds ISA standards and conforms to the approved Streetscape Plan.
iii. Planting cages and burlap wrappings shall be removed.
b. All shrubs must be at least two feet (2') in height at time of planting.
c. ree preservation and protection shall be in accordance with Chapter 950 Preservation and Tree Management of the the City of North Olmsted Code of Ordinances.
d. Maintenance:
i. The owner of the premises shall be responsible for the maintenance, repair, and replacement of all landscaping materials to the specifications of the approved landscape plan.
ii. All landscaping materials shall be maintained in good condition so as to present a healthy, neat, and orderly appearance.
iii. Performance and maintenance bonds shall be furnished to the City for all landscaping requirements in accordance with Chapter 1101.04.
e. Amendments to the Approved Landscape Plan. Landscaping plans may be amended pursuant to process laid out in Section 1126.08 Amendments to Development Plan.
E. Public Open Space Standards.
1. Public Open Space Required. Developments on sites of one (1) acre or larger shall dedicate at least fifteen percent (15%) of the site to Public Open Space.
a. Sites located within six hundred feet (600') of an existing, publicly owned open space that provides comparable or greater recreational or open space amenities shall dedicate 10% of the site to Public Open Space.
2. Size. Except for pedestrian streets or passages, at no point shall any open space area measure less than thirty-five feet (35') in width or length. Pedestrian streets or passages shall be a minimum of twenty feet (20') wide.
3. Landscaping. At least thirty percent (30%) of the total combined Public Open Space shall be landscaped, such that centralized plazas or areas for events can have lower total plantings than other dedicated open spaces.
a. Trees: At least fifteen (15) large shade trees and ten (10) small or ornamental trees are required per acre of total open space
b. The remainder of the required landscaped area shall be landscaped with a combination of shrubs and other native or naturalized plantings, fifty percent (50%) of which shall be evergreen.
4. Pervious Surface. Public Open Space may incorporate a mixture of hardscapes and planting zones, but total combined open spaces shall be at least fifty percent (50%) pervious surface. Pervious surface may be in the form of plant materials, mulch, or pervious concrete or pavers.
5. Form. Required Public Open Space shall be in the form of designated areas for active or passive recreation, such as parks, plazas, courtyards, landscaping, rooftop gardens, playgrounds, and pedestrian streets.
a. To count toward Public Open Space requirements, rooftop gardens must be made available to all tenants and/or visitors of a building, at no cost, from sunrise to sunset daily or during the hours of operation of the building, whichever results in a longer period of time.
6. Accessibility. To count towards minimum open space requirements, the required open space shall be conveniently accessible by sidewalk or internal pedestrian path to all buildings and parking lots on the site. To the extent feasible, linear open space corridors shall be provided to facilitate pedestrian and bicycle connectivity.
7. Restrictions.
a. The following features cannot be counted toward minimum open space requirements:
i. Street tree lawns and tree or landscaping islands;
ii. Areas required for buffering or screening; and
iii. Regulated floodway, stream corridor protection zones, and stormwater features, including, but not limited to, detention ponds and swales.
b. Mechanical and utility equipment cannot be located within required open space areas.
c. Open space shall not be used for parking, loading, or vehicular access except emergency or maintenance vehicular access.
F. Streetscaping Standards.
1. Adherence with adopted plans. Where a streetscape plan has been adopted, the arrangement and design of streetscapes should be consistent with the intent of that plan.
2. Tree lawns. All streets shall have a tree lawn that separates the sidewalk from the roadway. Tree lawns shall be the primary location of trees and landscaping features. Different requirements exist between primary streets, secondary streets, and existing MAMU Overlay District boundary streets and are identified below:
a. MAMU Overlay District Boundary Streets and Primary Streets. Tree lawns shall be at least eight feet (8') in width (A in Figure 1150.10(D)) and shall be planted or landscaped according to the following:
i. Street Trees:
(1) At least five (5) different types of approved shade trees shall be used.
(2) A minimum of one shade tree shall be planted every thirty feet (30') on-center (B), on average, regardless of driveways or curbs cuts along the street front (C).
(3) A minimum of two (2) large tree shall be planted for every one hundred and twenty feet (120') of street frontage for the development site (D).
(4) Where overhead utilities exist, one small tree shall be planted every twenty feet (20') on-center, on average.
(5) Street trees shall be at least twenty feet (20') from street intersections (E) and ten feet from fire hydrants or utility poles.
ii. Two (2) shrubs or one (1) ornamental tree shall be planted for every twenty feet (20') of frontage, on average (F). Fifty percent (50%) of these should be evergreen.
iii. Spacing is measured as an average to account for driveways, utilities, bus boarding and alighting areas, and other potential conflict points.
iv. At least twenty-five percent (25%) of the tree lawn area, at ground level and exclusive of the area devoted to required street trees and shrubs, shall be landscaped (G). Landscaping can be in-ground or in planters. If the tree lawn cannot accommodate this requirement, landscaping may be introduced in other areas of the pedestrian zone, so long as a minimum of four feet (4') is maintained for pedestrian travel.
v. In areas where on-street parking is to be located the minimum tree lawn may be reduced to zero feet (0') (A in Figure 1150.10(E)), however the requirement for street trees in Section 1150.10(F)(2) shall still be met.
(1) On-street parking may not be located within fifty feet (50') of an intersection (B).
(2) In areas with on-street parking, a minimum of twenty-five percent (25%) of the length of the street front shall be landscaped (C) to a minimum width of four feet (4') (D). This requirement may be reduced in order to maintain the required pedestrian clearance for sidewalks.
(3) Requirements for street trees, shrubs, ornamental trees, and other plantings required for the tree lawn area may be met through the use of landscape areas, planters, or other appropriate method approved by the Planning and Design Commission.
b Secondary Streets: Tree lawns shall be at least five (5) feet in width (H) in Figure 1150.10(D)) and shall be planted or landscaped according to the following:
i. Street trees:
(1) At least five (5) different types of approved trees shall be used.
(2) A minimum of one (1) shade tree shall be planted every twenty feet (20') on center (I), on average, regardless of curb cuts.
(3) Street trees shall be at least twenty feet (20') from street intersections and ten feet from fire hydrants or utility poles.
ii. One (1) shrub or ornamental tree shall be planted for every twenty feet (20') of frontage (J). Fifty percent (50%) of these should be evergreen.
iii. Spacing is measured as an average to account for driveways, utilities, bus boarding and alighting areas, and other potential conflicts.
iv. t least fifteen percent (15%) of the tree lawn, exclusive of the area devoted to required street trees and shrubs, shall be landscaped. Landscaping can be in-ground or in planters. If the tree lawn cannot accommodate this requirement, landscaping may be introduced in other areas of the pedestrian zone, so long as a minimum of four feet (4') is maintained for pedestrian travel.
FIGURE 1150.10(D): TREE LAWNS WITHOUT ONSTREET PARKING
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FIGURE 1150.10(E): TREE LAWNS WITH ON-STREET PARKING
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v. In areas where on-street parking is to be located the minimum tree lawn may be reduced to zero feet (0'), however the requirement for street trees in Section 1150.10(F)(2) shall still be met.
(1) On-street parking may not be located within thirty-five feet (35') of an intersection.
(2) Requirements for street trees, shrubs, ornamental trees, and other plantings required for the tree lawn area may be met through the use of landscape areas, planters, or other appropriate method approved by the Planning and Design Commission.
(3) In areas with on-street parking, a minimum of fifteen percent (15%) of the length of the street front shall be landscaped to a minimum width of four feet (4'). This requirement may be reduced in order to maintain the required pedestrian clearance for sidewalks.
3. Landscaping at Intersections. A minimum of forty percent (40%) of the street front along corners facing any street intersection shall be landscaped to a minimum depth of four feet (4'), except where a required tree lawn provides for a wider landscaping area. The street front along corners shall include the first fifty feet (50') along each street of the intersection, exclusive of where pedestrian crosswalks intersect the street curb (E in Figure 1150.10(E)). This requirement may be reduced in order to maintain the required pedestrian clearance for sidewalks.
4. Sustainability. Every effort shall be made to create streets that are "green streets" that utilize the best practices in terms of sustainability. In addition to those items described in Section 1150.10(D)(5), the following sustainability features are encouraged:
a. Use of constructed shade where tree canopy is insufficient, or trees cannot be planted.
b. Use of lighter-colored construction materials to reduce heat island effect.
c. One (1) trash and one (1) recycling receptacle should be placed for every 600 feet on primary streets and for every 1,000 feet on secondary streets. Receptacles shall be decorative and made of quality material such as concrete, painted metal, or other durable materials.
5. Clearance. Streetscaping shall preserve the minimum clear walking space of a sidewalk or all-purpose trail.
a. The area from the back of the curb to the fa~ade or side of the building or parking lot, including the tree lawn and sidewalk, must meet all local standards and ADA specifications.
b. Street trees shall be limbed at a maximum of eight feet (8') above sidewalk and all-purpose trail grade to allow for safe movement of pedestrians and cyclists.
6. Sight lines. Streetscaping shall preserve all necessary sight lines and triangles at intersections and pedestrian crossings. No tree shall be planted within twenty-five feet (25') of an intersection.
7. Coordinated. The design of streets, pedestrian zones, landscaping, lighting, and street furniture shall be coordinated and integrated throughout the site.
G. Parking Lot Landscaping and Screening Standards.
1. Perimeter Screening.
a. All surface parking lots must meet perimeter screening requirements.
b. Where a parking lot (or drive aisle or other type of area designed for motor vehicles) is located within twenty feet (20') of a lot line, internal or external street, or abuts a residential zoning district, perimeter screening of Type A or Type B is required, in accordance with Table 1150.10(H) Perimeter Screening Types and Figure 1150.10(F) Perimeter Screening Types.
TABLE 1150.10(H): PERIMETER SCREENING TYPES
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FIGURE 1150.10(F): PERIMETER SCREENING TYPES
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c. Landscape screening along front yards and corner side ya rds shall consist of dense evergreen or dense deciduous shrubs. Landscaping in rear and interior side yards shall consist of dense evergreen landscaping.
d. Perimeter screening shall have a minimum height of three (3) feet at maturity. The minimum height of shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than the minimum required height.
e. Required perimeter screening may be located within required setbacks.
f. Transit stop amenities such as shelters, benches, and an associated concrete pad may be located within the landscape strip and must meet Greater Cleveland Regional Transit Authority (GCRTA) requirements.
g. Screening requirements may be exempted in those areas where the parking lot abuts a raingarden, bioswale, or vegetated bio retention cell, other landscaping, art, or signage features, or impact traffic sight lines, at the discretion of the Planning and Design Commission.
2. Interior Landscaping.
a. All surface parking lots designed for twenty (20) or more parking spaces, or five thousand square feet (5,000 s.f) of paved surface, must devote at least five percent (5%) of the interior parking area to landscaping, as shown in Figure 1150.10(G).
b. For every forty (40) parking spaces (or for every ten thousand square feet (10,000 s.f.) of paved surface), parking lots shall:
i. Incorporate one (1) vegetated bioretention cel l and be installed below the level of the parking lot surface to allow for runoff capture. Bioretention cells may count towards interior landscaping island requirements, so long as they meet size requirements in this section.
ii. Have at least five percent (5%) of total paved surface be pervious pave rs or concrete.
c. Interior islands should be distributed regularly throughout the parking lot. Interior islands may be consolidated, or intervals may be expanded, in order to preserve existing trees.
d. An interior island must be a minimum of eight feet (8') in width and one hundred square feet (100 s.f.) in area. Each island must include at least one large tree or two small trees, as shown in Figure 1150.10(G).
e. Interior islands may be installed below the level of the parking lot surface to allow for runoff capture.
f. Interior islands must be protected by wheel stops or a six inch (6") curb; curbs may be crenelated where necessary to direct stormwater runoff.
g. Multiple parking lots contained on a single site and any separate parking areas connected with drive aisles are considered a single parking area.
FIGURE 1150.10(G): INTERIOR LANDSCAPING
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3. Shade. Shading of parking lots is required. Parking lots shall incorporate one or a combination of the following to provide shade and mitigate heat island effects:
a. Tree planting: at least two large shade trees, or four (4) small shade trees, shall be planted for every sixteen (16) parking stalls on site. Trees can be placed in the perimeter screening area or within interior islands. Street trees may be counted towards this requirement so long as they are within thirty feet (30') of the parking area.
b. Solar panel canopy: A solar panel canopy may be constructed over the parking area to capture energy and provide shade in accordance with Chapter 1155 Solar Energy Systems. In this case, no trees will be required along the perimeter or within interior islands.
H. Screening and Buffering.
1. Project Buffering.
a. For all buildings, parking lots, or parking garages abutting the perimeter of the project boundaries, a buffer shall be installed that conforms to the standards set forth in Table 1150.10(1).
TABLE 1150.10(1): PROJECT BUFFERING
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b. A buffer zone shall be requ ired even where the adjacent property is unimproved.
c. In addition to the requirements in Table 1151.10(1), the buffer zone shall be planted with plant material, seventy-five percent (75%) of which shall be native or naturalized, or shall be preserved in a natural wooded state.
d. Stormwater management facilities may be located in the buffer zone provided they do not reduce the screening effect.
e. Buffer zones may be required to incorporate berms if the reviewing authority determines berms are necessary. Berm design shall comply with Section 1139.08 of this Zoning Code.
f. Exceptions: A buffer zone shall not apply where the Planning and Design Commission determines that existing natural conditions are such that a lot cannot reasonably accommodate a required buffer or where existing natural conditions on the lot act as a buffer.
2. Outdoor Storage and Waste Disposal Facilities.
a. Permitted outdoor storage and waste disposal facilities shall be located within the building or in the rear yard only and shall be screened when adjacent to a residential lot or visible from a public street.
b. Outdoor storage and waste disposal facilities shall be completely screened by a masonry enclosure with a closeable vinyl or wooden gate. Screening must be a minimum of six feet (6') in height and at least ninety percent (90%) opaque.
c. Temporary storage of materials for construction on the premises may be located outdoors and does not require screening.
3. Mechanical and Electrical Equipment.
a. Mechanical and electrical equipment cannot be located in a front yard or in a side yard when the side yard abuts a street (not including an alley).
b. Mechanical and electrical equipment shall be completely screened by a combination of walls, fencing, or hedges. Screening must be at least six (6) inches higher than the topmost point of the equipment being screened and must be at least seventy-five percent (75%) opaque.
I. Modification of Requirements.
1. In the event that satisfying all of the open space, landscaping, and screening requirements would be infeasible due to the unique nature of the site or cause an unintended consequence that undermines the purpose of these requirements, a property owner (or designee) may submit a written request to the Planning and Design Commission for a modification of the requirements.
2. The Planning and Design Commission may decrease the required open space to five percent (5%) of the site, may reduce the required number of t rees by ten percent (10%), may reduce interior parking lot landscaping by up to ten percent (10%), and may reduce the width of landscape strips by two feet (2').
3. The Planning and Design Commission may reduce the required width of public open space to facilitate pedestrian or bicycle connectivity on the site or between adjacent sites.
(Ord. 2025-21. Passed 6-10-25.)
1150.11 EXTERIOR LIGHTING.
A. An exterior lighting plan shall be required for any development under the MAMU Overlay District and shall include the following:
1. A site plan to scale of no less than 1 inch= 30 feet showing location of all exterior light fixtures, controllers and transformers. Include property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, north arrow and scale.
2. Specifications, cut sheets and/or drawings for all exterior light fixtures, poles, conduit and appurtenant construction. A description of any dimming systems or other proposed lighting controls.
3. A photometric plan defining the limits of each lighting calculation area where illumination is proposed plotting the light levels in footcandles on the ground. The limits of each lighting calculation area shall be clearly indicated by a solid line border, shading or other clear method. Maximum illuminance levels should be expressed in footcandle measurements to the nearest 0.1 footcandle on a grid of the site showing footcandle readings at no greater than a 10-foot square. The grid shall include light contributions from all sources on the site (i.e. pole mounted, wall mounted, and sign). Show footcandle readings five feet beyond the property lines.
4. A calculation summary indicating footcandle levels on the photometric plan, noting the minimum, maximum and average footcandles; light loss factor; and uniformity ratios for each lighting calculation area. Include in the summary lamp wattages of all proposed luminaires and mounting heights of fixtures.
5. Any other information and data reasonably necessary to evaluate the required lighting plan.
B. Illumination of Parking Areas
1. Exterior illumination of parking areas in the Mall Area Mixed Use Overlay District shall be permitted in accordance with the provisions and regulations of Section 1161.10 Illumination of Parking Lots of this Zoning Code, except as specifically modified in this section.
a. Illumination levels within parking structures shall have a minimum average illumination of 1 foot candle throughout all parking levels including pedestrian areas and entrances.
C. General Standards
1. Exterior lighting fixtures shall be installed in a manner to prevent light pollution in the forms of light trespass and glare and to preserve, protect and enhance the character of the City.
a. All exterior pole lighting fixtures used to illuminate streets, sidewalks, pedestrian walkways, plazas and public open space shall be full cut-off and shall be arranged to deflect the light away from adjoining properties and adjacent streets. Exterior building lighting fixtures used to illuminate sidewalks, entrances and service areas shall also be full-cutoff fixtures.
2. The illumination level at the property line of a parcel adjacent to a residential zoned district shall not exceed one foot candle power.
3. Where used to illuminate signs or for decorative effects or for recreational facilities, such as for building, landscape, or recreational field illumination, all outdoor light fixtures shall be shielded and focused to minimize shining into the sky and upon neighboring properties.
4. Developments shall provide street lighting for the illumination of public and private roadways in accordance Chapter 1101 Subdivision of this Zoning Ordinance and to the standards set forth in Table 1150.11(G).
5. Developments shall provide pedestrian lighting for the illumination of buildings, streetscapes, pedestrian paths, and other public areas in accordance with this section and the standards set forth in Table 1150.11(G).
6. The average illumination levels shall not be less than or exceed those required for each lighting calculation area type. A lighting calculation area shall be defined as any area where the illumination level equals or exceeds 0.2 footcandle. A light lost factor (LLF) as recommended by the manufacturer subject to approval by the city may be applied to all calculations. Illumination levels are identified in Table 1150.
TABLE 1150.11U): ILLUMINATION STANDARDS
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7. A permanent dimming system or other permanent controls may be used to reduce the illumination level of any fixture in order to meet the required illumination levels; however, in no case shall the dimming system or other control be permitted to reduce the illumination level of any fixture more than 15% in order to meet the required illumination levels during normal business hours.
8. Pedestrian and street lights shall be a minimum five (5) feet from any driveway and shall not interfere with driver sight lines.
9. Pedestrian lights shall be a maximum of 14 feet in height.
10. Street lights shall be a maximum of 30 feet in height.
11. Street lights shall not be used as a primary means to light pedestrian areas and should be focused to light public or private roadways.
12. Pedestrian and street lights may share a pole, however lights shall not be mounted higher than permitted for each specific light type.
13. Pedestrian and street lights shall reflect the scale and character of proposed buildings. The Planning and Design Commission my include guidance on the design and appearance of new street and pedestrian lights in an adopted design manual per Section 1150.07(C).
(Ord. 2025-21. Passed 6-10-25.)
1150.12 SIGNS.
A. Signage in the Mall Area Mixed Use Overlay District shall be permitted in accordance with the provisions and regulations of Chapter 1163 Signs of this Zoning Code, except as specifically modified in this section.
B. Additionally Permitted Signs.
1. In addition to those permitted in Section 1163.12 Sign Allowances, the following sign types are permitted in the MAMU Overlay District.
a. Vertical Blade Sign. A tall, narrow, two-sided sign that is attached to and projecting perpendicularly from the facade of a building. Vertical blade or signs are intended to be viewed by pedestrians and motorists from a distance.
i. Standards.
(1) No portion of the sign may project above the roof-line of the facade to which it is attached.
(2) Blade signs may be internally lit if the background is opaque and the lettering is up to fifty percent (50%) of the surface area of the sign.
(3) Channel letters and/or graphic elements may be backlit.
TABLE 1150.12(K): VERTICAL BLADE SIGN DIMENSIONAL STANDARDS
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b. Sidewalk Sign. A portable, two-sided sign that is placed on the sidewalk daily. Sidewalk signs are intended to be viewed at close range by pedestrians on the same side of the street.
i. Standards.
(1) One (1) sidewalk sign is permitted per ground story tenant
(2) Sidewalk signs may be placed outdoors on-site or on a public sidewalk during business hours and must be removed when the business is closed.
(3) Sidewalk signs displayed on a public sidewalk are prohibited from encroaching into the walkway of the sidewalk or interfering with pedestrian travel in any way.
(4) A sidewalk sign is not permitted to be illuminated or contain any electronic components.
TABLE 1150.12(L): SIDEWALK SIGN DIMENSIONAL STANDARDS
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c. Display Case. A wall mounted, lockable, framed cabinet with a transparent window to display changeable information. Display cases are intended to be viewed at close range by pedestrians.
i. Standards.
(1) Display cases must be attached to the facade or wall of a recessed storefront entrance.
(2) Display cases may be internally or externally illuminated.
TABLE 1150.12(M): DISPLAY CASE DIMENSIONAL STANDARDS
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d. Wall Mural. A sign that is attached to or directly painted on to the exterior wall of a building. Wall murals are intended to be viewed by pedestrians and motor vehicles from a distance.
i. Standards.
(1) Up to twenty percent (20%) of the su rfa ce area of the wall mural may be lettering or logos.
(2) Only external illumination is permitted.
TABLE 1150.12(N): WALL MURAL DIMENSIONAL STANDARDS
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e. Skyline Sign. A sign erected on or mounted to the uppermost horizontal architectural band of a building to identify the name of the building or primary commercial establishment. Skyline signs are intended to be viewed by pedestrians and motorists from a distance and serve as an icon for the building.
i. Standards.
(1) Skyline signs are only permitted on buildings 3 stories tall or taller.
(2) No portion of a skyline sign is permitted to extend below the start of the highest story of a building or above the roof line, parapet wall, or cornice of the top portion of a facade and is prohibited from covering windows or architectural details.
(3) Only internal illumination is permitted.
TABLE 1150.12(0): SKYLINE SIGN DIMENSIONAL STANDARDS
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f. Monument Sign. A sign built on a continuous base and mounted to the ground to identify the name of and entry to a development within the MAMU Overlay District. Monument signs are intended to be viewed by pedestrians and motorists from a distance.
i. Standards.
(1) Monument Signs may only display the name, logo, or tag line for the development, building, or businesses at the location.
(2) Buildings or development may be permitted to have multiple tenants identified on a monument sign at the discretion of the Planning and Design Commission.
(3) Internally lit panels or cabinets are prohibited on monument signs. Signs shall be externally lit or use individual internally lit or back-lit channel letters or elements.
(4) Monument signs shall be made of high quality materials such as brick, stone, masonry, glass, metal or other materials deemed appropriate by the Planning and Design Commission.
TABLE 1150.12(P): MONUMENT SIGN DIMENSIONAL STANDARDS
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g. Information and Wayfinding Kiosks. A sign built in a metal cabinet, base, or attached to a building that provides wayfinding, location, local destinations and attractions, events and other information. Information and Wayfinding Kiosks are intended to be viewed at close range by pedestrians.
i. Standards.
(1) Information and Wayfinding Kiosks may be digital and interactive.
(2) Kiosks may be integrated into a building facade. Kiosks integrated into a building facade must not project more than six inches from the building facade.
(3) Digital kiosks may have changing displays, but shall not produce any flashing or excessively bright, loud or distracting effects.
(4) Kiosks must provide information and wayfinding for the development, including maps and directories, as well as other items such as events, special announcements, etc.
TABLE 1150.12(Q): INFORMATION AND WAYFINDING KIOSKS DIMENSIONAL
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C. Additional Sign Standards.
1. Sign Area.
a. Maximum permitted building sign area is determined for each individual facade of a building and shall be based on the lineal footage of each building facade.
i. Each building facade shall be permitted one (1) square foot of signage per lineal foot of frontage of that facade.
ii. Permitted building sign area may be used towards the placement of wall, vertical blade, skyline, canopy, and projecting signage. For wall mural signs, only the twenty percent (20%) including lettering or logos will be counted towards the maximum permitted building sign area.
b. The maximum building sign area permitted for an individual unit within a building shall be one square foot (1 s.f.) of signage per lineal foot of the units facade frontage, provided that unit has an exterior entrance.
2. Illumination.
a. Cabinet signs are prohibited in the MAMU Overlay District.
b. Channel letters, symbols, and other individual elements may be used for or as part of permitted sign types and may be internally lit or back-lit.
c. If a raceway is necessary, it cannot extend in width or height beyond the area of the sign.
d. A raceway must be finished to match the background wall or canopy or integrated into the overall design of the sign.
3. Window signs.
a. Window signs must be applied directly to inside of the window or door glass, at or above eye level, and have a transparent background.
b. Information type is limited to business name, logo, hours of operations, and product types. Additional information is prohibited.
c. Signs may not be placed so as to form a continuous border around the edge of a window or door.
(Ord. 2025-21. Passed 6-10-25.)
1150.13 DEVELOPMENT PLAN REVIEW AND APPROVAL.
A. General Provisions. Development Plan Review and Approval shall conform to the requirements of Chapter 1126 Development Plan Review, except as modified in this Chapter.
B. Preapplication Meeting Required. For any proposed or potential development under the MAMU Overlay District, the Applicant shall schedule a preapplication meeting with the Economic and Community Development Director to discuss the proposed development project as it relates to zoning requirements and review standards. The Applicant shall provide a generalized development site plan or sketch drawing for discussion purposes at this meeting.
C. Additional Development Plan Requirements. In addition to the requirements identified in Section 1126.06 Development Plan Requirements, development plans shall include all plans and information as required in this Chapter.
D. Development Plan Approval. In addition to the criteria identified in Section 1126.07 Development Review Criteria, development plans shall demonstrate support of the stated purposes of the Mall Area Mixed Use Overlay District and meet the standards herein.
E. Phased Development. An Applicant, having obtained final approval of a development plan, or contemporaneously with such approval, may complete the development in progressive stages subject to such terms and conditions as may be established by the Planning and Design Commission.
1. Master Development Plan Required. A Master Development Plan shall be submitted as part of the review process and provide the following information:
a. Identify the different phases of the project and the improvements included within each phase.
b. A general program and schedule for the progression of the implementation of each phase, including the sequence in which they are to be implemented.
c. Phased developments shall progress sequentially as identified in the Master Development Plan unless appropriately amended.
d. Each phase of the development plan shall be selected and designed so as to function as a standalone development in the event that future phases are not completed.
2. Subdivision of Land. The installation of new roads and/or the subdivision of land as part of a development shall meet the requirements of Section 1101 Subdivision Regulations.
3. Amendments of Master Development Plans. Amendments to Master Development Plans shall conform to the process identified in Section 1126.08.
4. Expiration of Master Development Plans. Development of each successive phase shall commence within one (1) year of issuance of the final building permit for the previous phase or the approval for the Master Development Plan shall expire.
5. Extension of Master Development Plans. Upon request from the Applicant or approval holder, the Economic and Community Development Director may grant one (1) extension of up to twelve (12) additional months provided that:
a. The Applicant provides the Economic and Community Development Department with a written request for an extension no less than ten (10) business days prior to the date of expiration of the original development plan approval;
b. There are no changes in the project; and
c. The zoning of the property is the same as when the project was approved.
1151.01 PURPOSE.
These regulations are established to provide for the construction and use of Wireless Telecommunication Facilities in the City. The regulations allow Wireless Telecommunication Facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§ 151 et seq.) and the interests of the City in regulating Wireless Telecommunication Facilities for the following reasons:
(a) To provide for orderly development within the City;
(b) To protect property values;
(c) To maintain the aesthetic appearance of the City, including, but not limited to, its residential character, unobstructed open spaces and attractive commercial and office/industrial areas;
(d) To protect residential properties, parks, open spaces and less intensively used commercial zoning districts in the City from the adverse effects of Towers and related Facilities;
(e) To promote Collocation of Wireless Telecommunications Facilities in order to decrease the total number of Towers in the City;
(f) To provide for and protect the health, safety and general welfare of the residents and visitors of the City; and
(g) To maintain, where possible, the integrity of the existing zoning regulations contained in the Zoning Code.
The regulations establish a hierarchy of acceptable land areas for the location of Wireless Telecommunication Facilities through the establishment of such use as a permitted use in certain zoning districts, as a conditional use in certain zoning districts and in overlay zoning districts ("Wireless Telecommunication Facilities Overlay District" or "WTFO District"), or as a permitted accessory use for the erection of Antennas only without a supporting structure, which determination is dependent upon the location and characteristics of such land areas.
Where applicable, the regulation governing the Wireless Telecommunication Facilities Overlay District shall control and supersede wherever it is inconsistent with other provisions of the Zoning Code. If no inconsistency exists between the provisions of this WTFO District and the underlying Zoning District, the underlying Zoning District regulations and other provisions of this Zoning Code shall remain in full force and effect and shall regulate all land use and development.
(Ord. 98-130. Passed 2-1-00.)
1151.02 DEFINITIONS.
As used in this section:
(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) 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 Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City.
(f) "Telecommunication(s)" means the technology that 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", "Antenna" or "Antenna Array" means the physical device or an array of elements constituting a physical device through which an electromagnetic, wireless telecommunication signal authorized by the FCC is transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(h) "Wireless Telecommunication Equipment Shelter" or "Equipment Shelter" means the structure or cabinet in which the electronic receiving and relay equipment for a Wireless Telecommunication Facility is housed.
(i) "Wireless Telecommunication Facility" or "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" or "Tower" means any structure, other than a building, that elevates the Wireless Telecommunication Antenna and may include accessory transmission and receiving equipment.
(Ord. 98-130. Passed 2-1-00.)
1151.03 APPLICABILITY.
No person shall construct, erect, maintain, extend or remove a Wireless Telecommunication Facility in the City without compliance with the provisions of this Chapter.
(Ord. 98-130. Passed 2-1-00.)
1151.04 USE REGULATIONS.
(a) Permitted Use.
(1) A Wireless Telecommunication Tower shall be permitted in any interstate highway right-of-way.
(2) A Wireless Telecommunication Tower shall be permitted on or within an easement or parcel used for electric high tension power lines on support towers.
(b) Conditional Use.
(1) A Wireless Telecommunication Tower may be permitted as a conditional use upon approval by the Planning and Design Commission through submission of an application to the Building Official, provided the applicant demonstrates compliance with each of the Collocation requirements in subsection (b)(2) below, the requirements of Chapter 1118 of the Zoning Code, as well as the standards set forth in Section 1151.05 of this Chapter:
A. In the areas indicated as a WTFO District on the Zoning Map in the following Districts: Retail Business General, Limited Industrial- Industrial Park and Mixed District.
B. On property owned or controlled by a political subdivision, other than property owned or controlled by the City, indicated as a WTFO area on the Zoning Map.
(2) Collocation Requirements. The applicant must demonstrate:
A. 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 the proposed Antenna(s) so as to allow it to serve its intended function. If another existing Tower, building or structure is Technically Suitable, the applicant must demonstrate that it has requested to Collocate on the existing Tower, building or structure and the Collocation request was rejected by the owner of the Tower, building or structure. If another Tower, building or structure is Technically Suitable, the applicant must further show that it has offered to allow the owner of that other Tower, building or structure to Collocate an Antenna(s) on another Tower, building or structure within the City which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted; and
B. All applicants for construction or erection of Wireless Telecommunication Towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to, but not including, two hundred (200) feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three (3) Antennas or Antenna Array platforms 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 site 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/user of the Tower. Written documentation must be presented to the Building Official 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 conditional use permit, the owner/user 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 Building Official.
(c) Accessory Use - Antennas.
(1) Permitted accessory use. The installation of a Wireless Telecommunication Antenna where the construction or erection of a Wireless Telecommunication Tower is not proposed by the applicant, shall be permitted as an accessory use:
A. On an existing Tower provided that all electronic and relay equipment for the Antenna or Antenna Array shall be housed within the Existing Equipment Shelter or as such Shelter may be expanded.
B. On existing buildings that are five (5) or more stories above grade in any zoning district in the City provided that no more than three (3) Antennas or Antenna Arrays shall be installed on any building, the height of the Antenna is no greater than fifteen (15) feet above the highest point of the roof, and all electronic and relay equipment for the Antenna shall be housed within the existing building or in an Equipment Shelter that is screened so as not to be visible from neighboring properties, public rights-of-way, and other public areas;
C. On existing structures, other than buildings, (such as water towers, steeples, smokestacks, etc.) provided that the Antenna shall be inconspicuous from neighboring properties, public rights-of-way, and other public areas and all electronic and relay equipment for the Antenna shall be housed within the existing structure or an existing building on the same lot.
(2) Conditional accessory use. The installation of an Antenna where the construction or erection of a Tower is not proposed by the applicant may be permitted as a conditional accessory use upon approval by the Planning and Design Commission through submission of an application to the Building Official and compliance with Zoning Code Chapter 1118, as well as the standards set forth in Section 1151.05 of this Chapter where applicable and under the following circumstances:
A. On an existing building where three (3) or more Antennas or Antenna Arrays have been installed provided that the Antenna shall otherwise comply with the requirements of (c)(1)B. of this Section; or
B. On an existing structure other than a building, where the proposed Antenna would be installed so as not to be obscure from the views from neighboring properties, public rights-of-way and other public areas and/or all electronic and relay equipment for the Antenna is not housed within the existing structure or an existing building on the same lot.
To the extent the remaining standards of this Chapter are applicable to the installation of a Wireless Telecommunication Antenna on an existing Tower, building or other structure, as provided in (c)(1)A., B. and C. and (c)(2)A. and B., such remaining standards shall govern the installation.
(Ord. 98-130. Passed 2-1-00; Ord. 2016-36. Passed 8-2-16.)
1151.05 MINIMUM STANDARDS FOR CONSTRUCTION, ERECTION, MAINTENANCE AND REMOVAL.
Except as otherwise provided in this Chapter to the contrary, all Wireless Telecommunication Towers and/or Facilities shall comply with the following standards:
(a) Spacing. There shall be a separation of a minimum of one-half (1/2) mile between Wireless Telecommunication Towers, including a separation of at least one-half (½) mile from any such Tower located outside the City's corporate limits at the time an application is made for a Tower to be located within the City.
(b) Height.
(1) The maximum height of a free-standing Wireless Telecommunication Tower, including, its Antenna and all appurtenances, shall be less than two hundred (200) feet above the approved grade.
(2) The maximum height of any Wireless Telecommunication Antenna installed pursuant to Section 1151.04(c)(1)C. shall be no greater than the height of the existing structure to which it is attached. The maximum height of any Antenna installed pursuant to Section 1151.04(c)(1)B. shall be no greater than fifteen (15) feet above the highest point of the roof on which it is attached.
(3) The height of any Equipment Shelter shall not exceed fifteen (15) feet from the approved grade.
(c) Setbacks.
(1) Except as provided in subsection (2) below, all Wireless Telecommunication Towers shall be located a distance of at least three hundred (300) feet from the property line of all residentially zoned or used properties. Otherwise, the Tower and related Facilities shall comply with the required setbacks from property lines for the zoning district in which they are located. In no event shall a Wireless Telecommunication Tower or Facility be located in front of the principal building on the lot, if any.
(2) All Wireless Telecommunication Towers located on an interstate highway right-of-way shall be set back from a dwelling unit a distance of at least one hundred ten percent (110%) of the height of the Tower.
(d) Design.
(1) All Wireless Telecommunication Towers shall be of a Monopole design, as opposed to a Lattice design. No guy wired towers shall be permitted.
(2) All Wireless Telecommunication Towers and their related Facilities shall be subject to review by the Planning and Design Commission for the purpose of enhancing the compatibility of the Facilities with their surroundings. The color of a Wireless Telecommunication Tower and/or Antennas shall be as determined by the Planning and Design Commission for the purpose of minimizing its visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA).
(3) 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.
(e) Landscaping. A landscaped buffer area of not less than fifteen (15) feet in depth shall be placed between the Wireless Telecommunication 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 (6) feet in height. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. The landscaping shall be continuously maintained and promptly restored, if necessary.
(f) Engineering Report. 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 City regulations. The report shall include a detailed description of the Wireless Telecommunication Tower, Antenna(s), Equipment Shelter, and appurtenances, shall certify that radio frequency emissions are in compliance with the regulations of the FCC, and shall certify that the use of the Facilities will not adversely affect or interfere with radio transmissions for public safety purposes.
(g) Maintenance.
(1) 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.
(2) On each biennial anniversary of the issuance of the use permit for a Wireless Telecommunication Facility, or not more than ninety (90) days prior thereto, the owner/user shall submit to the City 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.
(h) Lighting. Except as required by law, an Antenna or a Tower shall not be illuminated and lighting fixtures and signs shall not be attached to the Antenna or Tower. If lighting is required by FAA regulations, the most visually nonobtrusive "state-of-the-art" lighting available shall be used, unless otherwise required by the FAA.
(i) Security.
(1) A security fence not less than six (6) feet in height, but not greater than eight (8) feet in height, shall fully enclose those portions of the Wireless Telecommunication Facility which come in contact with the ground. Gates shall be locked at all times.
(2) A permanent warning sign with a minimum size of one (1) square foot and a maximum size of three (3) square feet shall be posted on the site, as well as an emergency telephone number of the owner/user of each set of Antennas on the site. The owner/user shall also provide the Building Official, the City Fire Department and the City Police Department with information regarding whom to contact, an address, and a telephone number in the event of an emergency.
(j) Advertising Prohibited. No advertising sign(s) or devices shall be permitted anywhere on a Wireless Telecommunication Facility site.
(k) Outdoor Storage. There shall be no outdoor storage of equipment or other items on the Wireless Telecommunication Facility site except during the Facility construction period and to supply temporary emergency power to the Facility only during a power outage.
(l) Access to Facility. The access driveway to the Wireless Telecommunication Facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway 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) from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. If the access road to the Facility is more than one thousand five hundred (1,500) feet from the public right-of-way, the Director of Public Safety may determine, in the Director's sole discretion, whether a turnaround shall be provided for emergency vehicles at the site and whether a by-pass, adequate for emergency vehicles, with an approachable access shall be provided for each additional one thousand five hundred (1,500) feet of the driveway. There shall be a maximum of one (1) off- street parking space on the Facility site.
(m) Accessory Equipment Shelter. The maximum cumulative total size of all Equipment Shelters accessory to a Wireless Telecommunication Tower or Antenna on a lot shall not exceed seven hundred fifty (750) square feet and their maximum height shall not exceed fifteen (15) feet above the approved grade for an Equipment Shelter with a pitched roof and a maximum height of ten (10) feet above the approved grade at the Site for an Equipment Shelter with a flat roof. Only one (1) Equipment Shelter, or the configuration of more than one (1) Equipment Shelter constructed to appear that there is only one (1) Equipment Shelter, shall be permitted on a lot. The roof and facade of the Equipment Shelter shall be compatible as to architectural design and materials with the principal building on the lot, if any. Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a Wireless Telecommunication Facility.
(n) Utilities to be Underground. All utility lines from the utility source to the Wireless Telecommunication Facility shall be underground.
(o) Time Limit for Commencement and Completion. After issuance of a building permit to construct a Wireless Telecommunication Facility, the applicant shall commence construction within six (6) months and shall complete construction within one (1) year or the permit shall expire.
(p) Abandonment and Removal of Facilities.
(1) If at any time the use of the Wireless Telecommunication Facility is discontinued for one hundred eighty (180) consecutive days, the Facility shall be deemed abandoned. The Building Official shall notify the owner/user in writing and advise that the Facility must be reactivated within ninety (90) days or it must be dismantled and removed from the site and the site restored to a landscaped condition within that same ninety (90)-day period, all at the cost of the owner/user. The owner/user of the Wireless Telecommunication Facility shall, on no less than an annual basis from the date of issuance of the use permit, file a declaration with the Building Official as to the continuing operation of each of its Facilities within the City.
(2) The applicant for a Wireless Telecommunication Tower shall be required as a condition of issuance of a building permit to post a cash or surety bond acceptable to the Director of Law of not less than one hundred dollars ($100.00) per vertical foot from grade of the Wireless Telecommunication Tower. 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 cash or surety bond acceptable to the Director of Law of not less than thirty dollars ($30.00) per linear foot of access drive. The bond(s) shall insure that an unused, abandoned, obsolete or destroyed Wireless Telecommunication Facility and/or access drive shall be removed within one hundred eighty (180) days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies or operates the Facility.
(Ord. 98-130. Passed 2-1-00; Ord. 2016-36. Passed 8-2-16.)
1151.06 FEES.
The Building Official shall collect the fees and deposits for applications for use permits as required by this Chapter in accordance with a schedule established by City Council in Codified Ordinance Section 1321.01.
(Ord. 98-130. Passed 2-1-00.)
1151.07 EXEMPTION OF CERTAIN CITY PROPERTY.
Regardless of the provisions of this Chapter, a Wireless Telecommunication Facility may be permitted on any property owned or controlled by the City and used for public service and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by the City Council.
(Ord. 98-130. Passed 2-1-00.)
1151.08 WAIVER.
(a) The Planning and Design Commission may waive provisions of this Chapter as applied to any Wireless Telecommunication Facility application pending before the Planning and Design Commission for a conditional use, but only in areas permitted by this Chapter. The Planning and Design Commission shall make a determination on a proposed waiver of any provisions of this Chapter based on the following criteria:
(1) The public peace, health, safety, welfare or convenience will not be jeopardized or actively affected;
(2) The use, value, development or enjoyment of neighboring property will not be adversely affected, or the health or safety of persons residing or working in the neighborhood will not be adversely affected;
(3) A public or private nuisance will not be created by reason of noise, smoke, odors, fire, vibrations, objectionable lights or congestion of traffic or persons;
(4) Traffic or safety hazards will not be created;
(5) The combination or accumulation of uses of the same nature in close proximity or in the same neighborhood will not adversely affect the public peace, health, safety, welfare or convenience, thereby adversely affecting neighboring property or creating a nuisance; or
(6) The proposed use will comply with other provisions or standards specified in the Codified Ordinances of the City.
(b) The Planning and Design Commission's consideration of a waiver under this Section shall not be based upon the environmental effects of radio frequency emissions from the Facility so long as the applicant's proposed Facility will meet the FCC's requirements for such emissions.
(Ord. 98-130. Passed 2-1-00.)
1153.01 INTENT.
The intent of this Chapter is to regulate the placement and construction of Wind Energy Conversion Systems (WECS) in order to promote the safe and efficient use of WECS, to increase opportunities for generation of renewable energy, and to minimize the visual, environmental, and operational impacts of WECS on the City and its residents. No person shall construct, erect, maintain, or use a WECS in the City without issuance of a building permit and full compliance with the provisions of this Chapter.
(Ord. 2009-63. Passed 2-2-10.)
1153.02 DEFINITIONS.
(a) "Fall zone" means the area on the ground within a prescribed radius from the base of a WECS. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) and, in the case of towers, shall not be less than a radius equal in distance to the total height of the WECS.
(b) "Hub height" means the vertical distance from the base of the tower to the center of rotation of the rotor.
(c) "Occupied building" means a residence, school, hospital, church, library, or other building used for public gathering that is occupied or in use when the permit application is submitted.
(d) "Shadow flicker" means the on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
(e) "Total height" means the vertical distance from the base of the tower to the tip of a wind generator blade when the tip is at its highest point.
(f) "Tower, monopole" means a wind energy conversion system tower consisting of a single pole, constructed without guyed wires and anchors.
(g) "Wind Energy Conversion System (WECS)" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system.
(h) "Wind Energy Conversion System, Building Integrated" means a wind energy facility designed to be permanently mounted on an occupied building or accessory structure, designed to be operated in direct contact with a building.
(i) "Wind Energy Conversion System, Medium" means a wind energy system that has a total height of 170 feet or less, and is primarily used to generate energy for use by its owner, reduce the need to purchase utility power from the grid, and has the ability to sell power back to the grid.
(j) "Wind Energy Conversion System, Small" means a wind energy system that has a total height of seventy-five (75) feet or less, and is primarily used to generate energy for use by its owner, reduce the need to purchase utility power from the grid, and has the ability to sell power back to the grid.
(Ord. 2009-63. Passed 2-2-10.)
1153.03 DEVELOPMENT STANDARDS FOR SMALL AND MEDIUMS WECS.
(a) Design. Any WECS shall be designed as a monopole tower. Lattice towers are prohibited. Additionally, alternative structural designs for WECS may be permitted by the Planning and Design Commission, subject to review and restrictions contained herein. All electrical wires associated with a WECS shall be located within the structure or tower and underground.
(b) Blade Clearance. The vertical distance from ground level to the tip of a wind energy generator blade when the blade is at its lowest point must be at least thirty (30) feet. No blades may extend over parking areas, driveways or sidewalks.
(c) Noise. Any WECS shall not exceed 55 dB(A) at any adjacent property line. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 10 dB(A). Audible sound from any WECS shall not exceed the limits as set forth in Chapter 555
(Noise Control) of the North Olmsted Codified Ordinances.
(d) Appearance, Color, and Finish. The exterior surface of any visible component of a WECS must be a non-reflective, neutral color.
(e) Controls and Brakes. Any WECS shall be equipped with both manual (electronic or mechanical) and automatic over speed and braking controls to limit the blade rotation speed to within the design limits of the system, which must provide redundancy against over speed and brake failure. Stall regulations may also be installed but shall not be deemed sufficient system redundancy.
(f) Shadow Flicker. The WECS owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
(g) Access. All ground-mounted electrical and control equipment must be labeled and secured to prevent unauthorized access. A tower may not have step bolts or a ladder within twelve (12) feet of the ground.
(h) Lighting. A WECS tower may not be artificially lighted unless lighting is required by the Federal Aviation Administration.
(i) Signage. No sign, other than a warning sign or installer, owner, or manufacturer identification sign, may be placed on any component of a WECS so as to be visible from any public right-of-way. Permitted signs shall be limited to four (4) square feet in area.
(Ord. 2009- 63. Passed 2-2-10.)
1153.04 ADDITIONAL REGULATIONS FOR SMALL WECS.
(a) Use Regulations. Small WECS shall only be permitted as a conditional use in all zoning districts, subject to the requirements of Chapter 1118.
(b) Development Area. Minimum development area for a small WECS is one (1) acre. Only one (1) WECS is permitted per lot. All parcels within the development area must have common ownership.
(c) Height. The height of a small WECS shall be limited by the height regulations of the district in which the small WECS is proposed, but in no case may be greater than seventy-five (75) feet in total height.
(d) Setbacks. The minimum setback distance between a small WECS and all surrounding development area boundaries, overhead utility or transmission lines, and public rights of way shall be equal to no less than 1.2 times the total height of the tower. Furthermore, the fall zone for any WECS must be kept free of all occupied buildings during the operational life of the tower.
(Ord. 2009-63. Passed 2-2-10.)
1153.05 ADDITIONAL REGULATIONS FOR MEDIUM WECS.
(a) Wind Energy Overlay District. There is hereby established a Wind Energy Overlay District (WEOD) within the City of North Olmsted. Parcels included in the WEOD are identified on the City of North Olmsted Zone Map. Additional parcels may be supplementally zoned into the WEOD from time to time.
(b) Use Regulations. Medium WECS shall only be permitted as a conditional use within the Wind Energy Overlay District subject to the requirements of Chapter 1118.
(c) Development Area. Minimum development area for a medium WECS is five (5) acres. Only one (1) WECS is permitted per lot. All parcels within the development area must have common ownership.
(d) Height. Medium WECS may be no greater than 170 feet in total height.
(e) Setbacks. In any non-residential district, the minimum setback distance between a medium WECS and all surrounding development area boundaries, overhead utility or transmission lines, and public rights of way shall be equal to no less than 1.2 times the total height of the tower. In any residential district, the minimum setback distance shall be equal to no less than 1.5 times the total height of the tower. Furthermore, the fall zone for any WECS must be kept free of all occupied buildings during the operational life of the tower.
(Ord. 2009-63. Passed 2-2-10.)
1153.06 BUILDING INTEGRATED WECS.
(a) Use Regulations. Building integrated WECS shall be a permitted accessory use in all zoning districts, subject to the requirements of the district in which the system is proposed, and further subject to the development standards described in Section 1153.03(c) through (f), but exempt from the administrative review requirements of Chapter 1126.
(b) Height. Hub height shall not exceed ten (10) feet as measured from the base of the tower, which is the location at which the tower and exterior layer of the building meet.
(c) Blade Clearance. The lowest vertical extension of any blade or other moving component of a building integrated WECS shall be at least fifteen (15) feet above the ground (at grade level) and in addition at least fifteen (15) feet above any outdoor surfaces intended for human occupancy, such as balconies, that are located directly below the system. The rotor diameter of the building integrated WECS may not exceed seven (7) feet.
(d) Separation. If more than one building integrated WECS is installed, a distance equal to the length of the total height of the tallest system must be maintained between the bases of each system.
(e) Design. Building integrated WECS may include horizontal, vertical or barrel shaped designs installed on top of or attached to the side of main buildings or accessory structures.
(Ord. 2009-63. Passed 2-2-10.)
1153.07 ADMINISTRATIVE REVIEW.
(a) Procedure. A building permit shall be required for the installation of any WECS. For small and medium WECS, the administrative review and approval process shall follow the procedure described in Chapter 1126. For any WECS proposed in a designated historic district, a Certificate of Appropriateness shall be required in accordance with Chapter 165 of the Codified Ordinances prior to and as a prerequisite of the administrative review process described herein.
(b) Submittal Requirements. In addition to the applicable submittal requirements in Chapter 1126, each application for a WECS shall include the following:
(1) Applicant's name, contact information and evidence of site control;
(2) Address, permanent parcel number and zoning district of the subject property;
(3) Detailed site survey including:
A. Property lines and physical dimensions of the property,
B. Location, dimensions, and types of existing structures on the property,
C. Location of the proposed tower showing required fall zone and setback radii,
D. The right-of-way of any public road that is contiguous to the property,
E. Location of access roads,
F. Any overhead utility lines and any easement;
(4) Drawings and specifications including:
A. Description of all components of the WECS or met tower including the manufacturer, model, capacity, blade length, and total height,
B. Blueprints or drawings which have been approved by a registered professional engineer for any tower and tower foundation,
C. Simulated, scaled photographic perspectives showing the appearance of the structure and the placement of the WECS from neighboring properties and rights-of-way;
(5) Engineering certifications including:
A. An analysis from a licensed engineer showing how the WECS shall be designed, constructed and operated in compliance with all applicable federal, state, and local laws, codes, standards and ordinances. Such analysis must include performance reports or certification obtained by or issued to the equipment manufacturer by independent testing agencies, such as Germanischer Lloyd, Underwriter Laboratories, or similar or must report the absence thereof.
B. A written certification from a licensed structural engineer that the tower has the structural integrity to carry the weight and wind loads of the WECS and have minimal vibration impacts on the structure. In the case of a building integrated WECS, a written certification from a licensed structural engineer that the existing structure onto which the building integrated WECS will be attached is capable of withstanding the additional load, force, torque, and vibration imposed by the system and will comply with structure provisions set out in applicable building codes;
C. A written certification from a licensed engineer confirming that the WECS is designed to not cause electrical, radio frequency, television and other communication signal interference.
D. A written maintenance plan with specific schedule and identification of service contractor to perform inspection and work. The maintenance plan must contain reference to and there is hereby imposed an obligation to provide annual maintenance status reports and Certificate of Insurance to the Building Commissioner as well as consent to its performance of inspections as needed.
(6) Evidence of liability insurance for small and medium WECS in an amount not less than one (1) million per person and three (3) million per occurrence, and for a duration of not less than one (1) year, sufficient to cover loss or damage to persons and property occasioned by the failure or malfunctioning of the system, including provisions for indemnification of the City;
(7) Any other information required by the City to determine if the standards in this Chapter and other applicable codes have been met.
(c) Expiration. A permit issued pursuant to this chapter shall expire if:
(1) The WECS is not installed and functioning within eighteen (18) months from the date the permit is issued; or
(2) The WECS is out of service or otherwise unused for a continuous twelve (12) month period.
(Ord. 2009-63. Passed 2-2-10.)
1153.08 ABANDONMENT.
(a) A WECS that is out-of-service for a continuous twelve (12) month period will be deemed to have been abandoned. The Building Commissioner may issue a Notice of Abandonment to the owner of a WECS that is deemed to have been abandoned. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from Notice receipt date. The Building Commissioner shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the WECS has not been abandoned.
(b) If the WECS is determined to be abandoned, the owner shall remove the WECS within ninety (90) days of the Notice of Abandonment and the site must be reclaimed to a depth of four (4) feet. If the owner fails to remove a WECS and reclaim the site, the City may remove or cause the removal of the WECS and the reclamation of the site. The cost of removal and reclamation will become a lien upon the property and may be collected in the same manner as property taxes.
(c) The cost of removal upon abandonment of small and medium WECS shall be bonded or otherwise secured in an amount, as certified by a professional engineer, equal to the estimated cost of removal and restoration without regard for the salvage value of the decommissioned equipment. Evidence of such bond or other form of security, as approved by the Director of Law, shall be presented to the Building Commissioner with the annual maintenance status report, together with the Certificate of Insurance.
(Ord. 2009-63. Passed 2-2-10.)
1155.01 INTENT.
The intent of this Chapter is to regulate the placement and construction of solar energy systems in order to promote their safe and efficient use, to increase opportunities for generation of renewable energy, and to minimize the visual, environmental, and operational impacts of solar energy systems on the City and its residents.
(Ord. 2010-10. Passed 4-20-10.)
1155.02 DEFINITIONS.
(a) "Ground mounted solar energy systems" means a solar energy system that is installed in the ground rather than on a structure.
(b) "Roof mounted solar energy systems" means a solar energy system that is installed on the roof of a main or accessory structure.
(c) "Solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in the heating or cooling of a structure or building; the heating or pumping of water; industrial or commercial processes; or the generation of electricity. (Ord. 2010-10. Passed 4-20-10.)
1155.03 PERMITTED ACCESSORY USE.
Solar energy systems shall be a permitted accessory use in all zoning districts.
(Ord. 2010-10. Passed 4-20-10.)
1155.04 DEVELOPMENT STANDARDS FOR SOLAR ENERGY SYSTEMS.
(a) Height. The height of ground mounted solar energy systems shall not exceed fifteen (15) feet in height. The height of roof mounted systems on the principal building shall not extend more than three (3) feet above the finished roof to which it is mounted. In no instance shall any part of the system extend beyond the edge of the roof.
(b) Location. Ground mounted solar energy systems are prohibited in front yards, and shall not extend beyond the front wall of the principal building.
(c) Lot Coverage. No more than ten (10) percent of a lot may be covered with ground mounted solar energy systems, measured as the area of the face of the solar panels, and total lot coverage must not exceed the maximum permitted within that zoning district. Every effort should be made to control storm water runoff.
(d) Setbacks. Ground mounted systems shall be setback from any side or rear property line not less than one (1) foot for every one (1) foot in height.
(e) Utility Lines. All exterior utility lines for ground mounted solar energy systems shall meet all applicable building and electric codes.
(f) Screening. Ground mounted solar energy systems must be adequately screened from view of any adjacent residential property by appropriate vegetative screening or solid fencing.
(g) Glare. Solar panels shall be placed such that reflection angles from collector surfaces shall be oriented away from neighboring windows and roadways.
(Ord. 2010-10. Passed 4-20-10.)
1155.05 ADMINISTRATIVE REVIEW.
(a) Procedure. A building permit shall be required for the installation of any solar energy system.
(b) Submittal Requirements. Each application for a solar energy system shall include the following:
(1) Applicant's name, contact information and evidence of site control;
(2) Address, permanent parcel number and zoning district of the subject property;
(3) Site survey including property lines and physical dimensions of the property; location, dimensions, and types of existing structures on the property; and location of the proposed system showing required setbacks.
(4) Drawings and specifications including description of all components of the solar energy system including the manufacturer, model, capacity, and dimensions, and drawings which have been approved by a registered professional engineer for any ground mounted solar energy system foundation.
(5) Any other information required by the City to determine if the standards in this Chapter and other applicable codes have been met.
(c) Historic District. For any solar energy system proposed in a designated historic district, a Certificate of Appropriateness shall be required in accordance with Chapter 165 of the Codified Ordinances prior to and as a prerequisite of the administrative review process described herein.
(d) Expiration. A permit issued pursuant to this chapter shall expire if the system is not installed within twelve (12) months from the date the permit is issued. A permit extension of up to 6-months may be granted by the Building Commissioner.
(Ord. 2010-10. Passed 4-20-10.)
1157.01 INTENT.
A. Planned Development (PD) Zoning is intended to encourage orderly development and redevelopment of property zoned One Family Residence or Residential Office District, while allowing more flexibility and creativity in design to achieve high quality, integrated site planning not otherwise possible under the constraints of normal zoning requirements. Planned Developments are intended to permit a more flexible approach to land use control and to promote development that is innovative, integrated with surrounding uses, and shows sensitivity to cultural, environmental, and economic considerations.
B. Planned Development Zoning is intended to encourage development property zoned One Family Residence or Residential Office District which is consistent with the Master Plan, including more compact development, pedestrian-friendly site design, urban street character, variety of housing typology, energy-efficient design, industry best practices, and accommodation of a range of compatible land uses through appropriate site design. PDs are intended to permit a more flexible approach to land use control and to promote innovation and diversity of housing types.
C. A Planned Development encourages the development of compact, pedestrian-scaled, neighborhoods while providing greater efficiencies in use of infrastructure. It is intended to help advance revitalization initiatives and recognize the market demand for new residential development within compact, pedestrian-friendly districts.
D. A PD should utilize the following characteristics to the greatest possible extent which shall be considered in the approval process:
1. Designs that reflect the Master Plan and that offer types or densities of development that are not available under the other Sections of this Code.
2. Designs that utilize a creative approach to achieve better urban design, efficiencies in use of land and infrastructure, and the provision of aesthetic amenities.
3. Designs that provide appropriate buffers and transitions between areas with differing land uses and development densities.
4. Designs that maintain or enhance the appearance of neighborhoods by exemplifying high quality architectural design.
5. Designs that are intended to encourage flexibility, innovation, and creativity in site and development design by allowing the mixing of permitted uses and/or modification and variation from otherwise applicable zoning district and development standards.
6. Designs that incorporate greater variety in housing types than traditionally found in established zoning districts.
(Ord. 2024-62. Passed 10-15-24.)
1157.02 LOCATION OF PLANNED DEVELOPMENTS.
A Any parcel or assemblage of parcels that is zoned One Family Residence or Residential Office District, and is greater than five acres 75,000 square feet in area may be rezoned to PD. Past use of the site and the zoning of abutting properties shall be considered as part of the approval process.
B. In conjunction with the review and approval of a Planned Development a zoning map amendment pursuant to Chapter 1133 shall also be presented and considered for adoption. Upon approval of a Planned Development, it shall result in the creation of a new site-specific zoning district with specific requirements and standards that are unique to that PD, and which shall be considered for adoption as a zoned district pursuant to Chapter 1133.
C. Grouping of uses permitted in other districts to create developments of compatible and mutually supportive activities is encouraged provided there are adequate buffers to adjacent properties of differing uses.
(Ord. 2024-62. Passed 10-15-24.)
1157.03 STANDARDS FOR REVIEW OF A PRELIMINARY PD PLAN.
An application for approval of a Preliminary PD Plan, together with submitted plans and reports, shall be reviewed in the same manner as set forth in Chapter 1126 "Development Plan Review", and remain subject to the notification and hearing requirements set forth in Charter Article IV, Section 14, and Charter Article VII, Sections 2(b) and 2(d); and further that the notification issued by the Clerk to abutting property owners shall include a copy of the preliminary site plan as proposed by the applicant. The Preliminary PD plan shall be reviewed for its conformance with the following standards:
A. The proposed PD should contain uses that are sensitive to the abutting land uses and to the zoning designation which the PD is replacing. Mixed residential use within the planned development or within the same structure located in the PD is encouraged where appropriate;
B. The proposed PD shall comply with the subdivision requirements as set forth in Chapter 1101
of this Code, except to the extent modifications, variances, or waivers have been expressly allowed pursuant to paragraph (d) below;
C. The proposed PD should be integrated with adjacent development through street connections, sidewalks, trails, and similar features where appropriate;
D. The One Family Residence or Residential Office District development standards, and subdivision standards (such as lot size, floor area, building height, setbacks, etc.) may be modified or varied upon a finding that the proposed PD meets the intent set forth in section 1157.01;
E. The proposed PD shall incorporate Design Principles pursuant to Section 1157.05
where appropriate. (Ord. 2024-62. Passed 10-15-24.)
1157.04 PLANNED DEVELOPMENTS.
A. Consolidation with Subdivision Approval. Review and approval of Preliminary or Final PD Plans shall not proceed absent submission of required subdivision applications pursuant to Chapter 1101. The applicant shall consolidate an application for Preliminary PD Plan approval with an application for subdivision plat approval, pursuant to Chapter 1101, and shall consolidate an application for Final PD Plan approval with an application for final subdivision plat approval. Such consolidated application shall be submitted in a form that satisfies both the PD requirements of this Code and the provisions, including submittal requirements, of Chapter 1101. The time frame and approval process for the consolidated PD/subdivision application shall not exceed thirty (30) days absent Applicant's consent, on the record, to extension of time and waiver of all conflicting time limitations imposed by law. The plat included as part of an approved Final PD Plan shall be recorded as the final subdivision plat.
B. Procedures for Approval of a Preliminary PD Plan. Planned Developments, similar to subdivisions, are first approved in preliminary form, and then approved in final form.
C. Preliminary PD Plan:
1. Pre-application review meeting. A pre-application review meeting with the Director of Economic and Community Development shall be mandatory prior to submitting an application for approval of a Preliminary PD Plan.
2. The Planning and Design Commission shall review all applications for Preliminary PD Plans and make a recommendation to the City Council to approve, approve with conditions, or deny the application based on compliance with Section 1157.01
of this Code. If the Planning and Design Commission recommends approval of an application with conditions, the applicant shall Fesubmit a revised preliminary PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review. The Planning and Design Commission may table its conditional approval pending resubmission of an amended Preliminary PD Plan upon Applicant's consent, on the record, to extension of time and waiver of all conflicting time limitations imposed by law.
3. A Preliminary PD plan that has previously received Preliminary PD Plan approval may proceed with Final PD Plan approval.
D. Procedures for Approval of a Final PD Plan.
1. A Preliminary PD plan that has previously received Preliminary PD Plan approval may be submitted for Final PD Plan approval.
2. A Final PD Plan shall and must include the entire area covered by the Preliminary PD Plan, notwithstanding any proposal for a phase or phases of the Prelimina ry PD Plan. Only Final PD Approval may be advanced for purposes of obtaining building permits and being constructed.
3. The Planning and Design Commission shall be-tG review any application for Final PD Plan approval and make a recommendation to the City Council to approve, approve with conditions, or deny the application based on its compliance with Section 1157.03
of this Code. Such review and approval shall be heard and decided within thirty (30) days unless Applicant consents, on the record, to extension of time and waiver of all conflicting time limitations imposed by law
4. If the Planning and Design Commission recommends approval of a Final PD Plan application with conditions, the applicant shall resubmit a revised Final PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review. The Planning and Design Commission may table its conditional approval pending resubmission of an amended Final PD Plan upon Applicant's consent, on the record, to extension of time and waiver of all conflicting time limitations imposed by law.
5. Upon receipt of:
i. The approved Final PD Plan recommended by Planning & Design Commission, and
ii. An approved lot split, lot consolidation plat, or subdivision plat signed by the Chairman of the Planning & Design Commission, then the Final PD Plan and plat shall be forwarded to Council along with the Commission's recommendation for approval.
iii. Council shall, unless the Applicant otherwise consents, approve or disapprove the Final PD Plan within thirty (30) days from the date received by Council.
iv. When the Final PD Plan is approved:
1. The plat shall be recorded by the Applicant upon the City Engineer's review and approval;
2. Applicable building permits may be applied for and issued; and
3. Construction shall begin within six (6) months of issuance of the permits referred to in subparagraph (d)(S)D.2. herein.
E. Street Acceptance. Where streets are to be dedicated to public use, upon approval of all improvements by the Engineer, and upon submission of required Dedication Plats, the developer shall file a certificate and opinion of title, a guarantee of title or a title insurance policy in the amount of the market value of the property but not less than $1,000.00 with the Law Director showing the title to the street(s) in the PD to be good in the City for street purposes and to be free and clear of all liens and encumbrances whatsoever. The Dedication plat shall then be presented to Council for acceptance and confirmation of the dedication of such street(s).
F. Recording. The Dedication plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City within thirty (30) days after final approval.
G. Fees. A review and recording fee, established pursuant to Section 1101.05 shall be included with the application.
H. Notice Procedures. Where a PD is requested, notice of the Planning and Design Commission meeting shall be sent to the independent record title holder of affected properties pursuant to Section 149.02 and pursuant to Charter Article IV, Section 14.
I. Effect of Approvals.
1. Effect of approval of a Preliminary PD Plan.
i. An approved Preliminary PD Plan shall be valid for a period of twelve (12) months from the date of the Commission's action. At the applicant's request, an approval extension may be granted at the discretion of the Director of Economic and Community Development subject however to notification of Council.
ii. Application for approval of a Final PD Plan for all or any phase of the Preliminary PD Plan may be made at any time within the twelve (12) month period following the Commission's approval of the Preliminary PD Plan. An approved application for a Final PD Plan shall bind the Applicant to the approved Preliminary PD Plan. If the original or any successive twelve (12) month period expires before a completed application for a Final PD Plan approval is submitted, the Preliminary PD Plan approval shall automatically lapse and be null and void and all of the properties included in the preliminary plan for which Final PD Plan approval has not been given shall be subject to the zoning and subdivision regulations otherwise applicable to them.
iii. During the period an approved Preliminary PD Plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such Preliminary PD Plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such Preliminary PD Plan if the Commission determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
2. Effect of approval of a Final PD Plan.
i. An approved Final PD Plan shall be valid for a period of four ( 4) years from the date City Council approves the rezoning.
ii. During the period an approved Final PD Plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such Final PD Plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such Final PD Plan if the Commission determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
3. Within the four ( 4) year period or upon the commencement of improvements, whichever comes sooner, the developer /owner shall:
i. Submit the plat portion of the Final PD Plan as the final subdivision plat for recording by the City surveyor, Chapter 1101
notwithstanding; and
ii. Undertake substantial construction of at least the first approved phase of the PD development.
iii. If these actions are not completed within the four ( 4) year time period, such Final PD Plan shall automatically lapse and become null and void.
J. Applications for Preliminary and Final PD Plans shall be submitted to the Director of Economic and Community Development upon such forms as approved by the City.
K. Amendments to Final PD Plan.
1. Plan amendments may be approved by the Economic and Community Development Director, subject to the recommendation of the Planning & Design Commission, and only upon the final approval of Council, based upon determining that the proposed revision (s) will not alter the basic design and character of the development plan, nor any specified conditions imposed as part of the original approval. Plan amendments include the following.
i. Reduction in size of any building and/or other structures.
ii. Movement of buildings or other structures by no more than ten (10) feet.
iii. Landscaping approved on the development plan that is replaced by similar landscaping to an equal or greater extent.
iv. Changes in building materials to a comparable or higher quality material.
v. Internal re-arrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design.
vi. Changes related to Subsections i-v above, required or requested by the City or County, State, or federal regulatory agency in order to conform to other laws or regulations, provided such changes do not alter the basic design and character of the plan, nor any specified conditions imposed as part of the original approval.
(Ord. 2024-62. Passed 10-15-24.)
1157.05 DESIGN PRINCIPLES.
The following Design Principles provide certain guidelines, as noted, in the design preparation of a Preliminary PD Plan.
A. Building and Site Design.
1. Wherever feasible, buildings shall be designed to provide massing configurations with a variety of different wall planes. Plain, monolithic structures with long walls and roof plane surfaces are discouraged.
2. Building facades should incorporate design elements such as changes in color or texture; projections, recesses, and reveals; or equivalent elements that subdivide the wall into human scale proportions. Blank facades are highly discouraged on walls facing streets or pedestrian ways.
3. Commercial Building facades shall have highly visible customer entrances that feature canopies, overhangs, arcades, distinctive roof forms, arches, display windows, or landscaped features. Primary entrances should face streets on which they are located.
B. Vehicular Circulation and Access.
1. Circulation systems shall be designed to efficiently facilitate traffic flow, yet designed to discourage speeds and volumes that impede pedestrian activity and safety.
2. Common or shared access points are encouraged.
3. For Commercial Buildings, to the maximum extent feasible, common or shared service and delivery access shall be provided between adjacent parcels or buildings, and provided to the rear of buildings.
4. Safe and adequate site distances shall be provided at all intersections.
C. Pedestrian Access and Circulation.
1. A coordinated pedestrian system shall be provided throughout the PD, including connections between uses on the site, and between the site and adjacent properties and rights-of-way where feasible.
2. For Commercial Buildings, continuous sidewalks or other pedestrian facilities shall be provided between the primary entrances to buildings, all parking areas that serve the buildings, and any public sidewalk along perimeter streets.
D. Parking.
1. Adequate parking shall be provided, but excessive parking is discouraged. The standards contained in Chapter 1143 shall be used as a guide, but those standards may be modified without the need for a variance based upon other considerations as determined by the Planning and Design Commission, and a finding by the Commission that the modified parking standards would comply with the provisions of the Code and the intent of the PD.
E. Streetscape Improvements.
1. A Streetscape Plan may be requested by the Director of Economic and Community Development for mixed-use and/or commercial PD applications. The Streetscape Plan shall address the relationship between vehicular and pedestrian traffic, pedestrian facilities, street and sidewalk lighting, landscaping, street furniture, trash receptacles, and transit stops.
2. Vehicular streets shall be designed to be compatible with pedestrian ways to encourage a pedestrian-friendly environment. The width of streets shall be sensitive to pedestrian scale, and shall be minimized to avoid overwhelming that pedestrian scale while allowing for efficient vehicular traffic flow.
F. Service Area and Mechanical Screening.
1. The location of service areas and mechanical equipment shall be considered as part of the overall site design.
2. Service areas and mechanical equipment shall be screened from public view.
G. Signage.
1. A master sign plan may be requested by the Director of Economic and Community Development for mixed-use and/or commercial PD applications. The master sign plan shall illustrate the location, type, size, and materials of all signage, pursuant to Chapter 1163
and comply with all regulations therein.
H. Lighting.
1. A lighting plan, including a photometric illustration, may be requested by the Director of Economic and Community Development.
2. Lighting shall be designed to avoid spillover onto adjacent properties through the use of cutoff shields or other similar features.
I. Urban Open Space.
1. Common open space (whether dedicated to public use or owned and maintained in common by the owner or owners) shall be reserved for the leisure and recreational use of all the project's occupants and readily accessible thereto.
J. Amenities.
1. PDs with residential uses should provide on-site amenities within the site open space. These amenities may include but are not limited to: pocket parks, seating areas, courtyards, play equipment, picnic shelter /barbecue area, or recreation facilities. (Ord. 2024-62. Passed 10-15-24.)
1157.06 DEVIATIONS FROM OTHER REGULATIONS.
A. The Planning and Design Commission may approve deviations from other applicable regulations of this Code controlling development within a PD, provided that the Commission shall find that such deviation shall be solely for the purpose of promoting an integrated site plan and would be consistent with the Master Plan.
B. Additional standards specific to a PD.
1. Unified ownership. The entire tract or parcel of land to be occupied by the proposed development shall be held in single ownership, or if there are two (2) or more owners, the application for such proposed development shall be filed jointly by all such owners. This requirement shall ensure that the property is developed as a unified whole.
2. Site design. The location, configuration, construction, manner and time of operation of off-street parking and loading areas, service areas, circulation systems, entrances, exits, open space, amenities, lighting, or other potentially detrimental influences shall be designed to avoid adverse effects on:
i. Residential uses within or adjoining the development;
ii. Traffic congestion; and vehicular or pedestrian traffic.
3. Utilities. The proposed development shall provide, if possible, for underground installation of utilities (including electricity and telephone) within both public ways and private extensions thereof. Provisions also shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, and treatment of turf and maintenance of facilities. Stormwater facilities shall be designed and constructed in compliance with Ohio Environmental Protection Agency regulations and local ordinances.
(Ord. 2024-62. Passed 10-15-24.)
1157.07 PERFORMANCE AND MAINTENANCE BONDS.
A. For all PDs, the City shall require a performance bond equal to the total cost of the improvements to be completed. Such bond shall set forth the City as the beneficiary and shall be issued by a reputable and solvent bonding company, licensed to do business in Ohio and shall be deposited with and retained by the City until all improvements are constructed to the satisfaction of the Engineer (for public improvements) and the Building Commissioner (for private improvements). The City may waive such performance bond requirement if there is a Development Agreement with the City, which governs such security provisions.
B. After the public improvements are completed and accepted by the Engineer, the Engineer may require the developer to provide the City with a two (2) year maintenance bond of at least ten percent (10%) of the approved estimated cost of construction. The developer shall complete the construction or repairs of all improvements within two (2) years from the date of permission to proceed. Otherwise, the City shall have the right to use the performance bond money to complete the improvements. Council may extend the aforesaid two (2) year period for good cause.
(Ord. 2024-62. Passed 10-15-24.)