North Royalton City Zoning Code

   The Traditional Town Center District (TCD) and its regulations are established in order to permit specific uses, at a development intensity in a manner that:

   (a)   Encourages skillful planning by allowing flexibility in type and placement of buildings while promoting coordinated architectural design within a unified development area.

   (b)   Encourages a mixture of complementary land uses that includes housing, retail, offices, and commercial services to create economic and social vitality and to encourage the linking of trips.

   (c)   Encourages an intensity of development (floor area per acre).

   (d)   Utilizes topographic and landscape features to enhance and unify the development as well as protect adjacent residential neighborhoods.

   (e)   Provides flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace.

   (f)   Expands the scope of land planning from the concept of unrelated individual parcels and buildings to a coordinated and harmonious development.

   (g)   Establishes design criteria for the new developments that are aesthetically pleasing and pedestrian friendly.

   (h)   Promotes the efficient use of land, utilities, streets and services.

   (i)   Promotes increased open space and landscaped areas between uses along public roads.

   (j)   Controls the vehicular circulation and access to existing roads to reduce congestion and increase safety.

   (k)   Reinforces streets as public places that encourage pedestrian and bicycle travel.

(Ord. 24-115. Passed 10-1-24.)

   (a)   The Traditional Town Center District (TCD) is established as a mixed-use district with two subdistricts to meet the City's vision of creating a traditional town center area. Different characteristics apply to each of the districts based on the City's Comprehensive Plan. The Use and Development Standards are directed towards creating a unique character that meets with the City's vision. The boundaries of the Mixed-Use District and its subdistricts shall be indicated on the official City of North Royalton Zoning Map with the symbol TCD. The classification of the subdistricts is listed below.

      (1)   TCD-1

      (2)   TCD-2

   (b)   The Traditional Town Center District (TCD) will be herein referred to as the TCD.

(Ord. 24-115. Passed 10-1-24.)

   Buildings and land shall be used and buildings shall be designed, erected, altered, moved, added to or maintained in a TCD only for those uses set forth in Schedule 1281.03.

   (a)   A use listed in Schedule 1281.03 shall be permitted by right when denoted by the letter "P" if all requirements of other City ordinances and this zoning code have been met.

   (b)   A use listed in Schedule 1281.03 shall be permitted as a conditional use when denoted by the letter "C" subject to the procedures in Section 1262.07. For a conditional use to be approved in the TCD the Planning Commission shall determine that the proposed use is in compliance with both the provisions of this Chapter and Section 1262.07.

   (c)   A use listed in Schedule 1281.03 shall be permitted as an accessory use when denoted by the letter "A". Such accessory uses shall be permitted as a subordinate use when it is clearly incidental to and located on the same lot as the principal building or use.

   (d)   A use not listed in Schedule 1281.03 as either a permitted, conditional or accessory use shall be prohibited in the TCD unless such use is approved as a similar use pursuant to Section 1262.08.

      (a)   Mobile Food Units and Mobile Food Unit Parks in TCD districts shall meet all requirements of Chapter 845 "Mobile Food Unit Regulations."

(Ord. 24-115. Passed 10-1-24.)

   A proposed development in the TCD shall comply with the following minimum development areas:

   (a)   In the TCD-1 Subdistrict area regulations shall adhere to the requirements of Section 1276.07. In cases of conflict within Section 1276.07, the requirements for a particular use in the Local Business or General Business District shall prevail. Institutional uses within the TCD shall adhere to the area regulations of Section 1274.03.

   (b)   In the TCD-2 Subdistrict the minimum area shall be not less than 6 acres of contiguous land. In satisfying this requirement, the development area may be bisected by a public dedicated or private street as long as all parcels within the development area are controlled or owned by a person or a group of owners acting jointly in accordance with the requirements of this chapter.

      (1)   Existing uses that are not permitted in the TCD-2 subdistrict under Section 1281.03 are to be considered legal non-conforming uses and subject to Chapter 1286 of this ordinance except in the case of minor work to be done on existing, single-lot one-family residential uses located in the TCD-2 subdistrict. Such uses may, at the discretion of the Building Commissioner, be permitted to construct accessory uses or structures that are considered to be minor in nature. Minor work includes, but is not limited to, the construction of decks, fences, above-ground pools, or small accessory structures that do not exceed one quarter of the square footage permitted in Section 1270.12(a) based on the size of the property.

(Ord. 24-115. Passed 10-1-24.)

   In order to comply with the objectives of creating a harmonious TCD while considering the concerns of the surrounding property the allowance of sufficient buffering along the District is required according to the following:

            1.   The bufferyards described within this section depict the total bufferyard required to be erected by the higher intensity use when it is being located next to the same or lower intensity use.

            2.   When a use is proposed to be developed adjacent to a higher intensity use existing as of the effective date of this Code, it shall be required to plant a minimum Level B Bufferyard.

            3.   The land use class of a vacant adjoining parcel shall be classified as the lowest intensity use permitted in the existing zone district.

            A.   Mixed-use.

            B.   Retail and professional services.

            D.   Institutional/civic.

            E.   Multi-family residential.

            F.   Single-family cluster/townhome.

            G.   Single-family residential.

         (1)   Identify the land use of the proposed development property;

         (2)   Identify the adjacent land use(s); and

 

         A.   Bufferyard increases based on height of non-residential or mixed-use buildings. When a non-residential or mixed-use building is developed adjacent to an existing residential use or residential lot, the required boundary bufferyard between the non-residential or mixed-use development and the residential use shall be increased according to the following table:

 

 

            A.   Bufferyard A-Minor: Minimum bufferyard width 10 feet.

            B.   Bufferyard B-Moderate: Minimum bufferyard width 15 feet.

            C.   Bufferyard C-Substantial: Minimum bufferyard width 25 feet.

   (b)   The type of residential development and the residential density shall be as established in the approved preliminary and final development plan, provided that the gross density shall not be less than 5.0 dwellings per acre or be greater than 11.0 dwellings per acre. The maximum density shall be determined by including the open space and private streets that are part of the residential development area. These density limitations do not apply to nursing homes and assisted living facilities, or in a mixed-use development, that portion of the development that is devoted to a nursing home or assisted living facility.

   (c)   Within a TCD-2 Subdistrict the land area allocated to nonresidential uses and buildings as listed in Section 1281.03 shall not be less than 50% of the land area within the development. The land area of any off-street parking or parking garages/structures shall be considered as part of the land area of the use for which the parking is being provided. The Planning Commission may modify the allocation based on the development plan.

   (d)   The land area of civic buildings or other public structures within the TCD shall not be considered in determining compliance with any land area allocation or density requirements of this chapter.

   (e)   The floor area of the first floor of any single retail store located in the TCD-2 may not exceed 40,000 square feet unless the Planning Commission and Council determine that a larger floor area for a specific single retail store is located, designed and arranged in a manner that is fully consistent with the purposes, intent and design criteria in this chapter.

   (f)   The maximum number of rooms in a hotel, nursing home or assisted living facility shall be determined based on the minimum setback requirements and height requirements for the district in which the facility is located.

(Ord. 24-115. Passed 10-1-24.)

   Building widths are measured as the width of the building at the building line as a percent of the lot width.

   (a)   Buildings in nonresidential areas on the internal main streets in the TCD-2 Subdistrict shall be designed to replicate a traditional main street. A "traditional main street" is characterized with buildings sited closer to the street and to each other with landscaping along the frontage; parking behind buildings; and location of publicly accessible plazas and pedestrian amenities to integrate and create a space that is aesthetically pleasing and pedestrian friendly.

(Ord. 24-115. Passed 10-1-24.)

   (a)   In a TCD, all buildings shall be located on a lot in a manner that maintains the front, side and rear yards and setbacks as set forth in Schedule 1281.07.

* This setback would apply to the new rights-of-way lines when established

   (a) Or two times the building height, whichever is greater

   (b) Area between the parking setback and the adjacent property line can only be used for landscaping and buffering pursuant to the requirements of this chapter

(Ord. 24-115. Passed 10-1-24.)

   In the TCD-2 Subdistrict, public or private open space shall not be less than 20% of the gross area of the District. "Open space" shall be defined as land unoccupied by buildings, hard surface paving, including driveways, streets and parking areas. "Open space" includes pedestrian walks, publicly accessible plazas, or areas planted with grass, ground cover, landscape material, trees or natural vegetation, parks located in the median of boulevards within the development and retention basins that are designed. Open space may be used for outdoor dining, retail kiosks, entertainment and public art.

(Ord. 24-115. Passed 10-1-24.)

   Principal buildings that are comprised ofretail/office uses, mixed-use (retail/office/residential), nursing homes, or assisted living facilities shall have height characteristics set forth as number of stories in Schedule 1281.09.

 

 

      * Any development within 100 feet of existing single-family residential zoning district shall have no more than two stories and shall consist of either single-family cluster or townhome development.

      (Ord. 24-115. Passed 10-1-24.)

   The minimum area of dwelling units shall comply with the requirements set forth in Section 1270.19. For nursing homes and assisted living facilities, the size of resident units shall comply with licensing requirements in OAC 3701, or other relevant licensing rules or regulations, and need not comply with Section 1270.19.

(Ord. 24-115. Passed 10-1-24.)

   Parking and driveways shall be permitted as an accessory use in accordance with the standards and regulations of Chapter 1282 except as further regulated herein.

   (a)   The parking required in a TCD may be provided in surface parking lots, enclosed garages or structured parking decks. A structured parking deck's maximum height shall be a minimum of 15 feet below the finished elevation of adjacent buildings.

   (b)   Parking for residential uses shall be provided at a rate of 2-1/4 spaces per dwelling unit.

   (c)   The required parking for retail and offices shall be 4 spaces per 1,000 square feet of floor area and 3 spaces per 1,000 square feet of floor area respectively.

   (d)   Notwithstanding the requirements set forth in this division (d), for a proposed development in the TCD-2, the Planning Commission may modify the parking required, and in such a case shall determine the amount of parking needed, taking into account the hours of operation of uses, the overlap in parking demand by different adjacent uses and the types of uses proposed.

      (1)   Shared parking is allowed between 2 or more uses to satisfy all or a portion of the minimum off-street parking requirements in TCD-1 and TCD-2.

      (2)   Shared parking is permitted between different categories of uses or uses with different hours of operation.

      (3)   A use for which an application is being made for shared parking shall be located within [800] feet of the parking facility.

      (4)   The reductions to parking permitted through shared use of parking shall be determined as a percentage of the minimum-parking requirement as modified by the applicant's parking feasibility study.

      (5)   An agreement, executed by the parties involved, ensuring the joint use and maintenance of shared parking areas and continuance of such upon transfer of ownership shall be filed with the Planning Commission and provided to the Building Department with an application for a building permit or a certificate of occupancy.

      (1)   Where shared parking arrangements are proposed, the Planning Commission shall determine the number of parking spaces that may be shared based on a shared parking feasibility study prepared by the applicant.

      (2)   A shared parking feasibility study shall:

         A.   Identify the properties and uses for the study (the study may include properties and uses not the subject of the application, provided that the applicant obtains a letter of authorization from the property owner or his or her agent);

         B.   Determine the number of parking spaces that would be required by applying the standard for the uses for all of the properties in subparagraph (2)A;

         C.   Determine the peak parking demand for the combined demand of all of the uses for all of the properties in subparagraph (2)A, above, using standard parking generation rates in sources approved by the Planning Commission; and

         D.   Compare the results of subparagraphs (2)B and (2)C, above.

         If the Planning Commission finds that the shared parking feasibility study is consistent with guidelines promulgated pursuant to paragraph (1), above, the Planning Commission shall use the lesser of the two parking demands calculated in subparagraph (2)D, above, as the minimum number of parking spaces to be provided for all the properties and uses in the study.

      (3)   If standard parking generation rates for any of the uses in the study are not available, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking feasibility study assumes use of an existing parking facility, the applicant shall conduct field surveys to determine actual parking accumulation.

   (g)   On-street and curbside parking is encouraged throughout TCD-2. On-street parking shall be required along Main Streets within TCD-2. A Main Street is defined as a roadway where development fronts the roadway corridor, excluding single family cluster or townhome developments. Further roadway definitions and an illustration of a Main Street typical section is shown in Section 1281.16(e).

   (h)   Electric vehicle (EV) charging stations are encouraged to be used within TCD-2. Proposed locations shall be identified on a site plan and reviewed by the Building Department and other city departments, as necessary, for compliance with all applicable city requirements.

      For the purposes of this section, an EV charging station shall mean a public or private parking space that is served by battery charging station equipment for the purpose of transferring electric energy (by conductive or inductive means) to a battery or other energy storage device within an electric vehicle. An EV ready space shall mean a public or private parking space that is provided with one 40-ampere, 208/240-volt dedicated branch circuit for future dedicated Level 2 EV charging station service.

      (1)   An EV charging station shall be an accessory use to the main use of the property.

      (2)   An EV charging station shall be either a Level 2 or Level 3 charger. If a charging station has more than 1 port, each port shall count as a charging station.

      (3)   The designated parking space(s) for EV chargers shall be provided at a minimum of 1 to 50 spaces within all surface parking lots, enclosed garages, structured parking decks, or on-street parking areas within TCD-2.

      (4)   The designated parking space(s) for EV ready shall be provided at a minimum of 1 to 25 spaces within all surface parking lots, enclosed garages, structured parking decks, or on-street parking areas within TCD-2.

      (5)   The recommended parking space dimensions for an EV charging station are a minimum often 10 feet wide by 20 feet long when new spaces are installed for such use.

      (6)   The charging station/equipment shall be protected by wheel stops or bollards.

      (7)   Each parking space designated for an EV charging station shall be clearly marked as reserved for EV charging only.

      (8)   Charging station equipment, not including the charging station itself, shall not exceed 8 feet in height and shall be screened to limit the visual impacts of the charging station equipment. Screening may consist of masonry, fencing, and/or landscaping elements.

      (9)   Charging stations shall not include overhead canopies.

      (10)   The location, legend, and mounting height details for any proposed electric vehicle parking sign shall be included on the plans and submitted with the building permit application.

      (11)   Any branding or advertising located on the charging station that consists of moving, flashing, or rotating signage or imagery, or the use of audio devices shall be prohibited.

      (12)   The EV charging station shall comply with the current National Electric Code (NEC) standards and shall be inspected once a year. Proof of inspection shall be made available to the Building Department, upon request.

      (1)   Within TCD-2, bicycle parking must be provided on all surface parking lots, enclosed garages, structured parking decks where new construction or any alteration of an existing principal structure occurs or where a parking area is newly constructed or expanded and exceeds 6,000 square feet of parking area, even if such parking area is private or for lease only. Bicycle parking shall not be required on a lot with single-family cluster or townhome dwellings.

      (2)   Bicycle parking spaces shall be provided at a rate of 1 bicycle parking space per 50 motor vehicle parking spaces; however, not more than 10 bicycle parking spaces shall be required for any lot.

      (3)   If one or more publicly installed bicycle parking space(s) is provided on the public right-of-way within 200 feet of a lot, such publicly installed bicycle parking space(s) shall contribute to the satisfaction of the minimum bicycle parking spaces required by this section for that lot.

      (4)   Bicycle parking areas shall be designed so that when fully occupied, bicycles, including bicycle trailers, shall not obstruct an adjacent sidewalk, path, or other pedestrian way.

      (5)   Bicycle parking spaces shall be located not more than 200 feet from the main entryway into the principal structure.

      (6)   Bicycle parking spaces should include infrastructure that allows a bicycle to be secured using a standard U-shaped bicycle lock.

         A.   The bike rack or similar structure should be secured to the ground or adjacent building in a way that reduces the risk of detachment by vandals, such as by anchoring the structure in concrete or by securing it to the pavement using antitheft-style nuts and bolts.

         B.   The bike rack or similar structure must be reasonably accessible from the right-of- way by any users of the lot when maneuvering a standard bicycle.

   (j)   Parking for nursing homes and assisted living facilities shall be provided as required in Chapter 1282.

(Ord. 24-115. Passed 10-1-24.)

   (a)   Individual businesses located within the TCD shall have signs in accordance with sign criteria set forth in Section 1284.12.

   (b)   Nonresidential developments proposed in TCD-2 Subdistricts shall submit a sign plan along with the proposed development plan which shall have to be approved by the Planning Commission.

   (c)   Notwithstanding Chapter 1284, development plans for TCD-2 may plan for monumental entrances into developments.

(Ord. 24-115. Passed 10-1-24.)

      (1)   Provide lighting systems that enhances vision, minimizes glare and light spillage, promotes energy efficiency, are appropriate for the task.

      (1)   All developments with 10 or more required parking spaces shall provide exterior lighting for all exterior doorways, pedestrian pathways, and vehicular use areas. All developments with fewer than 10 parking spaces shall provide exterior lighting at all exterior doorways.

      (2)   All exterior lighting shall be designed in a consistent and coordinated manner for the entire site. To avoid creation of "hot spots" or irregular lighting levels, lighting uniformity across a horizontal surface shall have an average range from one footcandle to three footcandles or not exceeding 4:1 average to minimum light levels.

      (3)   No site or sign lighting shall be illuminated in a way that moves, has the appearance of movement, or produces a flashing light effect.

      (4)   The use of laser light source, searchlights or any similar high intensity light for commercial outdoor advertisement or entertainment is prohibited.

      (5)   The following are exempt from this section, provided that they have no glare or other detrimental effects on adjoining streets or property owners:

         A.   Pedestrian walkway ground lighting;

         B.   Single-family cluster or townhome lighting; and

         C.   Public street lights.

         A.   Lighting provided for security or visibility on any site shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from any residential district or use.

         B.   Lighting attached to buildings or other structures shall not permit light to be directed horizontally. Building-mounted lighting shall be fully shielded and directed downward to prevent off-site glare. If the exterior walls of a structure are to be illuminated, the lights must be mounted at the top of the wall and aimed down. Ground or pole- mounted floodlights are not allowed for facade lighting.

         C.   All exterior lighting, including but not limited to doorways, architectural, accent, landscape, signs, decorative, security, floodlighting, or area lighting shall be "total cutoff type" or no portion of the lamp, reflector, lens, or refracting system may extend beyond the housing or shield so as to create or allow glare to be visible from offsite. An illustration of "cutoff type" lighting is shown below.

         D.    Building perimeter wall lights shall be cutoff type and shall direct the light down. The lamp shall not be visible from normal viewing angles. Exterior emergency lighting shall be provided at all exit doors.

         E.   Decorative incandescent lights 100 watts or lower do not require shielding.

         F.   Lighting required by the Building Code for emergency egress when operating emergency conditions is exempt from this requirement.

         A.   Fixtures used shall maintain a unified lighting standard, minimize shadows for site safety, and minimize sky glow.

         B.   Except as otherwise provided below, light fixtures shall be no higher than 20 feet (measured from the ground to the top of the fixture) and shall be provided with light cut-off fixtures that direct light downward.

         C.   For parking lots serving a single building or groups of related commercial, retail, or office buildings in excess of 500 spaces, light fixtures may be permitted up to a maximum height of 35 feet when the poles are at least 150 feet from a residentially used or zoned site.

         A.   Pole-mounted lights shall use not greater than 250 watt metal-halide lamps at mounting heights of 20 feet and below, 400 watt metal-halide lamps at 35 feet mounting height. One thousand watt lamps shall not be used.

         B.   Light originating on a site shall not be permitted beyond the site to exceed the following values when measured at grade, 10 feet beyond the property line for the following adjacent properties:

            Residential            0.3 footcandles

            Multi-family            0.5 footcandles

            Office/retail/mixed-use   1.0 footcandles

         C.   Canopy lights shall be mounted flush with the underside of the canopy and provided with flat lenses to limit glare.

         A.   Decorative "streetscape" luminaires, not higher than 18 feet may be used for pedestrian and roadway illumination provided luminaires with cutoff optics are used. Normal lamp wattage shall be 100 watts, not to exceed 175 watts. Multiple luminaires may be mounted on a common pole to achieve higher light levels where required.

(Ord. 24-115. Passed 10-1-24.)

   The following planning guidelines are established to guide the planning, development and use of the land in a TCD.

   (a)   Buildings shall be located near the street in a TCD-2 Subdistrict.

   (b)   Sites located in TCD-1 Subdistricts shall have a landscaped area along the front property lines with sidewalks connecting to adjacent parcels and coordinated site elements i.e., paving, lighting fixtures, outdoor seating, canopied trees, pedestrian gathering areas, signage and landscaping that is cohesive with the architecture of the existing structures and that of a traditional town center.

   (c)   New nonresidential developments in TCD-2 shall be designed to:

      (1)   Maximize building design relationship to existing or new development on existing street frontage.

      (2)   Concentrate the new buildings along a newly constructed main street (whether public or private).

      (3)   Have a strong building massing and pedestrian connections with adjacent residential development.

      (4)   Encourage an intensity of development (floor area per acre).

   (d)   The vehicular and pedestrian circulation system and parking facilities shall be designed to provide safe movement throughout the district. Parking areas shall be limited in size, enclosed and/or screened so as not to dominate the areas between buildings. Driveways for group developments and local streets shall be connected to major streets at limited locations where traffic can be controlled and operated efficiently with minimum interference to the capacity of existing streets. The Planning Commission and Council shall determine the number and location of street and drive connections to any existing street.

(Ord. 24-115. Passed 10-1-24.)

   (a)   In compliance with the principles set forth in Section 1281.14, the plan may include a variety of building arrangements i.e. bulk and shape of the buildings, open space and landscape features. The buildings may be arranged in various groups, courts or clusters with open spaces related to the buildings so as to provide privacy and form a unified composition of buildings and open spaces. While flexibility in design is encouraged, the following design guidelines shall be incorporated in the final development plans:

      (1)   The adjoining properties shall be protected from loss of light and air because of the proximity or location of buildings. Buffering shall have maximum opacity with a minimum height of six feet at the time of installation. Such buffer, approved as part of the development plan, may include: fencing, walls, mounds, vegetation (existing or new) or any of these combinations. See specific bufferyard requirements in Section 1281.05.

      (2)   Parking areas and spacing of garage doors shall be designed to lessen the visual impact and limit the concentration of blank walls, garage doors and large paved areas.

      (3)   Landscaped areas, screen walls, decorative fences, earthen mounds, hedges, mature trees and other landscape features shall be used throughout the district to separate uses and buildings within the district from areas outside the district. Existing wooded areas shall be preserved where possible and existing trees which cannot be preserved shall be relocated on the site where feasible.

   (b)   Mixed use development shall be pedestrian-oriented with first floor retail storefronts, curbside parking where appropriate, pedestrian plazas, and shall include other features such as decorative street furniture, landscaped streets and walks, weather-protected walkways, outdoor seating, bicycle facilities including paths and parking, decorative pavement to indicate pedestrian areas and crosswalks, traffic calming measures, transit accommodation and signage that is compatible with the building architecture and pedestrian scale.

         A.   The facility shall only be used in conjunction with, and under the same management and exclusive control of, a restaurant located on the same or contiguous property.

         B.   The use shall not interfere with the flow of pedestrian traffic. The approving authority shall determine to what extent, if any, such use may encroach upon the public right-of-way, provided that an unobstructed walkway of a width specified in the conditional use approval is reserved for public passage. In no case shall the unobstructed walkway be less than six feet in width.

         C.   Before a conditional use permit is granted for the use, it shall be determined that the facility will not create an undue parking shortage within the district.

         D.   Temporary stanchions with chains or ropes may be approved for the outdoor dining facility, the extent and nature of which shall be set out in the conditional use permit. Planning Commission approval shall be required only for fencing that is temporarily or permanently affixed to the ground or floor of the outdoor dining area.

      (1)   All developers shall plant trees along public streets of their developments in such a manner, type, quantity and location as set forth below. The developer is required to create a landscaping plan promoting climate resistant tree species to be approved by Planning Commission. Any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development.

         A.   The maximum spacing between trees shall be 50 feet.

         B.   The tree location shall be at least 30 feet from an existing stop sign or from the standard location of a stop sign at street intersections and 10 feet from fire hydrants and utility poles.

         C.   A small sized tree species shall be used when planting under or within 10 lateral feet of overhead utility wires. A medium sized tree species shall be used when planting within 20 lateral feet of overhead utility wires.

         D.   The developers shall be required to maintain the trees for two years after the trees are planted and to replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such two-year period. A two-year guarantee period shall begin at each planting and shall recommence as trees are replaced. Upon completion of a street tree planting, the landscape contractor or developer, at their own cost, shall provide to the Building Department an inspection report completed by a certified professional. The guarantee period shall begin after the approval of the provided inspection report. A final inspection report shall be provided at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the inspection report, shall promptly be replaced at the expense of the developer.

   (d)   Walls of nonresidential buildings shall comply with the following:

      (1)   When the wall of a retail or mixed use building faces a public right-of-way, or parking area, or is within 45 degrees of facing a public right-of-way, a minimum of 50% of such wall area, on the ground floor, shall have display-type windows. The bottom edge of such window shall not be higher than three feet above grade. A maximum of 20% of such windows may be opaque.

      (2)   Walls shall have no more than 20 feet of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays or an undulation of the building, so that a pedestrian scale, rhythm and visual interest is created.

      (3)   Walls that meet the following criteria shall be exempt from the requirements of division (d)(2) of this section:

         A.   Two walls face one another, are separated by not more than 30 feet and the space between the 2 walls is used for servicing the buildings; or

         B.   The wall faces an area devoted solely to loading and delivery and the wall is screened from view from all public rights-of-way, parking areas and abutting residential areas.

   (e)   Canopies and/or awnings may project from a building face and may extend or be within one foot of the back of a curb. Open arcades providing cover over sidewalks in front of buildings may extend to within 5 feet of a street curb.

   (f)   Buildings in the district and those constructed in phases shall be harmonious in design, exterior materials and color so as to provide a coordinated architectural design for the development area.

   (g)   All enclosed parking spaces shall have a permanent roof, continuous foundation and concrete floor. The exterior wall shall be designed with finished exterior materials, decorative walls, landscaping, and minimum wall openings in order to be consistent with the objectives of this chapter and to adequately screen the view of parked cars within the garage from the adjacent properties and public areas within the development.

   (h)   Roofs at grade, with ground cover, landscaping, recreation facilities or landscaped patio for underground parking may count as part of the required open space.

   (i)   To avoid the appearance of an institutional use, nursing homes and assisted living facilities should be designed in a manner that breaks down the mass of building(s). Where this is not possible, facade treatment, exterior detailing and landscaping should be provided to relieve extensive blank surfaces.

(Ord. 24-115. Passed 10-1-24.)

   The following design standards shall apply to all development in the district:

   (a)   Developments shall be designed to utilize the natural contours of the land, economize in the construction of utilities, reduce the amount of grading, and to maximize the conservation of trees and topsoil. Utility service including gas, water, sewers, electric, cable, broadband, and telephone, shall be installed underground in compliance with appropriate City ordinances.

   (b)   Developers are encouraged to utilize innovative stormwater management approaches including permeable pavement, bioswales, and/or rain gardens where appropriate. Retention basins, if required, can also be used and shall be designed to be an integral part of the development and as an amenity to the residents. Depths of basins shall be shallow and side slopes of such basins shall be less no steeper than 3 to 1. The borders of retention basins shall have natural or curvilinear shapes and shall be planted with grass and trees to blend in with the landscape features of the development. Underground stormwater detention systems may also be utilized in place of the above-mentioned retention basin. All proposed stormwater management systems shall be approved by the City Engineer and meet the requirements of the North Royalton Codified Ordinances.

   (c)   In the planning of single-family cluster and townhouse developments, land should be provided for private outdoor use of the occupants at such locations as entrances or garden sides of the dwellings.

   (d)   The common land shall be readily accessible and of such shape and size to be usable for recreation, open space and landscaping. The integrity of the common open space shall be guaranteed from further division and/or use through deed restrictions or covenants. Common lands and required buffering shall be further maintained by the owner or through a homeowners association and/or condominium association.

   (e)   New internal streets constructed as part of a development within TCD-2 shall meet the following criteria for Main Streets, Auxiliary Streets, or Alleys.

   (f)    Any streets serving more than 100 dwellings, dwellings of different types or nonresidential uses shall be dedicated public streets unless otherwise approved by the Planning Commission and Council. Private street pavements shall be constructed to City standards for public streets unless a different standard is approved by Council. All private streets shall be within an easement granted to the City for access. All private streets shall be owned and maintained by the landowner or condominium association.

   (g)   Parking lots shall be screened from adjacent residential uses and public streets with dense evergreen hedges or trees and/or earthen mounds or other effective screening as approved by the Planning Commission.

   (h)   All roofed surfaces shall be provided gutters and downspouts connected to an approved storm system.

   (i)   All driveways and parking areas shall be designed and constructed with positive drainage with catch basins.

   (j)   All driveways and parking areas serving more than four dwelling units shall have concrete rolled or barrier curbs defining the limits of the paved areas. Sidewalks shall be provided to all dwelling units connecting the dwelling to the required parking spaces and to the public streets.

   (k)   Trash storage containers shall be enclosed with a 6-foot high masonry wall on three sides with a closable door. Trash enclosures shall be screened with landscaping, located not less than 6 feet from any frame building and provided a concrete pad and apron adequate to support collection vehicles.

(Ord. 24-115. Passed 10-1-24.)

   A preliminary development plan shall be required for all development in TCD-2 in accordance with Section 1281.20. The preliminary development plan required in this chapter shall be defined as per Section 1281.20, and in addition shall contain the following information:

   (a)   Survey or engineering drawing of the development area to be developed;

   (b)   Permanent parcels including parcel numbers and dimensions of all parcels or portions contained in the proposed district;

   (c)   Location and number of dwellings by dwelling type in each area, acreage of each area and densities in each area of the district;

   (d)   A site plan depicting location, arrangement of all proposed nonresidential buildings and related parking;

   (e)   Preliminary building design;

   (f)   Preliminary site landscaping and site amenities plan. Site amenities included walkways, plazas, "street furniture" and lighting;

   (g)   Location of existing and proposed public roads, private streets, parking and circulation;

   (h)   Minimum peripheral setbacks around the perimeter of the district;

   (i)   Plans and/or cross-sections depicting how the buffering and screening requirements of this chapter will be satisfied;

   (j)   Location of all existing structures on the property which is subject of the application and any structures within 100 feet of the boundary of the proposed application;

   (k)   The plan shall include a documentation that phases of construction for nonresidential development will occur in a manner that rationally expands the TCD character that is consistent with the goals of the Master Plan and does not result in isolated fragments;

   (l)   Location, type and size of any easements, covenants, deed restrictions or other restrictions proposed or recorded;

   (m)   Such other relevant information as the Planning Commission may require.

   (a)   A final development plan for TCD-2 developments shall be submitted and approved prior to the application of building permits. The procedure and requirements for the final development plan shall be as provided in Section 1281.20. The final development plan may be phased for portions of the development area within the preliminary development plan approved by Council. Each phase of development shall contain all necessary improvements to support that phase including but not limited to: utilities, retention, access, fire protection, parking, lighting, landscaping, buffering and required trees. Each phase shall also comply with all other codes and ordinances of the City to the extent not expressly modified by the specific terms contained in this section of the Codified Ordinances.

   (b)   In the TCD-2 Subdistrict, the applicant shall also prepare and submit for approval by the Planning Commission in accordance with Section 1281.20, a Design Manual to establish the architectural design specifications and general design guidelines for the entire TCD proposed. The Design Manual shall include, but not be limited to, and shall provide examples of, architectural style of buildings, design features, exterior finish materials of buildings, basic design of streets, street furniture and fixtures, lighting specifications, general landscaping design, sidewalk and pedestrian plaza design criteria and other design elements of the development.

   (c)   For projects that do not require a preliminary or final development plan according to 1281.17 or 1281.18(a), a site development plan shall be prepared by the developer and shall be submitted to the Planning Commission for review and approval pursuant to Chapter 1220.

(Ord. 24-115. Passed 10-1-24.)

   In the event of a conflict between the provisions contained in this chapter and other provisions contained in these Codified Ordinances, the provisions and regulations contained in this chapter shall govern.

(Ord. 24-115. Passed 10-1-24.)

      (1)   The topography, at two-foot contour intervals, of the proposed development area, including permanent parcels with parcel numbers and dimensions of all parcels or portions contained and adjacent to the development area, property lines, easements, street rights-of-way and existing structures, trees and landscape features existing thereon, and a certificate, by a registered engineer, architect or surveyor, of the gross area of the development area in acres and square feet;

      (2)   The proposed vehicular and pedestrian traffic patterns, including the proposed location and design of public and private streets; the directional flow and location of existing and proposed storm and sanitary sewers and sewers connecting with existing or proposed Municipal interceptor, outlet or trunk sewers outside of the development area; the location and design of parking and service areas; and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits;

      (3)   The proposed assignment of use and subdivision of all land, including private land and common land, with a certificate by a registered engineer or surveyor of the gross area of each use of the development area in acres and square feet;

      (4)   The location of all structures in the development area to be retained, all structures to be removed, and all structures lying outside of the boundaries of the development area, located within 200 feet thereof;

      (5)   The proposed forms of covenants running with the land; deed restrictions, including those with respect to the use of the common land; covenants, restrictions or easements proposed to be recorded; and covenants proposed for maintenance;

      (6)   A schedule of construction and cost estimates for the completion of the development, including all public and private improvements in the development area; and

      (7)   Wetlands plan approved by the Army Corps of Engineers and Ohio EPA.

      (8)   Such other relevant information as the Planning Commission may require.

      The plan of a development area shall be prepared by professional persons qualified in the planning of land development, traffic engineering and building and landscape design. Specifically, the architectural and engineering services required for the preparation of the plan shall be rendered by licensed professional persons, and the landscape and area planning and design shall be provided by persons who only provide professional advice and services.

      (1)   Within 60 days after a preliminary plan has been filed with the Secretary, the Planning Commission shall evaluate the plan and reports required under this section, and it shall furnish to the Council its detailed report and recommendation with respect thereto.

      (2)   The report of the Planning Commission shall include either a finding that the preliminary plan complies with the regulations, standards and criteria prescribed by this chapter for Traditional Town Center development areas applicable to the proposal, or a finding of a failure of such compliance, and shall recommend that the preliminary plan be approved, disapproved or modified. If, in any such evaluation, the Planning Commission finds that any regulations, standards or criteria prescribed by this chapter 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 adjustment in such regulations, standards or criteria be made, provided that such adjustment will not be in conflict with the promotion of the public health, safety and general welfare of the Municipality.

      (3)   The report of the Planning Commission, shall be filed with the Clerk of Council for submission to Council, Mayor, Law Director, City Engineer, City Planner (or a planning consultant), Building Commissioner, Fire Department, Police Department, Economic Development Director and Planning Commission.

      (1)   Council, at its next regular meeting following receipt of the Planning Commission report and recommendations, shall set a date for a public hearing on the preliminary plan of the development area, including the report of the Commission thereon, and shall give at least 15 days notice of the time, place and purpose of such hearing, by publication in 2 newspapers of general circulation in the City.

      (2)   Following the public hearing, Council shall either approve, disapprove or modify the preliminary plan. Council may affirm by majority vote any of the Planning Commission's recommendations or may disapprove a favorable recommendation of the Planning Commission by a majority vote of its members. If Council reverses a recommendation of the Commission recommending disapproval of a preliminary plan, it shall do so only by the affirmative votes of not less than two-thirds of its members.

      (1)   Following approval by Council, the Clerk of Council shall notify the City Engineer, Building Commissioner, and the developer of such action. The developer shall be permitted to proceed with construction of the subdivision improvements in accordance with Chapters 1242, 1244, and 1248. The developer is not eligible for building permits until completion of any and all subdivision improvements as outlined in Chapters 1240 through and including Chapter 1248.

      (2)   The final development plan shall be in substantial accordance with the preliminary development plan and shall comply with the following:

         A.   All the conditions imposed by Council in the approval of such preliminary development plan.

         B.   Be in conformance with all of the design standards and criteria of this Zoning Code.

         C.   All deed restrictions, dedications, covenants, agreements and other documents are in acceptable form and have been executed and all fees paid.

      (1)   All the conditions imposed by Planning Commission and/or Council in the approval of such preliminary development plan.

      (2)   Be in conformance with all of the design standards and criteria of this Zoning Code.

      (3)   All deed restrictions, dedications, covenants, agreements and other documents are in acceptable form and have been executed and all fees paid.

      (4)   Completion and compliance with all requirements and agreements entered into in the Subdivision Construction Agreement.

      (5)   Approval of the City Engineer.

      If the Planning Commission finds that a proposed final plan of a development area is in substantial accordance with the preliminary plan heretofore approved by Council, the Commission shall then approve such final plan and certify its approval to the Clerk of Council.

      Council, at its next regularly scheduled meeting, upon a finding that the construction of the subdivision improvements are completed in accordance with agreements with the developer and in compliance with all required code provisions, shall ratify its prior approval of the preliminary plan, accept the report from the Planning Commission approving the final plan, shall approve and certify the final plan.

(Ord. 24-115. Passed 10-1-24; Ord. 24-141. Passed 9-3-24.)