North Royalton City Zoning Code
TITLE SIX
Zoning
CHAPTER 1280 Planned Unit Developments (Repealed)
EDITOR'S NOTE: Chapter 1280 was repealed by Ordinance 06-72, passed July 18, 2006.
Appendix I: Illustrations of Yard Regulations for Multifamily Dwellings
Appendix II: Parking Area Design Standards
Appendix III: Illustrations of Yards and Building Line
COMPARATIVE SECTION TABLE
Editor's Note: Please see Comparative Section Table - Zoning (preceding Charter).
1260.01 SHORT TITLE.
This Title Six of Part Twelve of these Codified Ordinances shall be known and referred to as the "City of North Royalton Zoning Code" and shall be referred to throughout this Title Six of Part Twelve of these Codified Ordinances as "this Zoning Code."
(Ord. 1988-170. Passed 10-17-88.)
1260.02 PURPOSES AND INTENT.
(a) The purposes of this Zoning Code, and the intent of the legislative authority in its adoption, are to promote and protect, to the fullest extent permissible under the provisions of the Ohio Revised Code, as modified by the Charter of the City of North Royalton, the public health, safety, convenience, comfort, prosperity and general welfare, by regulating the use of buildings, other structures and land for residences, public facilities, business, services, industry and other purposes; by regulating and restricting the bulk, height, design, percentage of lot coverage and location of buildings, and the area and dimensions of yards, courts and other open spaces; by regulating and limiting population density; by dividing the land, for the aforesaid purposes, within the corporate limits of the City, into districts of such number and dimensions as are in accordance with the objectives of the Master Plan; and by providing procedures for the administration and amendment of this Zoning Code.
(b) This Zoning Code is intended to achieve, among others, the following objectives:
(1) To protect the character and values of residential, institutional, public business, commercial and manufacturing uses and to insure their orderly and beneficial development;
(2) To provide adequate open spaces for light, air and outdoor uses;
(3) To prevent overcrowding of the land;
(4) To prevent excessive concentration of population and, on the other hand, to prevent sparse and uncoordinated development;
(5) To regulate and control the location and spacing of buildings on the lot and in relation to the surrounding property so as to carry out the objectives of the Master Plan of North Royalton;
(6) To regulate the location of buildings and the intensity of uses in relation to streets according to plans so as to cause the least interference with, and be damaged least by, traffic movements, hence resulting in lessened street congestion and improved public safety;
(7) To establish zoning patterns that insure economical extensions for sewers, water supply, waste disposal and other public utilities, as well as development of recreation, schools and other public facilities;
(8) To guide the future development of the Municipality so as to bring about the gradual conformity of land and building uses in accordance with the objectives of the Master Plan of North Royalton; and
(9) To accomplish the specific intents and goals set forth in the introductions to the respective chapters.
(Ord. 1988-170. Passed 10-17-88.)
1260.03 INTERPRETATION AND APPLICATION; CONFLICTS.
In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort and general welfare.
Whenever the provisions of this Zoning Code require a greater width or size of yards or other open spaces, or a lower height of buildings, or fewer stores, or a greater percentage of a lot to be left unoccupied, or a lower intensity of population, or a more restricted use of land, or higher standards than are required in any other ordinance, regulation, private deed restriction or private covenant, the provisions of this Zoning Code shall govern, but if the requirements of the other ordinance, regulation or private covenant are more restrictive, then those requirements shall govern, if they are not in conflict with City, State or Federal laws.
(Ord. 1988-170. Passed 10-17-88.)
1260.04 SEPARABILITY; REPEALER.
(a) If any section, subsection, sentence, clause or phrase of this Zoning Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Zoning Code.
(b) All ordinances or parts of ordinances of the City, in conflict with any regulation, provision, amendment or supplement of this Zoning Code, are, to the extent of such conflict, hereby repealed.
(Ord. 1988-170. Passed 10-17-88.)
1260.05 FORM OF CODE.
This Zoning Code is subdivided into chapters. Each chapter is subdivided into sections which are numbered in sequence within the chapter, commencing with the first section of Chapter 1260, which shall be numbered 1260.01. The chapter and section headings herein have been inserted for convenience in reference and are not intended to define or limit the scope of, or otherwise affect, any provision of this Zoning Code.
(Ord. 1988-170. Passed 10-17-88.)
1260.06 EFFECTIVE DATE.
This Zoning Code shall become effective from and after the date of its approval and adoption, as provided by law.
(Ord. 1988-170. Passed 10-17-88.)
1260.07 DEFINITIONS.
(a) Rules of Construction. Words in this Zoning Code are normally used in their ordinary English usage. Certain terms are, however, defined in this section, and wherever such terms are used in this Zoning Code they shall have the meanings set forth in this section, except where the context clearly indicates a different meaning.
(b) General Terms.
(1) The word "shall" is to be interpreted as mandatory; "should" is to be interpreted as expressing that the application of such criteria or standard is desired and essential unless commensurate criteria or standards are achieved; and the word "may" is a permissive requirement.
(2) All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(3) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
(4) "Board" means the Board of Zoning Appeals of the City of North Royalton, Ohio.
(5) "City" means the City of North Royalton, Ohio.
(6) “Clerk” means the duly acting and qualified Clerk of Council of the City of North Royalton, Ohio.
(7) "Commission" means the City Planning Commission of the City of North Royalton, Ohio.
(8) "Council" means the legislative body of the City of North Royalton, Ohio.
(9) "Criterion" means a principle by which the planning of a development area shall be guided.
(10) "Developer" means a person commencing proceedings under this Zoning Code to effect the development of land and buildings for himself, for herself or for another.
(11) "Engineer" means the Engineer of the City of North Royalton, Ohio.
(12) "Inspector" means the Building Inspector of North Royalton, Ohio.
(13) "Person" means an individual, firm, association, organization, partnership, company, corporation, trust or any other legal entity, including his or its agents.
(14) "County" means the County of Cuyahoga, Ohio.
(15) "Regulation" means a rule, restriction or other mandatory provision in this Zoning Code intended to control, require or prohibit an act.
(16) "Standard" means a test, measure, model or example of quantity, extent or quality.
(c) Adult Business Uses.
(1) "Adult book store" means an establishment from which minors are excluded and in which a significant portion of its stock in trade is books, magazines, video cassettes, movie films or other photographic or written reproductions which are characterized or distinguished by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(2) "Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons thereof.
(3) "Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons thereof.
(4) "Specified anatomical areas" means less than completely and opaquely covered human genitals, the pubic region, buttocks, a female breast below a point immediately above the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(5) "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, the pubic region, buttocks or a female breast.
(d) Areas, Buildings and Land.
(1) "Area of buildings" means the area at the ground level of the main building and all accessory buildings, excluding unenclosed porches, terraces and steps, measured from the outside surface of exterior walls.
(2) "Area of dwelling unit" means the sum of the gross floor areas above the basement level, including those rooms and closets having the minimum ceiling height, light, ventilation and other features as required by the Building Code of the City and as further defined in Section 1270.19 of this Zoning Code.
(3) "Area of lot" means the total usable horizontal area within the lot boundary lines of a zoning lot.
(e) Automotive Uses.
(1) "Accessory parking area" means an open or enclosed private area, other than a street, used for the free parking of passenger automobiles for occupants, their guests or customers, of a main building.
(2) "Private garage" means a building, accessory to a one-family, two-family, townhouse or apartment dwelling, used exclusively for the parking or temporary storage of passenger automobiles.
(3) "Public parking area" means an open or enclosed publicly-owned area used for passenger automobile parking, with or without a fee.
(4) "Repair garage" means a main or accessory building used or designed for repairing motor vehicles. The term also means a service garage if it is accessory to an automobile salesroom.
(5) "Sales lot" means an open area used for the display, sales or rental of new or used motor vehicles, on which no repair (except minor work) is performed.
(6) "Service station" means a building and land, including pumps, tanks and grease racks, used for the retail sales of gasoline, lubricants, batteries, tires and other automobile accessories, and where minor services and repairs are performed.
(7) "Storage garage" means a main or accessory building, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
(8) "Truck terminal" means a temporary parking area for motor freight vehicles or trucks of common carriers during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight and office space.
(f) Building and Structures.
(1) "Accessory building" means a subordinate building detached from, but located on, the same lot as the main building, the use of which is incidental and accessory to that of the main building or use.
(2) “Accessory shelter” means an accessory building that is permanently affixed to the land, having not more than one floor and a roof. The shelter may be entirely open, or enclosed with fully transparent exterior walls and doors, or whose non-transparent exterior walls and doors shall not enclose more than twenty percent of the total building perimeter.
(3) “Basement” means the space of a building where the floor level is more than four feet below the average finished grade.
(4) “Building” means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open space or lot lines, and used as a shelter or enclosure for persons, animals or property. (Ord. 03-58. Passed 7-1-03.)
(5) “Building line” means a line established by this Zoning Code, generally parallel with and measured from the front lot line, defining the limits of a front yard, in which no building or structure may be located above ground except as may be provided in this Zoning Code.
(6) “Detached building” means a building surrounded by open space.
(7) “Land coverage” means the percentage of a lot covered by the main and accessory buildings.
(8) “Main building” means the building occupied by the main use or activity on or intended for the premises, all parts of which building are connected in a substantial manner by common walls and a continuous roof.
(9) “Private garage” means an accessory building or portion of a dwelling which is fully enclosed and used for the sheltering of permitted vehicles and storage of household equipment incidental to the residential occupancy.
(10) “Structure” means that which is constructed on or under the ground or attached or connected thereto, including, but not limited to, buildings, barriers, bridges, bulkheads, chimneys, fences, garages, outdoor seating facilities, parking areas, platforms, pools, poles, streets, tanks, tents, towers, sheds, signs, walls and walks, but excluding trailers and other vehicles, whether on wheels or other supports.
(Ord. 22-63. Passed 5-4-22.)
(g) Day Care Centers.
(1) “Adult Day Care Center” means a non-residential facility that administers to the needs of seniors. Such centers may provide for the health, nutritional, social, and daily needs of its occupants in a professionally staffed group setting for less than a twenty-four hour period. The care they provide is often a social model (focusing on socialization and prevention services) or a medical model (including skilled assessment, treatment and rehabilitation).
(2) “Child Day Care Center” means a non-residential facility that administers to the needs of infants, toddlers, preschool age children or school age children outside of school hours. Such centers may provide for the educational development, nutritional, social and daily needs of its occupants in a professionally staffed group setting for less than a twenty-four hour period.
(h) Families.
(1) “Family” means either one individual, two or more persons related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption, who live together in one dwelling unit and maintain a common household.
(2) “Roomer” means a person, other than a member of a family as defined above, who rents one or more rooms in a dwelling from the resident family. (Ord. 1988-171. Passed 10-17-88.)
(i) Dwellings and Other Living Accommodations.
(1) “Cluster dwelling, attached” means a building, containing attached single-family dwelling units, within a cluster development, which is designed and arranged so that every dwelling unit has two private entrances to the outdoors at ground level and also designed so that no living area of one dwelling unit is located above any other dwelling unit. Attached cluster dwellings are not permitted in R-1A and R-1B Districts.
(Ord. 95-94. Passed 7-18-95.)
(2) “Cluster dwelling, detached” means a detached single-family dwelling unit within a cluster development.
(Ord. 93-16. Passed 2-2-93.)
(3) “Dwelling” means a building designed or occupied exclusively for residential use and permitted accessory uses.
(4) “Dwelling unit” means space within a dwelling comprising a living, dining and sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family, but not including a tent, cabin, trailer or mobile home.
(5) “Hotel” means a building providing overnight accommodations in which access to each rental unit is provided by an entrance and central service core connected to interior halls.
(6) “Mobile home” means a self-propelled or nonself-propelled vehicle designed in a manner to permit use and occupancy thereof for human habitation whether resting on wheels, jacks or another foundation.
(7) “Motel” means a building or buildings providing overnight accommodations principally for automobile travelers in which access to each rental unit is provided directly through an exterior door or by an entrance connected to a common interior hall leading to the exterior.
(8) “Multifamily dwelling” means a building consisting of three or more dwelling units with various arrangements of entrances and party walls.
A. “Apartment” means a multifamily building comprised of three or more dwelling units arranged one above the other and side by side, attached by or separated by fireproof walls, each unit having at least one entrance connected to a common interior hall leading to the exterior.
B. “Plex” means a building comprised of four, or a maximum of five, single dwelling units arranged one above the other and/or side by side, attached by or separated by fireproof walls, each unit having an entrance from the exterior of the building.
C. “Townhouse” means a building comprised of single dwelling units attached by common fireproof walls, each unit having at least two separate exterior entrances.
(9) “Nursing home” means a home licensed by the Ohio Department of Health in accordance with OAC 3701 in which nursing care provided by registered or practical nurses is the primary function of the home.
(10) “One-family dwelling” means a building consisting of a single dwelling unit only, separated from other dwelling units by open spaces.
(11) “Rooming house” means a building operated for compensation by a resident family in which a room or rooms are provided for living and sleeping facilities to one or more persons.
(12) “Two-family dwellings” means a building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances.
(13) “Assisted living facility” means a residential care facility licensed by the Ohio Department of Health in accordance with OAC 3701 that provides living accommodations for seventeen or more unrelated individuals, in which accommodation, supervision and personal care services provided to individuals who are dependent on the services of others by reason of age or physical or mental impairment are the primary functions of the facility. Personal care services include laundry and housekeeping with at least one staff person on duty 24 hours each day. Assisted living facilities may also provide a mix of service uses to meet the needs of residents including: common dining room, laundry facilities, lounges, exercise facilities, physical and occupational therapy facilities, and personal services facilities such as a hair salon.
(Ord. 16-127. Passed 9-6-16.)
(j) Grades.
(1) “Established street grade” means the elevation established by the City at the roadway, centerline or curb in front of the lot.
(2) “Finished grade” means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(3) “Natural grade” means the elevation of the undisturbed natural surface of the ground prior to an excavation or fill.
(k) Height of Buildings.
(1) “Height of building” means the vertical distance measured from the highest point of the coping of a flat roof, or the vertical distance measured from the ridge of a pitched roof, to the average grade across the face of the building containing its principal entrance.
(2) “Story” means that portion of a building, other than a basement as defined herein, included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above.
(l) Home Occupations and Professional Offices.
(1) “Home occupation” means a gainful occupation enumerated in Section 1270.03 of this Zoning Code conducted by members of a resident family wholly within a dwelling or in a building accessory thereto.
(2) “Home professional office” means a secondary office in a dwelling occupied by a person practicing a profession enumerated in Section 1270.03 of this Zoning Code.
(3) “Residence/professional office” means a building which was originally built as a residence or a newly constructed building which is designed, constructed and maintained with a residential character and used as a home professional office with no resident family.
(m) Loading Spaces. “Loading space” means an open or enclosed space, other than a street, used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.
(n) Lots, Parcels and Lands.
(1) "Common land" means land within or related to a development or subdivision, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the subdivision or development and which may include such complementary structures and improvements as are necessary and appropriate.
(2) "Corner lot" means a lot abutting on two streets at their intersection, if the interior angle of intersection is not more than 135 degrees. (See Illustration A.)
(3) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with "street line." (See Illustration B.)
(4) "Homes association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member, and providing that each lot is subject to charges for a proportionate share of the expenses for the organization's activities such as maintaining the common property.
(5) "Interior lot" means a lot, other than a corner lot or through lot, with only one frontage on a street. (See Illustration A.)
(6) "Lot" means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded survey map, or by metes and bounds.
(7) "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines. (See Illustration B.)
(8) "Lot line" means the boundary of a lot separating it from adjoining public, common or private land, including a public street. (See Illustration A.)
(9) "Lot of record" means land designated as a separate parcel on a plat, map or deed in the records of the Cuyahoga County Recorder.
(10) "Lot width" means the horizontal distance of a lot measured along the building line at a right angle to the mean lot depth line. Width at the front lot line is measured along the street line. (See Illustration B.)
(11) "Private land" means land in a subdivision or development area which shall be adjoining, attached and assigned to a one-family, two-family or townhouse dwelling, to be held as an open space in ownership with the dwelling in the subdivision or development area and which shall be identified on subdivision and development plans submitted to the City.
(12) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line. If no such line exists, the rear lot line shall be deemed to be a line parallel to the front lot line not less than twenty feet long and lying wholly within the lot at the greatest distance from the front lot line. (See Illustration B.)
(13) "Side lot line" means a lot line which is neither a front nor a rear lot line. (See Illustration B.)
(14) "Through lot" means a lot, other than a corner lot, with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. (See Illustration A.)
(15) "Zoning lot" means a parcel of land abutting a dedicated street, occupied or intended to be occupied by a main and/or accessory use or a main or accessory building, as a unit, together with such open spaces as required by this Zoning Code. Unless the context clearly indicates the contrary, the term "lot" is used synonymously with zoning lot in this Zoning Code and it may or may not coincide with a lot of record.
(Ord. 1988-171. Passed 10-17-88; Ord. 15-72. Passed 9-15-15; Ord. 24-141. Passed 9-3-24.)
ILLUSTRATION A: LOT TYPES
ILLUSTRATION B: LOT TERMS
(n) Maps, Plans and Plats.
(1) "Cluster development" means a development which utilizes the design technique which concentrates buildings in specific areas on the site, allowing the remaining land to be used for recreation, common open space and the preservation of natural areas and environmentally sensitive features.
(Ord. 93-18. Passed 2-2-93.)
(2) "Design plan" means a plan prepared by the City for implementing components of the Master Plan, which may include, but is not limited to, the design, bulk, use, height, location and arrangements of buildings in respect to streets, open spaces, other structures and natural features.
(3) "Development area" means the minimum area of land permitted by this Zoning Code to be developed by a single owner or a group of owners, acting jointly, which may consist of a parcel or assembled parcels, and which includes a related group of one-family dwellings, townhouses and apartment dwellings planned and developed as an entity under the planned unit development procedures.
(4) "Final plan" means the final plan prepared by a developer based on the approved preliminary plan of a proposed development or development area, which consists of detailed drawings, specifications, cost estimates and agreements for the construction of the site improvements and buildings for the proposed development or development area.
(5) "Map" means a drawing showing geographic, topographic or other physical features of the land.
(6) "Master plan" means the plan and statement of the objectives and recommendations for the general location and extent of desirable future land development, community facilities and street plans for the City, duly adopted or officially accepted.
(7) "Plan" means a drawing of a proposed design or of work to be performed.
(8) "Planned unit development" means an area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or office areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified.
(9) "Plat" means a map of a lot, parcel, subdivision or development area on which the lines of each element are shown by accurate distances and bearings.
(10) "Preliminary plan" means a drawing prepared by a developer, which may include explanatory exhibits and text, submitted to the designated authority for the purpose of study of a proposed development of land, or a preliminary plan of land use of a development area which, if approved by the designated authority, provides the basis for proceeding with the preparation of the final plan of a development or development area.
(o) Nonconforming Buildings, Lots and Uses.
(1) "Nonconforming building" means a building existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the provisions regulating area, height and bulk of buildings, yards or any other building regulations of the district in which it is located.
(2) "Nonconforming lot" means a lot existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the lot area, width, access or any other lot requirements of the district in which it is located.
(3) "Nonconforming use" means the use of a building or land, existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the use regulations, off-street parking and loading requirements, performance standards or any other use regulations of the district in which it is located.
(p) Occupancy Certificates. "Occupancy certificate" means an official statement of the City of North Royalton certifying that a building, other structure or parcel of land is in compliance with the provisions of all applicable codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purpose designated thereon.
(q) Open Spaces. "Open space" means an area substantially open to the sky, which area may be on the same lot with a building. The area may include, along with natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the Planning Commission deems permissible. Streets, parking areas, structures for habitation and the like shall not be included.
(r) Performance Standards. "Performance standard" means a criterion established to control dust, smoke, fire hazards, explosion hazards, glare, heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
(s) Planned Unit Developments. (See paragraph (n)(10) hereof).
(t) Public Facilities. "Public facilities" means any publicly or quasi-publicly owned or operated land use, such as a park, playground or other recreational area, government building, school.
(Ord. 01-174. Passed 11-6-02.)
(u) Streets. "Street" means a public way for purposes of vehicular travel, including the entire area within the right of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined as follows:
(1) "Collector street" means a street supplementary to and connecting the major street system to local streets. (See Illustration C.)
(2) "Driveway and access drive" means a prepared hard-surfaced area providing ingress and egress for vehicles to and from private property and the public rights of way.
(3) "Freeway" means a divided arterial highway for through traffic to which access from abutting properties is prohibited and all street crossings of which are made by grade separated intersections. (See Illustration C.)
(4) "Industrial street" means a street designed and constructed to serve both truck and bus movements within an industrial area. Abutting property will have free access. On-street parking and loading are prohibited.
(5) "Local street" means a street primarily for access to abutting residential properties and to serve local needs. (See Illustration C.)
(6) "Major arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts. (See Illustration C.)
(7) "Other rights of way" means and refers to:
A. "Pedestrian way" means a public or private right of way solely for pedestrian circulation.
B. "Easement" means the right of a person to use common land or private land owned by another for a specific purpose.
(8) "Private street" means a street held in private ownership.
(9) "Right-of-way" means all of the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes.
A. "Roadway" means that portion of a right of way available for vehicular travel, including parking lanes.
B. "Tree lawn" means that portion of a right of way lying between the exterior line of the roadway and the outside right-of-way line.
(10) "Street line" means the street right-of-way line.
ILLUSTRATION C: STREET TYPES
(v) Uses.
(1) "Accessory use" means a use located on the same zoning lot with the main use of a building, other structure or land, which is subordinate and related to the main building or main use.
(2) "Conditional use" means an uncommon or infrequent use which may be permitted in specific districts subject to compliance with certain standards and explicit conditions set forth in this Zoning Code and the granting of a conditional use permit.
(3) "Main use" means the principal use of an activity conducted in a building, other structure or on land.
(4) "Use" means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied, or any activity conducted in a building, other structure or on land.
(w) Variances. "Variance" mean a modification of zoning regulations, permitted in instances where a literal application of the provisions of this Zoning Code would result in unnecessary hardship as a result of some peculiar or unique condition or circumstance pertaining only to the zoning lot, in question in accordance with procedures and standards set forth in Chapter 1264.
(Ord. 1988-171. Passed 10-17-88.)
(x) Walking Paths. "Walking path" means a designated pedestrian accessway, owned by a homeowners association, through common land, intended for the use of development residents. This path need not meet the standards for sidewalks.
(Ord. 95-95. Passed 7-18-95.)
(y) Yards.
(1) "Court" means any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on two or more sides by the walls of a building. (See Illustration D.)
(Ord. 1988-171. Passed 10-17-88.)
(2) "Front yard" means the yard extending from the front wall of a building to the front lot line across the full width of the lot, with the exception of corner lots, where, for reasons of size and/or layout of the dwelling, the front elevation of the dwelling may face the side yard of the intersecting street or be at an angle to it, and shall be subject to side yard setback requirements, and the rear elevation may face the interior side yard to the same degree and, subject to the requirements of Section 1270.10, the dwelling shall be placed to minimize the impact upon adjoining residences. Assigned street addresses shall be maintained.
(Ord. 91-107. Passed 6-4-91.)
(3) "Rear yard" means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot. (See Illustration B.)
(4) "Required yard" means the minimum yard required between a lot line and a building line or the line of any parking area of any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward except for projections on buildings as permitted in this Zoning Code and except for walks, landscaping and other yard or site features.
(5) "Side yard" means the yard extending between a side lot line and the nearest wall of the building, and from the front yard to the rear yard, provided that for a corner lot the side yard extends from the front yard to the rear lot line. (See Illustration B.)
(6) "Yard" means that portion of the open area on a lot extending between a building and the nearest lot line, or between an accessory use of a building and the nearest lot line as established in this Zoning Code.
(z) Zoning Certificates. "Zoning certificate" means an official statement certifying that a proposed building or use complies with all the provisions of this Zoning Code.
(Ord. 1988-171. Passed 10-17-88.)
ILLUSTRATION D: COURTS
1260.08 REQUIRED YARDS TO BE MAINTAINED.
The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building, and a yard of less than the required dimensions shall not be further reduced in any manner.
(Ord. 97-215. Passed 4-21-98.)
1260.09 SIDE YARDS OF INSUFFICIENT WIDTH
Where side yards are narrower than required for the district in which the building and lot are located, which building and lot were owned and separately from all other tracts of land on the effective date of this Zoning Code, or any amendment thereto, and are still so owned, the building may be maintained or altered but may not be enlarged in width until the total width of the side yards complies with this Zoning Code.
(Ord. 97-215. Passed 4-21-98.)
1260.10 YARDS FOR IRREGULAR LOTS.
The specific yard regulations set forth in this chapter may be modified by the Board of Zoning Appeals in accordance with the standards established in Section 1264.08 where the regulations cannot be complied with reasonably as a result of the irregular shape of a lot or for topographical reasons.
(Ord. 97-215. Passed 4-21-98.)
1260.11 PROJECTIONS INTO YARDS.
(a) A projection is that part or feature of a building which extends or projects outside of the enclosing walls. It is intended that certain features may project into required yards but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots as follows.
(b) Building features may project into a front, side or rear yard of a dwelling measured from the established yard line, as follows:
(1) Architectural feature. A belt course, balcony, cornice, butter or chimney may project into a front and side yard for a distance of two feet, provided that no part is less than three feet from any side lot line.
(2) Entrance feature. An open platform, landing, steps, terrace or other feature, not extending above the first floor level of a building, may extend six feet into a front yard and three feet into a side yard.
(3) Enclosed shelters. An enclosed entry or porch shall not project into any required yard area.
(4) Unenclosed shelters. An entrance hood or open but roofed porch may project six feet into a front yard and three feet into a side yard.
(Ord. 97-215. Passed 4-21-98.)
1260.12 REQUIRED LOT AREA TO BE MAINTAINED.
A parcel of land may be subdivided into two or more parcels provided that all lots resulting from such division shall conform to all the lot area and width regulations of the zoning district in which they are located. A lot of record which conformed to the provisions of this Zoning Code and which was owned separately from adjoining lots on the effective date of this Zoning Code or an amendment thereto which affects its conformity, shall not be reduced in any manner which would make it nonconforming.
The lot area or any part thereof required for a structure or other use shall not be considered as providing any part of the required lot area for another structure or use.
(Ord. 97-215. Passed 4-21-98.)
1260.13 LOTS OF RECORD OF INSUFFICIENT AREA.
A lot of record which does not comply with the area or width of lot regulations of the district in which it is located on the effective date of this Zoning Code or any amendment thereto which made it nonconforming, may be used as follows:
(a) If occupied by a building, such building may be maintained, repaired or altered. However, the building may not be enlarged in floor area unless the depth of front yard, total width of side yards and the rear yard regulations are complied with.
(b) If vacant, the lot may be used, provided that:
(1) No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this Zoning Code;
(2) Not owning adjoining land, other vacant land cannot be equitably acquired adjoining the lot; and
(3) All provisions of this Zoning Code, except the lot area and lot width regulations, shall be complied with. A lot of insufficient width will be allowed only if such lot is ninety percent of the lot side in area required in the district in which said lot is located.
(Ord. 97-215. Passed 4-21-98.)
1260.14 LOT AREA AND WIDTH EXCEPTIONS.
Lots created after the effective date of this Zoning Code shall be increased in area in order to obtain greater depth when:
(a) A lot abuts a major street in order to obtain a greater depth of front yard;
(b) A lot abuts an Industrial District or other noncompatible use in order to obtain a greater rear yard;
(c) A lot is located along an open ditch or land subject to flooding; and
(d) The width and area of corner lots shall be increased in order to obtain the setback required and as set forth in appropriate district requirements.
(Ord. 97-215. Passed 4-21-98.)
1260.15 LOCATION OF UTILITIES.
Public utility uses and distribution equipment for a public utility, if essential in a district, shall be permitted in any zoning district. However, where such public utility uses are proposed to be located across or on unplatted lands, such uses shall be subject to the issuance of conditional use permits in accordance with Section 1262.07. Utility structures, located in easements obtained by the utility company on privately owned property, shall be screened and landscaped as required by the Planning Commission and Section 1288.04(b).
The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility and public service use when the area involved is deemed appropriate for such use by the Planning Commission.
(Ord. 97-215. Passed 4-21-98; Ord. 05-58. Passed 7-19-05.)
1260.16 ACCESS TO PROHIBITED USES.
Driveways, walks or other accessways to any use which is not permitted in a district shall be prohibited.
(Ord. 97-215. Passed 4-21-98.)
1260.17 OPEN STORAGE: JUNK AND ABANDONED MOTOR VEHICLES PROHIBITED.
(a) Motor vehicles may be stored outside an enclosed structure if they are not junk or abandoned vehicles.
(1) For purposes of this section, “junk motor vehicle” means any motor vehicle which is three years old or older; extensively damaged, the damage including but not limited to any of the following: missing wheels, tires, motor or transmission; apparently inoperable;
(2) For purposes of this section, “abandoned motor vehicle” means any motor vehicle standing or parked on private property for seven days or more unless such vehicle is stored in the garage located on the owner's, lessee's or agent's premises.
(b) No person shall have a junk or abandoned motor vehicle standing or parked on private property unless such vehicle is stored in the garage located on the owner’s, lessee’s or agent’s premises.
It shall be prima-facie evidence of abandonment if any of the following circumstances exist:
(1) The vehicle fails to display current lawfully required license plates and/or license tags.
(2) The vehicle has been damaged, wrecked or disassembled so as to be inoperable.
(c) The Chief of Police or any member of the Police Department designated by him or her, or the Building Commissioner, is hereby authorized to remove or have removed any vehicle left in any place within the City which reasonably appears to be in violation of this section, as a junk or abandoned vehicle. Such vehicle shall be impounded pursuant to North Royalton Code Section 404.05 until lawfully claimed or disposed of in accordance with the provisions of Ohio R.C. 737.32.
(Ord. 97-215. Passed 4-21-98; Ord. 13-34. Passed 2-19-13.)
1260.18 REMOVAL OF SOIL PROTECTION OF DRAINAGE COURSES.
Soil, sand or gravel shall not be stripped or removed except excess soil, sand or gravel resulting from excavations or grading operations in connection with the construction or alteration of a building or completion of a grading plan for which a permit has been issued.
No building or structure shall be erected within any area described by the Engineer as a drainage course. For the purpose of this Zoning Code, a drainage course includes any area such as drainageways, channels, streams and creeks, designated as such on geodetic or City topographic maps, and further includes any area designed or intended for use for drainage purposes as shown on a recorded subdivision.
No filling of land or excavation of land shall be permitted within a drainage course, or on any lands within 100 feet, or more than 100 feet when so designated on the Zoning Map, of the centerline of such drainage course, except upon issuance of a certificate by the Engineer that such filling will not obstruct the flow of water or otherwise reduce the water-carrying capacity of such drainage course, or affect the design and character of such drainage course.
(Ord. 97-215. Passed 4-21-98.)
1260.19 SWIMMING POOLS.
(a) For purposes of this Zoning Code, swimming pools shall be defined and classified as follows:
(1) "Swimming pool" means an open tank or other structure not located within a completely enclosed building and designed so as to contain at least three feet in depth of water at any point, including the lounging and spectator areas and any accessory buildings or structures or equipment.
(2) "Private swimming pool" means a pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.
(3) "Club swimming pool" means a pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.
(4) "Commercial swimming pool" means a pool operated for a profit and open to the public upon payment of a fee.
(b) Swimming pools may be permitted and located in accordance with the following:
(1) Private pools may be located in a Residential District as an accessory use to a dwelling. The pool and any accessory buildings or structures or equipment shall not be located in a front or side yard and shall be not less than fifteen feet from any lot line.
A. Any pool more than ten feet across in horizontal measurement and/or more than thirty-six inches deep shall not be considered portable and must comply with fencing requirements.
B. If the fence is just around the pool area it must be at least five feet away from the pool.
C. All fences, whether immediately around the pool or the entire yard, whether new or existing, shall be four feet high and shall have an effective means of denying access to the area, such as a locked gate.
D. In the case of an above-the-ground pool, the walls of the pool above ground may be used as the lower portion of the four-foot high fence requirement. The added upper portion must be of sturdy construction and shall comply with the requirements of Section 1482.06(a) of the Codified Ordinances. Some effective means must be provided to deny access to the pool when the pool is not in use or a responsible person is not in attendance. (Example: Ladders must be removed and secured elsewhere; stairs must be raised and locked in the “up” position.)
E. All pools must be at least fifteen feet away from the residence, in the rear yard, and be fifteen feet away from property lines. (A deck attached to a pool must meet the side and rear yard setback requirements of this Zoning Code for that zoning area.)
F. The swimming pool area of ground level pools, an area five feet beyond and surrounding elevated pools, or the entire rear property on which the pool is located, shall be enclosed within a permanent fence not less than four feet in height to prevent any access to the pool except from a controlled point.
G. Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots. A compact hedge may also be required by the Planning Commission to insulate the pool from adjoining property.
(2) Club pools may be located in a Residential District if the lot on which they are located is not less than three acres in area and if access to it is provided only from a major arterial or collector street. The pool and any accessory buildings or structures or equipment shall be located not less than seventy-five feet from any adjoining residential lot line. At least one-half of an off-street parking space shall be provided for each member, located not less than twenty-five feet from any adjoining residential lot line and constructed as required in Section 1282.10. The premises or area occupied by the pool shall be fenced, and lighting fixtures designed and located, as set forth under private pools.
(3) Commercial pools may be located in any zoning district except residential, provided that all the regulations of this Zoning Code pertaining to club pools are complied with.
(c) Permits. A swimming pool permit shall be required for each private pool. A conditional use permit shall be required for each club pool in a Residential District and each commercial pool. Conditional use permits shall be renewed each year for commercial pools. A detailed site plan shall be submitted with each application for a permit. Construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by other ordinances and codes of the City. All permanent pools three feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools three feet in depth and over shall require the approval of the State Board of Health.
(Ord. 97-215. Passed 4-21-98; Ord. 05-108. Passed 7-5-05.)
1262.01 PURPOSES AND INTENT; INTERPRETATION; CONFLICTS.
(a) Administrative procedures for administering, interpreting and enforcing this Zoning Code are herein established in order to achieve, among others, the following purposes:
(1) To provide for the review of an application for a building permit;
(2) To provide for the inclusion of necessary facilities, services and other uncommon uses through conditional use permits;
(3) To provide the inclusion of uses which are uncommon but which have characteristics similar to permitted main uses;
(4) To assure that no work shall be started on the relocation, construction, reconstruction or structural alteration of a building until the proposed building or use is found to comply with all the provisions of this Zoning Code;
(5) To assure that in the construction of new buildings, alterations or changes of use are complete, and that all required provisions have been complied with, by requiring a certificate of occupancy;
(6) To provide for the enforcement of this Zoning Code and to keep records of actions in regard to such enforcement; and
(7) To provide supplementary administrative procedures in conformity with the objectives of the North Royalton Master Plan and this Zoning Code.
(b) In administering this Zoning Code, the provisions thereof shall be regarded as establishing minimum requirements and shall be used specifically to further the underlying purposes, objectives and intent set forth in each chapter.
(Ord. 1970-232. Passed 9-15-71.)
1262.02 GENERAL AUTHORITY; APPLICATIONS FOR PERMITS AND CERTIFICATES.
(a) The administration of this Zoning Code is vested in the following officials, commissions and boards of the City:
(1) The Planning Commission
(2) The Building Commissioner
(3) The Board of Zoning Appeals
(b) Compliance with the provisions of this Zoning Code shall be accomplished by:
(1) Application for and issuance of a building permit, including the following, if applicable:
A. Application for a conditional use permit;
B. Application for determination of a similar use;
C. Application for and approval of a development plan; and
D. Appeal for an interpretation or request for a variance.
(2) Application for a certificate of occupancy issued upon completion of a building or land improvement.
(Ord. 1970-232. Passed 9-15-71; Ord. 1980-191. Passed 2-18-81; Ord. 92-21. Passed 4-21-92.)
1262.03 BUILDING PERMITS GENERALLY.
No excavation for a building or for site improvement, no site clearance, and no erection, alteration or movement of a building or structure or part thereof, shall be begun until a building permit has been applied for and issued by the Building Commissioner.
(a) Approval of Development Plans. Whenever a development plan has been submitted by a developer as required by this Zoning Code, the preliminary plan and final plan of the development area shall have been approved by the Planning Commission, and, in the case of a planned unit development area, by the Council, before a building permit may be issued by the Building Commissioner.
Before a permit shall be issued for a development proposed to be built in sections or phases, the plans for the total completed project shall have been first submitted to the City Engineer for approval.
(b) Compliance With Zoning Code and Other Ordinances. Permits for the construction of a building or land improvement or change in use may be issued by the Building Commissioner only if the work described in the application therefor clearly complies with all provisions of this Zoning Code and other ordinances of the City. If the proposed building or use does not clearly comply, the Building Commissioner shall not have the power to grant variances or make exceptions unless specifically so empowered.
(c) Conditional Use Permits. Whenever it is determined that a conditional use is required, a building permit for the building or use requiring the conditional use permit shall not be issued until such permit has been applied for and approved by the Planning Commission.
(d) Determination of Similar Use. Whenever a determination of a similar use has been applied for, a building permit for the building or use shall not be issued until the inclusion of such use as a permitted use has been made by the Planning Commission and approved by Council.
(Ord. 1970-232. Passed 9-15-71; Ord. 1979-121. Passed 7-18-79.)
1262.04 WITHHOLDING OF BUILDING PERMITS.
Nonconforming Lots. No building permit shall be issued for a one, two, or three-family building unless the residential lot shall abut upon a dedicated street; the utilities, pavement and all other required improvements have been constructed, or their construction guaranteed; the lot is located in a duly recorded subdivision or approved by the Planning Commission and no plat is required, or resubdivided in accordance with the provisions of Section 1270.17 so as to comply with the requirements of this Zoning Code.
(Ord. 1970-232. Passed 9-15-71; Ord. 02-51. Passed 7-2-02.)
1262.05 REQUIRED DRAWINGS AND OTHER INFORMATION.
In addition to drawings required by the provisions of the Building Code, application for a building permit shall be accompanied by:
(a) A plat showing dimensions of the lot to be developed, the permanent parcel number, a topographic survey at two-foot intervals or adequate topographic data and evidence that the lot has been surveyed and certified by a registered surveyor or engineer;
(b) A site plan drawn to scale showing the location of proposed and existing buildings, driveways, sidewalks, landscaping, parking areas and proposed finished grades, as well as the location and use of buildings on adjoining lots within distances specified in other sections of this Zoning Code. For residential developments, the size and location of a garage shall be shown.
(c) Such other drawings and information as may be required by the provisions of Chapter 1276 for Local Business Districts, and Chapter 1278 for Research-Office and General Industrial Districts.
(Ord. 1970-232. Passed 9-15-71; Ord. 07-61. Passed 6-5-07.)
1262.06 APPLICATIONS FOR AND ISSUANCE OR NONISSUANCE OF BUILDING PERMITS.
(a) Applications. Applications for building permits and accompanying drawings shall be submitted to the Building Commissioner. After processing the same, as to general conformity with the Building Code, the Building Commissioner shall submit to the Planning Commission those applications which require its approval, and to the Board of Zoning Appeals those applications involving any interpretation required by such Board.
(b) Approval. The Building Commissioner, having received reports of approval from the Council, the Planning Commission and the Board of Appeals, as may be applicable, and finding that the drawings, specifications and documents submitted comply with this Zoning Code and other relevant ordinances of the City, may issue a building permit upon payment of required fees.
(c) Disapproval. If the Council, the Planning Commission, the Board of Zoning Appeals or the Building Commissioner does not recommend approval of the application, they shall suggest changes in the drawings as may be necessary to accomplish the purpose of this Zoning Code. In such instances, conferences with applicants may be held and the application revised or resubmitted, as may be required.
(Ord. 1970-232. Passed 9-15-71.)
1262.07 CONDITIONAL USE PERMITS.
(a) In General. Conditional use permits shall be required for certain types of main uses, as defined in Section 1268.02, generally a publicly operated use or a facility which affects the public interest. Such use may be permitted and desirable in certain districts, but not without consideration in each case of the effect of the use upon neighboring land and the public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Zoning Code are certain uses and the districts in which conditional uses may be permitted, provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission and approved by Council.
(b) Action on Applications. An application for a conditional use permit received from the proponent shall be submitted by the Building Commissioner to the Planning Commission. The Planning Commission shall hold a hearing thereon, notice of which shall be published in a newspaper of general circulation, or mailed to the owners of the property contiguous to and across the street from, or within 500 feet of, the parcel for which a conditional use permit is requested whichever is the most inclusive) at least fifteen days before the hearing. The Planning Commission shall take action upon such application within sixty days from the date of the public hearing on such application, unless a longer time is allowed by Council. Failure to act within such period shall be deemed approval. Before a conditional use permit may become effective, it must also be confirmed by City Council.
(c) Conditions and standards. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
(1) Residential Districts.
A. That the proposed use is properly located in relation to any adopted land use or street plan, particularly as to the collector and local street systems and pedestrian circulation;
B. That when located on a local street the proposed use will generate the least possible traffic through a residential neighborhood;
C. That the proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use if located in a nearby less restrictive district where it may be permitted by right;
D. That the location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential district; and
E. That for temporary structures every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are pursued diligently.
(2) Public Facility Districts.
A. The proposed use shall be located so as to have access only to an arterial or collector street, except it may he located on a local street if it is found that the extent and intensity of the proposed development shall not substantially increase the volume and type of traffic movements on the local street.
B. The proposed use is necessary to serve the neighborhood or the community at large.
C. The dimensions of the site are sufficient to fully provide the area, yard and open space requirements, and to insulate it from the surrounding dwellings.
D. The location, design and operation of such use shall not discourage the appropriate development or impair the value of surrounding residential areas.
(3) Business, Research, Service and Industrial Districts.
A. That the proposed use is necessary to serve community needs and that existing similar facilities located in a less restrictive or more remote district, in which the use may be permitted by right, are inadequate;
B. That the proposed use is not closer than applicable regulations indicate in the particular situation to schools, churches and other places of assembly;
C. That the location, extent and intensity of the proposed use shall be such that its operation will not be more objectionable to nearby dwellings, by reason of noise, smoke, dust, odors, fumes, vibrations or glare, than is normal or is permitted by the performance standards of the district;
D. That the proposed use will form a harmonious part of the Business, Research, Service or Industrial District, taking into account, among other things, convenience of access and the relationship of one use to another;
E. That the proposed use will be permitted in a district that is more restrictive than one in which it is permitted by right, only because of its limited extent, modern equipment and processes; and
F. That the hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.
(4) Safeguards and conditions. In addition to complying with the general standards set forth in paragraphs (c)(1) and (2) hereof, conditions appropriate to each particular application may also be set forth in the permit.
(5) Effective period. The approval of a conditional use permit shall become null and void if substantial construction of the building or site improvement is not started within a one-year period after the date of approval. The Planning Commission may grant an extension of time beyond this one-year period if further project approval or extensions have been granted and the applicant has pursued all necessary avenues to initiate construction of the project.
(Ord. 1970-232. Passed 9-15-71; Ord. 1979-100. Passed 6-20-79; Ord. 94-86. Passed 5-17-94; Ord. 95-175. Passed 11-21-95; Ord. 97-182. Passed 1-6-98; Ord. 24-48. Passed 4-16-24.)
1262.08 DETERMINATION OF SIMILAR USES.
(a) The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.
(b) All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Planning Commission and, after approval by it, confirmed by the Council in compliance with the following standards:
(1) That use is not listed in any other classification of permitted buildings or uses;
(2) That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;
(3) That such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and
(4) That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(Ord. 1970-232. Passed 9-15-71.)
1262.09 CERTIFICATES OF OCCUPANCY.
(a) In General. A certificate of occupancy shall be applied for by the owner of the property in question or his or her agent and shall be issued by the Building Commissioner as a condition precedent to the occupancy and/or use of a building and land as follows:
(1) Occupancy of a building erected or altered. A certificate of occupancy shall be required before occupancy of a new building, or before occupancy of an existing building which has been altered, moved or changed in use or the off-street parking requirements of which have been increased. Such certificate shall only be issued after the erection or alteration of a building, or a component thereof, or after a required accessory use has been provided and found by inspection to be in conformity with the provisions of this Zoning Code and the Building Code. No occupancy permit shall be issued for any residential or nonresidential structure requiring the issuance of an occupancy permit until a site plan setting forth the final topography of the site has been submitted by the owner or his or her agent and until the City Engineer has certified that the finished grade conforms and complies with the topographical site plans submitted. The Building Commissioner and/or the City Engineer are permitted to issue a temporary conditional occupancy permit when necessary due to weather and/or other extenuating circumstances. In all cases, final grading must be completed by the first day of June following completion of the structure.
(2) Change in use of conforming building or land. A certificate of occupancy shall be required before occupancy of a conforming building or land where the use has been changed, provided the use is different from the prior use, and shall be issued when the use is found, upon inspection, to be in conformity with the provisions of this Zoning Code.
(3) Change in use of nonconforming building or land. A certificate of occupancy shall be required whenever a nonconforming building or land is changed, but shall not be issued until the Planning Commission has approved the change in accordance with the provisions of Chapter 1286.
(b) Record of Existing Building and Land Use. The Building Commissioner may inspect a building or tract of land existing on the effective date of this Zoning Code and may issue a certificate of occupancy therefor, certifying:
(1) The present use of the building or land;
(2) If such use conforms to all of the provisions of this Zoning Code; and
(3) If it is a lawfully existing nonconforming use.
(c) Applications for Certificates.
(1) An application for a certificate of occupancy may be submitted separately or may accompany an application for a building permit. Accurate information shall be furnished by the owner or his or her agent, as to size and location of the lot and the buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of the land or building, and all such information as may be included on a form to be furnished by the City of North Royalton.
(2) A record of all applications and certificates issued shall be kept on file in the office of the Building Commissioner and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. 1970-232. Passed 9-15-71; Ord. 92-233. Passed 11-4-92.)
1262.10 AUTHORITY OF BUILDING COMMISSIONER; RECORDS.
The duty of administering and enforcing the provisions of this Zoning Code is hereby conferred upon the Building Commissioner. The Commissioner may promulgate rules and regulations as he or she may determine necessary to supplement the administration of this Zoning Code. After certification by the Council, such rules of the Building Commissioner shall have the same force and effect as the other provisions of this chapter.
(a) Inspection and Order for Removal of Violation. The Building Commissioner is hereby empowered to enter any premises at a reasonable time to inspect a reported violation of this Zoning Code, examine the same and order, in writing, the remedying of any condition found to exist in violation of any provision of this Zoning Code. After such an order is served or posted on the premises, no work, except to correct said violation in compliance with such order, shall proceed on any building or tract of land until said violation is corrected.
(b) Records and Reports. The Building Commissioner shall keep, or cause to be kept, records in his or her department in regard to any decisions, determinations or conclusions reached by him or her in connection with the enforcement of this Zoning Code. Such records shall be open to public inspection during regular business hours.
(Ord. 1970-232. Passed 9-15-71.)
1262.11 VIOLATIONS.
(a) No person shall erect, construct, alter, repair or maintain any building or structure, or use any land, in violation of any of the provisions of this Zoning Code or any regulation enacted pursuant thereto.
(b) No person shall willfully violate any rule or regulation adopted by the Council or the Planning Commission in connection with the administration and enforcement of this Zoning Code.
(c) Unless the Planning Commission has given its prior consent thereto, which shall be confirmed by action of Council, no person shall sell, transfer or change the use of common land, a street, a recreation area, a park or other open land that has been set aside, with the approval of the Planning Commission, for exclusive use, in common, by abutting or other owners or occupants of land.
(d) No person shall:
(1) Use or occupy any land, or place, build, erect, alter, remodel, restore or rebuild thereon any building or structure, or permit any building or structure to remain on such land, or use, occupy or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code;
(2) Aid, assist or participate with any other person in placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this Zoning Code;
(3) Violate or fail to perform any condition, stipulation or safeguard set forth in any permit issued pursuant to this Zoning Code, or continue to use or occupy the premises or building as previously authorized by such permit beyond the duration limit therein stated;
(4) Refuse to permit the Building Commissioner or his or her assistant to enter any premises in the City to investigate a reported violation of the provisions of this Zoning Code;
(5) Knowingly make any materially false statement of fact in an application to the Building Commissioner or his or her assistants for a permit or in any plans or specifications submitted in relation to any application under this Zoning Code;
(6) Being an owner or lessee of any premises, knowingly suffer or permit a violation of this Zoning Code to occur or exist on such premises; or
(7) Violate any provision of this Zoning Code for which no penalty is otherwise provided.
(Ord. 1970-232. Passed 9-15-71; Ord 1985-40. Passed 6-5-85.)
(e) No person, when an order to remove or correct any violation of any of the provisions of this Zoning Code, in any building or tract of land in the City, has been served on the owner, agent, lessee or tenant of the building or tract of land, or part thereof, or upon the architect, builder, contractor or any other person who commits or assists in any such violation, shall fail to comply with such order within fifteen days after the service of notice thereof.
(Ord. 1981-153. Passed 11-18-81.)
(f) No person, when an order has been issued by the Building Department and/or the Police Department to remove or correct any violation of this Zoning Code regarding the parking or storage of motor vehicles, shall fail to comply with such order within twenty-four hours after the service of notice thereof.
(Ord. 1980-191. Passed 2-18-81.)
1262.12 LICENSING PERMITS.
(a) A licensing permit shall be defined as a limited use permit which does not grant any property right beyond the limited permit period.
(b) Licensing permits shall be required for certain prohibited main uses, which use while prohibited and in derogation of the Zoning Code, may under certain circumstances be permitted for a limited period of time, not to exceed two years in the following districts only: All Industrial and Business Districts.
(c) Licensing permit applications shall be submitted to the Building Commissioner for review and thereafter to the Planning Commission. The Planning Commission shall hold a hearing thereon, notice of which shall be published in a newspaper of general circulation, and mailed to the owners of the property contiguous to and across the street from, or within 500 feet of, the parcel for which a licensing permit is requested at least 15 days before the hearing. The Planning Commission shall take action upon such application within 60 days from the date of the public hearing on such application, unless a longer time is approved by the Commission and applicant.
(d) Conditions and standards. An application for a licensing permit shall not be approved unless all the following conditions and standards are complied with as set forth:
(1) Applicant provides an affidavit acknowledging that the proposed use is prohibited pursuant to the Zoning Code and further acknowledges and waives any right, claim, interest, for the continued use after the licensing permit period.
(2) That the proposed use shall not extend, enlarge, expand or intensify from its approved operation without express modification of the licensing permit.
(3) Compliance with all federal, state and local regulations and permit processes.
(4) Planning Commission will consider the following factors:
A. The effect of the temporary use upon neighboring lands;
B. Whether the property is currently being used under an existing permitted use;
C. Whether the proposed use would create a nuisance;
D. Whether the proposed location and extent of the temporary use is properly located taking into consideration surrounding properties;
E. Whether the proposed licensed permit use would discourage the appropriate use and/or impair the value of surrounding properties;
F. Whether the proposed use would violate the noise, smoke, dust, odors, fumes, set back requirements or other standards of the district.
(e) Effective period. The licensing permit shall become null and void if substantial use is not commenced within six months from Planning Commission approval. In any event no licensing permit shall be granted in excess of two years, unless an extension is granted by Planning Commission.
(Ord. 10-84. Passed 10-19-10.)
1262.99 PENALTIES; EQUITABLE REMEDIES.
(a) Whoever violates Section 1262.11(b) shall forfeit and pay not less than five dollars ($5.00) nor more than fifty dollars ($50.00), to be recovered with costs in a civil action brought by the Law Director in the name of the City of North Royalton for the use thereof. Each day such violation shall continue shall constitute a separate forfeiture.
(b) Whoever willfully violates Section 1262.11(c) shall forfeit and pay to the City not more than five hundred dollars ($500.00) as determined by the Council. Such sum shall be recovered, with costs, in an action brought by the Law Director in the name of the City of North Royalton and for the use thereof.
(c) Whoever violates any of the provisions of Section 1262.11(d) shall be guilty of a misdemeanor of the fourth degree for a first offense and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. For a second offense within one year after the first offense, such person shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both. For each subsequent offense within one year after the first offense, such person shall be guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both.
(d) Whoever violates Section 1262.11(e) shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense.
(e) Whoever violates Section 1262.11(f) shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense.
(f) Whoever violates Section 1284.07(g) shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense.
(g) Whoever violates any provision of Chapter 1284, for which no penalty is otherwise provided, shall be guilty of a minor misdemeanor for a first offense and shall be fined not more than one hundred dollars ($100.00). For a second offense within one year of the first offense, such person shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. For each subsequent offense within one year after the first offense, such person shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.
(h) Whoever violates or fails to comply with any of the provisions of Section 1278.09(a)(2) or Chapter 1288 shall be fined not more than five hundred dollars ($500.00) for each offense.
(i) A separate offense shall be deemed committed each day during or on which a violation of, or noncompliance with, any of the provisions of this Zoning Code occurs or continues, unless otherwise provided.
(j) In the event of a violation of Section 1262.11(a), or the imminent threat thereof, then, upon the request of the Mayor or Council, the Law Director, on behalf of the City, shall institute a suit for injunction to prevent or terminate such violation.
(k) In the event that any building or structure is being erected, constructed, altered, repaired or maintained in violation of any of the provisions of this Zoning Code, or there is an imminent threat of violation, the City, or the owner of any contiguous or neighboring property who would be especially damaged by such violation, may institute and maintain, in addition to any other remedies provided by law, a suit in the Court of Common Pleas of Cuyahoga County, Ohio, for injunction to terminate or prevent such violation as a public nuisance.
(l) Whoever violates or fails to comply with any of the provisions of Section 1284.15(b) shall, for the first offense, be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. For a second or subsequent offense, such person shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
In addition to such penalties, the Municipality shall also have the right, by appropriate action at law or in equity, to enjoin, correct, restrain and abate any such violation.
(m) Whoever violates any of the provisions of Chapter 1290 shall, for the first offense, be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both. For a second or subsequent offense, such person shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
If the violator is an organization, such organization shall, for a first offense, be guilty of a misdemeanor of the third degree and shall be fined not more than three thousand dollars ($3,000). For a second or subsequent offense, such organization shall be guilty of a misdemeanor of the first degree and shall be fined not more than five thousand dollars ($5,000).
(Ord. 1970-232. Passed 9-15-71; Ord. 1980-191. Passed 2-18-81; Ord. 1981-153. Passed 11-18-81; Ord. 1982-129. Passed 3-16-83; Ord. 1988-175. Passed 10-17-88; Ord. 96-127. Passed 7-2-96; Ord. 97-57. Passed 4-15-97.)
1264.01 ESTABLISHMENT; FUNCTIONS; PURPOSES.
A Board of Zoning Appeals is hereby established to assist in the administration of this Zoning Code, particularly to hear and decide applications for exceptions to and variances from the strict letter of this Zoning Code. The Board is established to achieve, among others, the following purposes:
(a) To provide a method for alleviating practical difficulty or unnecessary hardship by allowing a reasonable use for individual parcels of property which, because of unusual or unique circumstances, may be denied a reasonable use by literal application of the terms of this Zoning Code;
(b) To review and/or appeal any order, requirement, decision or determination made by the Building Commissioner, administrative official or agency in regard to the zoning ordinances, giving due deference to a public official's exercise of discretionary powers and duties;
(c) To provide an administrative board, independent from all other City boards and commissions, to act only pursuant to and in accordance with the standards established by the Council to hear and decide appeals which are to be tried over again from the beginning (de novo);
(d) To hear requests for variances from the application of the Residential Code of Ohio; and
(e) To ensure that decisions and the granting of variances will sustain the constitutionality of this Zoning Code and to be in compliance with the objectives of the Master Plan.
(Ord. 1970-232. Passed 9-15-71; Ord. 13-118. Passed 9-17-13; Ord. 13-152. Passed 2-4-14.)
1264.02 MEMBERSHIP.
Appointment of members of the Board of Zoning Appeals shall conform to rules outlined in this section. The Board shall consist of five members, one member from Council and the remaining four (all of whom shall be residents of North Royalton) to be appointed by the Mayor with the approval of a majority of the Council members. The terms of all members appointed by the Mayor shall be three years and so arranged that the terms of no more than two members will expire in the same year. Each member shall serve until his or her successor is appointed and qualified.
(Ord. 1987-122. Passed 11-4-87; Ord. 02-118. Passed 9-3-02.)
1264.03 OFFICERS; RULES AND REGULATIONS; POWERS AND DUTIES.
The Board of Zoning Appeals shall elect, every year from among its members, a Chairperson and a Vice Chairperson. The Board shall adopt rules and regulations not inconsistent with this Zoning Code, as may be necessary to carry into effect the duties, powers and responsibilities conferred herein. The powers and duties of the Board shall be:
(a) To hear appeals and decide any issues involving the application of impartial considerations and judgments in regard to decisions made by the Building Commissioner or any other administrative officer on matters relating to this Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits;
(b) To hear and decide upon applications for variations from the terms provided in this Zoning Code, subject to the standards set forth in Section 1264.08; and
(c) To hear and decide all matters specifically referred to it for decision in other sections of this Zoning Code.
(Ord. 1970-232. Passed 9-15-71.)
1264.04 PROCEDURES ON APPEAL.
(a) An appeal from any notice, order or decision of the Building Commissioner, other officer or agency, with regard to an application for a building permit, issuance of a stop order, specific referral, or some similar action, may be made to the Board of Zoning Appeals by any person believing himself or herself aggrieved or by any officer of the City affected by any such official action.
(b) To be considered, the appellant shall, within fifteen days after the date of such decision, file, in the office of the Building Commissioner, a notice of appeal specifying the decision or section of this Zoning Code from which the appeal is sought, the error alleged and all necessary data, in accordance with the form provided by the City.
(c) Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within 60 days from the date the appeal is filed with the Board of Zoning Appeals.
(d) Notice of Public Hearing. Notices of the time and place of a public hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is the most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City. In addition, such notices shall be posted on the posting boards established by City Council.
(e) Review by Board. The Board of Zoning Appeals shall review the notice, order or decision of the Building Commissioner, other officer, or agency and all relevant evidence submitted by the parties. The Board of Zoning Appeals shall uphold the notice, order, or decision of the Building Commissioner, other officer, or agency unless it finds, by clear and convincing evidence, that there is a gross abuse of authority, or fraud or collusion.
(Ord. 1970-232. Passed 9-15-71; Ord. 13-118. Passed 9-17-13.)
1264.05 MEETINGS AND HEARINGS.
(a) The Board of Zoning Appeals shall schedule regular monthly meetings to conduct business as required.
(b) The Board shall act within sixty days after such an appeal is presented at the regular meeting of the Board at which all required information is provided. Failure to act within such period shall be considered approval of the appeal unless an extension of time is mutually agreed upon. Before making any decision on an appeal, the Board may hold a public hearing or hearings, at such times as shall be determined by the Board itself. Notices of the time and place of hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City of North Royalton. In addition, such notices shall be posted on the posting boards established by City Council.
(c) The Board shall hear and decide appeals de novo and shall review and/or appeal any order, requirement, decision or determination made by the Building Commissioner in the enforcement or application of this Zoning Code. Within its powers, the Board may reverse or affirm, wholly or in part, or modify, any such order, requirement, decision or determination as, in its opinion, ought to be made under the circumstances, and to that end it shall have all the powers of the officer from whose decision the appeal is taken.
(d) All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
(Ord. 1970-232. Passed 9-15-71. Ord. 97-183. Passed 1-6-98.)
1264.06 QUORUM AND VOTE.
Three members shall constitute a quorum for action by the Board of Zoning Appeals. The Board shall act by resolution, in which a majority of the Board concur, and every variation granted or denied shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variation.
A member of the Board shall not be qualified to vote if he or she has not attended the hearing, or if he or she has a direct or indirect interest in the issue appealed.
(Ord. 1970-232. Passed 9-15-71.)
1264.07 RECORD OF DECISIONS.
The Board of Zoning Appeals is authorized to engage the services of a Secretary and shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member or his or her failure to vote. Immediately following the Board's decision, such record, including conditions prescribed by the Board, shall be filed and posted for two weeks in the office of the Building Commissioner. The report shall be open to public inspection and copies shall be mailed forthwith to each interested party noted therein.
(Ord. 1970-232. Passed 9-15-71.)
1264.08 REASONS FOR GRANTING VARIANCES.
The Board of Zoning Appeals shall have the power, in specific cases, to vary the application of certain provisions of this Zoning Code, in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.
A request for variance may be submitted to the Board of Zoning Appeals by the owner of the property involved or person having a legal interest in such property or acting under written authority of the owner. Requests shall be filed with the Building Commissioner upon the forms provided, and shall be reviewed by the Board pursuant to Section 1264.03, and in accordance with the following procedures:
(a) Submission Requirements. A request for a variation from a numerical standard in this Zoning Code shall be accompanied by the following requirements necessary to convey the reasons for the requested variance:
(1) Name, address and phone number of applicant(s);
(2) Proof of ownership, legal interest or written authority;
(3) Description of property or portion thereof;
(4) Description or nature of variance requested;
(5) Narrative statements establishing and substantiating the justification for the variance pursuant to Section 1264.08(e);
(6) Site plans/floor plans/elevations or other drawings at a reasonable scale to convey the need for the variance;
(7) Payment of the application fee as established by Council;
(8) Copies of all applicable Homeowner's Association requirements related to the requested variance, such as covenants, deed restrictions, and the like.
(9) Any other documents deemed necessary by the Building Commissioner.
(b) Review for Completeness by the Building Commissioner or His/Her Designee. Upon receipt of a written request for variance, the Building Commissioner or his/her designee shall make a preliminary review of the request to determine whether such application provides the information necessary for review and evaluation and if it is determined that such application does not provide the information necessary for such review and evaluation, the Building Commissioner or his/her designee shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.
(c) Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within sixty (60) days from the date the application is accepted as complete by the Building Commissioner or his/her designee.
(d) Notice of Public Hearing. Notices of the time and place of a public hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is the most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City of North Royalton. In addition, such notices shall be posted on the posting boards established by City Council.
(e) Review by Board. The Board of Zoning Appeals shall review each request for a variance to determine if such request complies with the purpose and intent of this Zoning Code and the Master Plan, and the applicant can demonstrate that the literal enforcement of this Code will result in practical difficulty or, in the case of a use variance, unnecessary hardship.
(1) The following factors shall be considered and weighed by the Board in determining practical difficulty:
A. Whether there can be any beneficial use of the property without the variance;
B. Whether the variance is substantial or is the minimum necessary to make possible the reasonable use of the land or structures;
C. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
D. Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage collection);
E. Whether the variance sought is for relief from a zoning provision which was enacted after the creation of an existing condition or circumstance to the property in question;
F. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;
G. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
H. Whether the granting of the variance will not create a nonconforming lot pursuant to Section 1270.16 of the Zoning Code;
I. Whether special conditions or circumstances exist as a result of actions of the owner, including but not limited to, owner’s willful failure to comply with relevant building or zoning codes;
J. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(2) No variance shall be granted to allow a use not permissible under the terms of this Zoning Code in the zoning district in which the property is located unless the board finds that the applicant will suffer unnecessary hardship if strict compliance with the terms of the Code is required and such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:
A. Where the literal application of the provisions of this Zoning Code would result in no economically viable use of the property for any purpose for which the property is zoned and thereby creating unnecessary hardship(s) unique to the property and not based on conditions created by the owner. (A theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships.)
B. Where other exceptional circumstances or conditions (such as topographical or geological conditions, or type of adjoining development) are unique to the property involved and do not apply to other property within the same zone unless the same exceptional circumstances or conditions exist.
C. Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and
D. Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code and the Master Plan of the City of North Royalton; and
E. The variance sought is the minimum which will afford relief to the applicant.
(3) No variance shall be granted to allow for the expansion or substitution of a lawful non-conforming use unless the board finds that the applicant will suffer unnecessary hardship if strict compliance with the terms of the Code is required and such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:
A. Whether the applicant’s current non-conforming use has been reduced, modified, or eliminated;
B. Whether the applicant’s non-conforming expansion or substitution use variance is reasonable for the zoned area. (A material or significant expansion or substitution is not reasonable);
C. Whether other non-conforming parcels are located within the zoned area;
D. Whether the expansion or substitution of the non-conforming use is less detrimental to the zoned area than the existing non-conforming use of the property;
E. Whether the expansion or substitution of the non-conforming use is immaterial, nominal, or a minimal addition or expansion of the use (20% or less expansion is considered minimal);
F. Whether the essential character of the neighborhood would be altered or whether adjoining properties would suffer any greater detriment as a result of the expansion or substitution of the non-conforming use;
G. Whether the expansion or substitution of the non-conforming use would adversely affect the delivery of governmental services (e.g. water, sewer, garbage collection);
H. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District;
I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
J. Whether the proposed expansion or substitution will create a new or different non-conforming use;
K. Whether the expansion or substitution of the non-conforming use will create a nuisance or a threat to public safety.
(f) Action by Board of Zoning Appeals. After the public hearing required in subsection (c) hereof, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified subsection (g) hereof, or disapprove the request for variance. The Board shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.
(g) Conditions and Limitations by Board. The Board of Zoning Appeals may further prescribe any conditions, stipulations, safeguards and limitations on the duration of the variance so authorized as the Board determines and prescribes. Any variance when so issued by the Building Commissioner upon order of the Board shall set forth such conditions, stipulations, safeguards and duration limit. The Board may not extend the scope or extend the duration of a variance previously issued upon its order. Any additional action so desired may be effected only upon application to the Building Commissioner for approval of a new variance in accordance with the provisions of this Zoning Code.
(Ord. 1970-232. Passed 9-15-71. Ord. 97-183. Passed 1-6-98; Ord. 16-144. Passed 10-4-16; Ord. 21-153. Passed 10-5-21.)
1264.085 VARIANCE TO THE RESIDENTIAL CODE OF OHIO.
(a) The Board of Zoning Appeals shall hear requests from variances from the application of the Residential Code of Ohio. A request for a variance or appeal from application of any aspect of the Residential Code of Ohio may be made to the Board of Zoning Appeals by any person believing himself or herself aggrieved of or by any officer of the City affected by any such official action.
(b) To be considered, the appellant shall, within 30 days after the date of such decision, file, in the office of the Building Commissioner, a notice of appeal specifying the decision or section of the Residential Code of Ohio from which the appeal is sought, the error alleged and all necessary data, in accordance with the form provided by the City.
(c) Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within 60 days from the date the appeal is filed with the Board of Zoning Appeals.
(d) Notice of Public Hearing. Notices of the time and place of a public hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is the most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City. In addition, such notices shall be posted in the manner established by City Council.
(e) Review by Board. The Board of Zoning Appeals shall review the notice, order or decision of the Building Commissioner, other officer, or agency and all relevant evidence submitted by the parties. The Board of Zoning Appeals shall uphold strict compliance with the Ohio Residential Code and any related order/decision of the Building Commissioner, other officer, agency, unless it finds, by clear and convincing evidence, that there is a gross abuse of authority, or fraud or collusion.
(Ord. 13-152. Passed 2-4-14.)
1264.09 LAPSE OF VARIANCES; RECONSIDERATION OF DECISIONS ON APPEAL.
(a) A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances. Further:
(1) If, after the expiration of one year, no substantial construction has begun and the variance request and approval were not a portion of a plan approved further by the Planning Commission, the variance shall be deemed null and void.
(2) If, however, the variance approvals have become part of a plan which ultimately has been approved by the Planning Commission, these variance approvals shall remain in effect as part of that plan, including any extension period granted by the Planning Commission and Council.
(Ord. 94-87. Passed 5-17-94.)
(b) If an appeal has been denied by the Board, it need not reconsider the same appeal if it is resubmitted within six months after the date of the decision unless the underlying conditions have substantially changed.
(Ord. 1970-232. Passed 9-15-71.)
1264.10 NOTICE TO COUNCIL AND PLANNING COMMISSION OF BOARD DECISIONS.
(EDITOR'S NOTE: Section 1264.10 was repealed by Ordinance 16-92, passed June 7, 2016.)
1264.11 APPEALS TO COURT.
A person aggrieved by a decision of the Board of Zoning Appeals may, within thirty days after the filing of such decision, appeal to the Court of Common Pleas of Cuyahoga County under Ohio R.C. Chapter 2506.
(Ord. 1972-180. Passed 7-17-74; Ord. 16-92. Passed 6-7-16.)
1264.12 COMPENSATION.
The members of the board shall receive such compensation as Council shall from time to time determine by Ordinance.
(Ord. 91-152. Passed 6-4-91; Ord. 99-31. Passed 4-20-99.)
1264.13 SECRETARY.
(a) The position of Secretary to the Board of Zoning Appeals is hereby established.
(b) The Secretary shall be appointed by the Mayor.
(c) The functions, duties and responsibilities of the Secretary shall be as follows:
(1) Attending all meetings of the Board and acting as recording secretary;
(2) Maintaining accurate and timely records of all meetings of the Board;
(3) Arrange for transcription of timely and accurate minutes of all regular and special meetings of the Board. All meetings are required to be audio taped as outlined in Section 212.03 of the Codified Ordinances of the City;
(4) Preparing the agenda for all meetings of the Board;
(5) Attending all public hearings being conducted by the Board;
(6) Answering all inquiries directed to the Board or directing inquiries to the proper City official for answer or disposition; and
(7) Transmitting, when necessary, to other City officials, all records of meetings or hearings conducted by the Board when requested by the Chairperson of the Board or when requested by other proper department heads.
(Ord. 98-116. Passed 9-1-98; Ord. 01-95. Passed 7-17-01; Ord. 03-149. Passed 12-1-03; Ord. 14-17. Passed 2-18-14; Ord. 21-153. Passed 10-5-21.)
1266.01 AUTHORITY OF COUNCIL; REFERRAL TO PLANNING COMMISSION.
The Council, either on petition of a property owner, on recommendation of the Planning Commission, or on its own initiative, may amend or change the number, shape, area or regulations of or within any zone or district, but no such amendment or change shall become effective unless the proposed amendment or change is first submitted to or considered by the Planning Commission for its approval, disapproval or recommendation. The Commission shall be allowed a reasonable time, to be not less than forty days after referral or submittal, for consideration and report.
(Ord. 1970-232. Passed 9-15-71.)
1266.02 MAP CHANGES; SKETCH PLAN REQUIRED.
All petitions for a change in the Zoning Map by a property owner shall be accompanied by a sketch plan showing the type of building, the building location, driveways, parking areas, sanitary and storm sewers and the type of heating to be used.
(Ord. 1972-180. Passed 7-17-74.)
1266.03 PLANNING COMMISSION ACTION.
(a) It shall be the duty of the Secretary of the Planning Commission to forthwith file with the Clerk of Council a report of the action and recommendation of the Commission with respect to any referral or submittal. Failure to file such report within sixty days after referral, or within a time otherwise provided, shall be accepted as and be deemed an approval of the proposed change or amendment submitted.
(b) If a proposed change or amendment is denied by the Planning Commission, the Commission need not reconsider the same change or amendment if resubmitted within six months after the date of the decision unless the underlying conditions have substantially changed.
(Ord. 1970-232. Passed 9-15-71; Ord. 24-141. Passed 9-3-24.)
1266.04 PUBLIC HEARINGS; NOTICES.
Before any ordinance, measure or regulation amending or changing the number, shape, zoning classification, area or regulations of or within any zone or district may be passed, the Planning Commission shall hold a public hearing thereon. Notice of the time and place of the hearing shall be mailed to the affected property owners (owners of property contiguous to the property in question and across the street therefrom, or within 500 feet, whichever is most inclusive) as they appear in the current records of the County Auditor and shall be mailed fifteen days prior to the public hearing. In lieu of such mailing of notices of affected property owners, Council may, by majority vote of the members elected to Council, order that such notice of the hearing shall be published in two newspapers of general circulation within the City of North Royalton, once a week for two consecutive weeks on the same day of the week, the first of such publications to take place not less than fifteen days prior to the public hearing. In addition, such notice shall be posted at the posting locations established by City Council. During such fifteen days a copy of the text of such ordinance, measure, regulation or proposed change, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure, regulation or proposed change, and the maps, plans and reports, shall be on file for public examination in the office of the Planning Commission secretary.
(Ord. 1984-124. Passed 9-5-84; Ord. 14-71. Passed 6-3-14; Ord. 21-154. Passed 10-5-21.)
1266.05 ACTION BY COUNCIL.
(a) No such ordinance, measure, regulation or proposed change, which violates, differs from, or departs from, the plans or report submitted by the Planning Commission, shall take effect unless passed or approved by not less than two-thirds of the membership of the Council.
(b) Any such ordinance, measure, regulation or proposed change may be amended by majority vote, prior to the voting thereon by the Council, without further notice or postponement if such amendment is germane to the subject matter and does not violate, or differ from, or depart from, the report of the Planning Commission.
(c) If protest against an amendment is presented, duly signed by the owners of at least fifty-one percent of the land within the area proposed to be altered, such amendment shall not be passed except by a two-thirds vote of all members to Council. If an amendment will transfer an area to a less restricted district and a protest is presented, duly signed by the owners of at least fifty-one percent of the land adjacent to and/or within 500 feet of such an area proposed to be transferred, such amendment shall not be passed except by a two-thirds vote of Council members.
(Ord. 1970-232. Passed 9-15-71.)
1266.06 ISSUANCE OF BUILDING PERMITS.
A building permit shall be issued only if final development plans meet the requirements for the specific zoning district in question, are in substantial conformity with the preliminary sketch plan presented in the petition for rezoning, and represent the use specified at the time of the petition.
(Ord. 1972-180. Passed 7-17-74.)
1268.01 ESTABLISHMENT OF DISTRICTS; INTERPRETATION.
In order to classify, regulate and restrict the location of business, industries, residences, recreation and other land uses and the location of buildings designed for specified uses; to regulate and limit the height, number of stories and size of buildings and other structures hereafter erected or altered; to regulate and limit the percentage of lot area which may be occupied; and to establish setback lines, sizes of yards and other open spaces within and surrounding such buildings and the density of population; the incorporated territory of the City is hereby divided into zoning use districts. Regulations are uniform for each class or kind of building or structure or use throughout each zoning district. Such districts shall be known as:
District Title Residential Districts Abbreviation
One Family A R1-A
One Family B R1-B
MultiFamily D RM-D
Residence/Professional Office RPO
Rural Residential RR
Senior Citizen SRC
Public Facilities
Public Facilities PF
Business Districts
Office Building OB
Local Business LB
General Business GB
Motorist Service MS
Shopping Center SC
Industrial Districts
Commercial Service CS
Research Office RO
General Industrial A GI-A
General Industrial B GI-B
Planned Residential Dist.
Planned Unit Development PUD
Whenever the abbreviated terms such as PF, R1-A, LB, GB, etc., are used in this Zoning Code, they shall be construed as referring to their corresponding district titles.
The above classification of districts shall not be construed as an enumeration of most restrictive to least restrictive districts except for the specific purposes set forth in this Zoning Code.
No buildings or premises shall be erected or used except in conformity with the regulations herein prescribed for the use districts in which such buildings or premises are located and with all other regulations contained in this Zoning Code.
(Ord. 89-209. Passed 2-6-90; Ord. 95-22. Passed 5-3-95.)
1268.02 USE REGULATIONS.
(a) Any building or parcel of land may be used, the use of any building and any parcel of land may be changed or extended, and any existing building may be altered, converted, enlarged, reconstructed, moved or maintained, only for the uses specifically enumerated or referred to as permitted or required in the district in which the building or parcel of land is located and for no other use. The enumeration of uses within a district shall not be construed as a ranking of more desirable to less desirable uses.
(b) A main building or use enumerated in the various use regulations of this Zoning Code shall be permitted by right as the principal building, use or activity of a zoning lot only in a district in which it is specifically permitted.
(c) Similar uses are uncommon uses which have characteristics similar to and compatible with those uses enumerated as permitted in a district by right, but since they occur only infrequently it is not reasonable to enumerate all such uncommon uses. They may, however, be added to the enumerations of permitted uses by procedures established in Section 1262.08.
(d) Conditional uses are certain types of main uses so classified in this Zoning Code because of their uncommon or unique characteristics, large land area requirements or for other reasons. They are uses which cannot be permitted by right, in specific locations in districts in which they are appropriate and compatible without certain adjustments. The uses which may be considered for conditional approval in specific districts are enumerated throughout the sections dealing with use regulations. The procedures and standards for evaluating and approving conditional uses are set forth in Section 1262.07.
(e) An accessory building or use, as enumerated in the various use regulations of this Zoning Code, shall be permitted as a subordinate building or subordinate use if it is clearly incidental to and located on the same zoning lot as the main building or use, and if located in a district in which it is specifically permitted. The use, change, extension, alteration, conversion, enlargement, reconstruction, relocation or maintenance of accessory buildings and land shall be subject to all area, yard, height, off-street parking and other regulations, set forth or referred to for the district in which the accessory building or parcel of land is located, and to all other applicable regulations of this Zoning Code.
(Ord. 89-209. Passed 2-6-90.)
1268.03 ZONING MAP.
The boundaries of the districts are shown upon the Map which is attached hereto and made a part of this Zoning Code, which Map is designated as the Zoning Map. The Zoning Map and all notations, references and other information shown thereon are a part of the Zoning Code and have the same force and effect as if the Zoning Map and all notations, references and other information shown thereon were fully set forth and described herein.
(Ord. 89-209. Passed 2-6-90.)
1268.04 ZONING VACATED PROPERTY.
Whenever any street, alley or other public way is vacated by official action of Council, the zoning of the district adjoining each side of such street, alley or other public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall henceforth be subject to all appropriate regulations of the extended districts.
(Ord. 89-209. Passed 2-6-90.)
1268.05 ZONING ANNEXED TERRITORIES.
All territory which may hereafter be annexed to the City shall, if already zoned, be continued in its existing zoning classification until amended in conformity with the procedures outlined in this Zoning Code.
(Ord. 89-209. Passed 2-6-90.)
1268.06 RULES FOR UNCERTAIN BOUNDARIES.
The district boundary lines of the Zoning Map enclose an area of a designated district, and generally follow recorded lot lines, the centerline of streets, railroad rights of way or their extensions, provided, however, that:
(a) Where the district boundary line is shown by dimension or relationship as being located a specific distance from and/or parallel to a street line, said distance shall control.
(b) Where a district boundary line is shown as adjoining a railroad, it shall, unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right of way.
(c) Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and each part of the parcel shall comply with the regulations of the district in which it is located.
(d) Where a district boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions or fixed points shown on the Zoning Map, it shall be determined by the scale appearing thereon and, in case of other uncertainties, the Planning Commission shall determine the exact location.
(Ord. 89-209. Passed 2-6-90.)
1268.07 INTERIM DEVELOPMENT CONTROL OVERLAY DISTRICTS.
(a) Purpose. The Interim Development Control (IDC) Overlay District is intended to temporarily halt development to allow time to study and implement a plan for correction of infrastructure, including but not limited to flooding or water backup from storms/sanitary; to regulate such development on a temporary basis, to ensure that eventual development is consistent with the goals of the Master Plan; to regulate the establishment of uses, construction of new buildings and demolition or alteration of existing structures in areas where the adoption of amendments to the North Royalton Zoning Code have been proposed in a Master Plan, comprehensive plan, community plan, urban design plan or urban renewal plan approved by the City Planning Commission.
(b) Applicability and Zoning Map Designator. An IDC Overlay District may be applied to any zoning district or combination of zoning districts. It is adopted as an amendment to the Zoning Map. This overlay district is shown on the zoning map by an IDC designator applied to the base district designation. Where inconsistencies exist between the IDC Overlay District regulations and other provisions of the North Royalton Zoning Code and the Municipal Code, the IDC Overlay District regulations apply.
(c) Establishment of IDC Overlay Districts. Except as outlined in division (e) of this section (4 Month IDC District), Council may establish an IDC Overlay District after receiving an affirmative recommendation from the City Planning Commission, on finding that:
(1) Proposed amendments. Map amendments to the North Royalton Zoning Code have been proposed in a comprehensive plan, urban design or urban renewal plan or community plan approved by the City Planning Commission or zoning text amendments are being considered by the City Planning Commission, or corrective action is necessary to prevent flooding or water backup through storm sewers in designated areas.
(2) Study and review. The proposed amendments may substantially affect permitted uses in the area of consideration and will require the study and review by the City Planning Commission, city administration and Council prior to adoption, or a finding that study and review of water problems will require amendments to zoning and/or substantial infrastructure changes.
(3) Public interest. The protection of the public interest requires that interim development controls be imposed during the period of study and review by the City Planning Commission and/or City Administration.
(d) IDC Application review guidelines. The ordinance to adopt an IDC Overlay District must include the following:
(1) Applications subject to review. Specify which of the following permit applications are to be reviewed by the City Planning Commission. The applications may include but not be limited to:
A. Building permits for new construction, demolition of existing structures, exterior or interior alterations or additions to existing structures and changes in use.
B. Building permits for signs.
C. Building permits for site improvements.
D. Permits for the construction or reconstruction of streets or sidewalks.
E. Application for subdivision development.
F. Excavation and fill permits.
G. Certificate of compliance.
H. Infrastructure construction permits.
(2) Application review guidelines. Adopt application review guidelines for each application subject to review specified in division (f) of this section for the purposes of providing the City Planning Commission with criteria for the exercise of its authority, as granted in this chapter.
(3) Administrative review. Designate the city department, division, or official responsible for conducting the administrative review of these applications.
(e) Four Month IDC Overlay Districts. Council may establish IDC Overlay Districts to remain in effect for four months without prior notice, advertisement or public hearing. The Clerk of Council has the duty to give notice of the establishment of the district and the time and place of a public hearing in accord with Section 1266.04
on the extension of the district for an additional eight-month period according to the criteria set forth in division (g) of this section, within 30 business days of the establishment of an IDC Overlay District, by placing an advertisement in a newspaper of general circulation and, if less than 100 parcels of property are within the district, by sending the notice to all owners of record.
(f) One-Year IDC Overlay Districts. Council may establish IDC Overlay Districts to remain in effect for one year, or extend IDC Overlay Districts established pursuant to division (e) of this section for eight additional months if notice has been given and a public hearing held in accordance with Section 1266.04, Public Hearings, Notices concerning Zoning Amendments, of the Municipal code and on finding that:
(1) Ongoing study. The City Administration, City Council and/or City Planning Commission is studying proposed North Royalton Zoning Code or map amendments that would affect the area within the IDC District, or studying flood/water backup and related infrastructure issues; or
(2) Study completion. The study is not yet completed, but may reasonably be expected to be completed and North Royalton Zoning Code amendments enacted within the year; or
(3) Inconsistent uses. There is a prospect of changes in use, construction of new structures or alteration or demolition of existing structures that would be inconsistent with preliminary objectives or findings for the area approved by the City Planning Commission.
(g) Extension of IDC Overlay Districts. Council may extend the duration of an IDC Overlay District by an additional six months, provided that an IDC Overlay District may not remain in effect for more than two years from the date it was first established. Notice is to be given and public hearings shall be held in accordance with Section 1266.04, Public Hearings, Notices concerning Zoning Amendments, of the Municipal code prior to the adoption of any IDC Overlay District extension. Council may only adopt an IDC Overlay District extension after receiving an affirmative recommendation from the City Planning Commission and finding that:
(1) Complex study. The study of the proposed amendment to the North Royalton Zoning Code or map that would affect the allowable land uses within the IDC Overlay District has proven to be extraordinarily complex by reason of unusual geographic, physical or social conditions in the district; or
(2) Study incomplete. The City Planning Commission or Council has not yet completed the consideration of the proposed North Royalton Zoning Code map amendments that would affect the allowable land uses within the IDC Overlay District; or
(3) Inconsistent uses. There is a prospect of change in use, construction of new structures or alteration or demolition of existing structures that would be inconsistent with preliminary objectives or findings for the area approved by the City Planning Commission.
(h) Applications Subject to Review. The City Planning Commission has the duty to review applications in an established IDC Overlay District as specified in the ordinance that enacted the IDC Overlay District. A permit made subject to review pursuant to the ordinance establishing the IDC District may not be issued unless approved by the City Planning Commission.
(i) Standards for Review.
(1) The administrative reviewer appointed pursuant to division (d) of this section has the duty to prepare an advisory report that evaluates whether the proposed work is in compliance with the application review guidelines adopted. The administrative reviewer has the duty to file the report with the City Planning Commission within 15 business days of the date of application.
(2) The City Planning Commission may approve applications in an established IDC Overlay District if the proposed work is in compliance with the application review guidelines adopted pursuant to division (d)(2) of this section, on finding that:
A. Proposed work permitted by current and proposed zoning. The proposed work is permitted or conditionally permitted in the base district, conforms to all standards and performance criteria of the North Royalton Zoning Code and does not conflict with any proposed amendment to the North Royalton Zoning Code then under consideration by the City Planning Commission or Council.
B. Proposed work compatibility. The proposed work is compatible with the predominant or prevailing land use, building and structure patterns in the surrounding neighborhood and community.
C. No detrimental effect to the public. The proposed work is not detrimental to the public peace, health, safety or general welfare.
D. No adverse effect on adjoining properties. The proposed work has no adverse effect on the access to the property for fire and police protection and adequate public facilities and services, access to light and air from adjoining properties, traffic conditions, transportation requirements and facilities or development and use of adjacent land, structures and buildings.
(j) Review of Permit Applications. After receiving an advisory report from the administrative reviewer, the City Planning Commission has the duty to consider applications for permits as follows:
(1) Public hearing. The City Planning Commission has the duty to hold a public hearing on the application within 30 days of receiving the advisory report prepared pursuant to division (i) of this section. Notice of the hearing must be sent to the applicant, owners of record of adjoining properties and any person requesting notice. Notice must be published in advance of the hearing. Testimony at the hearing will be taken under oath and recorded and the reviewer responsible for preparing the advisory report must appear. The applicant is permitted to be heard in person or through an attorney and may present evidence and cross-examine opposing witnesses.
(2) Exceptions from underlying zone district regulations. The City Planning Commission may grant exceptions from the underlying zone district regulations other than those relating to use, maximum number of dwelling units and maximum floor area ratio, when the exceptions are consistent with the application review guidelines adopted pursuant to division (d) of this section and the standards for review set forth in division (i) of this section.
(3) Decision of the City Planning Commission. The City Planning Commission has the duty to make a decision on the application no later than the next regularly scheduled meeting on a different day following the close of the public hearing. An extension of time to make said decision may be approved by the applicant for good cause shown. The application may be approved, subject to conditions necessary to ensure that the development plan is lawful and in the public interest. If the application is disapproved, the reasons must be stated in writing as findings of fact and conclusions of law prepared by the Law Director, subject to approval by the Planning Commission no later than the next regular meeting. The City Planning Commission has the duty to send its conclusions to the applicant, appropriate city officials and others who request a copy.
(k) Appeals. Any adversely affected person may appeal a decision of the City Planning Commission made pursuant to this chapter to Council. The notice of appeal must be filed with the Clerk of Council within 30 days of the approval of minutes of the City Planning Commission's decision regarding the applicant's application. Said notice of appeal shall specify and attach the decision of the Planning Commission. A copy of the notice of appeal shall be served on the Law Director by the applicant. Those “adversely affected” include the applicant or any other person, organization or association, who appeared before the City Planning Commission personally, by representative or in writing and expressed a position contrary to the decision of the City Planning Commission. The appeal shall be heard de novo.
(Ord. 04-153. Passed 11-23-04; Ord. 24-141. Passed 9-3-24.)
1270.01 INTENT.
Residential Districts and their regulations are established in order to achieve, among others, the following purposes:
(a) To regulate the bulk and location of buildings in relation to land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;
(b) To regulate the density and distribution of population in accordance with the objectives of the residential plan to avoid congestion and to maintain adequate services;
(c) To provide protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic and other objectionable influences;
(d) To protect the desirable characteristics of existing residential development, to promote stability and the most desirable and beneficial use of land, and to bring about eventual conformity with the adopted or officially accepted Master Plan and other plans of the City;
(e) To protect and retain the existing residential character of areas that adjoin major arterials where nonresidential strip development is not desired by providing for a Residence/Professional Office District.
(Ord. 89-210. Passed 2-6-90.)
1270.02 SCHEDULE OF PERMITTED BUILDINGS AND USES.
Buildings and land shall be used in Residential Districts, and buildings shall be erected, altered, moved and maintained in Residential Districts, only for the uses set forth as permitted in the following schedule:
Main Buildings and Uses Accessory Buildings and Uses
(a) R1-A: One-family dwellings. Private garages and parking
By conditional use permit: public areas; private garden and
water supply reservoir; tower recreational uses; structures,
and pumping station; public pools, fences and walls; home
sewage treatment works; electric offices and occupations; renting
power substation; licensed family of rooms; accessory living
home. Family home means a accommodations; pets;
residential facility providing nameplate, bulletin board and
room and board, personal care, real estate signs.
habilitation services and
supervision in a family setting
for at least six, but not more
than eight, persons with
developmental disabilities as
provided for in Ohio R.C. 5123.19.
(b) R1-B: Main uses permitted in Accessory uses permitted in R1-A
R1-A District. District.
By conditional use permit: same
uses enumerated in R1-A District.
(c) RM-D: Single-family and two- Accessory use permitted in R1-A
family dwellings, townhouses, District. Rooms for tourists,
plexes and apartments. storage garages and parking
By a conditional use permit: areas for automobiles as
public water supply reservoir, accessory to two-family
tower and pumping station; dwellings, townhouses, plex
public sewage treatment works; dwellings and apartments.
electric power station.
(d) RPO: Main uses permitted in Accessory uses permitted in R1-A
R1-B District and Residence/ Districts and parking areas
Professional Office uses as for automobiles as accessory to
further regulated in this chapter, Residence/Professional Office
including Section 1270.31. buildings as further regulated
By conditional use permit: herein.
same uses as enumerated in
R1-B District.
(e) SRC: Senior citizen center for Accessory uses: Service and
persons aged 55 years or older, maintenance buildings, off-street
which includes the following parking and garages, and related
permitted main uses: dwelling facilities and services.
facilities, apartments, row houses
and other attached or detached
dwellings. Rest, nursing or other
health facilities primarily for the
use of the occupants. Dining
facilities primarily for occupants
and/or employees. Recreational
facilities primarily for occupants.
Administrative offices.
(Ord. 89-210. Passed 2-6-90; Ord. 90-196. Passed 10-16-90.)
(f) RR: Detached one-family Private garages and parking
dwellings. areas; home offices and
By conditional use (with occupations; renting of rooms;
appropriate permit and minimum gardens and pets; barns and/or
acreage): commercial equestrian stables; pools; fences and walls.
uses (ten acres minimum); bed
and breakfast inns; plant
husbandry; private sport
recreation, including golf courses
and country clubs; government
agencies, such as fire stations
and police stations; same uses as
enumerated in R1-A District.
(Ord. 95-22. Passed 5-3-95.)
1270.03 ACCESSORY USES.
(a) Parking and Garage Facilities. Private and storage garages and open off-street parking areas shall be permitted in Residential Districts if accessory to a dwelling, or if the use is considered and approved as a conditional use in accordance with the standards and regulations set forth in Section 1262.07.
(b) Home Professional Offices. An office may be permitted in Residential Districts in the home of a person practicing any of the recognized professions, including, but not limited to, an accountant, architect, artist, engineer, lawyer, musician, physician, realtor, appraiser, photographer, planner or mental health counselor, provided that:
(1) No assistants other than members of the resident family work therein.
(2) The residential character of the dwelling exterior shall not be changed.
(3) No equipment shall be used which will create objectionable disturbances beyond the premises.
(4) The number of automobiles attracted to the premises shall not be more than can be accommodated by five automobile spaces (excluding enclosed garage spaces) for each 1,500 square feet of the main building.
(c) Home Occupations. Gainful home occupations may be permitted in Residential Districts, including dressmaking, interior decorating, arts and crafts, or any other similar home occupations, but excluding uses permitted as commercial or industrial uses, and may be conducted in the dwelling used by such person as his or her residence, provided that:
(1) No persons other than members of the household are employed therein;
(2) No window display or signboard is used to advertise such occupation, except that the nameplate provided for in Section 1284.07(a) may designate such occupation thereon.
(3) The occupation must be conducted wholly within the dwelling.
(4) No merchandise is sold except that which is produced on the premises.
(5) No equipment is used which will create objectionable disturbances beyond the premises.
(6) The space used for sale and production does not occupy more than twenty-five percent of the dwelling unit area.
(7) The use does not change the residential character of the dwelling exterior.
(8) The use does not require the storage of any equipment, materials or vehicles outside the main building.
(d) Renting of Rooms. The renting from a resident family, of not more than one room to not more than one person, shall be permitted in any Residential District.
(e) Gardens and Pets. The raising for private use of fruits, vegetables or nursery stock, and the keeping of pets, are permitted in Residential Districts, provided that:
(1) Household pets shall be construed to include dogs, cats, canaries, parakeets, fish, domestic rabbits and other regular domestic animals and birds. As used herein, household pets shall not be construed to include mules, donkeys, cows, bulls, swine, sheep, goats, wild rabbits, fowl, snakes, bees or pigeons and other domesticated animals, or tamed wild animals or birds.
(2) Not more than six horses (not for commercial use) per parcel of land will be permitted in the R1-A and R1-B Districts only. No piles or accumulations of refuse and/or manure from any animals will be permitted within 250 feet of any street or highway, 150 feet of any dwelling and twenty-five feet of all boundary lines. Minimum lot size for one horse is two acres and one additional acre for each horse. The grazing of horses must be confined to an area that is fenced, meets the requirements outlined in Section 1270.14 and is a minimum of 250 feet from any street or highway and 150 feet from any dwelling.
(3) Any accessory building used in conjunction with the keeping of horses must be a minimum of 250 feet from any street or highway, 150 feet from any dwelling and twenty-five feet from all boundary lines, and in no case will the accessory building be in front of the dwelling unit on the same or adjacent lots.
(Ord. 89-210. Passed 2-6-90; Ord. 03-113. Passed 9-16-03
; Ord. 06-42. Passed 3-21-06
.)
1270.04 AREA, YARD AND HEIGHT REGULATIONS.
Land and buildings shall be used only in accordance with the lot area regulations, and buildings shall be erected, altered, moved and maintained only in accordance with the area, yard and building height regulations, set forth in this chapter.
(a) The area of a zoning lot shall be not less than the area in square feet required for each dwelling unit as given in the schedule set forth in Section 1270.05, multiplied by the number of units in the building.
(b) The width of a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located, as set forth in Section 1270.05, or as modified in subsequent sections, and shall be measured at the building line. Each one and two-family lot shall abut upon a dedicated street for the required lot width, except that on curved streets the width at the front line may be less, provided that the lot width at the building line meets the required lot width of the particular district.
(c) The percentage of lot covered by buildings, as given in the schedule set forth in Section 1270.05, shall not be exceeded. The percentage is determined when the area of the building is divided by the area of the lot.
(d) The front yard depth or setback of a zoning lot shall be not less than the depth given in the schedule set forth in Section 1270.05, for the type of dwelling or other building permitted in the district in which it is located.
(e) Two side yards shall be provided for every one and two-family dwelling on a zoning lot, and the widths of side yards of a lot shall be not less than the respective dimensions as given in the schedule set forth in Section 1270.05.
(Ord. 89-210. Passed 2-6-90; Ord. 20-119. Passed 10-6-20; Ord. 22-64. Passed 5-4-22.)
(h) Single-family cluster developments shall be required to maintain the maximum overall densities listed in Section 1270.05 for R1-A and R1-B Districts.
(Ord. 95-92. Passed 7-18-95.)
1270.05 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS.
Dist.
|
Dens.
|
Dwell. Type
|
Min. Lot Area Per Dwell. Unit (sq. ft.)
|
Min. Width of Lot (ft.)
|
Lot Covrg. by Bldg. Max. (%)
|
Front Yard Depth (ft.)
|
Min. Yard Dim. Meas. From
|
Side Yard (ft.)
|
Rear Yard Depth (ft.)
|
Max. Height Main Bldg. (Stories) |
Dist.
|
Dens.
|
Dwell. Type
|
Min. Lot Area Per Dwell. Unit (sq. ft.)
|
Min. Width of Lot (ft.)
|
Lot Covrg. by Bldg. Max. (%)
|
Front Yard Depth (ft.)
|
Min. Yard Dim. Meas. From
|
Side Yard (ft.)
|
Rear Yard Depth (ft.)
|
Max. Height Main Bldg. (Stories) |
R1-A | 1.9 | 1 Fam. | 20,000 | 100 | 35 | 45-55 (e), (f) | Row | 10 | 50 | 2 |
Cluster requirements as provided for in Section 1270.33(d) | ||||||||||
R1-B | 2.4 | 1 Fam. | 15,600 | 80 | 35 | 50 | Row | 8 | 50 | 2 |
Cluster requirements as provided for in Section 1270.33(d) | ||||||||||
RM-D | 3.2 | 1 Fam. | 13,600 | 80 | 35 | 50 | Row | 8 | 50 | 2 |
5.1 | 2 Fam. | 8,500 | 100 | 25 | 50 | Row | 8 | 50 | 2 | |
8.0 | Townhouse | 5,445 | 150(b) | 30 | 75 | Row | (a) | (a) | 2 | |
30 | Pavmt. edge | |||||||||
Private Drive | ||||||||||
(d) | 6.0 | Clust. Dev. | ||||||||
6.0 | Plex | 7,260 | 150(b) | 30 | 65 | Row | (a) | (a) | 2 | |
30 | Pavmt. edge | |||||||||
Private Drive | ||||||||||
11.0 | Apt. | 3,960 | 200(b) | 30 | 100 | Row | (a) | (a) | ||
Pavmt. edge | ||||||||||
Private Drive | ||||||||||
PUD | 1 Fam. | 9,000 | 75 | ---- | (c) | Row | 5 | 30 | 2 | |
Townhouse | 5,445 | 150(b) | ---- | 50 | Row | (a) | (a) | 2 | ||
30 | Pavmt. edge | |||||||||
Private Drive | ||||||||||
Plex | 7,260 | 150(b) | ---- | 50 | Row | (a) | (a) | 2 | ||
30 | Pavmt. edge | |||||||||
Private Drive | ||||||||||
11.0 | Apt. | 3,960 | 200(b) | ---- | 100 | Pavmt. edge | (a) | (a) | 3 | |
Private Drive | ||||||||||
SRC | 11.0 | Sr. Citizen center and housing | 3,960 | 200 | 20 | 100 | Row | (g) | (g) | 5 |
RPO | 3.2 | 1 Fam. or Res./Office | 13,600 | 80 | 35 | 50 | Row | 8 | 50 | 2.5 |
(a) Yard dimensions determined by formula. See Section 1270.06.
(b) Measured at the building line. In group development, this need not correspond to lot width at the street line.
(c) Not less than 30 feet on a local street and not less than 40 feet on a collector street.
(d) See Section 1270.32 for yard regulations pertinent to cluster development.
(e) Along Royalton Road, the minimum front yard depth for all residential districts shall be 100 feet from the centerline of the street, or the front yard depth specified in the table, whichever is greater.
(f) An average setback of 50 feet from the ROW is required for the subdivision. Single lots or groups of three lots or less shall be required to maintain a 50-foot front yard depth when not governed by the provisions of Section 1270.08.
(g) (1) Where a Senior Citizen Center adjoins business zoning, the side yard setback shall be a minimum of 50 feet; where a Senior Citizen Center adjoins industrial zoning, the side yard setback shall be a minimum of 75 feet.
(2) Where such facility adjoins an RM-D District, the side yard setback shall be 75 feet or one and one-half times the height of the building at the main entrance, whichever is greater.
(3) Where such facility adjoins an R1-A or R1-B District, the side yard setback shall be two times the height of the building at the main entrance, or 100 feet, whichever is greater. In addition, the requirements of footnote (c) of Section 1278.06 must be complied with.
(4) In cases where the rear yard adjoins an R1-A or R1-B District, the required setback shall be at least equal to the side yard requirements of paragraph (g)(3) hereof.
(5) In all other cases, the rear yard setback shall be one and one-half times the building height at the main entrance or 75 feet, whichever is greater.
(Ord. 91-311. Passed 7-7-92; Ord. 92-273. Passed 1-5-93; Ord. 93-17. Passed 2-2-93; Ord. 93-44. Passed 5-5-93; Ord. 95-93. Passed 7-18-95.)
1270.06 YARD REGULATIONS FOR MULTIFAMILY DWELLINGS.
In order to encourage greater flexibility in design, more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for multifamily dwellings are hereby established for single development and for locating several buildings within a group development.
The yards of multifamily buildings shall be attractively landscaped and 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, and from streets and parking and recreation areas, in accordance with the following:
(a) Terms used in this section are defined as follows:
(1) Cluster development: A development which utilizes the design technique which concentrates buildings in specific areas on the site, allowing the remaining land to be used for recreation, common open space and the preservation of natural areas and environmentally sensitive features. This type of development shall not be governed by the formulas and restrictions listed in subsections (b) through (j) hereof. Yard regulations for cluster developments are listed in Section 1270.32.
(2) End or secondary wall: Any exterior wall of a multifamily building, other than a main wall, containing secondary windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom, or no windows.
(3) Group development: A development of more than one multifamily building on a parcel planned as a unit and coordinated with the surrounding neighborhood.
(4) Main wall: Any exterior wall of a multifamily building containing the principal windows of a living, dining and/or sleeping room or rooms.
(5) Overlapping walls: That portion of the exterior walls which are directly opposite, when two buildings that are parallel, or within thirty degrees of being parallel, face each other across an open yard or court.
(6) Single development: A development of one multifamily building on one lot coordinated with the surrounding neighborhood and fronting on a dedicated street.
(b) 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 shown in Illustration E, as follows:
ILLUSTRATION E: YARD REGULATIONS FOR MULTIFAMILY DWELLINGS
(1) Minimum distance: 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: 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: 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: The height of building A.
(5) HB: The height of building B.
(6) F: The divisor factor.
In the RM-D and SC Districts, the division factor is three and a half (3.5). However, the minimum distance between any two main walls of separate buildings shall be forty feet.
(c) Minimum distances in angular arrangements of thirty to sixty degrees are determined by the formula,
Minimum Distance: 2LB + HA + HB - K
F
The elements of the formula are as defined above and are shown on Illustration E. "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 K equals
(degrees) (feet)
30 to 34 10
35 to 39 20
40 to 50 25
51 to 55 20
56 to 60 10
In the RM-D and SC Districts, the division factor, "F", is four and a half (4.5).
(d) Minimum distances between walls of court arrangements shall be determined by applying the formula set forth in subsection (b) hereof to each set of facing walls. In the arrangement 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 Illustration E. In the RM-D and SC Districts, the division factor, "F", is three and a half (3.5).
(e) The minimum horizontal distance between non-overlapping walls where walls of two 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 building), shall be not less than one-half of the combined heights of the two buildings. Such minimum distance shall be determined by the formula,
Minimum Distance = HA + HB
2
(f) The distance between a building and boundary lines of a multifamily building or part thereof, in a single development or group development, and any side or rear lot line of the parcel or development area, shall vary in direct relation to the length and height of the building.
Where the building is parallel to the lot line, such minimum distance shall be determined by the formula:
Minimum Distance = 2(LL) + HA
F
Where the building is at an angle to the lot line, the minimum distance shall be determined by the formula:
Minimum Distance = 2(LL) + HA - K
F
The elements of said formula are shown on Illustration E and defined as follows:
(1) Minimum distance: 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) LL: 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 building.
(3) HA: The height of building A.
(4) K: It 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 (c) hereof.
(5) F: The division factor. Where the building is parallel to the lot line, the division factor for the RM-D and SC Districts is three. Where the building is at an angle to the lot line, the division factor for the RM-D and SC Districts is four.
(g) For townhouse dimensions, a unit of a townhouse shall be not less than twenty-two feet in width, and any main or longitudinal wall of a sequence of townhouse units shall not exceed 132 feet in length without a ninety degree offset of at least ten feet, and the aggregate length of any wall, including its offsets, shall not exceed 176 feet in length.
(h) In the use and design of yards, the required yards set forth in this section shall be attractively landscaped and may be used for driveways, pedestrian walks and passive recreation areas. If, however, courts between buildings are used for parking areas or playgrounds, the distances between buildings shall be increased by the dimensions of such intermediary facilities. The site shall be designed so that entrances to all buildings shall be located not more than 300 feet from the accessory parking area, the distance to be measured along pedestrian walks.
(i) Where two or more multifamily buildings are planned as a unit on a single parcel, submission of development plans shall follow the procedure outlined in Section 1270.30.
(j) The diagrams in Illustration E indicate the regulations and planning criteria set forth in this section and constitute a part of this Zoning Code.
(Ord. 89-210. Passed 2-6-90; Ord. 93-19. Passed 2-2-93.)
1270.07 REQUIRED YARDS TO BE MAINTAINED.
The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building, and a yard of less than the required dimensions shall not be further reduced in any manner. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as set forth in Section 1270.12 and projections into yards as set forth in Section 1270.13.
(Ord. 89-210. Passed 2-6-90.)
1270.08 FRONT YARDS OF DEVELOPED BLOCKS.
Where fifty percent or more of the aggregate street frontage between two successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of this Zoning Code or any amendment thereto, with a front yard setback of more or less than required by this Zoning Code, the minimum front yard for new buildings or additions to existing buildings shall be the average setback distance of existing buildings located within 100 feet on either side of a given lot. However, the depth of the front yard resulting therefrom shall be not less than twenty percent of the dimensions specified in the schedule set forth in Section 1270.05.
(Ord. 91-72. Passed 5-8-91.)
1270.09 SIDE YARDS OF INSUFFICIENT WIDTH.
Where side yards are narrower than required for the district in which the building and lot are located, which building and lot were owned separately from all other tracts of land on the effective date of this Zoning Code or any amendment thereto, and are still so owned, the building may be maintained or altered but may not be enlarged in width until the total width of the side yards complies with this Zoning Code.
(Ord. 89-210. Passed 2-6-90.)
1270.10 YARDS ON CORNER LOTS.
The depth of the front yard on a corner lot shall be not less than the required setback from the front lot line. The width of the side yard on the side street shall be not less than twenty percent of the width of the lot at the building line but not less than one-half of the depth of the front yard required for the adjoining lot which abuts a side street, unless shown otherwise on the Zoning Map.
(Ord. 89-210. Passed 2-6-90.)
1270.11 YARDS FOR IRREGULAR LOTS.
The specific yard regulations set forth in this chapter may be modified by the Board of Zoning Appeals in accordance with standards established in Section 1264.08 where the regulations cannot be complied with reasonably as a result of the irregular shape of a lot or for topographical reasons.
(Ord. 89-210. Passed 2-6-90.)
1270.12 SIZE, LOCATION, SETBACKS AND HEIGHT FOR ACCESSORY BUILDINGS AND PRIVATE GARAGES.
(a) Private garages and accessory buildings permitted in the R1-A, R1-B, and RRZ Districts per Section 1273.01(d), shall meet the requirements of the following table:
Each residential lot is permitted one attached or detached private garage based on the size of the dwelling: | |
Dwelling size | Max. total square footage |
Up to 1,800 sq. ft. | 800 sq. ft. |
1,800 - 4,000 sq. ft. | 1,000 sq. ft. |
Over 4,000 sq. ft. | 1,200 sq. ft. |
Each residential lot is permitted one accessory building and one accessory shelter that, combined, shall not exceed the following requirements: | |
Lot Size | Max. total square footage |
Up to ½ acre | 600 sq. ft. |
½ acre to 1 acre | 800 sq. ft. |
1 to 3 acres | 1,200 sq. ft. |
More than 3 acres | 2,000 sq. ft. |
Residential Districts (Other Than Senior Citizen
Accessory building location |
Accessory building location | |
Interior lot | Behind rear wall of the main building1 |
Corner lot | Behind rear wall of the main building and observe the actual setback created by the adjacent main building of the abutting lot.1 |
Accessory building setback from: | Distance |
Any dwelling | 20 ft. |
Any other accessory building | 10 ft. |
Side property line | 5 ft. |
Rear property line | 5 ft. |
Accessory building height | Max. height |
Wall height | 10 ft. |
Overall height | 20 ft. or the overall height of the main building, whichever is less. |
1 Except that an accessory shelter of not more than 100 sq. ft. may be permitted in the front yard or side yard if it is entirely unenclosed. | |
A. All structures combined shall not exceed the basic footprint of thirty-five percent of the lot. Such footprint shall be permitted to be split to accommodate the maximum use of the lot.
B. Accessory structures and private detached garages commonly associated with R1-A and R1-B Districts are not permitted in a cluster development in accordance with Section 1270.33(d)(4)F.
C. Swimming pools, whether in-ground or above-ground, shall be permitted regardless of size providing such pool does not exceed the thirty-five percent lot coverage inclusive with all other accessory structures.
D. Shipping or storage containers, such as, but not limited to, railway cars and shipping containers carried by trucks or ships, are not permitted to be used as accessory buildings or shelters in R1-A, R1-B, and RRZ residential districts.
(Ord. 22-65. Passed 5-4-22; Ord. 24-49. Passed 4-16-24.)
(b) Distances From Accessory Uses to Buildings and Streets in the RM-D and SC Districts. 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 as set forth in the following schedule:
MINIMUM DISTANCES FOR ACCESSORY USES IN SC AND RM-D DISTRICTS
To Side & Rear
Accessory To Walls of Lot Lines Adjacent
Building or Use Main Buildings To Streets R1 RM-D
Main End Public Private Distanc e Distance
(ft.) (ft.) (ft.) (ft.) (ft.) (ft.)
Storage garage 30(1) 15(1) (2) 8 5 5
Parking area and
driveway (3) 30 10 20(4) 5(4) 10 5
Project walk 10(5) 5 (6) (6) 5 5
Areas for active
recreation 30 15 (7) 10 40 15
(1) Garage may be in basement ground floor or not less than set forth in this schedule.
(2) Storage garage not permitted in required front yard.
(3) If the driveway is designed as part of the building entrance, it may be less than set forth in this schedule for that section near the entrance.
(4) Parking area only.
(5) A project walk may be less than ten feet, but not less than five feet, from a main wall, if all the windows have sills at least eight feet above the finished grade.
(6) Not applicable.
(7) Recreation areas not permitted in required front yard.
(c) Area and Distance Requirements in RPO Districts. Area and distance requirements of accessory uses in an RPO District shall be not less than as set forth in the following schedule:
MINIMUM DISTANCES AND MAXIMUM AREA IN RPO DISTRICT
To Walls of To Adjacent
Accessory Main Bldgs. Side and Rear To Street
Building or Use (ft.) Lot Lines (ft.) (ft.) Max. Area
Storage or Detached
Garage 20 10 Not permitted(b) Same as
subsection (a)
Parking area
and driveway 10 10 50 20% of area
(Ord. 89-210. Passed 2-6-90; Ord. 90-121. Passed 9-4-90; Ord. 02-138. Passed 1-7-03; Ord. 03-60. Passed 7-1-03; Ord. 13-124. Passed 11-6-13; Ord. 19-59. Passed 9-3-19; Ord. 22-66. Passed 5-4-22.)
(d) Yard Requirements in Single-Family Cluster Developments. See Section 1270.33(d)(4)F. for regulations concerning yards for accessory uses in single-family cluster developments. (Ord. 95-96. Passed 7-18-95.)
1270.13 PROJECTIONS INTO YARDS.
(a) A projection is that part or feature of a building which extends or projects outside of the enclosing walls. It is intended that certain features may project into required yards but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots as follows.
(b) Building features may project into a front, side or rear yard of a dwelling measured from the established yard line, as follows:
(1) Architectural feature. A belt course, balcony, cornice, butter or chimney may project into a front and side yard for a distance of two feet, provided that no part is less than three feet from any side lot line.
(2) Entrance feature. An open platform, landing, steps, terrace or other feature, not extending above the first floor level of a building, may extend six feet into a front yard and three feet into a side yard.
(3) Enclosed shelters. An enclosed entry or porch shall not project into any required yard area.
(4) Unenclosed shelters. An entrance hood or open but roofed porch may project six feet into a front yard and three feet into a side yard.
(Ord. 89-210. Passed 2-6-90.)
1270.14 FENCES.
Fences and walls are permitted subject to the requirements of Chapter 1467.
(Ord. 89-210. Passed 2-6-90; Ord. 91-131. Passed 5-8-91; Ord. 91-234. Passed 11-6-91; Ord. 02-139. Passed 1-7-03; Ord. 15-11. Passed 1-20-15.)
1270.15 BUILDINGS PERMITTED ON ZONING LOT.
There shall be not more than one one-family or one two-family dwelling permitted on a zoning lot. There may be more than one multifamily building on a zoning lot. There may be one accessory building and one detached or attached garage.
No one or two-family dwelling shall be located on a lot which does not have the required frontage on a dedicated street. However, multifamily buildings (with the approval of the Planning Commission) may be arranged in groups, and each building need not directly front on a dedicated street. Improvement within these developments must conform to standards set forth in Sections 1270.06 and 1270.30.
(Ord. 89-210. Passed 2-6-90; Ord. 03-59. Passed 7-1-03; Ord. 13-124. Passed 11-6-13.)
1270.16 REQUIRED LOT AREA TO BE MAINTAINED.
A parcel of land may be subdivided into two or more parcels, in accordance with the Subdivision Regulations, provided that all lots resulting from such division shall conform to all the lot area and width regulations of the zoning district in which they are located. A lot of record which conformed to the provisions of this Zoning Code and which was owned separately from adjoining lots on the effective date of this Zoning Code or an amendment thereto which affects its conformity, shall not be reduced in any manner which would make it nonconforming.
The lot area or any part thereof required for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.
(Ord. 89-210. Passed 2-6-90.)
1270.17 LOTS OF RECORD OF INSUFFICIENT AREA.
A lot of record which does not comply with the area or width of lot regulations of the district in which it is located on the effective date of this Zoning Code or any amendment thereto which made it nonconforming, may be used as follows:
(a) If occupied by a building, such building may be maintained, repaired or altered. However, the building may not be enlarged in floor area unless the depth of front yard, total width of side yards and the rear yard regulations are complied with.
(b) If vacant, the lot may be used, provided that:
(1) No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this Zoning Code;
(2) Not owning adjoining land, other vacant land cannot be equitably acquired adjoining the lot; and
(3) All provisions of this Zoning Code, except the lot area and lot width regulations, shall be complied with. A lot of insufficient width will be allowed only if such lot is ninety percent of the lot size in area required in the district in which said lot is located.
(Ord. 89-210. Passed 2-6-90; Ord. 91-73. Passed 5-8-91.)
1270.18 LOT AREA AND WIDTH EXCEPTIONS.
Lots created after the effective date of this Zoning Code shall be increased in area in order to obtain greater depth when:
(a) A lot abuts a major street in order to obtain a greater depth of front yard;
(b) A lot abuts a railroad, an Industrial District or other noncompatible use in order to obtain a greater rear yard;
(c) A lot is located along an open ditch or land subject to flooding; and
(d) The width and area of corner lots shall be increased in order to obtain the setback required and as set forth in Section 1270.10.
(Ord. 89-210. Passed 2-6-90.)
1270.19 DWELLING UNIT AREA REQUIREMENTS.
In order to provide healthful living conditions and to preserve the character of the neighborhood, dwellings shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum areas of dwelling units.
(a) Definition of Area of a Dwelling Unit. For this purpose, the area shall be the sum of the gross floor areas above the basement level, and not more than three feet below finished grade, including those rooms (and closets) having a minimum ceiling height of seven feet, six inches and having the natural light and ventilation as required by the Building Code. Rooms above the first floor may be included if they are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of seven feet, six inches, may also be included.
The area for frame buildings shall be measured from the exterior face of the enclosing walls at the respective floor line. For brick veneer buildings, no more than four inches of exterior wall thickness may be included in the area calculation. For two-family and multifamily dwellings, where applicable, measurements will be made to the centerline of party walls. All areas within garages and porches, public halls and general storage rooms in multifamily dwellings shall be excluded in this measurement.
(b) Minimum Area of a Dwelling Unit. The minimum area of a dwelling unit shall be as established in the following schedule:
Dwelling Unit Area Requirements
Dwelling Type 1 Story (sq. ft.) 1-1/2 Story (sq. ft.) 2 Story (sq. ft.)
With Without With Without With Without
Bsmt. Bsmt. Bsmt. Bsmt. Bsmt. Bsmt.
Bsmt. Bsmt. Bsmt. Bsmt. Bsmt. Bsmt.
R1-A Classification
One-family dwelling*
One-family dwelling*
Ground floor 1250 1400 1100 1200 850 950
Total floor area 1250 1400 1250 1400 1700 1900
R1-B Classification
One-family dwelling*
One-family dwelling*
Ground floor 1250 1400 1100 1200 850 950
Total floor area 1250 1400 1250 1400 1700 1900
One-family dwelling Bi-level Tri-level split level
Ground floor area 950
Total floor area 1900 1600
Two-family dwelling
Ground floor area 1050 1150 ---- ---- 750 850
(each unit)
(each unit)
Total floor area 2100 2300 ---- ---- 1350 1450
(per bldg.) (per bldg.) (each unit) (each unit)
Townhouse (ea. unit)*
Ground floor area 1100 1200 ---- ---- 660 760
Ground floor area 1100 1200 ---- ---- 660 760
Total floor area 1100 1200 ---- ---- 1320 1420
Plex (each unit)*
Ground floor area 1100 1200 ---- ---- 660 760
Ground floor area 1100 1200 ---- ---- 660 760
Total floor area 1100 1200 ---- ---- 1320 1420
Apartment Minimum Area Per Apartment Unit (sq. ft.)**
Efficiency 500
1 bedroom unit 650
2 bedroom unit 850
*Area exclusive of all circulation space.
**Maximum of three bedrooms; for each additional bedroom unit 150 square feet of additional area must be provided.
(c) Apartment Developments. Not more than twenty-five percent of the total number of apartment units within any apartment development or apartment development area within a group development or planned unit development shall be units with three or more bedrooms.
(d) Area of Garage. Private garages required for each one and two-family, plex and townhouse dwelling unit shall be in accordance with the following schedule:
Area of Private Garage Area Per Unit (sq. ft.)*
Dwelling Type Minimum Maximum
Two-family dwelling 240 400
Townhouse 240 400
Plex 240 400
*Area exclusive of all circulation space.
(Ord. 89-210. Passed 2-6-90; Ord. 91-249. Passed 11-6-91; Ord. 22-67. Passed 5-4-22.)
1270.20 SUPPLEMENTARY HEIGHT REGULATIONS.
Main or accessory buildings shall be erected, altered, moved or maintained only in accordance with the maximum height of building regulations provided in Section 1270.04, except that chimneys and radio and television antennas, located upon and constituted as an integral part of a main residential building, may be erected above the height limit specified, but are limited to a height not exceeding sixty feet above the average finished grade, unless modified by a conditional use permit.
(Ord. 89-210. Passed 2-6-90.)
1270.21 LOCATION OF UTILITIES.
Public utility uses and distribution equipment for a public utility, if essential in a district, shall be permitted in any zoning district. However, where such public utility uses are proposed to be located across or on unplatted lands, such uses shall be subject to the issuance of conditional use permits in accordance with Section 1262.07.
The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility and public service use when the area involved is deemed appropriate for such use by the Planning Commission.
(Ord. 89-210. Passed 2-6-90.)
1270.22 ACCESS TO PROHIBITED USES.
Driveways, walks or other accessways to any use which is not permitted in a district shall be prohibited.
(Ord. 89-210. Passed 2-6-90.)
1270.23 OPEN STORAGE AND ABANDONED MOTOR VEHICLES PROHIBITED.
(a) Tractors, trailers and other equipment and supplies may be permitted on a residential lot, provided they are stored in an enclosed structure. No occupancy for human habitation shall be maintained or business conducted therein while the same is so parked or stored. The wheels or any similar transporting device shall not be removed, nor shall any such vehicle be temporarily or permanently fixed to the ground.
(b) Motor vehicles may be stored outside an enclosed structure if they are not abandoned. Nevertheless, no person shall have an abandoned motor vehicle standing or parked on private property for seven days or more unless such vehicle is stored in the garage located on the owner's, lessee's or agent's premises.
It shall be prima-facie evidence of abandonment if any of the following circumstances exist:
(1) The vehicle fails to display current lawfully required license plates and/or license tags.
(2) The vehicle has been damaged, wrecked or disassembled so as to be inoperable.
(Ord. 89-210. Passed 2-6-90.)
1270.24 CAMPING AND RECREATIONAL EQUIPMENT.
(a) As used in this Zoning Code, camping and recreational equipment is defined as follows: A vehicular-type structure primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. Allowing for engineering variations, the basic entities are: travel trailer; camping trailer; boats and boat trailers; motor homes; and truck campers.
(b) Camping and recreational equipment may be parked or stored on private residential property subject to the following conditions:
(1) At no time shall such parked or stored camping and recreational equipment be used for business or housekeeping purposes, nor shall the wheels or any similar transporting device be removed, nor shall it be permanently fixed to the ground.
(2) At no time shall permanent plumbing or electrical facilities be installed.
(3) If the camping and recreational equipment is parked or stored in the open it shall be parked or stored only in the rear yard of the property if there is usable room for such and if such an area can be reached without damage to buildings, terrain, trees or any permanent obstacle that is in the way. If front or side yard parking or storing is necessitated due to obstacles presented, camping and recreational equipment shall be permitted to be parked or stored for a period not to exceed five days within a 30 day period. Any front or side yard parking or storage exceeding five days shall require a permit to be obtained from the Building Commissioner upon such terms and conditions as established by the Building Commissioner. Park or Parking shall be defined as the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers for the purpose of convenient departure from or return to the vehicle in connection with a planned trip, outing or vacation. Storage shall be defined as the standing of a vehicle for the purpose of preserving, protecting and securing the camping and recreational equipment. Such vehicle, when stored or parked, must be five feet away from the side lot line.
(4) All recreational equipment must be kept in good repair and carry a current year's license and/or registration.
(Ord. 89-210. Passed 2-6-90; Ord. 11-71. Passed 6-21-11.)
1270.25 REMOVAL OF SOIL PROTECTION OF DRAINAGE COURSES.
Soil, sand or gravel shall not be stripped or removed in a Residential District, except excess soil, sand or gravel resulting from excavations or grading operations in connection with the construction or alteration of a building for which a permit has been issued.
No building or structure shall be erected within any area described by the Engineer as a drainage course. For the purpose of this Zoning Code, a drainage course includes any area such as drainageways, channels, streams and creeks, designated as such on geodetic or City topographic maps, and further includes any area designed or intended for use for drainage purposes as shown on a recorded subdivision.
No filling of land or excavation of land shall be permitted within a drainage course, or on any lands within 100 feet, or more than 100 feet when so designated on the Zoning Map, of the centerline of such drainage course, except upon issuance of a certificate by the Engineer that such filling will not obstruct the flow of water or otherwise reduce the water-carrying capacity of such drainage course, or affect the design and character of such drainage course.
(Ord. 89-210. Passed 2-6-90.)
1270.26 TEMPORARY BUILDINGS AND ENCLOSURES.
(a) Permitted Buildings and Uses. Temporary structures may be permitted in any Residential District if such structures are deemed necessary for construction operations relative to the dwellings and accessory buildings of the area, for which operations a building permit has been issued, provided that:
(1) Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building materials, and workshops for prefabricating building components.
(2) The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a Residential District that is being developed.
(3) The hours of operation shall be restricted to the hours between 8:00 a.m. and 6:00 p.m., excluding Sundays, and the concentration of vehicles attracted to the premises in connection with such use shall not be more hazardous than normal traffic in a Residential District that is being developed.
(4) All temporary structures shall be located at least 100 feet from the nearest occupied residential dwelling.
(5) All structures and yard storage areas are enclosed by an opaque fence.
(6) A conditional use permit for such temporary structures has been applied for and approved, along with special conditions that may be required in accordance with Section 1262.07.
(b) Removal of Structures. All temporary structures shall be removed within thirty days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.
(Ord. 89-210. Passed 2-6-90.)
1270.27 SWIMMING POOLS.
(a) For purposes of this Zoning Code, swimming pools shall be defined and classified as follows:
(1) "Swimming pool" means an open tank or other structure not located within a completely enclosed building and designed so as to contain at least three feet in depth of water at any point, including the lounging and spectator areas and any accessory buildings or structures or equipment.
(2) "Private swimming pool" means a pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.
(3) "Club swimming pool" means a pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.
(4) "Commercial swimming pool" means a pool operated for a profit and open to the public upon payment of a fee.
(Ord. 89-210. Passed 2-6-90.)
(b) Swimming pools may be permitted and located in accordance with the following:
(1) Private pools may be located in a Residential District as an accessory use to a dwelling. The pool and any accessory buildings or structures or equipment shall not be located in a front or side yard and shall be not less than fifteen feet from any lot line.
A. Any pool more than ten feet across in horizontal measurement and/or more than thirty-six inches deep shall not be considered portable and must comply with fencing requirements as set forth in paragraph B. below.
B. All fences enclosing swimming pools shall be in accordance with Chapter 1467 and Section 1482.06.
C. All fences, whether immediately around the pool or the entire yard, whether new or existing, shall be a minimum of four feet high to a six feet maximum height and shall have an effective means of denying access to the area, such as a locked gate.
D. In the case of an above-the-ground pool, the walls of the pool above ground may be used as the lower portion of the four-foot high fence requirement. The added upper portion must be of sturdy construction and shall comply with the requirements of Section 1482.06(a) of the Codified Ordinances. Some effective means must be provided to deny access to the pool when the pool is not in use or a responsible person is not in attendance. (Example: Ladders must be removed and secured elsewhere; stairs must be raised and locked in the “up” position.)
E. All pools must be at least fifteen feet away from the residence, in the rear yard, and be fifteen feet away from property lines. (A deck attached to a pool must meet the side and rear yard setback requirements of this Zoning Code for that zoning area.)
F. Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots. A compact hedge may also be required by the Planning Commission to insulate the pool from adjoining property.
(Ord. 90-119. Passed 9-4-90; Ord. 02-140. Passed 1-7-03; Ord. 15-11. Passed 1-20-15.)
(2) Club pools may be located in a Residential District if the lot on which they are located is not less than three acres in area and if access to it is provided only from a major arterial or collector street. The pool and any accessory buildings or structures or equipment shall be located not less than seventy-five feet from any adjoining residential lot line. At least one-half of an off-street parking space shall be provided for each member, located not less than twenty-five feet from any adjoining residential lot line and constructed as required in Section 1282.10. The premises or area occupied by the pool shall be fenced, and lighting fixtures designed and located, as set forth under private pools.
(3) Commercial pools may be located in any zoning district except residential, provided that all the regulations of this Zoning Code pertaining to club pools are complied with.
(c) Permits. A swimming pool permit shall be required for each private pool. A conditional use permit shall be required for each club pool in a Residential District and each commercial pool. Conditional use permits shall be renewed each year for commercial pools. A detailed site plan shall be submitted with each application for a permit. Construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by other ordinances and codes of the City. All permanent pools three feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools three feet in depth and over shall require the approval of the State Board of Health.
(Ord. 89-210. Passed 2-6-90.)
1270.28 SIGNS.
Signs in Residential Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations set forth in Chapter 1284.
(Ord. 89-210. Passed 2-6-90.)
1270.29 PARKING.
Parking in Residential Districts shall be in accordance with the regulations set forth in Chapter 1282.
(Ord. 89-210. Passed 2-6-90.)
1270.30 GROUP DEVELOPMENT; MULTIFAMILY DWELLINGS.
(a) Intent. In order to encourage greater attractiveness, flexibility and utilization of yard spaces, and to provide for the comprehensive review of group developments, a group of two or more contiguous single-family attached (townhouse or plex) dwellings, or a group of two or more apartment dwellings, may be designed and developed as a unit in accordance with this section. The provisions of this section apply to groups of apartments or single-family attached dwellings on land zoned in RM-D and SC Districts.
(b) Preliminary Plan of a Group Development Area. Subject to the requirements of this section, a developer shall submit to the Planning Commission a preliminary plan of a group development by filing ten copies thereof with the Planning Commission. The preliminary plan of a group development shall indicate the location and arrangement of all uses proposed for the group development area and shall, unless waived by the Planning Commission as not being applicable, indicate the following items:
(1) The topography, at two-foot contour intervals, of the proposed development area, including property lines, easements, street rights of way and existing structures, trees and landscape features, including a certificate, by the 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) Such other relevant information as the Planning Commission may require.
Upon receipt of a preliminary plan, the Planning Commission shall transmit a copy to the City Engineer, the City Planner, and, at the Planning Commission's discretion, the Police and Fire Departments. A copy of all covenants, restrictions and easements to be recorded and covenants for the maintenance of common areas shall be submitted to the Law Director. All parties reviewing plans and legal documents shall submit this report and recommendation in writing to the Planning Commission within thirty days after the initial submission of plans and documents. Within sixty days after a preliminary plan has been filed, the Planning Commission shall evaluate the preliminary plan and recommendations listed above, and shall make a finding that the preliminary plan complies with the regulations, standards and criteria prescribed by this Zoning Code for a group development, or a finding of any failure of such compliance, and shall act to approve, disapprove or modify such preliminary plan.
(c) Final Plan of a Group Development Area. The developer of any parcel or parcels of land for which a preliminary plan has been approved by the Planning Commission may prepare and submit a final plan of the group development area, or a phase thereof. The final plan shall contain, unless waived by the Planning Commission as not being applicable, the following items:
(1) A site plan, including the proposed public and private street system with rights of way, all easements, the use and subdivision of all land, including common and private land, and the location of each existing structure to be retained;
(2) A plat of the development area showing street rights of way, subdivided and common land, and easements, in accordance with the requirements of the Subdivision Regulations of North Royalton which shall be in a form for recording;
(3) Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination and all other site features of the development area or that portion of the development area to be developed, designed in accordance with the Subdivision Regulations and Building Codes of North Royalton;
(4) A detailed landscape plan showing all site features and finished grading for public and private lands within the development area;
(5) The final form of covenants running with the land, deed restrictions (including the use of common land), covenants, restrictions or easements to be recorded, declarations of covenants, restrictions and bylaws of a home association and its incorporation, and declaration of condominium ownership and other covenants, if any, for maintenance;
(6) The estimated project cost, including estimates for all public and private improvements;
(7) A construction schedule and land disposition program; and
(8) In the event the final plan of a development area includes the subdivision of land, any map, plat or other data required for compliance with the provisions of the Subdivision Regulations of North Royalton.
If the Planning Commission finds that the final plan is in accordance with and represents a detailed expansion of the preliminary plan previously approved, that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed, and, where applicable, all provisions of the North Royalton Subdivision Regulations have been complied with and approvals obtained from the Engineer, then the Commission shall, within sixty days after a final plan has been filed, approve such final plan. Following approval of a final plan of a group development, the Building Commissioner shall be so notified and building and other prints may be issued upon payment of required fees.
If the Planning Commission determines that the final plan is not in substantial accordance with the intent of the approved preliminary plan, the developer shall be required to either resubmit, subject to full review, a new preliminary plan, or modify and resubmit a final plan which represents a detailed expansion of the preliminary plan previously approved.
A developer, having obtained final approval of a preliminary plan of a development area, may accomplish the development in progressive stages as may be approved by the Planning Commission.
When the final plan of the development area provides for partial development of the total area for which a preliminary plan has been approved, the Planning Commission may require detailed plans for all improvements in the development area to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
(d) Permitted Main Buildings and Uses. Permitted main buildings and uses in a group development area are the same as those permitted in RM-D Zoning Districts.
(f) Townhouse Dimensions. Townhouse dimensions in a group development area shall be in accordance with Section 1270.06(g).
(g) Land Planning Criteria. The following planning criteria are hereby established to guide the design and development of a group development area. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage the imaginative arrangement of buildings, open space and landscape features, including walks, drives and parking. Although latitude in design is encouraged, the following design shall be met in a group development area.
(1) Access. Dwelling units within a group development area may be arranged in clusters. Each dwelling unit within such group or cluster shall be accessible, by means of a private cluster drive, to service emergency vehicles in a manner acceptable to the City Engineer, provided that:
A. The method of construction and construction materials for private drives meet accepted engineering practice and are approved by the City Engineer.
B. The location, design and construction of all utilities on private or "common" land are approved by the City Engineer.
C. The preservation and maintenance of all private drives and utilities on private land are assured by compliance with the requirements of Ohio R.C. Chapter 5311, and the Declaration of Condominium Ownership, including Drawings and Bylaws, are approved by the Law Director.
(2) Parking. Parking in a group development area shall be in accordance with the requirements set forth in Chapter 1282.
(Ord. 89-210. Passed 2-6-90.)
1270.31 SUPPLEMENTAL REGULATIONS FOR THE RESIDENCE/PROFESSIONAL OFFICE DISTRICT.
(a) Permitted Uses. Permitted uses in the RPO District are as follows:
(1) One-family uses;
(2) Accessory buildings and uses, including:
A. Private garages and parking areas;
B. Private gardens and recreational uses;
C. Structures, pools, fences and walls;
D. Home professional offices as regulated in Section 1270.03(b);
E. Home occupations as regulated in Section 1270.03(c);
F. Renting of rooms and/or accessory living accommodations;
G. Nameplate, bulletin board or real estate sign; and
H. Household pets as regulated in Section 1270.03(e), but excluding horses.
(3) Residence/professional offices. A residence/professional office use may be permitted in a Residence/Professional Office District, including, but not limited to, the following professions: accountant, appraiser, insurance agent, architect, lawyer, musician, physician, realtor, marriage counselor, barber, beautician, word processor, dentist, orthodontist, photographer, data processor, engineer or planner.
In addition, City Council, with the prior review of the Planning Commission, may permit any other professional use which is omparable in character to any of the above uses listed in this section, provided that such use meets all of the other regulations and conditions of this section and this Zoning Code. Each residence/professional office use shall meet the following supplemental regulations and conditions.
(b) Use.
(1) Not more than two professional businesses shall be conducted in any single residence/professional office building, and these two businesses shall be conducted wholly within the main use.
(2) There shall be only one main building per lot.
(c) Parking and Drives.
(1) The number of automobile parking spaces required and provided (excluding enclosed garage spaces) shall not exceed five automobile spaces per each 1,500 square feet of the main building. The number of vehicles attracted to the premises shall not be greater than permitted in accordance with these provisions.
(2) All driveways and parking areas shall be paved in asphalt or concrete, and paved hard-surface shall not exceed twenty percent of the total lot area. All unpaved areas not covered by buildings shall be landscaped and properly maintained.
(3) Driveways shall not exceed eighteen feet in width.
(4) No commercial vehicle or truck may be stored on the premises.
(5) There shall be no off-street parking permitted in the front yard.
(d) Lot Area.
(1) A residence/professional office use shall be permitted only on lots equal to or greater than the R1-B minimum lot area of 13,600 square feet.
(2) The maximum building ground cover shall be thirty-five percent of the lot area.
(e) Design Standards.
(1) The residential character of the dwelling exterior shall be maintained and any new construction shall be of a residential character in its exterior design, scale, materials, color, landscaping and building elements, such as doors and windows.
(2) Height of buildings shall be no greater than thirty-five feet or two and one-half stories.
(3) All buildings and site improvements shall be reviewed and approved by the Planning Commission.
(f) Performance Standards.
(1) No equipment shall be used which will create objectionable disturbances beyond the premises.
(2) No window display or signboard is to be used to advertise occupations or services. However, an identification nameplate provided for in Section 1284.07(a) may designate the permitted professional use therein.
(3) No merchandise or product is to be sold, manufactured or stored on the premises.
(4) All office activity must be conducted between the hours of 8:00 a.m. and 9:00 p.m.
(g) Conditionally Permitted Uses. Conditionally permitted uses as specified in the R1-A District shall not be allowed in the RPO District.
(Ord. 89-210. Passed 2-6-90.)
1270.32 MULTIFAMILY CLUSTER DEVELOPMENT.
(a) Purpose and Intent. In order to promote a more creative use of the land and a flexible spacing of lots and buildings that would not otherwise be possible through the strict application of the minimum requirements of the multifamily zones, multifamily cluster developments are meant to:
(1) Conserve the natural amenities of the landscape, which is in accordance with the goals set forth in the Master Plan;
(2) Provide residential areas that are both visually interesting and of high quality; and
(3) Create a functional circulation system providing ease of access for residents and service and emergency equipment.
(b) Scope and Review Procedures. Cluster developments are permissible by right in the RM-D and SC Districts. Any developer wishing to create a development under these regulations must declare his or her intent to develop a "cluster development" and therefore be subject to these regulations. Cluster developments are subject to site plan review procedures provided in Section 1248.04. Plans must be submitted in accordance with, and the cluster development will be governed by, the provisions of this chapter and other applicable provisions of this Zoning Code and the Subdivision Regulations.
(c) Permitted Uses. Buildings and land shall be used, and buildings shall be erected, moved and maintained in a multifamily cluster development, in accordance with the following:
(1) Main buildings and uses:
A. Detached cluster dwellings; and
B. Attached cluster dwellings.
(2) Accessory buildings and uses:
A. Gardens, fences, walls, pools and other recreational facilities on private or common land;
B. Private garages and off-street parking;
C. Home occupations;
D. Signs as regulated by Chapter 1284; and
E. Housing of pets as regulated by Section 1270.03(e).
(d) Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in a multifamily cluster development. The design criteria set forth in this subsection are intended to encourage creativity and variety in the arrangement of the residential units, open space and landscape features. The detached cluster dwellings may be arranged in various groups, to maximize the privacy of each unit. Open spaces are to be integrated within the development and designed in such a way as to provide aesthetic quality, forming a unified appearance of buildings and open space.
(1) Density and open space.
A. Guidelines for maximum density per acre and overall density are as follows:
Maximum density is eight units per acre;
Maximum overall density is six units per acre.
B. Required common open space. Twenty-five percent of the total area of the cluster development shall be set aside as common open space. This common open space shall be further subject to the requirements of subsection (f) hereof.
(Ord. 93-20. Passed 2-2-93.)
(2) Cluster dwelling unit arrangement.
A. Number of units. Not more than five cluster dwelling units may be physically attached via common or adjoining wall(s).
B. Cluster unit building setbacks.
1. Front yard. Main structure and side entry garages: twenty feet from the edge of paving; front entry garages: twenty-five feet from the edge of paving.
2. Rear yard. Thirty-five feet development property line (the ten-foot buffer required by Chapter 1288 may be a portion of this setback); forty feet between buildings.
3. Side yard requirements. A thirty-foot side yard is required along development property line. The ten-foot buffer required by Chapter 1288 may be a portion of this setback. The following dimensions are to be maintained between buildings:
Between two one-story dwellings - eight feet;
Between a one-story dwelling and a two-story dwelling - ten feet;
Between two two-story dwellings - twelve feet;
Between a building housing attached units and a detached dwelling - fifteen feet;
Between two buildings housing attached units - twenty feet.
Between a side wall and a rear wall - twenty-six feet.
4. Corner lots. A structure on a corner lot shall be set back twenty-two feet from the pavement edge.
(Ord. 95-97. Passed 7-18-95.)
(3) Modifications. The Planning Commission may modify the above setback requirements to require greater or lesser distances to achieve the objectives stated in subsection (a) hereof.
(4) Cluster unit criteria. Cluster dwellings shall comply with the minimum floor area requirements for "Townhouses" and "Plexes" as shown in Section 1270.19.
(5) Ingress to and egress from garages. Ingress and egress to any garage cannot interfere with the ingress and egress to another garage or parking on the site.
(e) Cluster Development Design Criteria. In addition to the requirements of subsection (d) hereof, multifamily cluster developments shall be designed, and buildings shall be located, according to the criteria established below, wherever possible.
(1) Existing natural amenities should be preserved and incorporated into the design, including existing streams, trees and other vegetation.
(2) Visual monotony created by excessive block lengths shall be avoided by integrating open space along the roads.
(3) Each dwelling unit should be designed to abut common open space areas.
(4) The area of land disturbed by development should be minimized by building roads along contours, combining utility cuts, minimizing grading and appropriately siting buildings.
(5) Finished lawn areas should be minimized to retain the natural character of the land.
(6) Unity in groups of cluster dwellings shall be created through the use of common architectural and design elements, such as color, building mass, roof lines, facade treatments, setbacks, landscaping and related features. However, these same elements shall also be used to prevent complete uniformity in design elements.
(7) Cluster units shall be designed with consideration for visual and acoustic privacy, adequate light and air, and the relationship between indoor and outdoor spaces, whether private or common.
(8) Each cluster unit should be designed to include a private outdoor space. Private outdoor space shall be located and designed to maximize its utility and privacy to the unit it serves, especially in relation to adjacent units.
(9) Visual access shall be provided for drivers backing from garages or driveways into the adjacent street. On corner lots, buildings, landscaping and appurtenances shall be situated and set back to provide unobstructed visual clearance at intersections.
(10) In addition to its other uses, landscaping shall also be used to enhance the privacy of each dwelling unit and to lessen the intrusion of appurtenances, such as transformer housings, cable pedestals, condensers, heat pumps, mailboxes and related items. Fire hydrants shall be located to be visually prominent.
(f) Common Open Space. The common open space required by paragraph (d)(1)B. hereof shall be reserved in perpetuity for such use. Open space shall be designed and appropriate instruments shall be created according to the criteria established below, wherever possible.
(1) Common open space shall be exclusive of all streets, non-recreational buildings and individually owned land.
(2) Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, pool pavilions or other recreational features.
(3) Significant natural features such as tree stands, rock outcroppings, ponds, ravines and stream channels should be left in their natural state and will be considered part of the required open space, subject to these standards.
(4) Natural understory vegetation in wooded areas should be preserved. In areas where new landscaping is provided, the establishment of lawn areas should be minimized in favor of the use of mulch, low maintenance meadow grasses and other ground covers. These practices will maintain the natural character of the land as well as reduce environmental impact and long-term maintenance costs associated with lawn areas.
(5) Storm water detention areas may be received as full credit towards the open space requirement set forth in paragraph (d)(1)B. hereof if they are designed and improved for an appropriate open space or recreation use (such as a lake or playfield) in addition to storm water detention. Storm water management facilities not specifically designed for recreation shall be excluded from the minimum open space requirement.
(Ord. 93-20. Passed 2-2-93.)
(6) The required common open space provided for in paragraph (d)(1)B. hereof, shall be exclusive of the allocation of areas for public use provided for in Section 1246.08.
(Ord. 95-98. Passed 7-18-95.)
(g) Vehicular and Pedestrian Circulation.
(1) Vehicular circulation shall provide a logical pattern for residents as well as service and emergency vehicles. The street designs should provide adequate maneuvering room for all emergency vehicles.
(2) Walking paths are required along main vehicular circulation routes within the development. They are also required to allow pedestrian access to improved recreation areas, such as pools and tennis courts. They are also required near preserved natural features.
(3) Provisions must be made for public lighting of the circulation pattern of the cluster development. This could include private lampposts in the front yard of each dwelling unit and/or an overall lighting pattern considered common to the development.
(h) Parking. Parking in a cluster development shall be in accordance with the requirements set forth in Chapter 1282, except as noted below.
(1) Two enclosed parking spaces must be provided in an attached garage, which shall be a minimum size of 400 square feet.
(2) Two off-street parking spaces must be provided on the driveway of each dwelling unit.
(3) One off-street parking space for every 300 square feet of a recreational "party center" within the cluster development shall be provided.
(4) The Planning Commission may require additional parking as deemed necessary.
(Ord. 93-20. Passed 2-2-93.)
1270.33 SINGLE-FAMILY CLUSTER DEVELOPMENT.
(a) Purpose and Intent. It is the purpose of this section to obtain a more creative and efficient use of the land and a flexible spacing of lots and buildings that would not otherwise be possible through the strict application of the minimum requirements of the R1-A and R1-B Districts. While maintaining the same overall dwelling unit densities established in the R1-A and R1-B Districts, single-family cluster developments are meant to:
(1) Conserve the natural amenities of the landscape, which is in accordance with the goals set forth in the Master Plan;
(2) Provide residential areas that are both visually interesting and of high quality;
(3) Create a functional circulation system, separating pedestrian and vehicular circulation and providing ease of access for residents, service and emergency equipment; and
(4) Provide readily accessible recreation and open space areas.
(b) Scope and Review Procedures. (EDITOR'S NOTE: Subsection (b) was repealed by Ordinance 95-215, passed January 16, 1996.)
(c) Permitted Uses. Buildings and land shall be used, and buildings shall be erected, moved and maintained, in a single-family cluster development in accordance with the following:
(1) Main buildings and uses. Detached single-family cluster dwellings.
(2) Accessory buildings and uses.
A. A development recreational facility;
B. Gardens;
C. Sectional privacy fences;
D. Walls, pools and other recreational facilities on common land; and
E. Private garages and off-street parking.
(d) Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in a single-family cluster development. The design criteria set forth in this subsection are intended to encourage creativity and variety in the arrangement of residential units, open spaces and landscape features. The detached cluster dwellings may be arranged in various groups to maximize the privacy of each unit. Open spaces are to be integrated within the development and designed in such a way as to provide aesthetic quality, forming a unified appearance of buildings and open space.
(1) Minimum development area. A single-family cluster development must have a minimum development area of ten acres. Single-family cluster developments are permitted as a part of a conventional single-family development, provided that the single-family cluster portion is ten acres.
(2) Density and open space. The maximum densities allowed in single-family cluster developments are as follows:
A. R1-A Areas. The maximum overall project density is 1.9 dwelling units per acre; the maximum density of developed area is six units per acre.
B. R1-B Areas. The maximum overall project density is 2.4 dwelling units per acre; the maximum density of developed area is seven units per acre.
(3) Required Common Open Space. A minimum fifty percent of the total area of the cluster development shall be set aside as common open space. Common open space shall be further subject to the requirements of subsection (g) hereof. A minimum 100 feet of open space shall be maintained along major arterial roads.
(4) Cluster dwelling unit building minimum setback requirements.
A. Front yard. Main structure and side entry garages: thirty feet from the edge of paving; front entry garages: forty feet from the edge of paving.
B. Rear Yard. Fifty feet development property line, fifty feet between buildings.
C. Side Yards.
1. The following dimensions are to be maintained between buildings:
a. Between two one-story dwellings - ten feet;
b. Between a one-story dwelling and a two-story dwelling - twelve feet;
c. Between two two-story dwellings - fourteen feet; and
d. Between a side wall and rear wall - thirty-five feet.
2. The side yard of a single-family cluster dwelling unit shall be fifty feet from the development property line.
D. Corner lots. A structure on a corner lot created by two local development streets shall be set back thirty feet from the pavement edge on the side street.
E. Driveways. No single-family cluster dwelling units are permitted driveway access to a major arterial street or collector street.
F. Yards for accessory uses. Accessory buildings and detached garages commonly associated with R1-A and R1-B Districts are not permissible in a cluster development. An accessory use or building such as a recreational facility, which is part of the cluster development, shall maintain a setback of fifty feet from any development roadway or side or rear property line. Parking for such a facility may be located in the side or rear yard set forth above, but only to the distance of fifty feet off of residential property lines. A recreational facility for a cluster development and its parking shall be at least 150 feet from the boundaries of the development. The Planning Commission may require additional setbacks where, in its judgment, such additional space is necessary for the good of the community surrounding such development.
G. Modifications. The Planning Commission may modify the above setback requirements to require greater distances to achieve the objectives stated in subsection (a) hereof.
(e) Cluster Unit Criteria. Cluster dwellings shall comply with the minimum floor area requirements for R1-A and R1-B Districts as shown in Section 1270.19.
(f) Cluster Development Design Criteria. In addition to the requirements of this section, single-family cluster developments shall be designed and buildings shall be located according to the criteria established in Section 1270.32(e).
(g) Common Open Space. The common open space required by paragraph (d)(3) hereof shall be reserved in perpetuity for such use. Open space shall be designed and appropriate instruments shall be created according to the criteria established in subsection (f) hereof. In addition to the requirements of subsection (f) hereof, the following shall also apply:
(1) In order to insure that all portions of the open space network are useful for such purpose, no portion of the common open space shall have a dimension of less than fifty feet in order to be counted toward the fifty percent open space requirement. Such requirement is subject to modification by the Planning Commission for smaller sections which are particularly well designed and meet the objectives of this section.
(2) Common open space shall be available and accessible to all residents of the single-family cluster development.
(h) Disposition of Common Open Space. Cluster developments shall receive approval subject to the submission, prior to final subdivision approval, of legal instruments setting forth a plan or manner of permanent care and maintenance of common open spaces and recreation facilities. Approval by the Law Director of such instruments shall be based on the following standards:
(1) The instruments shall guarantee that open space, as shown on the final development plan, shall remain as such.
(2) Common open space and recreation facilities shall be deeded to a homeowners' association. Such homeowners' association shall not dispose of any common open space or recreation facility without first offering to dedicate the same to the City. Membership in a homeowners' association shall be mandatory for all property owners within a single-family cluster development.
(3) Such instruments shall convey to the City and other appropriate governmental bodies the right of entrance to the common open space and recreational facilities for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public interest. Such government shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied as a lien against the common open space property and each property owner/member of the homeowners' association.
(4) When the single-family cluster development is improved in phases, common open space in each phase shall equal the minimum percentage required for the entire development by paragraph (d)(3) hereof. Where common open space is not provided in proportionate amounts for each phase, the Planning Commission may specify an appropriate financial guarantee in the conditional zoning certificate.
(i) Park Land and Open Space Dedication. Open space gained through clustering as required by paragraph (d)(3) hereof shall be considered separate from the open space required by Section 1246.08.
(j) Improvements. Notwithstanding anything in this Planning and Zoning Code to the contrary, utility improvements in a cluster area, if approved by the Planning Commission and the City Engineer, need not be installed in a dedicated right-of-way. In all instances where such improvements are not installed in a dedicated right-of-way, the developer shall grant temporary and/or permanent easements to the City, providing for access to the utilities by the City or other utility companies.
(k) Vehicular and Pedestrian Circulation. Vehicular circulation shall provide a logical pattern for residents as well as for service and emergency vehicles. The street design should provide adequate maneuvering room for all emergency and public safety vehicles.
(1) Except as otherwise provided in this chapter, all public improvements shall be designed and constructed according to the requirements of the Subdivision Regulations. All streets in a cluster development may be offered for dedication to the City.
(2) Single-family cluster developments are required to provide stub streets where deemed necessary by the Planning Commission in order to create an interconnecting street pattern as required by Section 1246.02.
(3) Walking paths are also required to allow pedestrian access to improved recreation areas, such as pools and tennis courts, as well as near or through open space areas.
(l) Parking. Parking in a cluster development shall be in accordance with the requirements set forth in Chapter 1282 in addition to items noted below:
(1) Two enclosed parking spaces must be provided in an attached garage, which shall be a minimum size of 400 square feet.
(2) Two off-street parking spaces must be provided on each dwelling unit's driveway.
(3) One off-street parking space for every fifty square feet of a recreational "party center" within the cluster development shall be provided.
(4) The Planning Commission may require additional parking as deemed necessary.
(Ord. 95-99. Passed 7-18-95.)
1272.01 INTENT.
A Senior Citizen District and regulations therefor are established in order to achieve, among others, the following purposes:
(a) To provide appropriate developments of dwelling facilities for persons of retirement age in locations convenient to North Royalton's social and welfare facilities, shops, public transportation and other needs of the senior citizen;
(b) To provide in such developments health, dining and recreational facilities for the comfort and convenience of the occupants;
(c) To regulate the bulk, height and spacing of buildings within the development in order to obtain proper light, air, privacy and open space for passive recreation and landscaped amenities;
(d) To protect adjacent residential properties by requiring adequate yards and screening; and
(e) To regulate the density of population within such District.
(Ord. 89-214. Passed 3-6-90; Ord. 99-168. Passed 1-18-00.)
1272.02 PERMITTED USES.
In a Senior Citizen District, as indicated on the Zoning Map which accompanies this Zoning Code and is made a part hereof, land and buildings shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, only for the following purposes:
(a) Any use or accessory use permitted and regulated in the R1-A or R1-B District; and
(b) Residential units for independent seniors, age restricted to adults 55 years old or older, without assisted living services or any of the services mandated for Senior Citizen Centers as set forth in subsection (c) hereinbelow; and
(c) A senior citizen center, which means a development or institution providing dwelling facilities for three or more persons, principally of retirement age, who may or may not be dependent upon the services of others and who are not related to the owner or operator. Such senior citizen center must include rest, nursing or other health facilities, as set forth in Ohio R.C. Chapter 3721, and may include dining, recreational and other related facilities and services.
(1) Main uses, which shall be restricted primarily for occupants and/or employees, are as follows:
A. Dwelling facilities, such as apartments, row houses and other attached multifamily or detached dwellings;
B. Elderly Care health facilities primarily for the use of the occupants;
C. Dining facilities primarily for occupants and/or employees;
D. Recreational facilities primarily for occupants; and
E. Administrative offices.
(2) Accessory uses are as follows:
A. Service and maintenance buildings;
B. Off-street parking and garages as regulated in this chapter; and
C. Related facilities and services.
(Ord. 89-214. Passed 3-6-90; Ord. 99-168. Passed 1-18-00; Ord. 14-147. Passed 2-17-15.)
1272.03 LOT AREA, WIDTH, HEIGHT AND BULK REGULATIONS.
(a) A multifamily building may be designed, constructed, altered or maintained, provided the Senior Citizen District shall have a minimum lot frontage of 100 feet, a minimum lot width at the building line of 200 feet. In addition, the total lot area shall not be less than a total of 2,178 square feet of lot area for each dwelling unit.
(b) No building shall be erected, nor shall an existing building be altered, which exceeds five stories in height.
(c) The ground floor area of all main and accessory buildings shall not exceed fifty percent of the lot area.
(Ord. 89-214. Passed 3-6-90; Ord. 99-168. Passed 1-18-00.)
1272.04 SITE PLANNING CRITERIA.
A project for this age group should be designed specially for this purpose, incorporating necessary safety and convenience features. In general, the site amenities provided should be more attractive than for multifamily projects, since the elderly people spend nearly all their time on the site. The yards and passive recreation areas should be extensive in quantity and fully landscaped. There should be a composition of small, intimate, private yard and court areas for a variety of passive activities.
Safety must be emphasized. Vehicular circulation drives shall be only at the perimeter of the project. Parking areas may penetrate into the perimeter of the site. The interior of the site shall be assigned completely to pedestrian use. Abrupt grades shall be avoided, and all changes in grades in the walk system shall be accomplished by ramps. There shall not be more than two exterior steps to any buildings used by the occupants, and all buildings of two or more stories measured from the main entrance shall be served by elevators.
(Ord. 89-214. Passed 3-6-90.Ord. 99-168. Passed 1-18-00.)
1272.05 PRELIMINARY AND FINAL SITE DEVELOPMENT PLANS.
Preliminary and final site development plans shall be required for all proposed developments in the Senior Citizen District. Plans shall be in accordance with Section 1270.30
(Ord. 89-214. Passed 3-6-90.Ord. 99-168. Passed 1-18-00.)
1272.06 YARD REGULATIONS.
(b) The minimum distance from any senior citizen building to detached garage buildings, driveways, walks and recreation areas, and from these accessory uses to lot lines, shall be determined as provided in Section 1270.12.
(Ord. 89-214. Passed 3-6-90 .Ord. 99-168. Passed 1-18-00.)
1272.07 PARKING.
Parking in the Senior Citizen District shall be in accordance with Chapter 1282.
(Ord. 89-214. Passed 3-6-90. Ord. 99-168. Passed 1-18-00.)
1272.08 LANDSCAPING; NATURAL ENVIRONMENT.
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 they are otherwise impossible to develop. Recreational facilities shall be considered part of the landscaping. The unpaved setback areas of the lot shall be landscaped in accordance with the approved paln and as required under Section 1288 buffering
(Ord. 89-214. Passed 3-6-90. Ord. 99-168. Passed 1-18-00.)
1272.09 LIGHTING.
Exterior lighting shall be provided for the safety and convenience of residents and their guests and employees, but shall not be of excessive brightness and shall be placed in such a way so as not to cause annoying glare or reflections on neighboring premises or public streets.
(Ord. 89-214. Passed 3-6-90 .Ord. 99-168. Passed 1-18-00.)
1272.10 LIVABLE FLOOR AREA.
(a) Definitions. As used in this chapter:
(1) "Livable floor area" means that portion of a building, suite of rooms or apartment, used by the occupants as and for their kitchen, dining room, bedroom, recreation room or study, including clothes closets and other similar room uses, which is in contrast to such portion as is used for a utility or furnace room, garage, general storage space or similar use. Basement rooms or spaces are excluded from this definition unless the basement has one-half of its clear story height above the grade level of the lot and is used as the first floor of the building in which it is included.
(2) "Studio efficiency" means a dwelling unit in which the living-dining area and sleeping facilities are all located within one room.
(b) Minimum Required.
(1) A dwelling facility shall have a minimum floor area of not less than that established by the U.S. Department of Housing and Urban Development for elderly care facilities.
(2) Elderly health care facilities shall be regulated pursuant to Department of Health regulations pertaining to residential care facilities, including but not limited to OAC 3701-17-64.
(Ord. 89-214. Passed 3-6-90; Ord. 99-168. Passed 1-18-00.)
1272.11 DEVOLPMENTAL VARIANCES.
The Planning Commission may, in specific cases, vary or permit developmental variances to any of the provisions of this chapter, if it finds that such variance or exception will not violate the spirit or intent of this chapter and that a more harmonious and compatible development will result.
(Ord. 89-214. Passed 3-6-90; Ord. 99-168. Passed 1-18-00.)
1272.12 PERSON OF RETIREMENT AGE DEFINED.
As used in this chapter, "person of retirement age" means an individual who is fifty-five years of age or older, unless such person falls 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 over age eighteen whose disability requires the special amenities and services of a senior citizen complex.
(Ord. 89-214. Passed 3-6-90.Ord. 99-168. Passed 1-18-00..)
1273.01 INTENT.
The purpose of Rural Residential Districts is to provide a regulatory mechanism through which development can occur with the least environmental and visual impact in accordance with the objectives of the City's adopted Master Plan. Development within Rural Residential Districts will be located in such a way as to preserve critical natural areas such as steep slopes, flood plains, streams/rivers, ponds, critical soils and wetland areas; to maintain open areas in order to preserve visual character; and to conserve a connected system of wildlife habitats. Such development, preserved critical natural areas and preserved open areas are considered integral parts of a whole, irrevocably joined through deed restriction or like device, in order to create a coordinated balance of development with preserved areas.
(a) Rural Residential Village Cluster (RR-V). Rural Residential Villages are compact areas of single-family housing surrounded by areas that remain undisturbed in order to preserve critical natural features and open areas. The development of homes and the preserved natural area around them are treated as a whole; one element cannot exist without the other. Rural Residential Villages will be structured around a common open space, the circulation system will support vehicular as well as pedestrian traffic and the Village will have discernible edges.
(b) Rural Residential Two Acre (RR-2). Rural Residential-2 allows for the development of single-family lots while still preserving an equal amount of natural area. This type of single-family development will provide an alternative to the R1-A lifestyle by ensuring the preservation of natural features within each lot as well as within the natural areas.
(c) Rural Residential Three Acre (RR-3). Rural Residential-3 allows for the development of large-lot single-family development.
(d) Minor Subdivisions. Rural Residential zoning does not apply to minor subdivisions or single lots. Minor subdivisions are not more than five lots, as defined in Section 1244.04 of this Planning and Zoning Code. R1-A zoning shall apply for minor subdivisions and single lots.
(Ord. 95-150. Passed 10-3-95; Ord. 10-166. Passed 12-21-10.)
1273.02 PERMITTED BUILDINGS AND USES.
Buildings and land shall be used, and buildings shall be erected, altered, moved or maintained, in Rural Residential Districts, only in accordance with the following:
(a) Permitted Uses. Detached one-family dwellings.
(b) Conditional Uses (With Appropriate Permit and Minimum Acreage). Commercial equestrian uses (ten acres minimum); bed and breakfast inns; plant husbandry; private sport recreation, including golf courses and country clubs; government agencies, such as fire stations and police stations; and the same conditional uses enumerated for the R1-A District in Section 1270.02(a).
(Ord. 95-150. Passed 10-3-95.)
1273.03 ACCESSORY STRUCTURES AND USES.
(a) Parking and Garage Facilities. Private and storage garages and open off-street parking areas shall be permitted on each lot in the RR-V District, and within the building envelope in the RR-2 and RR-3 Districts, as provided for in Section 1273.10, if accessory to a dwelling or if the use is considered and approved as a conditional use in accordance with the standards and regulations set forth in Section 1262.07 of this Planning and Zoning Code.
(b) Home Professional Offices. An office may be permitted in Rural Residential Districts in the home of a person practicing any of the recognized professions, including, but not limited to, an accountant, architect, artist, engineer, lawyer, musician, physician, realtor, appraiser, photographer, planner or mental health counselor, provided that:
(1) No more than one assistant, other than members of the resident family, works therein.
(2) The residential character of the dwelling exterior shall not be changed.
(3) No equipment shall be used which will create objectionable disturbances beyond the premises.
(4) The number of automobiles attracted to the premises shall not exceed five automobile spaces (excluding enclosed garage spaces) per each 1,500 square feet of the main building.
(c) Home Occupations. Gainful home occupations may be permitted in Rural Residential Districts, including dressmaking, interior decorating, arts and crafts, or any other similar home occupations, but excluding uses permitted as commercial or industrial uses, and may be conducted in the dwelling used by such person as his or her residence, provided that:
(1) No more than one assistant, other than members of the household, is employed therein.
(2) No window display or signboard is used to advertise such occupation, except that the nameplate provided for in Section 1284.07(a) may designate such occupation thereon.
(3) The occupation must be conducted wholly within the dwelling.
(4) No merchandise is sold except that which is produced on the premises.
(5) No equipment is used which will create objectionable disturbances beyond the premises.
(6) The space used for sale and production does not occupy more than twenty-five percent of the dwelling unit area.
(7) The use does not change the residential character of the dwelling exterior.
(8) The use does not require the storage of any equipment, materials or vehicles outside the main building.
(d) Renting of Rooms. The renting from a resident family, of not more than one room to not more than one person, shall be permitted.
(e) Gardens and Pets. The raising for private use of fruits, vegetables or nursery stock, and the keeping of pets, is permitted in Rural Residential Districts, provided that:
(1) Household pets shall be construed to include dogs, cats, canaries, parakeets, fish and other regular domestic animals and birds. As used herein, household pets shall not be construed to include cows, bulls, swine, sheep, goats, rabbits, fowl, snakes, bees or pigeons and other domesticated animals, or tamed wild animals or birds.
(2) Upon the issuance of a permit by the Building Commissioner, not more than ten horses, mules or donkeys (not for commercial use) per parcel of land will be permitted in the Rural Residential District. No piles or accumulations of refuse and/or manure from any animals will be permitted within 250 feet of any street or highway or within 150 feet of any dwelling. Minimum lot size for one horse is two acres and one additional acre for each horse. The grazing of horses must be confined to an area that is fenced and meets the requirements outlined in Chapter 1467.
(f) Barns and/or Stables. Any accessory building used in conjunction with the keeping of horses must be a minimum of 250 feet from any street or highway or development boundary line and 150 feet from any dwelling.
(g) Pools. Pools must be located within the building envelope as provided for in Section 1273.10, when applicable, in the RR-2 and RR-3 Districts.
(Ord. 95-150. Passed 10-3-95; Ord. 15-11. Passed 1-20-15.)
1273.04 AREA AND DENSITY REGULATIONS.
See Table 1 and Table 2 (Schedules of Area, Yard and Height Regulations) following the text of this chapter. Overall density of the development shall be limited by the Rural Residential option selected. Actual minimum lot sizes and dimensions will be determined by the physical characteristics of the parcel to be developed. A site development evaluation (SDE) will be submitted by the developer for each parcel to be developed. The SDE will analyze the impact that the critical physical characteristics enumerated in Section 1273.01 will have on potential developments. Based on these impacts, a Rural Residential option can be selected. Rural Residential Villages will be permitted only on parcels where the RR-2 or RR-3 option is not feasible. If the SDE shows that full size lots are not possible, then lot sizes may be reduced to no less than the minimum (shown in Table 2) to allow the total number of permitted lots to occupy the developable portions of the parcel.
(a) Rural Residential Village (RR-V). There shall be a maximum overall density of one lot for each one acre of development area, with a minimum development parcel of fifteen acres.
(b) Rural Residential-2 (RR-2). There shall be a maximum overall density of one lot for each two acres of development area.
(1) Grouping shall be permitted upon the approval of the Planning Commission of the group design and the submission of an SDE identifying developable lands within the parcel. Grouping shall be defined as an adjustment of lot sizes within RR-2 or RR-3 subdivisions to maintain those respective overall densities. Undevelopable lands shall be included in the larger lots. (See Figure 1 following the text of this chapter.)
(2) All subdivision preliminary plats shall show building envelopes and deed restricted lands. Any change in the proposed building envelope placement shall be subject to the review and approval of the City Engineer and the Building Department.
(3) No increase in density shall be permitted when using the grouping option.
(c) Rural Residential-3 (RR-3). There shall be a maximum overall density of one lot for each three acres of development area.
(1) Grouping shall be permitted upon the approval of the Planning Commission of the group design and the submission of an SDE identifying developable lands within the parcel. Grouping shall be defined as an adjustment of lot sizes within RR-2 or RR-3 subdivisions to maintain those respective overall densities. Undevelopable lands shall be included in the larger lots. (See Figure 1 following the text of this chapter.)
(2) All subdivision preliminary plats shall show building envelopes and deed restricted lands. Any change in the proposed building envelope placement shall be subject to the review and approval of the City Engineer and the Building Department.
(3) No increase in density shall be permitted when using the grouping option.
(Ord. 95-150. Passed 10-3-95.)
1273.05 SITE DISTURBANCE.
There shall be maximum total site disturbance of twenty-five percent of the total site area to be used for public improvements, including streets and storm water management facilities. All improvement-related disturbance shall be included in this calculation, including areas of grading and vegetation removal. Any site disturbance over twenty-five percent must be supported by the SDE and approved by the Planning Commission.
(Ord. 95-150. Passed 10-3-95.)
1273.06 DRIVEWAYS.
The appropriate use of common driveways is encouraged, and the number of driveways accessing off-site public streets shall be kept to a minimum. Where lots will access an off-site public road, common driveways shall be used where appropriate to minimize the number of curb cuts required. (See Figure 2 following the text of this chapter.)
(a) The maximum number of units to be served by a common driveway in the RR-2 and RR-3 Districts shall be four. (See Figure 3 following the text of this chapter.)
(b) Minimum common driveway width in the RR-2 and RR-3 Districts shall be twelve feet hard paved with two-foot graded and stoned shoulders or sixteen feet of stone/gravel.
(c) Paving shall be required in areas where the driveway grade is in excess of six percent.
(d) The maximum length of common driveway shall be 1,000 feet. (See Figure 3 following the text of this chapter.)
(e) All driveways in excess of 500 feet shall provide one or more ten-foot by thirty-foot turn-outs. The exact location of the turn-outs shall be determined by the Planning Commission with the review of the Fire Department. (See Figure 4 following the text of this chapter.)
All driveways shall be designed to ensure ease of fire engine and emergency vehicle access to homes.
(f) All driveway areas shall be included in the total lot disturbance calculation (when applicable) for the lot on which the driveway is located.
(g) The developer shall provide common driveway easements, including a maintenance agreement for all lots using common driveways, to be reviewed and approved by the Law Director.
(Ord. 95-150. Passed 10-3-95.)
1273.07 EXISTING STRUCTURES.
When a tract contains existing structures deemed to be of historic or architectural significance, and where these structures are suitable for rehabilitation, the structures should be retained. Adaptive re-use of existing structures for residential use or permitted accessory residential uses is permitted with necessary building permits.
(Ord. 95-150. Passed 10-3-95.)
1273.08 LIGHTING.
In the RR-2 and RR-3 Districts, street lighting shall be provided only where site-specific safety conditions warrant.
In the RR-V District, street lighting is required as an integral part of the Village streetscape design.
(Ord. 95-150. Passed 10-3-95.)
1273.09 DESIGN OF RURAL RESIDENTIAL VILLAGES (RR-V).
The Planning Commission will review the plans for construction of a Rural Residential Village. The Planning Commission's review will consist of an evaluation of the locations, bulk and general design of buildings; the relationship of buildings to each other and to yards and other open spaces; the locations and widths of streets and private access drivers (when used); and the locations of pedestrian walkways, paved areas, landscape planting, exterior lighting, signs and other exterior landscape features. Such Village plans shall be developed in accordance with the criteria set forth in the following provisions.
(a) Rural Residential Villages shall be limited in area, oriented around a defined center as well as a formal network of open green areas, and have a delineated edge.
(1) Village centers are a common open space which may be a square, green, town commons or an important street intersection with a surrounding green area. These Village centers shall be designed for use, not merely viewing.
(2) Village edges may vary in character. Edges may include natural features, such as forests, meadows, flood plains, wetlands or steep slopes. Edges can also be man-made and include such elements as rurally designed infrastructure improvements or land designated for agriculture, including farms, orchards or nurseries. Edges can also be a system of parks or a golf course. Buffering shall be required as specified in Section 1288.05 and shall be a minimum of a fifty-foot natural planting buffer which shall be maintained between an RRV and other single-family property lines.
(b) Rural Residential Villages shall allow for homes to occupy a major portion of the defined private lot. Residents of each home shall have access to open green areas as well as the town square, commons or green. The design of each home shall emphasize front porches, reduce the impact of driveways and restrict the placement of garages to the rear of the property.
(c) In general, the design of Rural Residential Villages shall emphasize the public character of the streets, the aesthetic character of the front porch, the private character of the back yard and the service nature of private access drives (when used).
(d) Rural Residential Villages shall create architectural diversity among the homes while maintaining a design theme for each Village. Design themes shall be maintained by an established homeowner's association.
(e) Rural Residential Village street networks shall be configured to create blocks of appropriate building sites and to shorten pedestrian routes. The street networks are designed to keep local traffic off arterial roads and keep through traffic off local streets. An interconnecting street pattern provides multiple routes which effectively diffuse traffic congestion.
(1) Neighborhood streets of various types should be detailed to provide equitably for pedestrian safety and for automobile movement.
(2) The design of Villages using private access drives is encouraged. Private access drives serve in a variety of capacities, including auto parking and garage access, thus creating an improved streetscape for residents.
(Ord. 95-150. Passed 10-3-95.)
1273.10 DESIGNATION OF REQUIRED BUILDING ENVELOPE IN RR-2 AND RR-3 DISTRICTS.
A building envelope shall be determined for every buildable lot in RR-2 and RR-3 Districts. The use of building envelopes is in lieu of building setback lines in order to achieve greater flexibility in house placement to protect natural features and views. The determination of the building envelope shall include the following considerations:
(a) Building envelopes should be selected that do not include the tops of ridge lines. (See Figure 5 following the text of this chapter.)
(b) Building envelopes should avoid open fields. (See Figure 5 following the text of this chapter.)
(c) Building envelopes should be located on the edges of fields and in wooded areas to minimize the visual impact of development. (See Figure 5 following the text of this chapter.)
(d) Building envelopes shall not include wetlands and flood plains.
(e) Building envelopes shall not include areas with slopes in excess of thirty-five percent. (See Figure 5 following the text of this chapter.)
(f) Septic systems, sewers, water lines, wells and driveways may be located outside building envelopes.
(g) Building envelopes shall be indicated on the subdivision sketch plan and preliminary plat. Final locations of the building envelope shall be shown on the record plat, including dimensioning to clearly define the limitations.
(Ord. 95-150. Passed 10-3-95.)
1273.11 LANDSCAPING AND FENCES IN RR-2 AND RR-3 DISTRICTS.
In RR-2 and RR-3 Districts, existing vegetation should be preserved in areas where disturbance is not necessary outside the building envelope.
(a) Lawn areas should be minimized in wooded areas.
(b) Where building envelopes are located in woodlands, a treed area of at least forty feet between the building envelope and the common drive or roadway shall be retained. (See Figure 6 following the text of this chapter.)
(Ord. 95-150. Passed 10-3-95; Ord. 15-11. Passed 1-20-15.)
1273.12 SIGNS IN RR-2 AND RR-3 DISTRICTS.
In RR-2 and RR-3 Districts, permanent on-site development identification signs are discouraged.
(a) Where the Planning Commission determines that a development identification sign is appropriate, its area shall be limited to ten square feet, its construction shall be of natural materials (i.e. wood and stone), and the base area shall be appropriately landscaped.
(b) Resident identification signs are permitted at entrances to driveways. The maximum height of resident identification signs shall be eight feet. Each individual name sign shall not be more than one square foot. (See Figure 8 following the text of this chapter.)
(Ord. 95-150. Passed 10-3-95.)
1273.13 DEED RESTRICTED LANDS.
Deed restricted lands shall be indicated on the record plat, including dimensioning, to clearly define the restricted areas.
(Ord. 95-150. Passed 10-3-95.)
TABLE 1 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS RR-V DISTRICT | ||||
Density Per Acre | Dwelling Type | Lot Area | Lot Width | |
RR-V | 1 | 1 familty | 7,000 sq. ft. | 60 ft. |
Build-To lines | Measured From | Side Setback Line | Rear Setback Line | |
RR-V | 20 ft. | ROW | 8 ft. | Garage 20 ft. |
Home 40 ft. | ||||
TABLE 2 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS RR-2 AND RR-3 DISTRICTS) | ||||||
Density Per Acre | Dwelling Type | Minimum Lot Area | Minimum Lot Width | Minimum Building Envelope | Maximum Total Lot Disturbance | |
TABLE 2 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS RR-2 AND RR-3 DISTRICTS) | ||||||
Density Per Acre | Dwelling Type | Minimum Lot Area | Minimum Lot Width | Minimum Building Envelope | Maximum Total Lot Disturbance | |
RR-2 | .5 | 1 family | 31,250 sq. ft | 125 | 20% | 40% |
RR-3 | .33 | 1 family | 45,000 sq. ft. | 150 | 15% | 30% |
Minimum Building Envelope Setback1 | Measured From | Minimum Setback of Building Envelope | Minimum Building Envelope From From Side Lot Line2 | Maximum Height Main Building Rear Lot Line3 (stories) | ||
RR-2 | 40 ft. | ROW | 20 ft. | 40 ft. | 2 | |
RR-3 | 70 ft | ROW | 30 ft. | 75 ft. | 2 | |
1 The Planning Commission may approve building envelope setbacks less than what is required here if the lesser setback will better preserve natural features and protect views.
2. Ibid.
3. Ibid.
(Ord. 95-150. Passed 10-3-95.)
FIGURES 1 THROUGH 8
1274.01 INTENT.
As used in this Zoning Code, "public facilities" means facilities classified as main and accessory buildings and uses in the schedule provided in Section 1274.02(a). Public Facilities Districts and regulations therefor are established 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 safety, convenience, comfort and welfare;
(b) To protect such public and semipublic facilities and institutions from the encroachment of certain other uses;
(c) To assure that such public and semipublic facilities shall be compatible with adjoining residential uses;
(d) To provide an environment for the proper functioning of public facilities in relation to the City's adopted land use or street plan and other plans for community facilities; and
(e) To alert the public to the location of parcels either intended or currently being used for public facilities.
(Ord. 1988-172. Passed 10-17-88; Ord. 97-60. Passed 4-15-97.)
1274.02 USE REGULATIONS.
(a) Permitted Buildings and Uses. Buildings and land shall be used in a Public Facilities District, and buildings shall be designed, erected, altered, moved or maintained in a Public Facilities District, only for uses set forth in the following schedule:
Schedule of Permitted Buildings and Uses in PF District
Main Buildings and Uses Accessory Buildings and Uses
Governmental: Municipal, County, Public parking areas, storage garages,
State and Federal buildings and uses parsonage, residence for custodian or
for administrative functions and uses guard, maintenance and heating facility,
by the general public, including post adult day care centers, child day care centers.
offices, police and fire stations and
town halls.
Civic: Art galleries, public zoos,
libraries, museums, observatories,
places for public assembly, memorials,
monuments, cemeteries, fraternal
organizations and private clubs.
Educational: Nursery, primary and
secondary public, private or parochial
schools; institutions of higher
education.
Recreational: Parks, recreation fields,
playgrounds, lakes, beaches, pools,
public gardens and golf courses.
Religious: Churches and synagogues.
(b) Wireless Telecommunications Facilities as a Conditional Use. Wireless telecommunications facilities may be permitted, provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07
and Chapter 1290
.
(c) Inpatient Healthcare Facilities as a Conditional Use. Inpatient healthcare facilities, defined as healthcare facilities in which patients are admitted and stay a minimum of 72 hours, such as, but not limited to, general and special hospitals but excluding elderly healthcare facilities, and provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07
and the following requirements:
(1) The site shall have a minimum lot size of three acres.
(2) The site shall not be located adjacent to any R1-A, R1-B, or RRZ residential zoning district.
(3) Facilities shall maintain all required licensure.
(4) The proposed number of beds sought for license shall be submitted to the Planning Commission and approved as part of the conditional use permit.
(5) Patients shall only be admitted on a voluntary basis. Involuntary admissions are prohibited.
(6) No facility shall offer outpatient services.
(Ord. 1988-172. Passed 10-17-88; Ord. 97-59. Passed 4-15-97; Ord. 01-173. Passed 11-6-02; Ord. 15-72. Passed 9-15-15; Ord. 24-50. Passed 4-16-24.)
1274.03 AREA REGULATIONS.
The parcel of land to be developed for a public facility, i.e. the above-stated main buildings and uses, 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 of the parcel, and accommodate the off-street parking and other accessory uses without impairing the character of the neighborhood or enjoyment of use of adjoining properties.
(Ord. 1988-172. Passed 10-17-88.)
1274.04 YARD REGULATIONS.
(a) Front Yards. The front yard setback shall be not less than seventy-five feet when adjacent to any Residential District or not less than the required front yard setback for any adjacent nonresidential district.
(b) Side and Rear Yards.
(1) Main buildings and uses. The yards for each public facility building shall be not less than the criteria set forth in the following schedule when adjacent to any Residential District:
Minimum Yard (ft.)*
Side* Rear*
Governmental: Administrative buildings 50 75
Civic: Non-assembly buildings 50 75
Assembly buildings 50 75
Educational: Public, private and parochial
schools 75 100
Nursery schools, adult day care centers
and child day care centers 50 100
Inpatient healthcare facilities 75 100
Recreational: Buildings 75 100
Religious: Churches and synagogues 50 75
*Or two times the height of the building, whichever is greater.
(2) Accessory uses. Driveways and parking areas serving the public facility may be located within the side or rear yard set forth in the above schedule, but driveways shall be located not less than ten feet, and parking areas and accessory buildings not less than twenty feet, from any adjacent lot line; and play areas shall not be located less than fifty feet from any adjacent boundary line of a Residential District.
(3) Yards adjacent to nonresidential districts. Side and rear yards for main and accessory buildings and uses adjacent to nonresidential districts shall be not less than the side and rear yard setbacks for that particular nonresidential district.
(Ord. 1988-172. Passed 10-17-88; Ord. 01-173. Passed 11-6-02; Ord. 15-72. Passed 9-15-15; Ord. 24-50. Passed 4-16-24.)
1274.05 HEIGHT REGULATIONS.
Public and semi-public buildings may be erected to a height not exceeding forty feet or three floors, and side and rear yard setback shall be a minimum of fifty feet, but two times the height of the building when the height of the building exceeds twenty-five feet. Further, chimneys, spires, cupolas, domes, towers, flagpoles and radio or television receiving antennas, monuments and other mechanical appurtenances, located upon or constructed as an integral part of the main building, shall not exceed a height of fifty feet.
The maximum height of radio and television transmitting towers and water towers shall be determined by the Planning Commission but shall not exceed the minimum width of the side yard, the minimum depth of the rear yard or the minimum depth of the front yard, whichever is least.
(Ord. 1988-172. Passed 10-17-88.)
1274.06 LIGHTING.
Flood lighting or other lighting of play fields, buildings, bulletin boards and parking areas shall be located and designed so as to shield the light source from adjoining residences, and except for indoor lighting within the main building, shall be extinguished between the hours of 11:00 p.m. and 7:00 a.m., unless a conditional use permit has been applied for and approved in accordance with Section 1262.07 for a longer lighting period.
(Ord. 1988-172. Passed 10-17-88.)
1274.07 SIGNS.
Signs in Public Facilities Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations set forth in Chapter 1284.
(Ord. 1988-172. Passed 10-17-88.)
1274.08 DEVELOPMENT PLANS REQUIRED.
Preliminary and final development plans of proposed public buildings and land improvements in a Public Facilities District shall be submitted, along with maps, surveys and other required information, to the Planning Commission for review, and a public hearing shall be held thereon.
(a) Plans Required. Plans for a development shall be drawn at a scale of not less than one inch = 100 feet and shall include:
(1) Surveys. Property and topography surveys performed by a registered surveyor, showing land owned and proposed for development, surrounding and adjoining streets, and the adjoining lots and their uses.
(2) Buildings. Locations, sizes, height and use of all proposed main and accessory buildings; their general design, exterior materials and color; the nearest building on adjoining lots and its use.
(3) Traffic. The proposed system of on-site vehicular and pedestrian circulation, including proposed streets, driveways and sidewalks, details for accessways to streets, methods for control of traffic and the type of pavement.
(4) Parking areas. The general layout and an estimate of the number of spaces provided, landscaping and other design features, and the type of pavement.
(5) Utilities. The location, size and grade for all utility installations and connections to present or proposed facilities.
(6) Site development. The grading plan, design of landscape yards, planting areas and fence screens adjoining residential areas; the size, location and type of all outdoor signs; exterior lighting.
(7) Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, sureties and other instruments as may be required.
(b) Submittal of Plans. A preliminary development plan designed in accordance with the planning standards, regulations and criteria established in this Zoning Code and the Subdivision Regulations of the City of North Royalton shall be submitted to the Planning Commission.
(c) Approval of Plans. After the approval of the preliminary plan, final plans shall be prepared and submitted to the Planning Commission in accordance with procedures set forth in Chapter 1262. A building permit shall not be issued until such plans are approved by the Planning Commission. In addition to the above requirements, appropriate conditions applying to particular situations may also be specified in the approval and permit, including the standards and criteria listed in Section 1274.09.
(d) Length of Approval Time. The approval of a final development plan by the Planning Commission shall become null and void if the construction of the building or site improvements is not started within a twelve-month period after the date of approval.
(Ord. 1988-172. Passed 10-17-88.)
1274.09 GENERAL CRITERIA FOR REVIEWING DEVELOPMENT PLANS.
An application for a development plan approval within a proposed public facility shall not be approved unless, after a determination, the Commission shall find that the use applied for complies with the following standards and criteria:
(a) The proposed use shall be located so as to have access only on an arterial or collector street, except that it may be located on a local street if it is found that the extent and intensity of the proposed development shall not substantially increase the volume and type of traffic movements on the local street.
(b) The proposed use is necessary to serve the neighborhood or the community at large.
(c) The dimensions of the site are sufficient to fully provide the area, yard and open space requirements, and to insulate it from the surrounding dwellings.
(d) The location, design and operation of such use shall not discourage the appropriate development or impair the value of the surrounding residential areas.
In addition to complying with the above general criteria, conditions appropriate to each particular application may also be set forth in the permit as determined by the Planning Commission.
(Ord. 1988-172. Passed 10-17-88.)
1274.10 EXTERIOR MASONRY SURFACES.
All exterior masonry surfaces of all buildings constructed in Public Facilities Districts shall be of face brick, stone or any other finished type of masonry. Common concrete block shall not be permitted, except on rear walls adjacent to rear property lines where expansion can occur, provided that the rear wall does not face residential areas, public facilities, schools, churches, etc., and that all openings, doorways and transitions are returned in brick.
(Ord. 89-211. Passed 2-6-90.)
1276.01 INTENT.
Office Building, Local Business, General Business, Motorist Service and Shopping Center Districts and their regulations are established herein in order to achieve among others, the following purposes:
(a) To provide in appropriate and convenient locations zoning districts of sufficient size for the exchange of goods and services and other business activities;
(b) To provide Office Building Districts devoted exclusively to professional services, banking and other similar financial services and the management of commercial, industrial, public and semipublic institutions;
(c) To provide Local Business Districts to serve the needs for convenience goods in proximity to the immediate neighborhood which do not attract large volumes of traffic;
(d) To provide General Business Districts which require larger land areas, which may be open in the evening and which generate large volumes of traffic serving the needs for shopping and convenience goods and services of the entire community;
(e) To provide Motorist Service Districts in proximity to the intersections of major arterial streets and freeway interchanges to serve the personal needs of the motorist and provide facilities for the servicing of vehicles;
(f) To establish criteria and procedures for planned business areas so they may be coordinated with surrounding developments;
(g) To provide Shopping Center Districts where compatible business facilities with functional relationships will be planned, organized and grouped in a unified arrangement of buildings and service facilities, all designed on a designated area of sufficient dimensions to satisfy all off-street parking demands and located along major arterial streets where the traffic generated by such development can be accommodated in a manner that the public health, welfare and safety of the surrounding area will be maintained.
(h) To protect adjacent residential neighborhoods by regulating the types and spacing of business uses, particularly at the common boundaries, which could create hazards, noise, odors or other objectionable influences; and
(i) To promote the most desirable land use and traffic patterns in the City of North Royalton.
(Ord. 1988-173. Passed 10-17-88.)
1276.02 USE REGULATIONS FOR OFFICE BUILDING DISTRICTS.
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 following uses. Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with Chapter 1286.
(a) Main Buildings and Uses Permitted.
(1) Professional, financial, governmental, public utility, executive and administrative, and sales offices, provided that only samples are displayed or stored on the lot and that no goods are distributed therefrom, except that the sale of samples or unique items not generally offered for sale in retail-type establishments, that would by their nature not create an atmosphere of a usual retail sales operation, nor the vehicular traffic associated with such sales, may be permitted, provided a conditional use permit is granted in accordance with the standards set forth in Section 1262.07; and
(2) Medical offices, including clinics.
(b) Similar Main Uses Permitted. Any other office use not listed above or in any subsequent use classification determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.
(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) Storage garages and off-street parking areas for employees and customers as required in Chapter 1282.
(2) Maintenance and storage facilities, if provided within the main building.
(3) Employee lunch rooms; restaurants, provided they do not exceed ten percent of the gross floor area of the building.
(4) Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.
(5) Pharmacies, which may be included as part of a medical building or clinic.
(6) Newsstands, salons, barber shops or other uses commonly occurring in an office building provided that the aggregate of such use does not exceed thirty percent of the leasable square footage of the building.
(7) Child day care centers, provided they do not exceed ten percent of the gross floor area of the building.
(8) Other uses which are developed integrally and are essential to the successful operation of the main use.
(Ord. 1988-173. Passed 10-17-88; Ord. 92-294. Passed 1-19-93; Ord. 14-128. Passed 12-2-14; Ord. 15- 72. Passed 9-15-15.)
1276.03 USE REGULATIONS FOR LOCAL BUSINESS DISTRICTS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Local Business Districts only for the following uses. Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with the provisions of Chapter 1286.
(a) Main Buildings and Uses Permitted.
(1) Professional, financial, governmental, medical, public utility, sales, executive and administrative office buildings and offices, practice of veterinary medicine and animal hospital (conducting wholly within an enclosed building), provided that no kennels, boarding facilities, or animals are housed on the premises, except for the medical purposes only and not to exceed to the extent medically necessary, adult day care centers and child day care centers; and
(2) Retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs to the following limited extent.
A. Retail sales.
1. The sale of baked goods, confectionery, groceries, meats, fruits, vegetables, dairy products and packaged beverages;
2. The sale and serving of all food, soft drinks, juices and ice cream and all beverages and eating places of all types, including those with dancing and live entertainment; places selling and serving alcoholic beverages, State liquor stores and drive-in establishments, if a conditional use permit is granted by the Planning Commission in accordance with the standards set forth in Section 1262.07;
3. The sale of drugs, gifts, antique and art goods, flowers, books, jewelry, pets and supplies (with the exclusion of kennels), periodicals, musical instruments and supplies (provided that no loudspeakers broadcast onto the street) and sporting and athletic goods;
4. The sale of wearing apparel, shoes and hats; variety stores; and
5. The sale of hardware, tools, paint, wallpaper, garden supplies and household appliances.
B. Services.
1. Personal services such as beauty and barber shops and interior decorating;
2. Laundry agencies and laundromats; tailor, pressing and dry cleaning shops in which only nonexplosive and nonflammable solvents are used, provided that no work shall be done on the premises for retail outlets elsewhere;
3. Repair services such as those for household appliances, shoes and hats, radios and televisions;
4. Automotive services and maintenance, excluding major repair and/or service station for sale of gas and accessories, as provided for in paragraph (a)(2)B.5. and (a)(2)B.6. hereof; and
5. Major repairs by an automotive service, provided that a conditional use permit is granted in accordance with the standards set forth in Sections 1262.07 and 1276.12. Major repairs may include, but are not limited to, spray painting; body work; clutch, transmission, axle, spring and frame repairs; and major engine overhaul.
(3) Retail sales in open yards shall be permitted to the following limited extent: garden equipment and supplies, garden furniture, nursery stock and monuments may be sold on an open lot, provided that the operation is in connection with an established related business conducted within a store building or retail greenhouse on an adjoining lot, and provided, further, that sales in open yards are not within the minimum setback line or within yards adjacent to Residential Districts as established in Section 1276.09.
(b) Similar Main Uses Permitted. Any neighborhood retail store, shop or service not listed above or in any subsequent use classification, and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.
(c) Accessory Uses Permitted. Any accessory use, such as the enclosed storage of goods or processing operations which are clearly incidental to conducting a retail business, office or service establishment which is permitted as a main use, provided that such a use has no injurious effect on adjoining districts.
Other accessory uses shall include:
(1) Accessory off-street parking and loading facilities as required in Chapter 1282; and
(2) Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.
(d) Conditional Uses Permitted. The commercial operation of nursing facilities and assisted living facilities are permitted provided that:
(1) The parcel is of sufficient size to fulfill the requirements set forth in Section 1276.07;
(2) The size of resident units complies with state licensing requirements;
(3) The maximum number of resident units in the nursing home or assisted living facility should be determined based on the minimum setback requirements and height regulations for buildings in Local Business Districts set forth in Section 1276.09 and 1276.10 respectively, provided that the Planning Commission determines there is sufficient floor area in the facility devoted to common areas such as but not limited to common dining room, laundry facilities, meeting rooms and/or lounges;
(4) The public or private open space shall not be less than 30% of the gross area of the parcel. “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;
(5) Nursing homes and assisted living facilities are designed in a manner that breaks down the mass of building(s) to avoid the appearance of an institutional use. Where this is not possible, facade treatment, exterior detailing and landscaping should be provided to relieve extensive blank surfaces;
(6) Provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07.
(Ord. 1988-173. Passed 10-17-88; Ord. 90-150. Passed 7-31-90; Ord. 10-144. Passed 1-18-11; Ord. 15- 72. Passed 9-15-15; Ord. 15-95. Passed 11-4-15; Ord. 16-112. Passed 9-6-16.)
1276.04 USE REGULATIONS FOR GENERAL BUSINESS DISTRICTS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in General Business Districts only for the following uses. Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with the provisions of Chapter 1286.
(a) Main Buildings and Uses Permitted.
(1) Offices, stores, services and other use classifications as permitted in Local Business Districts.
(2) Additional retail business stores and services conducted wholly within enclosed buildings and devoted to supplying the retail business needs of the community to the following extent:
A. Retail sales.
1. The sale of all food; frozen food lockers;
2. The sale and serving of all beverages, and eating places of all types, including those with dancing and live entertainment; places selling and serving alcoholic beverages, State liquor stores and drive-in establishments, if a conditional use permit is granted by the Planning Commission in accordance with the standards set forth in Section 1262.07;
3. The sale of all general merchandise and dry goods; variety and department stores;
4. The sale of all hardware, appliances, china, furniture, floor and wall coverings, business equipment, music, radios and televisions, provided that no loudspeakers broadcast onto the street;
5. The sale of bicycles, motorcycles, boats, outboard motors, sport and athletic equipment and pet shops;
6. Wholesale offices and show rooms, with storage limited to samples; and
7. Automotive sales and services; repair and service garages and used automotive sales lots only if accessory and immediately adjacent to buildings used for the sale of new motor vehicles.
B. Services.
1. Custom work shops for the making of articles to be sold only at retail on the premises;
2. Personal service establishments;
3. Photographic developing, blueprinting, letter printing, job and newspaper printing, radio and television stations, transmittal towers, telephone exchanges and utility distribution substations;
4. Bus passenger stations and taxi stations;
5. Amusement and recreational services, such as assembly and meeting halls, billiard halls, bowling alleys, dance halls, indoor theaters, ice and roller skating rinks, and other social, fraternal, sport or recreational establishments, provided that they are conducted within an enclosed building and are sufficiently sound insulated to confine the noise to the premises; and
6. Mortuaries.
(3) Retail sales and services in open yards shall be permitted to the following extent: automotive sales of new and used motor vehicles, provided that the operation is in connection with a new car sales agency located on an immediately adjacent lot, that all vehicles and advertising are located behind the minimum front yard setback and that the front yard is landscaped and maintained attractively, and provided, further, that applicable requirements of Section 1276.09 are met.
(b) Similar Main Uses Permitted. Any general business store, shop or service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.
(c) Accessory Uses Permitted. Any accessory use, such as the enclosed storage of goods or processing operations, which is clearly incidental to conducting a retail business, office or service establishment or other permitted main use, provided that such an accessory use has no injurious effect on adjoining Residential Districts.
(1) Accessory off-street parking and loading facilities as required in Chapter 1282.
(2) Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.
(Ord. 1988-173. Passed 10-17-88.)
(d) Conditional Uses Permitted. On parcels in the general area west of York Road, north of State Route 82 and south of Wallings Road, having frontage on York Road, office buildings only are permitted to heights of sixty-five feet, provided that the General Business zoned parcel(s) are of sufficient lot size to fulfill the requirements set forth in Section 1276.09(a) (footnotes (b) and (c)), and provided that all other building criteria required by this Zoning Code are met and provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07.
(Ord. 96-163. Passed 10-15-96; Ord. 15-95. Passed 11-4-15.)
1276.05 USE REGULATIONS FOR MOTORIST SERVICE DISTRICTS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Motorist Service Districts only for the following uses. Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with the provisions of Chapter 1286.
(a) Main Buildings and Uses Permitted.
(2) Lodging facilities, including hotel and motel accommodations for the traveling public;
(3) Eating and drinking establishments, such as restaurants, snack bars and lounges; drive-in restaurants as individual establishments or in conjunction with other uses permitted in this District; and
(4) New car and car trailer rental, provided that all applicable requirements of Section 1276.09 are met.
(b) Similar Main Uses Permitted. Any motorist service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.
(c) Accessory Uses Permitted.
(1) Off-street parking and loading facilities as required in Chapter 1282.
(2) Business, directional and project signs, subject to the regulations set forth in Chapter 1284.
(Ord. 1988-173. Passed 10-17-88.)
1276.06 USES PERMITTED ON ZONING LOTS; EFFECT ON EXISTING DWELLINGS.
In any Office Building, Local Business, General Business or Motorist Service District, a zoning lot shall be used for only similar main uses provided. However, any existing dwelling located within such Districts on the effective date of this Zoning Code may also have, as an accessory use, a residential/professional office or home occupation as provided in Sections 1270.03 and 1270.31.
(Ord. 1988-173. Passed 10-17-88.)
1276.07 AREA REGULATIONS.
In all Business Districts, buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, only in accordance with the following schedule:
Schedule of Minimum Lot Area and Width Requirements
Main Use | District | Lot Area | Lot Width (ft.) |
Main Use | District | Lot Area | Lot Width (ft.) |
Hotel and motel rental unit | Motorist Service | 1,000 sq. ft. | 250 |
Automotive sales | General Business | 2 acres | 200 |
Service station | Local Business | ||
(interior lot) | 32,500 sq. ft. | 150 | |
(corner lot) | 40,000 sq. ft. | 200 | |
Service station | Motorist Service | 1 acre | 200 |
Car washes | Local Business, General Business and Motorist Service | 32,500 sq. ft. | 150 |
Bus garage | Motorist Service | 4 acres | 250 |
Mortuary | General Business | 1 acre | 100 |
Restaurant | Motorist Service | 1 acre | 100 |
Office building | Office Building | 1 acre | 100 |
All other retail uses | Local Business, General Business and Motorist Service | 20,000 sq. ft. | 100 |
Nursing facilities and assisted living facilities | Local Business | 2 acres | 200 |
(Ord. 1988-173. Passed 10-17-88; Ord. 16-112. Passed 9-6-16.)
1276.08 PARKING FACILITIES ON LOT OTHER THAN ONE OCCUPIED BY MAIN BUILDING.
Whenever required accessory off-street parking facilities are proposed to be located on a parcel other than the one occupied by the main building served, the Planning Commission may require a copy of the agreements covering such an arrangement as set forth in Section 1282.07.
(Ord. 1988-173. Passed 10-17-88.)
1276.09 YARD REGULATIONS.
In all Business Districts, buildings and land shall abut a dedicated street for the required lot width, and shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, only in accordance with the following schedule of regulations:
(a) Schedule of Yards and Setbacks for Business Uses. In Business Districts, yard and setback dimensions shall be not less than those set forth in the following schedule.
SCHEDULE OF MINIMUM YARD AND SETBACK DIMENSIONS
Dist. | Main & Accessory Building & Use | Front Yard Setbacks (Distance from street right of way) (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) | ||
Abutting Res. Dist. | Abutting Nonres. Dist. | Abutting Res. Dist. | Abutting Nonres. Dist. | |||
Dist. | Main & Accessory Building & Use | Front Yard Setbacks (Distance from street right of way) (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) | ||
Abutting Res. Dist. | Abutting Nonres. Dist. | Abutting Res. Dist. | Abutting Nonres. Dist. | |||
Office Bldg. | Office | 75 | 40(a) | None or min. 10 ft. between bldgs. | 40(a) | 20 |
Parking areas & drives | 25 | 20 | 5 | 20 | 5 | |
Local Bus. | Offices, stores and services | 60 | 40(a) | None or min. 10 ft. between bldgs. | 40(a) | 20 |
Sales in open yards | Not allowed | Not allowed | - - - | Not allowed | - - - | |
Parking areas & drives | 20 | 20 | 5 | 20 | 5 | |
Nursing facilities and assisted living facilities | 60 | 40 | 10 | 40 | 20 | |
Gen. Bus. | Offices, stores, services, amusement & recreation | 60 | 50(a), (c) | None or min. 10 ft. between bldgs. (b) | 50(a), (c) | 20(b) |
Mortuaries | 60 | 50(a) | 15 | 50(a) | 15 | |
Sales in open yards | Not allowed | Not allowed | - - - | Not allowed | - - - | |
Parking areas & drives | 20 | 20 | 5 | 20 | 5 | |
Motoris t Serv. | Service stations, motels & restaurants | 75 | 50(a) | 25 | 50(a) | 25 |
Parking areas & drives | 25 | 20 | 10 | 20 | 10
| |
(a) Or two times the building height, whichever is greater.
(b) Or two times the building height, whichever is greater, when approved by a conditional use permit for office structures only in the General Business District, as provided for in Section 1276.04(d).
(c) Or three times the building height, whichever is greater, when approved by a conditional use permit for office structures only in the General Business District, as provided for in Section 1276.04(d).
(b) Supplementary Yard Regulations. Yards may be used for off-street parking, loading, traffic circulation, illumination, landscaping and signs as regulated in other sections of this Zoning Code.
(1) Front yards. For buildings and uses, front yard setbacks shall not be less than as established in the schedule set forth in subsection (a) hereof, and no structure shall be erected in front of such a front yard setback line unless specifically modified in supplementary regulations. The front yard shall not be used for any purpose except for off-street parking, signs, landscaping or access drives.
A. Wherever parking areas are proposed in front yards, the Planning Commission may require, as a condition of approval, that a front yard depth greater than that set forth above is deemed proper to relate the proposed structures to surrounding developments. Where parking is permitted in front yards, a concrete curb or precast barrier shall be erected along the parking area, and the front yard between such line and the public right of way shall be a minimum of twenty feet, landscaped and maintained attractively. The open air parking or storage of vehicles for sale or rent shall not be permitted within the minimum front yard setback.
B. Service station buildings shall be located not less than seventy-five feet from the nearest street right-of-way line, and shall be separated from said line by a fifteen-foot landscaped area. However, gasoline pumps, if constructed and operated as a part of a service station or garage, may be erected in front of the established building line, but not less than thirty-five feet from the front lot line. All driveways, platforms and curbs of the service stations, whether located on a City street, County road or State highway, shall be designed in accordance with the latest revision of the Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways Under State Jurisdiction in Ohio, adopted by the Ohio Department of Transportation.
C. Along Royalton Road, the minimum setback for all Business Districts shall be 100 feet for buildings and fifty feet for parking, as measured from the centerline of the street, or as provided in the schedule set forth in subsection (a) hereof, whichever is greater.
(2) Side yards generally. Whenever two business buildings are located adjacent to each other and have one or more party walls and a common roof with one or more similar buildings, but are individually owned, there shall be no side yards required. Individual business buildings shall be separated not less than ten feet from the nearest business building.
(3) Side yards on corner lots. Whenever a business 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. However, a service station building on a corner lot shall be set back not less than seventy-five feet from the side street right-of-way line.
(4) Yard screening and landscaping. Wherever a business building is located, a side or rear yard of not less than the dimensions set forth on the schedule provided in subsection (a) hereof shall be provided on the business lot. In addition, the Planning Commission may require a wall or solid fence of five to seven feet in height placed at least ten feet inside the Business District boundary line to reduce the visual encroachment of business buildings, signs and activity and to shield adjacent areas from parking lot illumination, headlights, fumes, heat, blowing papers and dust. The area between such wall or fence and the property line shall be planted with a screen of evergreen and deciduous trees or shrubs to create a year-round visual barrier. All areas not covered by buildings or pavement shall be landscaped.
The Planning Commission may waive the requirement for a wall or fence if equivalent screening is provided by existing or planned parks, parkways or recreation areas or by topography or other natural conditions. All areas required to be landscaped shall be planted within six months from the date of issuance of a certificate of occupancy and thereafter shall be reasonably maintained. All landscaping plans shall be submitted to the Planning Commission for review and approval and shall be prepared in accordance with Chapter 1288.
(5) Parking setback from buildings. In all Business Districts, a five-foot parking setback from any office or commercial building shall be required.
(Ord. 1988-173. Passed 10-17-88; Ord. 96-164. Passed 10-15-96; Ord. 16-112. Passed 9-6-16.)
1276.10 HEIGHT REGULATIONS.
The height of any main or accessory building in any Local Business District or Motorist Service District shall not exceed thirty feet. Further, the height of any main or accessory building located in any Office Building District or General Business District shall not exceed thirty feet where adjoining a Residential District; and the same shall not exceed fifty feet where adjoining a nonresidential district. As used in this section, "adjoining" means having a side lot line or a side and rear lot line in common, but not where only rear lot lines adjoin.
All dormers, stairwells, elevator shafts, air conditioning units or other similar structures or equipment extending above the roof line of a building shall be provided with a solid cover, with a design conforming to the architectural style and materials of the building, and shall extend no more than ten feet above the height of the building.
(Ord. 1988-173. Passed 10-17-88.)
1276.11 ACCESS REGULATIONS FOR MOTORIST SERVICE DISTRICTS.
In a Motorist Service District, no access street or driveway shall be located less than 600 feet from the intersection of any freeway ramp, except that access to an existing residential use may be continued for the duration of such use.
Access driveways shall be spaced not less than 100 feet on center. Whenever possible, an access driveway not more than eighteen feet wide shall be located along the side lot line to allow the joint development of an access driveway a maximum of thirty-six feet wide when two adjoining lots are developed.
The apron portion of access driveways shall be defined by a poured concrete or bituminous concrete curb with a minimum twenty-foot radius. Such curb shall be continued or another suitable barrier shall be provided along the arterial street frontage between access points to prohibit unchanneled vehicular ingress or egress.
(Ord. 1988-173. Passed 10-17-88.)
1276.12 SUPPLEMENTARY REGULATIONS FOR AUTOMOTIVE SERVICE STATIONS.
Notwithstanding any of the provisions of this chapter, any individual, company or corporation intending to establish an automotive service station shall submit to the Planning Commission the following information:
(a) A market analysis which shall appraise the existing and projected buying power for goods and services as related to the proposed service station; and
(b) Data on existing and projected traffic volumes and patterns in proximity to the proposed station.
(Ord. 1988-173. Passed 10-17-88.)
1276.13 BUSINESS AREA DESIGN PLANS.
In order to supplement the regulations and criteria of this Zoning Code, the Planning Commission may prepare area plans for the construction, completion or rehabilitation of any business area or for coordinating the proposed development with surrounding areas. Such designs may include, but are not limited to, the Planning Commission's recommendations on the use, location, bulk and general design of buildings; the relationship of buildings to each other and to yards and other open spaces; the location and width of streets and pavements; the location, width and control of accessways to major streets and to parking and loading areas; pedestrian ways, paved areas, landscaped planting, exterior lighting, signs, street furniture and other exterior and landscape features.
Such area plans shall be developed in accordance with the criteria set forth in this chapter and any other applicable provisions of this Zoning Code. After such plans are duly adopted by the Planning Commission and Council, they shall be construed as being a part of this Zoning Code, and any new construction, additions to or rebuilding of such a business area, or parts thereof, shall be in substantial compliance therewith.
(Ord. 1988-173. Passed 10-17-88.)
1276.14 DEVELOPMENT PLANS FOR OFFICE BUILDING DISTRICTS, LOCAL AND GENERAL BUSINESS DISTRICTS AND MOTORIST SERVICE DISTRICTS.
Site development plans shall be prepared by the developer for all proposed developments in any Office Building, Local Business, General Business or Motorist Service District, which plans shall be submitted to the Planning Commission for review and approval.
If the site development plan is found by the Commission to be in compliance with the requirements of the applicable district and all other applicable provisions of this Zoning Code, the Commission shall approve such development plan within forty days from the date of the meeting when all required plans and data have been received. If such plan is not found to be in compliance with the foregoing, the Planning Commission may recommend revisions to be made by the developer.
After Planning Commission approval, the developer may apply for a building permit which shall be issued by the Building Inspector if the building plans are found to comply with the Building Code of the City.
(Ord. 1988-173. Passed 10-17-88.)
1276.15 SIGNS IN OFFICE BUILDING, LOCAL BUSINESS, GENERAL BUSINESS AND MOTORIST SERVICE DISTRICTS.
Signs in Office Building, Local Business, General Business and Motorist Service Districts shall be designed, erected, altered, moved or maintained, in whole or in part, in accordance with Chapter 1284.
(Ord. 1988-173. Passed 10-17-88.)
1276.16 PARKING.
Parking in any Business District shall be in accordance with Chapter 1282.
(Ord. 1988-173. Passed 10-17-88.)
1276.17 USE REGULATIONS FOR SHOPPING CENTER DISTRICTS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Shopping Center Districts only for the following uses.
(a) Main Buildings and Uses Permitted. Offices, stores, services and other use classifications as permitted in General Business Districts, except dwellings, drive-in eating establishments, repair and service garages, auto dealerships, transmittal towers, telephone exchanges, transformer stations, bus passenger stations and sales in open yards.
(b) Similar Main Uses Permitted. Any general business store, shop or service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.
(c) Accessory Uses Permitted. Any accessory use, such as the enclosed storage of goods or processing operations, which is clearly incidental to conducting a retail business, office or service establishment or other permitted main use, provided that such an accessory use is compatible with contiguous office, retail and service establishments.
(1) Accessory off-street parking and loading facilities as required in Chapter 1282.
(2) Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.
(Ord. 1988-173. Passed 10-17-88.)
1276.18 AREA REGULATIONS FOR SHOPPING CENTER DISTRICTS.
The minimum lot area in Shopping Center Districts shall be as follows:
(a) Neighborhood Shopping Center. Five acres.
(b) Community Shopping Center. Twenty acres.
(Ord. 1988-173. Passed 10-17-88.)
1276.19 LAND COVERAGE FOR SHOPPING CENTER DISTRICTS.
In Shopping Center Districts, notwithstanding any other provisions of this Zoning Code, the land area occupied by main and accessory buildings shall not be more than twenty-five percent of the total area of the parcel being developed.
(Ord. 1988-173. Passed 10-17-88.)
1276.20 MINIMUM YARD AND SETBACK DIMENSIONS FOR SHOPPING CENTER DISTRICTS.
In Shopping Center Districts, minimum yard and setback dimensions for main and accessory building use shall be as follows:
(a) Offices, Stores, Services, Amusement and Recreation.
(1) Front yard setback from the right of way. 150 feet
(2) Side yard setback.
A. Abutting a Residential District. 100 feet
B. Abutting a nonresidential district. 50 feet
(3) Rear yard setback.
A. Abutting a Residential District. 100 feet
B. Abutting a nonresidential district. 50 feet
(b) Minimum Landscaped Area. The land area to be occupied by a shopping center shall have a minimum of ten percent of the area devoted to landscaping.
(c) Parking Areas.
(1) Front yard setback (from the right of way). 25 feet*
(2) Side yard setback
A. Abutting a Residential District. 30 feet
B. Abutting a nonresidential district. 10 feet
(3) Rear yard setback.
A. Abutting a Residential District. 30 feet
B. Abutting a nonresidential district. 10 feet
*Except along Royalton Road, where the setback shall be fifty feet.
(Ord. 1988-173. Passed 10-17-88.)
1276.21 HEIGHT REGULATIONS FOR SHOPPING CENTER DISTRICTS.
The maximum height in any shopping center shall be fifty feet.
(Ord. 1988-173. Passed 10-17-88.)
1276.22 SHOPPING CENTER DEVELOPMENT PLANS REQUIRED.
(a) A Shopping Center District may be established upon a tract of land in a single ownership or under unified control, provided that a sketch development plan for a planned business center has been prepared, submitted and approved in accordance with the regulations, procedures and requirements of this chapter.
(b) Any developer may submit development plans for neighborhood and community shopping centers in accordance with the provisions of this chapter and other applicable provisions of this Zoning Code.
(c) As used in this section:
(1) "Neighborhood shopping center" means a shopping center ranging in size from 20,000 to 100,000 square feet of building floor area and having a supermarket-type food store or super drug store as the leading tenant.
(2) "Community shopping center" means a shopping center ranging in size from 100,000 to 400,000 square feet of building floor area and having a department store as the leading tenant.
(Ord. 1988-173. Passed 10-17-88.)
1276.23 SUBMISSION OF APPLICATIONS FOR SHOPPING CENTER DEVELOPMENTS.
A developer shall submit to the Planning Commission a sketch development plan of the shopping center with supporting data, including, but not limited to, a market analysis, financial report, time schedule, traffic study and substantiation of ownership, all of which shall be prepared by qualified professional persons.
The sketch development plan and supporting data shall include the following:
(a) A sketch development plan, designed in accordance with the planning standards, regulations and criteria established in this Zoning Code and the City Subdivision Regulations, which shall show a unified and organized arrangement of buildings, off-street parking, internal pedestrian and vehicular circulation and service facilities;
(b) Market analysis, which shall include:
(1) Identification of the trade area of the proposed shopping center;
(2) Trade area population, present and future; and
(3) The net buying power of potential customers for stores in the proposed shopping center;
(c) A financial report to satisfy the Planning Commission as to the financial responsibility of the proponent to carry the proposal to completion in full compliance with this chapter, which report shall include:
(1) The source of construction funds;
(2) Names of persons who have a financial interest in the shopping center; and
(3) Information on leasing arrangements and terms;
(d) A traffic study, which shall include an estimate of traffic volume to be generated by the development and the assignment of traffic to proposed entrances and exits; and
(e) Substantiation of ownership, which shall include a certification of a title company that the record owners of the property, as represented on the application for shopping center development, are correct.
(Ord. 1988-173. Passed 10-17-88.)
1276.24 REFERRAL OF SHOPPING CENTER DEVELOPMENT PLANS FOR REVIEW; REPORTS.
(a) Submission to City Planner and City Engineer. Upon receipt of a sketch development plan with supporting data for the development of a shopping center, the Secretary of the Planning Commission shall transmit a copy to the City Planner and City Engineer for their review, report and recommendation. The Planner and/or the Engineer shall, within thirty days from the date of receiving a sketch development plan and supporting data, provide and furnish to the Planning Commission his, her or their report.
(b) Report to Council. Within sixty days after a sketch development plan has been filed with the Secretary of the Planning Commission, the Commission shall evaluate the plan and the report of the City Planner and/or Engineer and shall furnish to Council its detailed report and recommendations with respect thereto. The report of the Planning Commission shall include either a finding that the sketch development plan and supporting data comply with the regulations, standards and criteria that are prescribed by this Zoning Code for planned shopping centers and that are applicable to the proposal, or a finding of any failure of such compliance. Such report shall further include the Commission's action as to whether the sketch development plan is approved, disapproved or modified. If in any such evaluation the Planning Commission finds that any regulations, standards or criteria prescribed by this Zoning Code are inapplicable because of unusual conditions related to the shopping center or the nature and quality of the proposed design, the Commission 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 City.
(c) Action by Council. Council, at no later than its next regular meeting following receipt of the Planning Commission report, shall set a date for a public hearing on the shopping center proposal in accordance with the provisions of Section 1266.04.
Following the completion of such public hearing, Council shall then proceed to act upon the sketch development plan.
(Ord. 1988-173. Passed 10-17-88.)
1276.25 AUTHORITY TO PROCEED WITH PRELIMINARY DEVELOPMENT PLANS FOR SHOPPING CENTERS.
Following affirmative action by Council, the Secretary of the Planning Commission shall notify the developer of such action and shall authorize him or her to proceed with the preparation of a preliminary development plan of the shopping center.
(a) Contents of Plan. The preliminary development plan shall contain the following:
(1) The location, orientation and exterior dimensions of all main and accessory buildings;
(2) The location and dimensions of vehicular and service entrances, exits and drives;
(3) The location, arrangement and dimensions of automobile parking space, width of aisles, width of bays and angle of parking;
(4) The location, arrangement and dimensions of truck loading and unloading spaces and docks;
(5) The location and dimensions of pedestrian entrances, exits, walks and walkways;
(6) The topography and general drainage system;
(7) The location and dimensions of all walls and fences;
(8) The location, size, height, orientation and design of all free-standing signs;
(9) The location of all buildings, streets and other topographical features within 500 feet of the proposed shopping center boundary; and
(10) The location, dimensions and arrangement of the area to be devoted to planted lawns, trees or any other purpose.
(b) Action by Planning Commission. Within not more than forty days from the date on which the preliminary development plan is filed with the Secretary of the Planning Commission, the Commission shall review, approve or disapprove such plan, in writing, stating, in the case of disapproval, the reasons for such disapproval, and in all cases giving due notice to the applicants. In the case of disapproval, the applicant may submit to the Planning Commission an amended plan, which shall include those changes which were necessary to accomplish compliance with the conditions for approval stated by the Commission.
(Ord. 1988-173. Passed 10-17-88.)
1276.26 FINAL DEVELOPMENT PLANS FOR SHOPPING CENTER DISTRICTS.
Within not more than one calendar year from the effective date of a City ordinance designating an area as a Shopping Center District, a complete final development plan covering the entire District shall be prepared by the developer and filed with the Secretary of the Planning Commission. The final development plan shall be a refined version of the preliminary development plan and shall incorporate all conditions stipulated by the Planning Commission in its approval of the preliminary development plan.
Within not more than forty days from the date on which the final development plan is filed with the Secretary, the Planning Commission shall review, approve or disapprove such plan. If the Planning Commission finds that a proposed final development plan of a shopping center is in substantial compliance with, and represents a detailed expansion of, the preliminary development plan heretofore approved, that it complies with all of the conditions which may have been imposed in the approval of the preliminary development plan, that it is in accordance with the design criteria and provisions of this Zoning Code which apply particularly to any plan of a Shopping Center District, and that all applicable provisions of the City Subdivision Regulations have been complied with, the Planning Commission shall then approve such final development plan.
(Ord. 1988-173. Passed 10-17-88.)
1276.27 ISSUANCE OF BUILDING AND OTHER PERMITS FOR SHOPPING CENTER DEVELOPMENT.
Following the approval of a shopping center, the Building Commissioner shall be so notified and building and other permits may be issued upon payment of the required fees.
(Ord. 1988-173. Passed 10-17-88.)
1276.28 AMENDMENTS TO FINAL DEVELOPMENT PLANS FOR SHOPPING CENTERS.
If the developer of a planned shopping center in any Shopping Center District wishes to make any change, alteration, amendment or extension to any approved final development plan, he or she shall submit such request to the Planning Commission. If, in the opinion of the Commission, the requested change is in substantial compliance with the final development plan, the Commission shall approve such change and notify the Building Commissioner, who shall issue a building permit therefor accordingly.
(Ord. 1988-173. Passed 10-17-88.)
1276.29 PROGRESSIVE DEVELOPMENT FOR SHOPPING CENTERS.
A developer, having obtained approval of any final development plan of a shopping center, may accomplish the development in progressive stages as may be approved by the Planning Commission.
If the development of a shopping center is to be carried out in progressive stages, each stage shall be so planned that the requirements of this chapter and the intent of this Zoning Code shall be fully complied with at the completion of any stage. Each stage of development shall be reviewed and approved by the Planning Commission before a building permit can be issued.
(Ord. 1988-173. Passed 10-17-88.)
1276.30 START OF CONSTRUCTION FOR SHOPPING CENTER DEVELOPMENTS.
A building permit shall be secured and construction begun in accordance with the approved final development plan for a Shopping Center District within twelve months from the effective date of the ordinance establishing such District. Application may be made by the developer to the Planning Commission for not more than a six-month extension of the time limit for commencement of construction. In the event that construction is not started within the specified time limits, the Planning Commission shall review the zoning and the progress which has taken place and, if deemed necessary, initiate proceedings to reclassify the property to an appropriate zoning classification.
(Ord. 1988-173. Passed 10-17-88.)
1276.31 PERFORMANCE BOND FOR PUBLIC IMPROVEMENTS IN SHOPPING CENTER DISTRICTS.
A performance bond shall be required guaranteeing the completion of all public improvements required by the City in Shopping Center Districts before a building permit may be issued. The scope of such improvements and the amount of such bond shall be determined by the City Engineer.
(Ord. 1988-173. Passed 10-17-88.)
1276.32 SIGNS IN SHOPPING CENTER DISTRICTS.
Signs in a Shopping Center District shall be designed, erected, altered, moved or maintained in whole or in part, in accordance with Chapter 1284.
(Ord. 1988-173. Passed 10-17-88.)
1276.33 PARKING IN SHOPPING CENTER DISTRICTS.
Parking in a Shopping Center District shall be in accordance with the regulations set forth in Chapter 1282.
(Ord. 1988-173. Passed 10-17-88.)
1276.34 EXTERIOR MASONRY SURFACES.
All exterior masonry surfaces on buildings constructed in any Business District shall be of face brick, stone or other finished type of masonry. Common concrete block shall not be permitted except on rear walls adjacent to rear property lines where expansion can occur, provided that the rear wall does not face residential areas, public facilities, schools, churches, etc., and that all openings, doorways and transitions are returned in brick.
(Ord. 89-212. Passed 2-6-90.)
1278.01 INTENT.
Research-Office, Commercial Service and General Industrial Districts and their regulations are established herein in order to achieve, among others, the following purposes:
(a) To provide, in appropriate and convenient districts, sufficient areas for carrying on research, providing commercial services and manufacturing and distributing goods to serve the community, in order to promote employment and to strengthen the economy of the community;
(b) To provide Research-Office Districts in appropriate and convenient locations to meet the needs of the City's expected future economy for all types of research and related types of production processes on spacious sites within well-designed buildings aesthetically grouped to create a campus-like atmosphere;
(c) To provide Commercial Service Districts in appropriate and convenient areas for business, contracting, distribution services, and related types of minor production processes, primarily for businesses which serve other businesses or those which serve infrequent shopping needs;
(d) To provide General Industrial Districts for those products and processes which normally require a large amount of motor vehicles, trucking and rail service for transportation of raw materials and finished products, but in which dust, smoke, fumes, glare, odors or other objectionable influences can be controlled;
(e) To improve the general environment by prohibiting dwellings, institutions, storage establishments, and public facilities in the Industrial Districts, and, by so doing, to make land more readily available for industry;
(f) To protect adjacent Residential Districts by restricting the types of manufacturing uses in the surrounding areas to only those not creating objectionable influences beyond their district boundaries and by separating and insulating them from the most intense manufacturing activities through the provision of landscaped buffer areas; and
(g) To protect manufacturing and related development against congestion insofar as is possible and appropriate in each area by limiting the bulk of buildings in relation to the land and by providing off-street parking and loading facilities.
(h) To provide for application review guidelines for adult entertainment businesses, sexually oriented business establishments.
(Ord. 1988-174. Passed 10-17-88; Ord. 98-96. Passed 7-21-98; Ord. 03-89. Passed 10-21-03.)
1278.02 USE REGULATIONS FOR RESEARCH-OFFICE DISTRICTS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in a Research-Office District only for the following uses and only if all uses are conducted wholly within enclosed buildings.
(a) Main Uses Permitted.
(1) Office uses as permitted in Office Building Districts.
(2) Laboratories for experimental research and testing and all types of basic and applied research of product design and development, including, but not limited to, the construction and operation of small scale experimental and pilot plant operations.
(3) Production operations, if ancillary to a permitted experimental research and testing facility and only as an incidental component operation, and not as a single operation, in the production and/or assembly of products which have a high value in relation to bulk, such as:
A. Electrical and electronic equipment; motors;
B. Electrical appliances; lamps, fixtures and clocks;
C. Hardware, cutlery and kitchen utensils;
D. Musical and scientific instruments;
E. Medical, orthopedic and photographic instruments and equipment;
F. Sporting goods, athletic equipment and toys;
G. Clothing and other textile products;
H. Pharmaceutical products; compounding of cosmetics, drugs and toiletries;
I. Plastics; extrusion, molding and fabricating of panels, sheets, tubes and rods; and
J. Printing, publishing and engraving.
(4) Hotels.
(5) Single family cluster developments, to a maximum overall density of 2.4 units per acre and otherwise pursuant to the requirements of Section 1270.33 shall be the only uses permitted in the portion of a Research Office District that is within 500 feet of the rear lot lines of the lots, existing at the time of the adoption of this amendment, that have frontage on the south side of Woodridge Drive.
(b) Similar Main Uses Permitted. Any other office, research and ancillary production use not listed above or in any use classification of a subsequent district and determined as similar by the Planning Commission according to standards set forth in Section 1262.08.
(c) Accessory Uses Permitted.
(1) Storage of materials and products produced in this District within enclosed buildings, only if clearly accessory to the main use, and the enclosed storage and distribution of products produced in this District.
(2) Industrial, project, real estate, identification and directional signs, and nameplates, as set forth in Chapter 1284.
(3) Off-street parking and loading facilities as required and set forth in Chapter 1282.
(Ord. 1988-174. Passed 10-17-88.)
(d) Conditional Uses Permitted. On parcels in the general area defined as north of State Route 82, south of Wallings Road, and having frontage on the east side of York Road, office buildings only are permitted to heights of 65 feet, provided that the Research-Office zoned parcel(s) are of sufficient lot size to fulfill the requirements set forth in Section 1278.06 (footnotes (e) and (f)), and provided that all other building criteria required by this Zoning Code are met and provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07.
(Ord. 96-161. Passed 10-15-96; Ord. 98-84. Passed 7-21-98; Ord. 04-168. Passed 10-13-04.)
1278.03 USE REGULATIONS FOR COMMERCIAL SERVICE DISTRICTS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved and maintained, in whole or in part, in a Commercial Service District only for the following uses:
(a) Main Uses Permitted. General services and sales, if conducted wholly within enclosed buildings, and to the following extent:
(1) Cleaning establishments, such as laundries, dyeing, dry cleaning, carpet cleaning, towel supply and auto wash establishments;
(2) Establishments for food and drink preparation for consumption on- or off-premises, such as restaurants, cafés, diners, catering, bakeries, canning, freezing, refrigeration, roasting, ice manufacturing, bottling works and creameries, not including bars, taverns or similar establishments.
(3) Repair establishments for automobile engines and electrical and household appliances;
(4) Repair and sale of buses, trucks and machinery;
(5) Shops and offices of carpentry, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, ornamental iron, roofing and sheet metal contractors; packing and crating; monument works; and offices for manufactured products;
(6) Sale of new lumber and other building materials, public utility materials and equipment;
(7) Veterinarian's office, animal hospitals and kennels; and
(8) Commercial greenhouses.
(b) Similar Main Uses Permitted. Any other service or wholesale or manufacturing use not listed above or in any use classification of a subsequent district, if considered and found similar by the Planning Commission according to standards set forth in Section 1262.08.
(c) Accessory Uses Permitted.
(1) Storage of materials and products only within buildings, and processes clearly accessory to the main use, provided that such a use has no injurious effect on adjoining districts.
(2) Industrial, project, real estate, identification and directional signs, as set forth in Chapter 1284.
(3) Accessory off-street parking and loading facilities as required and set forth in Chapter 1282.
(Ord. 1988-174. Passed 10-17-88; Ord. 03-89. Passed 10-21-03; Ord. 04-134. Passed 9-7-04.)
1278.04 USE REGULATIONS FOR GENERAL INDUSTRIAL DISTRICTS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved and maintained, in whole or in part, in a General Industrial District only for the following uses:
(a) Main Uses Permitted.
(1) Offices, laboratories, services and manufacturing uses permitted in Research-Office and Commercial Service Districts;
(2) Manufacturing processes conducted wholly within an enclosed building, including cutting, forging, stamping, casting, extrusion, drilling, machining, welding, brazing, soldering, sawing, cleaning, shot and sand blasting, grinding, enameling, painting, galvanizing, finishing, heat-treating and rust-proofing, as a component process in connection with the production and assembly of products;
(3) Other industrial processes and uses, such as:
A. Blending, mixing and packaging of disinfectants, insecticides, fungicides, ink, soap detergents and related household and industrial chemical compounds, but excluding the preparation of primary acids and other primary chemicals; and
B. Making of metal alloy products from brass, bronze, pewter, tin, lead or aluminum, but excluding the smelting or founding of such metals.
(4) For profit schools for the purpose of the instruction of fitness training, dance, gymnastics, and/or martial arts.
(5) Sexually oriented business establishments as regulated under Chapter 870 of the Codified Ordinances of the City of North Royalton.
(6) Sign shops.
(b) Similar Main Use Permitted. Any other manufacturing use not listed above or in any use classification of another district and determined as similar by the Planning Commission according to standards set forth in Section 1262.08.
(c) Accessory Uses Permitted.
(1) Storage of materials and products, and processes clearly accessory to the main use, but only within an enclosed building or within walls or fencing so that the materials are not visible from adjoining properties or streets.
(2) Industrial, project, real estate, identification and directional signs, as set forth in Chapter 1284.
(3) Off-street parking and loading facilities as required and set forth in Chapter 1282.
(d) Conditional Uses.
(1) Major automotive repairs may be permitted, provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07. Major repairs may include, but are not limited to, spray painting; body work; clutch, transmission, axle, spring and frame repairs; and major engine overhaul.
(2) On parcels in the general area defined as west of York Road to east of West 130th Street, having frontage on State Route 82, office buildings only are permitted to heights of sixty-five feet, provided that the General Industrial zoned parcel(s) are of sufficient lot size to fulfill the requirements set forth in Section 1278.06 (footnotes (e) and (f)), and provided that other building criteria required by this Zoning Code are met and provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07.
(3) Wireless telecommunications facilities may be permitted, provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07 and Chapter 1290.
(4) Adult day care centers and child day care centers having frontage on State Route 82.
(5) Trucking terminals may be permitted, provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07 and the following requirements:
A. The use shall have access only from an arterial road, as shown on the most current roadway Functional Classification Map prepared by the Northeast Ohio Areawide Coordinating Agency (NOACA).
B. The site shall be a minimum of two acres in size.
C. The site shall not be located within 200 feet of a residential zoning district.
D. The use shall be effectively screened from view from all public streets by a fence and densely planted evergreen trees and shrubbery, as approved by the Planning Commission.
E. All repair and washing of vehicles shall occur within a space that is completely enclosed within a building.
F. The City may require a traffic study that demonstrates all adverse traffic impacts can be mitigated.
(Ord. 1988-174. Passed 10-17-88; Ord. 90-257. Passed 1-2-91; Ord. 91-13. Passed 3-5-91; Ord. 96-162. Passed 10-15-96; Ord. 97-58. Passed 4-15-97; Ord. 98-77. Passed 7-7-98; Ord. 98-127. Passed 10-20-98; Ord. 03-89. Passed 10-21-03; Ord. 04-173. Passed 9-21-04; Ord. 15-72. Passed 9-15-15; Ord. 17-70. Passed 6-20-17; Ord. 21-70. Passed 4-6-21.)
1278.05 LOT AREA AND WIDTH REGULATIONS.
(a) In all Industrial Districts, all buildings and land shall abut a dedicated street for the required lot width. The minimum lot area and width for office, research, production, distribution and general industrial operation in Research-Office, Commercial Service and General Industrial Districts shall be in accordance with the following schedule:
Schedule of Lot Area, Width and Coverage Regulations
Min. Lot Area Min. Lot Width
District Use (acres) (ft.)
Research-Office All uses 3 250
Commercial All uses 1 100
Service
Service
General
Industrial "A" All uses 1 100
Industrial "A" All uses 1 100
(b) Development pursuant to subsection (a) hereof may take place on private frontage only with the prior express, written approval of the Planning Commission and the City Council. Such approval shall be freely granted if, to the satisfaction of Council and the Commission:
(1) The proposed development promotes the welfare of the Municipality and its citizens and furthers the objectives of the Master Plan of the City of North Royalton;
(2) The private street and its use conform to all ordinances and the Zoning Map of North Royalton incorporated by Section 1268.03;
(3) The private street meets the standards and specifications of a dedicated public street and is approved by the City Engineer;
(4) The owners of the private street have agreed to maintain the street in accordance with standards for a dedicated roadway;
(5) The land so developed shall comply with the regulations set forth in the Schedule provided in paragraph (a) hereof;
(6) All other zoning standards, including, but not limited to, lot size, setbacks, parking and buffer zones, are met.
(c) More than one industrial building may be permitted on a single lot if the lot has adequate frontage on a dedicated street, provided that:
(1) All industrial buildings shall meet all zoning standards, including, but not limited to, parking requirements, side and rear yard requirements and buffer zone requirements for adjoining residentially zoned districts.
(2) The parcel and industrial buildings thereon shall be maintained in common ownership.
(3) The industrial buildings shall be arranged and spaced in compliance with all fire regulations.
(Ord. 1988-174. Passed 10-17-88; Ord. 01-63. Passed 9-4-01)
1278.06 YARD REGULATIONS.
Yards shall be provided for every main and accessory building and use in a Research-Office, Commercial Service and General Industrial District in accordance with the following schedule and regulations:
SCHEDULE OF YARD REGULATIONS FOR RESEARCH-OFFICE, COMMERCIAL SERVICE AND GENERAL INDUSTRIAL DISTRICTS | |||||||||
Minimum Yard Dimensions (ft.) | |||||||||
District | Use | Setback from Street R.O.W. Line | Setback from Side Lot Line | Setback from Rear Lot Line | |||||
Lot Abuts Arterial Street | Lot Abuts Industrial Road | Lot Adjns. Res. Dist. | or | Lot Adjns. Within Nonres. Dist | Lot Adjns. Res. Dist. | or | Lot Adjns. Within Nonres. Dist | ||
SCHEDULE OF YARD REGULATIONS FOR RESEARCH-OFFICE, COMMERCIAL SERVICE AND GENERAL INDUSTRIAL DISTRICTS | |||||||||
Minimum Yard Dimensions (ft.) | |||||||||
District | Use | Setback from Street R.O.W. Line | Setback from Side Lot Line | Setback from Rear Lot Line | |||||
Lot Abuts Arterial Street | Lot Abuts Industrial Road | Lot Adjns. Res. Dist. | or | Lot Adjns. Within Nonres. Dist | Lot Adjns. Res. Dist. | or | Lot Adjns. Within Nonres. Dist | ||
Research- Office | Main bldg. or use | 100(a) | 70(b) | 100(c), (d),(f) | 25(e) | 75(c), (d),(f) | 40(e) | ||
Parking | 100 | 70 | 25 | 10 | 20(c) | 10 | |||
Loading | Not allowed in front yd. | 25 | 10 | 20 | 10 | ||||
Drives | 0 | 0 | 25 | 10 | 20 | 10 | |||
Commer. Serv. | Main bldg. or use | 70(d) | 70(d) | 50 | 10 | 50(c) | 25 | ||
Parking | 25 | 25 | 20 | 5 | 20 | 5 | |||
(officials & visitors only) | (officials & visitors only) | ||||||||
Loading | Not allowed in front yd. | Not allowed in front yd. | 20 | 10 | 20 | 10 | |||
Drives | 0 | 0 | 20 | 10 | 20 | 10 | |||
Gen. Indus. "A" | Main bldg. or use | 100(a) | 70 | 20(f) | 10(e) | 50(c), (d),(f) | 10(e) | ||
Parking | 50 | 25 | 10 | 10 | 20(c) | 10 | |||
(officials & visitors only) | (officials & visitors only) | ||||||||
Loading | Not allowed in front yd. | Not allowed in front yd. | 20 | 10 | 20 | 5 | |||
Drives | 0 | 0 | 10 | 0 | 20 | 5 | |||
(a) With minimum 50-ft. wide landscaped area.
(b) With minimum 30-ft. wide landscaped area.
(c) With 5-7 ft. high solid fence parallel to District boundary. Fence to extend full length of District boundary and to within 50 ft. of street line. Yard shall also include a 20-ft. side landscape screen to serve as a buffer between adjoining Residential Districts.
(d) Or three times the building height, whichever is greater.
(Ord. 96-165. Passed 10-15-96.)
1278.07 SUPPLEMENTARY YARD REGULATIONS.
(a) Front yard setbacks shall be not less than as established in the schedule set forth in Section 1278.06. If a portion of the front yard in Commercial Service Districts is used for parking in accordance with such schedule, a poured concrete curb or precast concrete barrier shall be erected or installed along the parking area line not less than the distance from the front property line set forth in such schedule. In addition, the yard between such curb or barrier and the street line shall be attractively landscaped and maintained.
(b) Side and rear yards, where adjoining a Residential District, shall be provided as set forth in the above schedule and such requirements shall apply to all buildings, structures and parking and open yard uses. However, the side and rear yards may be less than scheduled for the addition to and alteration of a service, storage or industrial building existing on the effective date of this Zoning Code, if approved by the Planning Commission. A landscaped buffer area of not less than twenty feet in width and a solid fence approximately five to seven feet high shall be required by the Planning Commission along a side or rear yard line of a Research-Office, Commercial Service or General Industrial lot where adjoining a residential lot.
(c) Whenever an industrial building is located on a corner lot, the width of the side yard on the side street shall be not less than seventy feet in Research-Office and General Industrial Districts and twenty-five feet in Commercial Service Districts.
(d) In all Industrial Districts, a five-foot parking setback from any industrial building shall be required.
(Ord. 1988-174. Passed 10-17-88.)
(e) Along Royalton Road, the minimum setback for all Industrial Districts shall be 100 feet for buildings and fifty feet for parking, as measured from the centerline of the street, or as provided in the District regulations as specified in Section 1278.06, whichever is greater.
(Ord. 1988-268. Passed 1-3-89.)
1278.08 HEIGHT REGULATIONS.
Height regulations for all buildings in Research-Office, Commercial Service and General Industrial Districts shall be provided accordingly.
The height of any main or accessory buildings in Commercial Service or General Industrial Districts shall not exceed forty feet or three floors when adjoining Residential Districts, or fifty feet when adjoining non-residential districts. Side and rear yard setbacks shall be three times the building heights where adjoining a Residential District.
The height of any main or accessory building in Research-Office Districts shall not exceed forty feet or three floors when adjoining Residential Districts, or sixty feet when adjoining non-residential districts. Side and rear yard setbacks shall be three times the building height where adjoining a Residential District.
As used in this section, "adjoining" means having a side lot line in common or a side and rear lot line in common, but not where only rear lot lines adjoin.
All dormers, stairwells, elevator shafts, air conditioning units or other similar structures or equipment extending above the roof line of a building shall be provided with a solid cover with a design conforming to the architectural style and materials of the building, and shall extend no more than ten feet above the height of the building.
(Ord. 1988-174. Passed 10-17-88.)
1278.09 PERFORMANCE STANDARDS.
Any use established in a Research-Office, Commercial Service or General Industrial District, after the effective date of this Zoning Code, shall comply with the performance standards set forth hereinafter for the district in which such use shall be located, as a condition precedent to occupancy and use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with or further conflict with the performance standards set forth hereinafter for the district in which such use is located as a condition precedent to further use. Statements in writing may be required from the owner by the Planning Commission indicating that such uses comply or will comply with such performance standards.
(a) Administration and Enforcement.
(1) Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Zoning Code that:
A. Where determination can be made by the Building Inspector, using equipment normally available to the City, such determinations shall be so made before notice of a violation is issued.
B. In cases where technical complexity of extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, 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.
(2) If the Building Inspector finds, after making determinations in the manner set forth in this section, that there is violation of performance standards, he or she shall take or cause to be taken lawful action to cause correction to within the limits set by such performance standards. Failure to comply with such action shall result in the assessment of a penalty, in accordance with Section 1262.99(h).
(b) Conformance Required. All uses within the City shall conform to the performance standards set forth herein.
(1) Enclosure. All permitted main and accessory uses and operations, except off-street parking, shall be performed wholly within an enclosed building or buildings in any Research-Office, Commercial Service or General Industrial District. All raw materials, finished products and mobile and other equipment shall be stored within enclosed buildings in any Research-Office or Commercial Service District, and within enclosed walls or fencing so as not to be visible from adjacent properties in any General Industrial District.
(2) Fire and explosive hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.
(3) Smoke, dust, dirt and fly ash. It shall be unlawful to discharge into the atmosphere, from any single source of emission whatsoever, any air contaminator, for a period or periods aggregating more than four minutes in any one-half hour, which contaminator is:
A. As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart. The Ringelmann Chart, as published by the United States Bureau of Mines, which is hereby made a part of this section, shall be the standard. However, the Umbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart. A Ringelmann Chart shall be on file in the office of the administrative official.
B. Of such opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in paragraph (b)(3)A. hereof, except when the emission consists only of water vapor.
The quantity of gas-borne or air-borne solids shall not exceed two-tenths grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.
(4) Drifted and blown material. The drifting or air-borne transmission beyond the lot line of dust, particles or debris from any open stock pile shall be unlawful and may be summarily caused to be abated.
(5) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air, or such as to produce a public nuisance or hazard beyond lot lines, is prohibited.
(6) 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, at or beyond the boundaries of the lot occupied by the use, shall not be permitted.
(7) Noise standards.
A. Method of measurement. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York).
B. Locational requirements for measurement. Sound levels shall be measured along the boundaries of the site
C. Permitted sound levels. Sound levels will be in accordance with Chapter 634 of these Codified Ordinances. The standards shall apply to all noises, due to intermittence, beat frequency or shrillness.
(8) Vibration standards.
A. Requirements. All uses shall be controlled to prevent the transmission of any vibration, from any source or at any time whatever, that exceeds the maximum displacement set forth in paragraph (b)(8)D. hereof.
B. Method of measurement. The displacement of earth caused by vibration shall be measured in inches by an appropriate instrument approved by Council upon recommendation of the City Engineer.
C. Locational requirement. Vibration shall be measured as specified along the boundaries of the site.
D. Permitted vibration transmissions.
Frequency Maximum Permitted Displacement Along the
(hertz per sec.) Abutting Zoning District (in.)
0 to 10 .0008
10 to 20 .0005
20 to 30 .0002
30 to 40 .0002
Over 40 .0001
(9) Radioactive and hazardous materials. Radioactive materials shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards or its successor.
(10) Electromagnetic radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this section and shall be on file in the office of the administrative official.
(11) Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.
(12) Light. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window and shall be so arranged, as far as practical, to reflect light away from any residential use.
(13) Incineration facilities. Incineration facilities emitting neither smoke nor odor shall be provided and located within the main or accessory building. No garbage, rubbish, waste matter or empty containers shall be permitted outside of buildings, except in approved containers awaiting pickup.
(14) Waste materials. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water or sewer, unless they are 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 codes of the State, County or City of North Royalton.
(Ord. 1988-174. Passed 10-17-88.)
1278.10 SIGN REGULATIONS.
Signs in Research-Office, Commercial Service and General Industrial Districts shall be designed, erected, altered, moved or maintained, in whole or in part, in accordance with Chapter 1284.
(Ord. 1988-174. Passed 10-17-88.)
1278.11 PARKING.
Parking and loading facilities in Research-Office, Commercial Service and General Industrial Districts shall be in accordance with Chapter 1282.
(Ord. 1988-174. Passed 10-17-88.)
1278.12 DESIGN PLANS.
In order to carry out the intent and purpose of this chapter, the Planning Commission may prepare design plans for specific areas in Research-Office and General Industrial Districts, showing its recommendations, which may include, but are not limited to, the location and width of street rights of way and pavements; the location and width of controlled accessways to major streets, interior marginal service roads and parking and loading areas; and the minimum yard dimensions for buildings, accessory uses and permitted yard uses. Such design plans shall be developed in accordance with the criteria set forth in this chapter and any other applicable provisions of this Zoning Code.
After such plans are duly adopted by the Planning Commission and Council, they shall be construed as being part of this Zoning Code, and compliance therewith shall be required.
(Ord. 1988-174. Passed 10-17-88.)
1278.13 DEVELOPMENT PLANS.
Preliminary and final site development plans shall be prepared by the developer for all proposed developments in any Research-Office, Commercial Service or General Industrial District and shall be submitted to the Planning Commission for review and approval.
(a) Contents. Plans for a development shall be drawn at an appropriate scale and shall include:
(1) Survey. Property and topography, showing land owned and proposed for development, surrounding and adjoining streets and adjoining lots and their uses.
(2) Buildings. The location, size, height and use of all proposed main and accessory buildings; their general design, materials and color; the nearest building on adjoining lots and its use.
(3) Traffic. The proposed system of on-site vehicular circulation, details for accessways to streets, methods for control of traffic and type of pavement.
(4) Parking areas. The layout, an estimate of the number of spaces, landscaping and other design features and type of pavement.
(5) Utilities. The location, size and grade of all utility installations and connections to present or proposed facilities.
(6) Site development. The grading plan; designs of landscaped yards, planting areas and fence screens adjoining residential areas; the size, location and type of all outdoor signs; and exterior lighting.
(7) Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, sureties and other instruments as may be required.
(b) Approval. A preliminary development plan designed in accordance with the planning standards, regulations and criteria established in this Zoning Code and the Subdivision Regulations of the City shall be submitted to the Planning Commission for review and approval.
If the preliminary development plan, together with any modifications thereof proposed by the developer, is found by the Planning Commission to be in compliance with the requirements of the applicable district and any other applicable provisions of this Zoning Code, as well as architectural review and the Subdivision Regulations of the City, the Commission shall approve such preliminary development plan within forty days from the date of the meeting when all required plans and data had been received. If such development plan is not found to be in compliance therewith, the Planning Commission may recommend revisions to be made by the developer.
Upon approval of a preliminary development plan, the developer shall prepare and submit to the Planning Commission a final development plan, which shall include the final grading plan and detailed plans and specifications for all streets, storm and sanitary sewers, water distribution and all other site features, designed in accordance with the Subdivision Regulations and construction codes of the City of North Royalton.
Upon receipt of a final development plan, the Secretary of the Planning Commission shall transmit a copy of the final development plan, including detailed construction plans and specifications, to the Engineer for his or her review, report and recommendation. The Engineer shall, within forty days from the date of receipt of the final development plan, provide and furnish to the Planning Commission a report upon the compliance of the development plan with those regulations within the jurisdiction.
If, after evaluating the Engineer's report, the Planning Commission finds that a proposed final development plan is in accordance with and represents a detailed expansion of the preliminary plan heretofore approved, that it is in conformance with the provisions of this Zoning Code, the Building Code and the Subdivision Regulations of the City of North Royalton and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the Engineer, the Planning Commission shall approve such final plan within ten days from the date of the meeting when all required final plans and data had been received.
After approval, the developer may apply for a building permit which shall be issued by the Building Inspector.
(c) Revision; Lapse of Approval. The final development plan may be revised by the developer and resubmitted through the same procedure required for the original preliminary and final development plans.
Failure to begin the construction of all or a substantial portion of the improvements approved in the final development plan within one year after the issuance of a permit shall make null and void the plan as approved, unless an extension of time is granted by the Planning Commission.
(Ord. 1988-174. Passed 10-17-88.)
1278.14 LANDSCAPING IN RESEARCH-OFFICE AND GENERAL INDUSTRIAL DISTRICTS.
The following regulations for landscaping in Research-Office and General Industrial Districts shall apply:
(a) All portions of a lot which are not improved shall be landscaped or maintained in an orderly natural state.
(b) The area to be landscaped shall be planted within six months from the date of issuance of a certificate of occupancy and thereafter shall be properly maintained.
(c) In addition to a five to seven-foot high fence, Research-Office and General Industrial Districts shall also require a landscaped visual buffer along a boundary with an adjoining Residential District. Such buffer shall contain deciduous and evergreen trees or shrubs sufficient to create a year-round visual barrier and shall be twenty feet in width.
(d) All landscaping plans shall be submitted to the Planning Commission for review and approval.
(e) All landscaping shall be in accordance with the provisions of Chapter 1288 of this Zoning Code.
(Ord. 1988-174. Passed 10-17-88.)
1278.15 EXTERIOR MASONRY SURFACES.
All exterior masonry surfaces on buildings constructed in any Industrial District shall be of face brick, stone or other finished type of masonry. Common concrete block shall not be permitted except on rear walls adjacent to the rear property lines where expansion can occur, provided that the rear wall does not face residential areas, public facilities, schools, churches, etc., and that all openings, doorways and transitions are returned in brick.
(Ord. 89-213. Passed 2-6-90.)
1278.16 APPLICATION REVIEW GUIDELINES FOR ADULT ENTERTAINMENT
(a) Applications Subject to Review. An application for building permit for work or a use for a building for which a license is required by Section 870, Adult Entertainment Businesses, of the Codified Ordinances of the City of North Royalton.
(b) Administrative Reviewer. Pursuant to the Codified Ordinances of the City of North Royalton, Section 870, Adult Entertainment Businesses, the Building Commissioner is the administrative reviewer.
(c) Application Review Guidelines. The Application Review Guidelines for Adult Entertainment Businesses, Sexually Oriented Business Establishments are:
(1) The proposed location is within the General Industrial District;
(2) The proposed location shall not be on any parcel having frontage on State Route 82 (Royalton Road);
(3) The proposed location is more than 500 feet from any place licensed for the sale of beer or intoxicating liquor for consumption on the premises;
(4) The proposed location is more than 500 feet from any other place licensed to operate a sexually oriented business;
(5) The proposed location is more than 500 feet from any residence district, or any structure used as a residence;
(6) The proposed location is more than 500 feet from any church;
(7) The proposed location is more than 500 feet from any primary or secondary school;
(8) The proposed location is more than 500 feet from any daycare center or nursery school;
(9) The proposed location is more than 500 feet from any hotel or motel;
(10) The proposed location is more than 500 feet from any public park or playground;
(11) The proposed location is more than 500 feet from any public library.
(Ord. 98-97. Passed 7-21-98.)
1281.01 INTENT.
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.)
1281.02 ESTABLISHMENT OF A TOWN CENTER DISTRICT.
(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.)
1281.03 USE REGULATIONS.
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.
SCHEDULE 1281.03 Permitted Uses | ||
TCD-1 | TCD-2 | |
PERMITTED USES | ||
SCHEDULE 1281.03 Permitted Uses | ||
TCD-1 | TCD-2 | |
PERMITTED USES | ||
Residential | ||
Single-family Clusters | P | |
Townhouses | P | |
Multi-family | C | |
Residential above first floor retail | P | P |
Live-work residential dwellings | P | P |
Retail and professional services | ||
Retail | P | P |
Offices | P | P |
Personal services | P | P |
Repair services | P | P |
Restaurants | P | P |
Taverns/pubs | P | P |
Hotels/Bed and Breakfast | P | P |
Banks | P | P |
Gasoline service stations | C | |
Automotive services | P | |
Automotive repair | P | |
Walk-up ATM's | P | P |
Drive-through facility | P | C |
Wholesale offices/showrooms | P | |
Outdoor displays | A | A |
Indoor recreation/amusement | P | P |
Veterinary clinics and veterinarian practices | P | C |
Adult day care centers | P | C |
Child day care centers | P | C |
Nursing facilities and assisted living facilities | P | C |
Mobile Food Unit (a) | P | P |
Mobile Food Unit Park (a) | C | C |
Institutional | ||
Libraries and museums | P | P |
Churches | P | C |
Schools | P | C |
Government offices | P | C |
Local government facilities, including police, fire and recreation | P | P |
Miscellaneous | ||
Parking garages and off-street parking | A | A |
Electric Vehicle (EV) Charging Stations | A | A |
Car wash | P | |
Signs | A | A |
(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.)
1281.04 AREA REGULATIONS.
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.)
1281.05 BUFFERYARD AND DEVELOPMENT STANDARDS.
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:
(a) Bufferyards. Bufferyards shall be required around the boundary of all new developments to separate adjacent incompatible land uses and screen and soften the detrimental impacts of incompatible uses upon one another and upon the surrounding property line. Boundary bufferyards may vary in width depending on site conditions and on the level of screening required for line of sight, noise suppression, or other nuisance related purpose.
(1) General Standards for Bufferyards.
A. Responsibility for installation of buffer. Boundary buffer areas shall be provided by the person in charge of or in control of developing the property whether as owner, lessee, tenant, occupant, or otherwise (hereinafter referred to as "owner").
B. Location. Boundary buffers shall be located along the rear and side boundaries of a lot or parcel. On sloped areas the boundary buffer should be located to maximize its screening effectiveness.
C. Structures within required buffer. No structure shall be permitted within a required buffer other than a wall, fence, or earth berm. A driveway in the side yard that connects a paving area on the lot to the street shall not encroach into the boundary buffer area.
D. Level of bufferyard required.
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.
E. Hierarchy of land use intensities. For purposes of this section, the following is a listing of land uses from highest intensity A. to lowest intensity G.:
A. Mixed-use.
B. Retail and professional services.
D. Institutional/civic.
E. Multi-family residential.
F. Single-family cluster/townhome.
G. Single-family residential.
F. Adjacent parcels. When adjacent parcels are being developed, the required buffer shall be placed on each parcel being developed. However, a buffer that meets the requirement of both parcels may be placed astride the boundary if a written agreement, signed by both owners, is approved as to form by the Law Director and filed with the City Engineer, is recorded in the real estate property records of the county and runs with the property.
G. Bufferyard establishment. Once a bufferyard has been approved by the Planning Commission and established by the owner, it may not be used, disturbed, or altered for any purpose.
(2) Determination of Bufferyard Type. The determination of the appropriate type of bufferyard required between two adjacent parcels within or adjacent to the TCD is made by the following procedure:
(1) Identify the land use of the proposed development property;
(2) Identify the adjacent land use(s); and
Table 1 Bufferyard/Land Use Matrix | ||||||
Single- Family Residential Land Use | Single- Family Cluster/ Townhome Land Use | Multi- Family Residential Land Use | Institutional/ Civic Land Use | Retail and Professional Services Land Use | Mixed- Use Land Use | |
Table 1 Bufferyard/Land Use Matrix | ||||||
Single- Family Residential Land Use | Single- Family Cluster/ Townhome Land Use | Multi- Family Residential Land Use | Institutional/ Civic Land Use | Retail and Professional Services Land Use | Mixed- Use Land Use | |
Single-Family Residential - Land Use | N/A | A | B | C | C | C |
Single- Family Cluster/Townhome Land Use | N/A | B | C | C | C | |
Multi-Family Residential Land Use | N/A | B | C | C | ||
Institutional/Civic Land Use | A | A | B | |||
Retail and Professional Services Land Use | A | A | ||||
Mixed-Use Land Use | A | |||||
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:
When the Height of the Nonresidential Use Is: | The Required Boundary Bufferyard Type Shall Be: |
35 Feet or Less | As Shown in Table 1 Above |
35 Feet or More | One Level Higher Than the Type Shown in Table 1 Above. When Already Subject to Requirements of Bufferyard C, Required Width of Buffer to be Increased to 50 Feet. (e.g., if Table 1 shows Bufferyard B, Bufferyard C shall be established). |
35 Feet or More, But Building is Set Back At Least 300 Feet from Lot Line Adjoining the Residential Use | As shown in Table 1 Above |
(3) Bufferyard Type Requirements.
A. Bufferyard type. The type and extent of bufferyard plantings or screening shall be a function of the degree of potential incompatibility of the adjacent land uses as set forth in Table 1 above.
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. Bufferyard landscaping and plantings. Landscaping and required plantings shall meet the requirements detailed in Section 1288.04
.
(4) Bufferyard Fences and Earth Berms. Bufferyards B, and C include the optional use offences or earth berms as part of the bufferyard requirements. For all Bufferyards A- C, where the minimum bufferyard distance width is being met, if a 4 to 6 foot earth berm or a 4 to 6 foot fence or wall is installed as part of the bufferyard, then the required bufferyard plant material may be reduced by no more than 15%.
(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.)
1281.06 BUILDING WIDTHS.
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.)
1281.07 SCHEDULE OF YARDS AND SETBACKS.
(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.
SCHEDULE 1281.07 Building and Parking Setback Requirements | ||
TCD-1 | TCD-2 | |
SCHEDULE 1281.07 Building and Parking Setback Requirements | ||
TCD-1 | TCD-2 | |
A. Building | (feet) | (feet) |
1. Front setback from the street ROW of a street existing at the time of adoption | ||
a. Minimum | 10* | 5* |
b. Maximum | 25 | 15 |
2. Front setback from new internal street | ||
a. Minimum | 10 | 5 |
b. Maximum | 25 | 15 |
3. Side setback | ||
a. From single-family residential zoning district property line | 50 a | 25 a |
b. From non-single-family residential zoning district property | 10 | 10 |
4. Rear setback | ||
a. From single-family residential zoning district property line | 50 a | 25 a |
b. From non-single-family residential zoning district property line | 10 | 10 |
B. Parking | ||
1. From ROW of a street existing at the time of adoption | ||
a. Minimum | 10 | 10 |
b. Maximum | @building line | @building line |
2. From new internal street | 10 | 10 |
3. From rear or side lot line of adjacent single-family zoning district (b) | 20 | 25 |
4. From rear or side lot line of adjacent non-single-family zoning district | 5 | 10 |
* 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.)
1281.08 REQUIRED OPEN SPACE.
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.)
1281.09 BUILDING HEIGHTS.
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.
SCHEDULE 1281.09 Building Heights | ||
TCD-1 | TCD-2 | |
Minimum | - | 2 |
Maximum | 4 | 4* |
* 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.)
1281.10 DWELLING UNIT AND RESIDENT UNIT AREA REQUIREMENTS.
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.)
1281.11 PARKING FACILITIES.
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.
(e) Shared Parking.
(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.
(f) Parking Feasibility Study.
(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.
(i) Bicycle Parking.
(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.)
1281.12 SIGNS.
(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.)
1281.13 EXTERIOR LIGHTING STANDARDS.
(a) Intent and purpose. These exterior lighting requirements are intended, among other purposes to:
(1) Provide lighting systems that enhances vision, minimizes glare and light spillage, promotes energy efficiency, are appropriate for the task.
(b) General requirements.
(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.
(c) Site lighting. The following requirements for various uses and structures are intended to provide reasonable levels of lighting for security and convenience, and to place limits on intensity levels to avoid distractions to motorists, minimize nuisance to surrounding properties, decrease the effects of sky glow and avoid the escalation of light levels among competing properties.
(1) Shielding.
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.
(2) Fixtures.
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.
(3) Lamps and lighting trespass.
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.
(4) Pedestrian and landscape lighting.
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.)
1281.14 LAND PLANNING PRINCIPLES.
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.)
1281.15 DESIGN GUIDELINES.
(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.
(1) Outdoor Dining Regulations. Outdoor dining is a conditionally permitted use and must comply with the following regulations:
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.
(c) Street Tree Planting Requirements. The planting of street trees shall be required at the time a parcel is developed or redeveloped and final landscape grade is completed in all TCD districts, and in accordance with the following regulations.
(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.)
1281.16 SITE DEVELOPMENT CRITERIA.
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.
(1) Main Streets. Main Streets are designed to be the major corridors through a proposed development that link similar developments together or link developments to major external roadways (i.e. State, Ridge, or Royalton Roads). The front facades of a development shall face Main Streets within TCD-2. Proposed right-of-way widths shall range from 66 feet to 80 feet and include space for drive lanes (1 lane in each direction), on-street parking, lighting zone, planter/tree zone, and sidewalks. Additionally, bike lanes can be added to a Main Street typical section if desired. A Main Street typical section is shown below.
(2) Auxiliary Streets. Auxiliary streets are secondary roads within a development that link Main Streets and alleys together. These streets are smaller in scale and shall have a 50-foot right-of- way width. On-street parking along Auxiliary streets is not required.
(3) Alleys. Alleys are designed for loading and access to the rear or side of buildings. An alley typical section shall be 40 feet wide and consist of drive lanes (1 in each direction), lighting zone, and sidewalks. An Alley typical section is shown below.
(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.)
1281.17 PRELIMINARY DEVELOPMENT PLAN.
(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.
1281.18 FINAL DEVELOPMENT PLAN.
(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.)
1281.19 CONFLICTS.
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.)
1281.20 DEVELOPMENT PLAN REVIEW.
(a) Application; Preliminary Plan of Development Area. With regard to Traditional Town Center development, the developer shall follow the requirements of this chapter and section. Twenty-four copies of the required plans shall be submitted to the Secretary of the Planning Commission and a public hearing shall be held. A developer shall also follow the Subdivision Regulations found in Title Four, Chapters 1240
, 1242
, 1244
, 1246
, and 1248
and first make application to the Planning Commission. "Sketch plan," "preliminary plan" and "final plan" shall have the same meaning as found in Chapter 1244
. Plans may be submitted, however, only on behalf of a single owner of the parcel or a group of owners of the land included therein who are acting jointly. The plan of the development area shall indicate all uses proposed for the TCD area, and the location and arrangement of uses, and shall include, unless waived by the Planning Commission as not being applicable, the following:
(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.
(b) Referral for Review and Reports. Upon receipt of a preliminary plan of a development area, the Secretary of the Planning Commission shall transmit a copy of the preliminary plan to the City Engineer, Planning Commission, Mayor, Building Commissioner, Fire Department, Police Department, Economic Development Director, Council, Clerk of Council, Law Director and City Planner (or a planning consultant) for their review, report and recommendations. The Secretary shall also transmit a copy of all covenants, restrictions and easements to be recorded, and covenants for maintenance, to the Law Director for his or her review, report and recommendation. The Law Director, City Engineer, Building Commissioner, Police Department, Fire Department, Economic Development Director and City Planner (or a planning consultant) shall each, within 30 days from the date of receiving a preliminary plan of the development area, provide and furnish to the Planning Commission Secretary a report upon their respective jurisdictions. The Planning Commission Secretary shall distribute copies of the reports to; Planning Commission, Mayor, Council, City Engineer, City Planner (or a planning consultant), Building Commissioner, Fire Department, Police Department, Economic Development Director, applicant, and one copy shall be filed with the Clerk of Council, who shall maintain such copy open to public inspection.
(c) Report to Council.
(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.
(d) Action by Council.
(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.
(e) Authority to Proceed.
(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.
(f) Final Plan of Development Area. Upon completion of the subdivision improvements as required in Chapter 1244
, 1246
and 1248
, the developer shall apply for final plan approval as permitted in Chapter 1248
and shall submit 24 copies of the final plan of the development area. Said application for final plan approval shall comply with Chapter 1248
.
(g) Conditions for Approval by Commission. The final development plan shall be in substantial accordance with the preliminary development plan and shall comply with the following:
(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.
(h) Progressive Development. A developer, having obtained approval of any preliminary plan of a development area, may construct the development in progressive stages as may be approved by the Planning Commission, so long as the entire development area is included in the approvals sought and obtained from the Planning Commission and Council. The developer shall advise the Planning Commission and Council of its intent to develop in phases and shall identify which areas correspond to the particular number of phases sought to be developed. The development in phases shall be included in any construction agreement negotiated between the developer and the City.
(i) Amendments to Plans. At any time after the approval of a preliminary plan and before submission of a final plan of a development area, the City, on its own accord based on information indicating a substantial change in the plan, or the owner/developer, may request an amendment be made of the approval or conditional approval of the preliminary plan. The request for such amendment shall be filed with the Planning Commission and one copy shall be filed with the Clerk of Council. If the request for said amendment is made by the City, timely notice shall be provided to the developer/ owner. Under regulations established by the Planning Commission, the City Engineer or City Planner may agree to proposed amendments that are deemed to be minor. If the proposed amendment is deemed to be major, the Planning Commission shall consider the proposed amendment at the next regularly scheduled meeting. The Commission shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the Planning Commission, the applicant may withdraw the proposed amendment. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by 10% or more or increasing density in the subdivision by 10% or more. An applicant may not propose more than 2 amendments, whether major or minor, to any preliminary plat. The Commission shall render a decision on the proposed major amendment within 30 days after the meeting. If, in the opinion of the Planning Commission, such amendment is in substantial agreement with the approved preliminary or final plan of a development area, it shall be approved by the Planning Commission.
(Ord. 24-115. Passed 10-1-24; Ord. 24-141. Passed 9-3-24.)
1282.01 INTENT.
Off-street parking and loading requirements and regulations are established in order to achieve, among others, the following purposes:
(a) To relieve congestion so that streets can be utilized more fully for movement of vehicular traffic;
(b) To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movement in the vicinity of intensive pedestrian traffic;
(c) To protect adjoining residential neighborhoods from on-street parking;
(d) To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments which depend upon off-street parking facilities; and
(e) To provide regulations and standards for the development of accessory off-street parking and loading facilities in accordance with the objectives of the Master Plan of the City of North Royalton.
(Ord. 08-111. Passed 9-2-08.)
1282.02 SCOPE.
Accessory off-street parking and loading facilities shall be provided as a condition precedent to occupancy of all residential, institutional, business, office, research, production, service and industrial uses in conformity with the provisions of this chapter:
(a) Whenever a building is constructed or a new use established;
(b) Whenever an existing building is altered and there is an increase in the number of dwelling units, seating capacity or floor area of the building; and
(c) Whenever the use of an existing building is changed to a more intensive use which requires more off-street parking facilities, except that certain nonconforming uses may continue as provided in Section 1286.09;
(d) Whenever a building is constructed or a new use established in Traditional Town Center District (TCD) as provided in Section 1281.11.
The design standards contained herein represent minimum requirements necessary for providing adequately developed parking facilities.
In designing the parking for a given zoning or use, this chapter should be consulted to determine the number of parking spaces required.
(Ord. 08-111. Passed 9-2-08.)
1282.03 DEFINITIONS; MEASUREMENT STANDARDS.
As used in this chapter, for the purpose of determining the off-street parking and loading facilities required as accessory to a use, definitions and standards are established as follows:
(a) "Employees" means, wherever the parking requirement is based on employees, the maximum number of employees on duty on the premises at one time or, in the case of two successive shifts, the number of employees on the largest shift plus twenty-five percent of the number of employees on the next largest shift.
(b) "Floor area used in determining parking requirements" means the total area of all the floors of the building used by the principal activity, as specified in the schedule in Section 1282.05, measured from the exterior faces of the building. The areas used for storage, or otherwise not occupied by people, may be excluded from the floor area calculation the Building Commissioner determines that this floor area will not require additional parking.
(c) "Gross floor area used in determining loading requirements" means the total floor area used for the main and accessory activities, and storage areas of the building served.
(d) "Off-street loading space" means an open space or enclosed area as part of a building, accessible to a public street and available whenever it is needed for the loading or unloading of goods and products to the main use.
(e) "Off-street parking space" means an open or enclosed area accessible from a public street for parking of automobiles of owners, occupants, employees, customers or tenants of the main use. Each space shall be accessible from a drive or aisle and of a size consistent with Section 1282.12, exclusive of all drives, aisles, ramps and turning space.
(f) "Seating capacity" means the number of seating units installed or indicated on plans for places of assembly. Where not indicated on plans, it shall be assumed that a seating unit will occupy six square feet of floor area exclusive of all aisles.
(Ord. 08-111. Passed 9-2-08; Ord. 20-40. Passed 4-7-20.)
1282.04 APPLICATIONS FOR BUILDING PERMITS AND OCCUPANCY CERTIFICATES; SITE PLANS; DETERMINATION OF SPACE REQUIREMENTS; DESIGN STANDARDS.
(a) Applications; Site Plans. Any application for a permit to construct a building or parking area, or for a certificate of occupancy for a change in use of land or a building, shall include a site plan drawn to scale and fully dimensioned as set forth in Section 1262.05, showing the proposed design of the parking area and loading facilities to be provided in compliance with the provisions of this chapter.
(b) Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement standards set forth in Section 1282.03, the parking area design standards set forth in subsection (c) hereof, the schedule of parking requirements for the various uses set forth in Section 1282.05, and any other applicable provisions of this chapter. Where the computation results in a fractional space, it shall be counted as one additional space required.
(c) Parking Area Design Standards. The plan for parking spaces of a parking area included with an application to construct a building or parking area, or for a change in use, shall be designed and dimensioned in accordance with Loading Facilities Section 1282.14.
(Ord. 08-111. Passed 9-2-08.)
1282.05 SCHEDULE OF PARKING REQUIREMENTS.
Accessory off-street parking facilities shall be provided in quantities not less than as set forth in the following schedule:
Building and Use | Minimum Spaces Required |
Building and Use | Minimum Spaces Required |
(a) Residential. | |
(1) One-family dwellings | |
R1-A and R1-B | 2 per dwelling unit. |
(2) Two-family dwellings | |
R2-C | 3 per dwelling unit, with 1 per dwelling unit enclosed in an attached or detached garage. |
(3) Townhouse | 3 per dwelling unit, with 1 per dwelling unit enclosed in an attached garage. |
(4) Apartment | |
RM-D | 2-1/2 per dwelling unit, with 1 per dwelling unit enclosed in a garage. |
(5) Rented rooms | 1 per rented room, plus 2 per resident family |
(6) Hotels, motels | 1 per guest room, plus one for each employee |
(b) Community Facilities. | |
(1) Governmental. Municipal, County, State and Federal buildings, with principally administrative functions | 1 per 300 sq. ft of floor area used by the public, plus 1 for each 2 employees. |
Building and Use | Minimum Spaces Required |
Building and Use | Minimum Spaces Required |
(b) Community Facilities. (Cont.) | |
(2) Civic. Art galleries, libraries, museums, churches, clubs and community centers | 1 per 500 sq. ft. (*) |
(3) Educational. Primary and secondary public and private schools | 1 per 1,000 sq. ft. (*) |
(4) Places of assembly. | |
Auditoriums, lodge halls, gymnasiums and stadiums. | 1 per 4 seats. |
(*) For the assembly parts of the building, 1 space per each 4 seats or 1 space for each 6 sq. ft. of assembly floor area shall be added. | |
(5) Health and welfare. | |
A. General and special hospitals | 1 per 500 sq. ft. |
B. Institutions for children and for the aged, nursing homes and Mental Health Facilities | 1 per 1,000 sq. ft. |
C. Medical clinics | 1 per 200 sq. ft., plus 1 for each doctor and 1 for each employee. |
D. Independent living facilities | 1 per unit. |
E. Assisted Living facilities | 1 per 6 beds, plus 1 for each employee of the largest shift. |
F. Nursing Homes | 1 per 6 beds, plus one for each employee of the largest shift. |
(6) Recreation. | |
Skating rinks and swimming pools | 1 per 50 sq. ft. of area devoted to the activity and 1 per two members. |
(c) Business and Offices. | |
(1) Retail stores, services and first floor offices. | |
A. Less than 4,000 sq. ft. per unit | 10 per 1,000 sq. ft. |
B. 4,000 to 10,000 sq. ft. per unit | 8 per 1,000 sq. ft. |
C. 10,001 sq. ft. or greater | 7 per 1,000 sq. ft. |
(2) Offices. | |
A. Medical and dental offices | 1 per 200 sq. ft. |
B. Other offices, first floor and above | 1 per 250 sq. ft. |
Building and Use | Minimum Spaces Required |
Building and Use | Minimum Spaces Required |
(c) Business and Offices. (Cont.) | |
(3) Mortuaries. | 40 plus 1 per 200 sq. ft. |
(4) Places of assembly. | |
Theaters, halls, arenas | 1 per 4 seats. |
(5) Commercial recreation. | |
A. Open commercial amusement | 1 per 500 sq. ft. of lot area |
B. Bowling alleys | 3 per lane |
(6) Eating places. | |
Bars, taverns, restaurants, luncheonettes, cafeterias and other eating places. | 1 for each employee, plus 1 for each 100 sq. ft. of floor area or 1 for each 4 seats based on maximum seating capacity, whichever is greater. |
(d) Service and Manufacturing. | |
(1) Wholesale, distribution, laboratories, general services, machine shops and similar establishments. | 1 per employee for the number of employees on the largest shift plus 25% of the number of employees on the second largest shift. |
(2) Manufacturing plants | 1 per employee for the number of employees on the largest shift plus 25% of the number of employees on the second largest shift. |
(3) Automotive Repair Services | Two spaces for each service bay, plus one space per employee. |
(4) Auto Service Station | One space per pump, plus one space per employee. |
(5) Car Wash Facilities | Sufficient stacking spaces for four vehicles per bay and one space per employee. |
(e) Other Buildings or Uses. For specific buildings or uses not scheduled above, the Planning Commission shall apply the unit of measurement set forth in the above schedule which is deemed to be most similar to the proposed building or use.
(f) Accessible Parking Spaces. Off-street parking spaces reserved for individuals with disabilities shall be provided and designed to meet state requirements. The number, location, configuration and designation of accessible spaces shall comply with the most current iteration of "Accessible and Usable Buildings and Facilities," as adopted by the State of Ohio.
(Ord. 08-111. Passed 9-2-08; Ord. 20-40. Passed 4-7-20.)
1282.06 MODIFICATIONS OF REQUIREMENTS.
(a) Public Facilities Available. The required spaces as determined by the schedule set forth in Section 1282.05 may be modified by the Planning Commission in the City's central business area where free parking areas or publicly-owned parking areas are readily accessible and where land is not available for development of accessory off-street parking, as required herein, and where public transportation is used extensively.
(b) Parking for Single and Mixed Uses. A building occupied by one use shall provide the off-street parking spaces as required for the specific use. A building or a group of buildings, occupied by two or more uses and operating normally during the same hours, shall provide spaces for not less than the sum of the spaces required for each use. For a large unit development of business uses, such as a shopping center, spaces shall be provided based on the total area of the building or buildings, as set forth in the schedule provided in Section 1282.05, instead of on the requirements for each separate use.
(c) Joint Use of Parking Facilities. Churches, civic clubs, community centers, auditoriums, lodge halls, gymnasiums and stadiums may make arrangements with business establishments which normally have different hours of operation for sharing up to, but not more than, 50% of their requirements in adjacent parking areas which are accessory to such business uses. However, where there is a sharing of facilities by different owners or tenants, there shall be an agreement covering a specific period of time as may be required by the Planning Commission. Should any of the uses be changed or the facilities discontinued, then the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of said building or buildings.
(Ord. 08-111. Passed 9-2-08.)
1282.07 CONTINUATION OF FACILITIES.
(a) Off-street parking and loading facilities accessory to an existing use on the effective date of this Zoning Code, and those required as accessory to a use created or a building constructed or altered thereafter, shall be continued and maintained in operation, and shall not be used for automobile sales or service or repair of motor vehicles, and shall not be reduced below the requirements of this Zoning Code during the period that the main use is maintained, unless an equivalent number of spaces shall be provided for such use in another approved location.
(b) Should any main use change whereby it remains within the same zoning district but, because of the change in use, the required number of off-street parking spaces increases, off-street parking shall be required so that the new use conforms to the schedule of parking requirements set forth in Section 1282.05 and the length and width requirements of Section 1282.12.
(c) Wherever parking facilities are permitted on land other than the lot on which the building or use served is located, such facilities shall be in the same ownership as the lot occupied by the building or use to which the parking facilities are accessory. Such ownership shall be by deed or a long-term lease agreement, whereby the owner of the land on which the parking facilities are to be located shall be bound by a covenant filed and recorded in the office of the County Recorder, requiring each such owner, and his or her heirs or assigns, to maintain the required number of parking facilities for the duration of the use as a precedent to the continuation of such use.
(Ord. 08-111. Passed 9-2-08.)
1282.08 LOCATION OF FACILITIES.
(a) Residential Districts and Uses. Accessory, enclosed or open parking facilities as required shall be provided on the same lot as the dwelling unit served. In RMD Districts, parking facilities shall be provided within a walking distance of 200 feet of the building entrance of the unit to be served, and at least one-half of the spaces required for each apartment building shall be provided in an enclosed garage. An enclosed surface shall contain no more than 12 parking spaces.
In one- and two-family residential districts, accessory and off-street parking facilities shall be provided in accordance with provisions of Section 1282.05. To preserve the intent of Residential Districts as prescribed in Section 1270.01(c), no vehicle or equipment used in commerce, including, but not limited to dump trucks, flatbed trucks, tow trucks, concrete trucks, tank trucks, semi-tractor trucks, stake body trucks, moving vans, buses, step vans, excavating equipment or other similar equipment or vehicles shall be permitted to be parked on any private property in residentially zoned districts unless they are in an enclosed structure.
However, the property owner or occupant may park one such vehicle outside of an enclosed structure if it meets all of the following criteria:
(1) The vehicle must be parked behind the front building line;
(2) The vehicle must be screened so it is not visible from any roadway; nor from any sidewalk; nor from any neighboring property;
(3) The vehicle is used solely by the occupant of the premises;
(4) Regular use of the vehicle customarily provides occupant transportation to and from place of employment and the vehicle is required as a condition of property owner's or occupant's employment.
Pick-up trucks and cargo vans required as a condition of employment which cannot be screened and/or enclosed must be parked in a designated driveway.
Whoever violates provisions of this Section 1282.08(a) is guilty of a fourth degree misdemeanor and shall be subject to a fine of not more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than 30 days. Every day of a continuing violation shall be considered a separate offense.
(b) Civic Uses and Places of Assembly. Where churches, civic clubs, community centers, auditoriums, lodge halls, gymnasiums and stadiums share parking facilities with adjacent business establishments, such parking facilities shall be located within a walking distance of not more than 250 feet from the entrance of the main building of such use.
Parking serving the uses covered in this subsection shall be further regulated in relation to any adjoining Residential District lines as set forth in Chapter 1274.
(c) Business and Office Uses. Accessory parking facilities shall be provided on the same lot as the main use served in a General Business District, except where modified by the Planning Commission in accordance with the provisions of Section 1282.06. In such cases, the nearest point of the parking lot shall be located within a walking distance of not more than 250 feet from the main entrance of the building.
A parking area serving the uses covered in this subsection shall be further regulated in relation to any adjoining Residential District lines as set forth in Chapter 1276.
(Ord. 08-111. Passed 9-2-08.)
1282.09 PARKING LIMITATIONS FOR SERVICE STATIONS.
Vehicles awaiting service shall not remain so parked for a period exceeding 72 hours.
(Ord. 08-111. Passed 9-2-08.)
1282.10 PARKING AREA IMPROVEMENTS.
Parking areas and access driveways shall be designed, graded, constructed, altered and maintained as follows:
(a) Grading and Pavement. Parking areas and access driveways shall be graded and drained so that surface water shall not be allowed to flow onto adjacent properties. Parking areas and driveways shall be improved with asphaltic concrete or Portland cement pavement, in accordance with the standards established in the Subdivision Regulations of the City.
(b) Design. Parking areas shall be arranged and marked to provide for orderly and safe parking and storage of vehicles in accordance with the aforesaid parking area design standards and shall be improved with a poured concrete curb or precast concrete barrier to define parking bays or limits of paved areas, except at entrances and exits.
(c) Traffic Circulation Signing and Markings. Directional signs and arrows and appropriate pavement marking shall be installed to control the direction of traffic flow, when deemed necessary by the Building Commissioner and/or City Engineer.
(d) Maintenance of Parking Facilities and Equipment. All paving, directional devices and protective equipment, landscaping, and other equipment furnished or required on the parking facility shall be maintained to ensure safe pedestrian movement, vehicular operation, adequate protection of adjoining properties, and to present a neat and attractive appearance of the facility. Any parking facility found to be in need of maintenance and/or repair, shall be repaired by the owner.
(e) Delineation of Parking Spaces. All parking spaces shall be delineated by appropriate fixed curbing, painted lines (a minimum of four inches wide), or other fixed markers. Compact parking stalls or groups of parking stalls shall be individually signed or marked. Any curb painting or fixed markers used indicate specific use or time limits of parking spaces shall be expressly approved by the Building Commissioner and/or City Engineer.
(f) Physical Barriers. Fixed physical barriers shall be installed to protect public and private property adjacent to the parking facility as well as buildings, landscaping and appurtenances within the development which could be damaged by vehicles using the parking facility. These barriers shall be designed and constructed to facilitate easy cleaning of the parking surface. A solid masonry wall shall be constructed when required by the Zoning Code or the Planning Commission. When no masonry wall is required, wheel stops in the form of a six-inch high concrete curb or other approved fixed barrier, placed a minimum distance of five feet from the property line, or the building to be protected, shall be installed. Landscaping shall be adequately protected to avoid damage by vehicles. The fixed physical barrier will be placed five feet from the property line, or the building to be protected; however, this distance must be a minimum of seven feet if the vehicles are permitted to back into the parking stalls.
(Ord. 08-111. Passed 9-2-08; Ord. 13-152. Passed 2-4-14; Ord. 20-40. Passed 4-7-20.)
1282.11 ILLUMINATION OF PARKING AREAS.
A lighting system shall be installed on all off-street parking areas. This lighting system shall be designed to produce a minimum maintained average light level of one-half foot-candle on the entire parking facility's horizontal surface, including the parking spaces, the loading spaces and the vehicular and pedestrian circulation areas. The system shall have a maximum brightness ratio of 6 to 1. The lighting fixtures shall be hooded and so arranged and controlled as not to cause a nuisance either to highway traffic or adjacent properties. When the parking facility is open to the public during darkness, this lighting system shall be operating sufficiently to produce the required minimum of one-half foot-candle. All lighting designs are subject to review and approval by the City Planning Commission.
(Ord. 08-111. Passed 9-2-08; Ord. 13-152. Passed 2-4-14.)
1282.12 PARKING SPACE AND AISLE SIZES.
(a) Standard Spaces and Aisles. Each standard parking space and the associated aisle shall meet the following minimum dimensions, except in the case of spaces designated as accessible:
Stall Angle & Size | Aisle (ft) | ||
Angle | Length (ft) | Width (ft) | |
90° | 19 | 9 | 24 |
60° | 19 | 9 | 15 |
45° | 19 | 12 | 12 |
parallel | 23 | 9 | 12 |
(b) Accessible Parking Spaces. Off-street parking spaces reserved for individuals with disabilities shall be provided and designed to meet state requirements. The number, location, configuration and designation of accessible spaces shall comply with the most current iteration of "Accessible and Usable Buildings and Facilities," as adopted by the State of Ohio.
(Ord. 08-111. Passed 9-2-08; Ord. 20-40. Passed 4-7-20.)
1282.13 TABLE OF DESIGN DIMENSION FOR VARIOUS PARKING ANGLES. (REPEALED)
(EDITOR’S NOTE: Section 1282.13 was repealed by Ordinance No. 20-40, passed April 7, 2020.)
1282.14 LOADING FACILITIES.
Accessory loading and unloading facilities shall be provided as a condition precedent to occupancy of all business, service and industrial buildings hereafter erected and altered, and shall be maintained as long as such a building is occupied or unless equivalent facilities are provided in conformity with this chapter.
(a) Allocation of Use. Space required and allocated for any off-street loading facility shall not, while so allocated, be used to satisfy the space requirements for off-street parking. An off-street loading space shall not be used for repairing or servicing motor vehicles.
(b) Location of Facility. All required accessory loading facilities shall be related to the building and use to be served to provide for loading and unloading of delivery trucks and other service vehicles, and shall be so arranged that they may be used without blocking or otherwise interfering with the use of accessways, parking facilities, public streets or sidewalks. A required loading space shall not face or be visible from the frontage street and shall not be located in a required front yard, or in a required side or rear yard if adjoining a Residential District, unless entirely enclosed and approved by the Planning Commission.
(c) Access Driveways. Each required off-street loading space shall be designed for direct vehicular access by means of a driveway or driveways to a public street in a manner which will least interfere with adjacent traffic movements and interior circulation. The access drive of an off- street loading facility shall be located so that the driveway centerline shall be not less than 50 feet from the nearest intersecting street right-of-way line.
(d) Improvements. All accessory off-street loading spaces shall be improved as required for parking areas as set forth in Section 1282.10.
(e) Minimum Size Criteria. A required off-street loading space shall be at least 12 feet wide by at least 40 feet in length. The above area shall be exclusive of the maneuvering space, and each loading facility shall have a vertical clearance of at least 15 feet. Buildings of less than 5,000 square feet of floor area shall be provided with receiving platforms or other commensurate facilities.
(f) Truck Loading Spaces. A truck loading space shall be an accessible rectangle having a width of 12 feet and a length of 40 feet. Any overhead obstruction shall have a vertical clearance of 15 feet.
(g) Schedule of Required Loading Facilities. Accessory off-street loading spaces shall be provided as required herein for the following uses:
Use | Gross Floor Area of Building (sq. ft.) | Required No. of Spaces |
Retail stores, all types | Under 20,000 | 1 |
20,000 to 50,000 | 2 | |
50,001 to 100,000 | 3 |
Use | Gross Floor Area of Building (sq. ft.) | Required No. of Spaces |
Printing and/or publishing warehouses or storage establishments | Under 40,000 | 1 |
40,000 to 100,000 | 2 | |
Servicing, cleaning, repairing, testing or manufacturing establishments | Under 40,000 | 1 |
40,000 to 100,000 | 2 | |
Each additional 100,000 | 1 additional space |
(Ord. 08-111. Passed 9-2-08.)
1282.15 DRIVEWAYS TO PARKING AREAS.
The location, width and number of entrance and exit driveways serving accessory parking facilities, drive-in businesses, fee parking lots and public parking lots, shall be planned in such a manner as to interfere as little as possible with the use of adjacent property and the flow of traffic on the streets to which they connect.
Parking areas of up to 20 spaces shall have at least one two-lane driveway located at least 50 feet from the right-of-way line of the nearest intersecting street.
Parking areas of more than 20 spaces should, if possible, have two two-lane driveways located not less than 50 feet from the right-of-way line of the nearest intersecting street.
Entrance or exit driveways shall not exceed three lanes in width and be designed so that all cars can be driven forward into the street. The width of such driveways, measured at the street right-of-way line, shall conform with the following schedule:
Width of Driveway
| ||
Number of Lanes | Minimum (ft.) | Maximum (ft.) |
One | 10 | 12 |
Two | 18 | 24 |
Three | 27 | 36 |
The angle of intersection between the driveway and the street shall be between 70 degrees and 90 degrees. The radii of the edge of the driveway apron shall be at least 20 feet.
(a) Design Criteria. Driveway approach designs shall be approved by the Planning Commission for developments for which all parking spaces are provided. Driveway approaches on public streets may not be used to furnish circulation from one row of parking to an adjacent row of parking. This traffic circulation must be provided on private property.
(b) Backing onto Public Rights-of-Way is Prohibited. Backing a vehicle onto or from public rights- of-way is prohibited in all areas except one- and two-family residential areas located on streets that are classified as local or collector streets. Parking spaces shall be designed and arranged so that all maneuvering movements are on the private property.
(c) Access to Parking Spaces. All parking spaces must have convenient ingress and egress. Aisle lanes shall be clear and specifically delineated as necessary. All access to individual parking spaces shall be from aisle lanes within the parking facility or from a public alley. Final approval of aisle widths that are designated as fire lanes shall be determined by the North Royalton Fire Department and approved by the Planning Commission.
Note: An aisle way which provides direct access to parking stalls shall be a one-way aisle, except for parking stalls which are perpendicular or parallel to the aisle way, and where opposing directions are each provided in separate bays (two W-1 bays, see Section 1282.13(a)) or an opposing aisle is at least 13 feet wide in addition to W-1.
The parking space shall be designed so that the total process of entering and leaving a parking space shall be accomplished in no more movements than two forward and one reverse. No backing maneuver from a parking stall shall conflict or block the public street driveway approach. With the exception of parking facilities having attendant parking, designing of a parking space so as to require the movement of a vehicle to permit entry or exit from another parking space is not permitted.
(Ord. 08-111. Passed 9-2-08.)
1282.16 APPROVAL OF FACILITIES.
(a) Detailed drawings of accessory off-street parking and loading facilities shall be submitted in accordance with all the provisions of this chapter for review by the Planning Commission.
(b) The Planning Commission may require structural or landscape features such as bumper guards, curbs, walls, fences, shrubs, ground cover or hedges to further carry out the objectives of the Master Plan and of this Zoning Code before an application is approved and before a building permit or certificate of occupancy may be issued.
(Ord. 08-111. Passed 9-2-08.)
1282.17 LANDSCAPING AND SCREENING.
In the case of a new parking lot, the parking lot shall be landscaped to meet the standards of this section. In the case of an expanded parking lot, the existing and new sections of the parking lot shall both be landscaped to meet the standards of this section if the expansion area is more than twenty percent of the area of the existing parking lot. Otherwise, the requirement applies only to the expanded area of the parking lot.
(a) Street Frontages. In any area where a parking lot adjoins a public street right-of-way, a landscaped frontage strip at least six feet in depth, measured inward from the street right-of-way line, shall be placed on the private property. The frontage strip shall be planted with deciduous trees, at least two inches in caliper, spaced no more than forty feet apart, and evergreen and/or flowering shrubs at least two feet in height, spaced no more than four feet apart, as measured on centers.
(b) Islands. In a parking lot or parking lot area with ten or more parking spaces, landscaped islands, each at least 100 square feet in area, bordered by concrete curbs, shall be provided so that there are no more than twenty parking spaces in a continuous row, unbroken by a landscape island. At least one deciduous tree shall be planted in each island, with each tree at least two inches in caliper.
(c) Property Lines. A parking lot shall be bordered by a transition strip wherever the adjoining property is in residential zoning district. The transition strip shall be located on the property of the parking lot and shall be at least six feet in depth, measured inward from the property line. The transition strip shall be planted with deciduous or evergreen trees, at least six feet in height, spaced no more than fifteen feet apart, as measured on centers, and evergreen and/or flowering shrubs at least four feet in height, spaced no more than four feet apart, as measured on centers. An ornamental masonry wall of board-on-board wood fence, at six feet in heights, if approved by the Planning Commission, may be substituted for the required shrubbery.
(d) Landscape Irrigation. All landscaped areas shall be provided with mechanical irrigation systems, such systems shall be designed so as not to interfere with traffic on any public right-of-way.
(Ord. 20-40. Passed 4-7-20.)
1284.01 GENERAL PRINCIPLES AND PURPOSES.
(a) Located along Cuyahoga County's southern tier, North Royalton is a growing community facing immense growth pressures and comprises one of the larger areas of undeveloped land in Cuyahoga County. North Royalton lacks rail, water and/or air transport capabilities and has no direct freeway access. Bisected by the Ohio Turnpike, North Royalton's nearest freeway connection is at Royalton Road and I-71, 1½ miles to the west in Strongsville, Ohio. In order to preserve the city as a desirable community in which to live and do business, a pleasing, visually attractive suburban to rural environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations are prepared with the intent of enhancing both the suburban and rural environments that exist here in North Royalton and promoting the continued well-being of the city.
(b) It is the purpose of this division to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements. These sign regulations are intended to:
(1) Enable the identification of places of residence and business.
(2) Allow for the communication of information necessary for the conduct of commerce.
(3) Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.
(4) Enhance the attractiveness and economic well-being of the city as a place to live and conduct business.
(5) Protect the public from the dangers of unsafe signs.
(6) Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs.
(7) Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain.
(8) Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business.
(9) Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.
(10) Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.
(11) Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians.
(12) Require signs to be constructed, installed and maintained in a safe and satisfactory manner.
(13) Preserve and enhance the natural and scenic characteristics of this rural and suburban community.
(14) Control the design of signs so that their appearance will be aesthetically harmonious with the adjacent surrounding area.
(15) Encourage renovation and proper maintenance of signs; and
(16) Cause every sign in violation of any provision of this chapter to eventually be removed, altered or replaced so as to conform to the intent and specifications of this chapter.
(c) The Building Commissioner shall review, determine and take final action on all sign applications. All standards, regulations and criteria contained in this and other relevant codes shall be considered by the Building Commissioner in his or her decision.
(Ord. 07-103. Passed 4-1-08; Ord. 13-152. Passed 2-4-14.)
1284.02 COMPLIANCE REQUIRED; CONFLICTS; EXEMPTIONS.
(a) 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 this chapter.
(b) The construction, erection, safety and maintenance of all signs shall be in accordance with the Building and Housing Code of the City. The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the City.
(c) Whenever there is a conflict between provisions of this chapter and other applicable ordinances or resolutions, the more restrictive provision shall govern.
(d) The following categories of signs are exempt from and shall not be governed by the provisions of this chapter:
(1) Display of official public notices;
(2) Flags of any nation or any temporary or permanent City flag;
(3) Emblems or insignia of an official governmental body;
(4) Safety signs for maintenance or repairs of streets, sidewalks or public utilities;
(5) Temporary signs in connection with a recognized school event, charity event or homecoming activity;
(6) Window displays, such as merchandise located in a window, provided that all window signs are not exempt from these regulations;
(7) Scoreboards on athletic fields;
(8) Religious symbols;
(9) Gravestones;
(10) Commemorative plaques; and
(11) Any display or construction not classified or defined in this chapter as a sign.
(Ord. 1988-175. Passed 10-17-88.)
1284.03 CLASSIFICATIONS AND DEFINITIONS.
(a) Classification by Use Types. Signs shall be classified by use type as follows:
(1) "Permanent sign" means a sign designed for use for an indefinite period of time.
A. Permanent signs shall not be constructed with any material deemed "Temporary" such as poster board, card board, hardboard (Masonite), particle board, plywood or plastic material and mounted to wood, metal or wire frames or supports.
B. Permanent signs shall be constructed from quality materials that will withstand the variable weather of Northeast Ohio including but not limited to non-corroding metals, masonry, carved wood or solid-core PVC sign board, exterior rated acrylic, paint, and vinyl.
C. Permanent signs shall include the following:
(i) "Bulletin board" means an announcement sign which directs attention to and is located on the lot of a public or semipublic institution.
(ii) "Directional sign" means a sign indicating only the direction of pedestrian and vehicular circulation routes on the lot on which the sign is located. No advertising shall be permitted on directional signs.
(iii) "Free-standing sign" means a ground sign, pole sign or pylon sign typically located within a front yard setback.
(iv) "Identification sign" means a sign indicating the name and address of a building, development, public or semipublic facility, business, office or industrial establishment. For business uses, such sign may also include the principal type of goods sold or services rendered. However, the listing of numerous goods or services, prices, and sale items shall not be permitted.
(2) "Temporary sign" means a sign designed for use for a limited period of time to announce special events or sales and the sale, lease or rental of property. Temporary signs need not meet the structural criteria of a "Permanent Sign", shall be no larger than thirty-two square feet and shall not be more than six feet high. The time limits for expiration of the approval and the criteria for extension of that time period, if any, shall be part of the approval by the Building Commissioner. Temporary signs shall include the following:
A. "Portable sign" means a sign which is designed to be moved and is not permanently attached to any part of a building or to the ground.
B. "Project sign" means a sign which directs attention to the promotion, development and construction of the property on which it is located and which identifies the owner, architect, engineer, contractor and other individual or firm involved with the construction. A temporary project sign shall be removed immediately upon commencement of the intended use, sale of the property, substantial completion or the issuance of a certificate of occupancy, but not later than the period covered by permit.
C. "Real estate sign" means a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed. A temporary real estate sign shall be removed immediately upon the sale of the property.
D. "Other temporary signs" including but not limited to temporary banners announcing sales, new products or special business events may be permitted in addition to the maximum gross area of a permanent business sign, and such signs may be placed on the inside of windows and doors and on the exterior of the building, provided that the gross area of all the temporary signs does not exceed twenty percent of the maximum area of permanent signs permitted for each establishment and provided that such temporary signs are not displayed more than 90 consecutive days.
(b) Classification by Structural Types. Signs shall be classified by structural type as follows (see also Illustration G):
(1) "Building sign" means the following:
A. "Canopy sign" means a sign attached to the soffit or fascia of a canopy, covered entrance or walkway, or to a permanent awning or marquee, and not projecting beyond the edges of the same.
B. "Projecting sign" means a sign attached to an outside building wall and which projects at a ninety-degree angle therefrom.
C. "Roof sign", no longer permitted, and considered to be nonconforming, means a sign which is mounted on the rooftop deck of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof.
D. "Wall or panel sign" means a sign integral with the face of an exterior building wall or mansard roof (when used as an architectural feature, canopy or covered walkway) or attached to and parallel with the wall or roof.
E. "Window sign" means a sign painted, attached or affixed to the interior surface of windows or doors of a building.
(2) "Free-standing sign" means the following:
A. "Ground sign" means a sign not exceeding seven feet in height, which may have a supporting base as an integral part of the sign, resting totally on the ground or on two or more short poles or columns not exceeding twenty-five percent of the total sign height.
B. "Pole sign", no longer permitted, and considered to be nonconforming, is a sign which is supported by or suspended from a free-standing column or columns and more than seven feet high.
C. "Pylon sign" means a sign exceeding seven feet, but not more than ten feet, in height, whose sign face area extends from the top of the sign to within one foot of the ground. The support structure must present one solid face per side and be at least three fourths the width of the sign face.
(c) Additional Definitions:
(1) "Building Commissioner" for the purposes of this Chapter, when reference is made to the Building Commissioner, that shall mean and include his or her designee.
(2) "Changeable copy sign" means a sign, or any portion thereof, where the message or graphics are not permanently affixed to the structure, framing or background and may be periodically replaced or covered over, manually or by mechanical devices.
(3) "Electronic moving message/digital display sign" means a sign, or portion thereof, that displays electronic text information, or still images, graphics or pictures, with or without information. The message shall be defined by a small number of matrix elements using different combinations of light emitting diodes (led's), fiber optics or other illumination devices within the display area, and the message change sequence shall be accomplished immediately or by means of face, repixalization, or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays.
(4) "Informational sign" means a sign which presents miscellaneous information to the public and does not promote a business, office, industry, product or issue. Typical informational signs present scheduled events, travel information, vehicle service, weather, time and historic and scenic data.
(5) "Nameplate" means a sign indicating the name, address or profession of the person or persons occupying a building or unit of a building.
(6) "Organizational sign" means a sign devoted exclusively to the identification of national, State and local service clubs and the location and meeting dates of such clubs. The number, location and design of organizational signs shall be approved by the Building Commissioner.
(7) "Sign" as used in this chapter, means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
(Ord. 07-103. Passed 4-1-08; Ord. 16-145. Passed 10-4-16.)
ILLUSTRATION G:
Types of signs
Types of signs
1284.04 GENERAL REQUIREMENTS.
(a) Measurement Standards.
(1) Sign Area. That portion of a sign to be considered in determining its dimension shall be the area that is normally visible from any one direction. For example, a single-faced rectangular wall sign measuring four feet by six feet would have a sign area of twenty-four square feet. Free-standing signs may, however, have more than a single sign face. In such case, the maximum permitted sign face area for a single sign face shall apply to all sign faces. For example, if a sign face area of twenty-four square feet is permitted for a single sign face, a double-faced sign is permitted twenty-four square feet of sign face area for each sign face, or a total of forty-eight square feet. Frames and structural members not including advertising matter shall not be included in calculation of surface area. A logo, however, is to be considered part of the sign. The area shall be measured by the smallest square, rectangle or triangle, or any combination thereof, which will encompass the entire advertising device, including border, trim, cutout and extension.
(2) Building and Lot Frontages. Whenever the area of a sign is related to the size of the building or lot, the following shall apply:
A. The frontage of a building shall be the width of the facade of the building (excluding any roof overhang or non-bearing decorative walls) which faces the principal street or contains the main entrance. If a building is divided into units, the building unit frontage shall be the width of the unit, as measured from the party wall centerlines, on the frontage of the building.
B. The frontage of a lot not covered by a building shall be the number of linear feet the lot abuts on the principal street.
C. The maximum gross area of all permanent signs for each tenant occupying a building, or unit of a building, shall be related to the width of the building unit, adjusted, however, so that smaller establishments may be permitted reasonable sign areas and so that the large establishments may not have excessive sign areas.
(3) Temporary Window Sign Coverage. In determining the percentage of window area covered by temporary signs, each facade or side of the building shall be considered separately. Window area shall be measured to include all windows and the glass portions of doors, but shall exclude all such area covered by permanent signs or other relatively permanent material.
(4) Sign Height. The height of free-standing signs shall be measured from the base of the sign at its point of attachment to the ground to its topmost element. However, if the support of a free-standing sign is attached to a wall or other man-made base, including a graded earth mound, the sign height shall be measured from the grade of the nearest street, drive or parking area, as determined by the Building Commissioner.
(5) Sign Location. In determining the location of signs in relation to lot lines, including zoning district and street right-of-way lines, distances shall be measured from the vertical projection of the lot line, zoning district line or street right-of-way line to the closest point on the sign.
(6) Corner Lots.
A. Buildings, building units or lots with frontage on two public streets may be permitted additional signage along the secondary street, provided that such additional signage shall not exceed 20% of the area of the signage permitted along the main facade, and provided, further, that such signage shall not exceed the number of signs permitted for the principal facade and street. There shall be no greater than one building sign per street face and a maximum of two building signs per building.
B. In the case of building units within a building, an individual building unit must have direct frontage and customer entrances on both the principal street as well as the secondary street to be eligible for any additional signs under this subsection.
(b) Design Standards. Signs, as permitted in the various zoning districts, shall be designed so as to be similar in character with regard to material, color and size to signs designed or located on the same building and on adjoining buildings in order to equalize the attention they are meant to attract and to produce an overall unified effect, and in accordance with the following standards:
(1) Sign Bands Across Multiple Store Fronts. In the case of a strip center-type business building that provides an unbroken "sign band" across multiple store fronts, the Building Commissioner may, for reasons of aesthetics and balance, approve signs that may not comply with the requirement that a sign shall be set back three feet from the party wall of the business to which it pertains.
(2) The elements of the sign shall create an overall cohesive design, reflect simplicity, avoid visual clutter and ensure legibility. To that end, each sign shall:
A. Be consolidated into a minimum number of elements, whether words, symbols or graphics.
B. Have a simple shape.
C. Have appropriate contrast.
D. Be designed with a limited number of, and harmonious use of, color.
E. Be constructed with a minimum number of materials.
F. The number of items of information displayed shall be limited to ten items. An "item of information" includes a symbol, geometric shape, logo, word, abbreviation or number, or a grouping of letters or numbers which together convey meaning.
(3) Window signs shall have a clear background. A maximum of eight window signs is allowed.
(4) No part of a sign is allowed to extend above parapet, eave or gutter line.
(5) Projecting Signs. Projecting signs may be attached to the building wall or canopy and project at an angle of approximately 90 degrees for a distance of not more than three feet. Projecting signs shall be located not less than five feet from a party wall line, and the lowest member of a projecting sign shall be at least eight feet above a public sidewalk. Signs shall not project into any dedicated right-of-way or private drive.
(6) Ground Signs. Permanent ground signs shall not extend higher than seven feet above the finished grade or what is permitted within the zoning district, whichever is lower.
(7) Vertical Dimensions. The lowest member of all signs, with the exception of ground signs, which project or are supported on posts, shall be not less than eight feet above the finished grade of a sidewalk or any other pedestrian way. If located over a pavement used for vehicular traffic or within 18 inches of the vertical projection of the edges of such pavement, the lowest member of the sign shall be not less than 15 feet above the finished pavement.
(8) Relation to Windows, Doors and Emergency Means of Egress. Signs shall not project over or obstruct the required windows or doors of any building, shall not be attached to or obstruct a fire escape, and shall not interfere with other safety provisions as may be further regulated in the Building and Housing Code or the Fire Prevention Code of the City.
(9) Relation to Traffic Devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections, street sight lines or signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow", etc., and the movement, content, coloring or manner of illumination shall not resemble highway traffic signs.
(10) Corner Lots. No sign shall be allowed within a triangle formed between points on the front and side lot lines within 35 feet from their intersection.
(11) Changeable Copy Sign shall include mechanical and manual changeable copy. Changeable copy signs shall be permitted in industrial, public facility and business districts only and subject to the following limitations:
A. Changeable copy signs may be included as an integral part of the area of a permitted pylon or ground sign, provided that the changeable copy portion does not exceed 30% of the total sign face area of the sign. The items of permanent information shall be modified according to the following schedule:
Changeable Copy Area As a Percent Total Sign Area | Maximum Number of Permanent of Items of Information |
No changeable copy: | 10 |
Up to 25%: | 7 |
26-30%: | 4 |
B. All changeable copy shall comply with the lettering style, lettering color, background color and all other elements approved by the Building Commissioner but in no event display more than four lines of characters at one time with a maximum total sign text limited to ten items to allow passing motorist to read the entire copy with minimal distraction; and
C. The changeable copy or any portion of the message shall have a minimum duration of eight seconds and must be a static display. No portion of the message may flash, scroll, twirl, change color, fade in or out, or in any manner imitate movement; and
D. The changeable copy shall otherwise demonstrate compliance with all other provisions of the zoning district in which the sign is located and North Royalton Ordinance Chapter 1284; and
E. Changeable copy signs shall be permitted on the site of the use identified or advertised by the sign. No off site advertising or messages shall be displayed; and
F. Audio speakers or any form of pyrotechnics are prohibited in any sign.
(12) Movement Restrictions. No sign shall employ any parts or elements or lights which revolve, rotate, whirl, spin, flash or otherwise make use of motion to attract attention. Posters, ribbons, streamers, spinners, or other similar devices for the purpose of advertising or attracting attention are prohibited.
(13) Continuity. Signs and their placement shall be considered in relation to their surroundings and, if seen in series on a building wall, shall have continuity of design with respect to shape, materials and colors.
(14) Style and Color. The style or design of signs shall be consistent throughout a particular building. The colors of signs shall be compatible with the color of the building facade and other existing and proposed signs.
(15) Graphics. The lettering on a sign shall be clearly legible and in scale with the sign surface upon which it is placed.
(16) Materials. Signs shall be constructed of materials which are of appropriate quality and durability and which are compatible with the materials of the building upon which such signs are placed.
(17) Construction Specifications.
A. Compliance with Building Code. All signs shall comply with the appropriate detailed provisions of the Ohio Building Code relating to construction, design, structural members and connections. Signs shall also comply with the provisions of the National Electrical Code and the additional construction standards hereinafter set forth in this section.
B. Construction of Signs, Auxiliary Specifications.
(i) Identification and marking. Each sign hereafter erected or remodeled shall bear, in a permanent position thereon a clearly legible identification plate stating the name and address of the owner of the sign, and the person, firm or corporation responsible for its construction, erection and the date of erection.
(ii) Obstruction to exits. No sign shall be erected, constructed, or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
(iii) Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provision of the building or fire prevention code.
(iv) Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. In no instance shall a sign be installed closer than twelve inches, horizontally or vertically, from any conductor or public utility guy wire.
(18) Free-Standing Signs - Materials. All free-standing sign structures shall be self-supporting structures erected on and permanently attached to concrete foundations. Foundations shall be designed to carry weight and wind load of the sign, in soil which it is placed. Such structures shall be fabricated only from painted or galvanized steel, or such other materials as may provide equal strength.
(19) Electric Signs. The full number of illuminating elements thereof shall be kept in safe and working condition or immediately repaired or replaced, if faulty. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated. All electric signs shall have a disconnect switch.
(20) Glass. When glass is used for sign letters or transparent or translucent panels, it shall be at least double strength thickness for sign areas up to and including three hundred square inches. When glass is used for sign letters or transparent or translucent panels for sign areas in excess of three hundred square inches at least one-quarter inch wire glass shall be used and the maximum span between supports shall be four feet.
(21) Plastic. Plastic shall be of thickness and type necessary to withstand local wind loadings. Proper allowance or provision shall be made in connections to provide for thermal contraction and expansion.
(22) Strength of Parapet, Wall. A parapet wall must be designed for and have sufficient strength to support any sign which is attached thereto.
(23) Supports and Braces. Metal supports or braces shall be adequate for all loading, imposed on the sign. All metal, wire cable supports and braces and all bolts used to attach sign to bracket or brackets and signs to the supporting building or structure shall be of galvanized steel or of an equivalent material. All sign supports shall be an integral part of the sign design.
(24) Wind Loads. The sign and all of the associated elements shall be designed to withstand all of the wind loads imposed on the structure.
(25) Sign Anchoring. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action, unless specifically designed by means of bearings or other methods approved, to allow for movement.
(26) Landscaping requirements for allowed ground signs are as follows:
A. Salt or drought-resistant plants shall be stressed for inclusion into project.
B. Plant material that displays year-round interest shall be used around the base of the sign.
C. Plant material shall be designed to screen light fixtures from view.
D. Whenever possible, landscaping should extend around all four sides of permissible ground signs.
E. Within TCD-1 and TCD–2, landscaping shall be irrigated.
(27) Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign.
(c) Illumination.
(1) Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets and shall not be of such brightness as to cause glare that may be hazardous to pedestrians or auto drivers or so as to cause reasonable objection from adjacent Residential Districts.
(2) In Public Facilities, only nameplates and bulletin boards may be illuminated. All signs in Business and Industrial Districts may be illuminated. Parking lot signs and temporary subdivision signs may be illuminated in accordance with the provisions of this section.
(d) Electronic moving message/digital display signs.
(1) Electronic moving message/digital display signs shall be sympathetic to the surrounding area and shall maintain the existing characteristics of the city. Such signs shall be permitted in industrial, public facility and business districts. Such signs are permitted only on a property under a single ownership exceeding two (2) acres in area, and having at least 200 feet of frontage on a single public right of way, in accordance with the following regulations and other applicable regulations of this chapter.
A. Electronic moving message/digital display signs, shall comply with the following:
(i) Subject matter. The sign can only advertise establishments or events actually located upon the specific property.
(ii) Hours. The sign can only operate during the actual hours of business for establishments located on the specific property.
(iii) Frequency. Copy (lettering) change shall not be more frequent than once per 15 seconds. There shall be a three (3) second "pause" in which a still image or blank screen is shown following every message.
(iv) Prohibited signs.
a. Flashing sign - a directly or indirectly illuminated sign, or portion thereof, that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling, or sparkling;
b. Spinning;
c. Rotating; and
d. Video - imagery produced by signs that have the capability of processing up to 30 frames per second.
B. Color. Copy (lettering) shall be capable of producing a full color spectrum.
C. Brightness.
(i) All digital displays shall be illuminated.
(ii) At a level no greater than 0.3 foot candles over ambient light levels for location and time when measured at the recommended distance based on the digital display size, and shall employ light cut-off devices, such as but not limited to louvers, in order to minimize light escaping above a horizontal plane.
(iii) All digital displays must be equipped with both a dimmer control and photo sensor, which will automatically adjust the display intensity according to natural ambient light conditions.
(iv) Digital displays may not display light of an intensity or brilliance to cause glare or otherwise impair vision of the operator of a motor vehicle.
D. Spacing. There shall be a minimum distance of 200 feet between electronic moving message/digital display signs.
E. Number of signs. One electronic moving message/digital display sign shall be permitted per single property.
F. Illumination. At no time shall the total face illumination area fall below 98%.
G. Images. There shall be not more than three (3) separate images on one sign at one time.
H. Maintenance. A default mechanism must be provided to turn the sign off in case of malfunction.
(2) Electronic moving message/digital display Bottom of Form signs shall be limited to ground (monument) signs only, subject to number, size, and setback requirements in the zoning district specific regulations. The digital display shall be fully framed and shall not exceed fifty percent (50%) of the total area of the sign.
(3) All electronic moving message/digital display signs, and parts thereof, shall be securely constructed in conformance with applicable city building, fire and electrical codes, and with the applicable standards of this chapter. All signs shall have a surface of facing materials which are durable for the intended life of the sign. All signs shall be attached in compliance with applicable local and state codes. The electrical connections shall be concealed, and the electrical conduits shall be installed below grade, where not in conflict with the most recently adopted edition of the national electrical code.
(Ord. 1988-175. Passed 10-17-88; Ord. 06-112. Passed 11-8-06; Ord. 16-145. Passed 10-4-16; Ord. 24- 117. Passed 10-1-24.)
1284.05 DESIGN STANDARDS.
(EDITOR’S NOTE: Section 1284.05 was repealed by Ordinance 16-145, passed October 4, 2016.)
1284.06 ILLUMINATION.
(EDITOR’S NOTE: Section 1284.05 was repealed by Ordinance 16-145, passed October 4, 2016.)
1284.07 SIGNS IN RESIDENTIAL DISTRICTS.
Accessory signs in Residential Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations as provided in this section. Signs identified in this section, listed in subsections (a), (c), (d), (e) and (g), need not meet the structural criteria listed in Section 1284.03(c).
The types of signs permitted as to use, structure, size and number for each dwelling or lot shall be as follows:
(a) One nameplate indicating an occupant's name and house number, not exceeding two square feet in area, may be located on any building or lot but not less than five feet from any side lot line and ten feet from any street right-of-way line.
(b) In a Multifamily District one permanent identification sign, indicating the name, owner or manager of the multifamily project, not exceeding twenty square feet in area and five feet in height, may face each major street, but shall not be less than fifty feet from a side lot line and twenty-five feet from any street right-of-way.
(c) One directional or no-trespassing sign, not exceeding four feet in area and three feet in height, shall be permitted on any building or lot, located not less than five feet from any side lot line and ten feet from any street right-of-way line.
(d) One real estate sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed, not exceeding six square feet in area or four feet in height, shall be permitted for each dwelling or lot, provided that such sign shall be located not less than twenty-five feet from any side lot line and ten feet from any street right-of-way line. Illumination shall not be permitted. "Room for Rent" signs shall not be permitted.
(e) One subdivision project sign per entrance, not exceeding 100 square feet in total area and six feet in height, may be permitted while a subdivision is under construction, provided that such sign is located on the parcel being developed and is not less than 100 feet from any occupied residence and not less than twenty-five feet from the nearest street right-of-way. The permit for such sign shall be for a period not exceeding one year. However, such permit may be renewed while construction is pursued diligently. An extension of the permit may be granted if deemed necessary by the Building Commissioner upon application by the owner. A project sign may be removed immediately upon commencement of the intended use, but not later than the initial or succeeding one-year period covered by permit.
(f) One bulletin board or announcement sign, not exceeding twenty square feet in area or five feet in height, may be located on the premises of a public, semipublic, charitable or religious institution in a Residential or Public Facilities District, but not less than fifty feet from any residential lot line or less than fifteen feet from the nearest street right-of-way line. Indirect illumination shall be permitted.
(g) Political signs shall be permitted as follows:
(1) With these regulations, it is the City's intent not to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article 1 § 11 of the Ohio Constitution. All provisions of this chapter are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the right of its residents.
(2) Political signs are permitted on private property with the following health and safety restrictions:
A. No political sign shall be erected or maintained so as to prevent free ingress and egress from a door, window or fire escape, nor shall any political sign obscure any other sign which directs attention to an emergency exit, fire extinguisher or other safety device.
B. No political sign shall be erected or maintained so as to obstruct any system of ventilation nor to violate any provision of local or State building codes.
C. All political signs shall be maintained in a safe, attractive, clean and inoffensive condition.
D. No political sign shall be erected or maintained on any public property including but not limited to the City right-of-way.
E. No political sign shall be directly illuminated.
F. No political sign shall make use of the words "stop", "look", "danger" or any other word, phrase, symbol or character as to tend to interfere with, mislead or confuse operators of motor vehicles on any public streets.
(3) Removal or alteration of illegal signs.
A. If the Building Commissioner finds that any political sign regulated herein has been erected, placed, displayed or maintained in a manner inconsistent with any provision of this section, the Building Commissioner shall give written notice to remove or alter such sign. This written notice to remove or alter such sign shall be given to the property owner, to the spouse or agent of the property owner or to the respective candidate, committee or person otherwise responsible.
B. If the person notified under paragraph (g)(3)A. hereof does not remove or alter the sign as required by the written notice from the Building Commissioner, within three days of receipt of such notice, such person shall be subject to the penalty provided in Section 1262.99(f).
(4) Motor vehicle political sign. Nothing in this section shall prohibit the display of political signs on motor vehicles.
(h) No more than two, illuminated subdivision ground signs, per entrance to the subdivision, not exceeding seventy-five square feet in total sign area and four feet in height, indicating the name of the subdivision or residential development, shall be permitted. Such signs shall be set back not less than ten feet from an arterial or collector street right-of-way line, not less than twenty- five feet from any side lot line and not less than 100 feet from any occupied residence. Illumination of signs must be from a ground mounted light source that washes only the front of the signs. Such signs shall identify and be part of the architectural treatment of the subdivision. Subdivision ground signs and the illumination of such are discouraged in RRZ districts, and are regulated under Section 1273.12.
(i) Memorial signs shall be permitted, provided that such signs do not exceed two square feet in area and are constructed of bronze or other noncombustible material and are permanently affixed to the building or premises therein.
(j) Security signs shall be permitted, provided that such signs may only be of a type which is readily affixed to a window, such as a decal or sticker not exceeding fifteen square inches in area, or a metal or plastic sign inserted in the ground not exceeding sixty-four square inches in area.
(k) One temporary home improvement project sign directing attention to the promotion, development and/or construction of the property for which it is located not exceeding six square feet shall be permitted for each dwelling while under construction, provided that such sign shall be located no less than twenty-five feet from any side lot line and ten feet from any street right-of-way and shall include an expiration date as established by the Building Department. Said sign must be removed not later than one week after completion of project.
(Ord. 1988-175. Passed 10-17-88; Ord. 93-66. Passed 4-6-93; Ord. 93-67. Passed 4-6-93; Ord. 05-16. Passed 5-4-05; Ord. 05-57. Passed 7-19-05; Ord. 07-103. Passed 4-1-08; Ord. 09-104. Passed 10-6-09; Ord. 13-12. Passed 1-15-13.)
1284.08 SIGNS IN PUBLIC FACILITIES DISTRICTS.
Accessory signs in Public Facilities Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:
(a) One bulletin board, announcement sign or property designator, not exceeding fifty square feet in area and not exceeding eight feet in height, may be permitted on the premises of each public facility and educational facility, provided that such sign is set back at least fifty feet from any adjoining Residential District boundary and twenty-five feet from any street pavement edge.
(b) A nameplate not exceeding two square feet may be placed on each building or lot, but not less than twenty-five feet from any side lot line and five feet from the street right-of-way line.
(c) Directional and informational signs not exceeding six square feet in area may be permitted on any building or lot, but not less than twenty-five feet from any lot line and five feet from the street right-of-way line.
(Ord. 1988-175. Passed 10-17-88; Ord. 90-273. Passed 2-5-91.)
1284.09 SIGNS IN BUSINESS DISTRICTS GENERALLY.
Accessory signs in Office Building, Local Business, General Business, Motorist Service and Shopping Center Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:
(a) Use Types Permitted. The following use types shall be permitted in Business Districts:
(1) Business signs.
(2) Directional signs.
(3) Nameplates.
(4) Identification signs.
(5) Real estate and project signs of a temporary nature.
(b) Maximum Area Permitted. The maximum gross area of all permanent signs permitted for each separate use occupying a building, or unit of a building, shall be related to the width of the building unit thereof or lot occupied by a building, adjusted, however, so that smaller establishments may be permitted reasonable sign areas and so that the large establishments may not have excessive sign areas. The area of signs accessory to a building or unit thereof shall be determined as follows:
(1) Maximum sign face area for business uses. The total maximum sign face area for all permanent signage permitted for a business use or uses shall be determined by the following formula:
(Business building frontage x 1.20 plus 20 square feet)
(2) Maximum sign face area for business buildings or units thereof. The total maximum sign face area permitted for all signage on a business building or unit thereof shall be determined by the following formula: (Building or building unit width x 1.0)
(Ord. 1988-175. Passed 10-17-88.)
1284.10 LOCATION AND SUPPLEMENTARY AREA REGULATIONS FOR SIGNS IN BUSINESS DISTRICTS.
Accessory signs in any Business District shall be controlled by locational and supplementary area regulations as follows:
(a) A single wall sign shall not exceed 150 square feet in total area.
(b) Projecting signs shall be limited to not more than one for each establishment or store unit and shall not exceed twenty square in total area for each face visible from any location on a public way. Projecting signs shall be located not less than five feet from a side lot line and not less than thirty-five feet from a Residential District boundary line. Signs shall not project into any dedicated right-of-way or private drive.
(c) Marquee, canopy or covered-walk signs may be attached to the underside of a structural member over a walkway. However, the vertical dimension of such signs shall not exceed eighteen inches, and the lowest member shall be not less than eight feet above the sidewalk grade. The total area of any sign attached to a canopy or covered walk shall not exceed five square feet. For canopy structures which shelter gas station service islands, no signs shall be displayed on the canopy fascia area, and the fascia area shall be nonilluminated and shall be designed in a manner which does not call attention to the canopy structure.
(Ord. 1988-175. Passed 10-17-88.)
(d) One ground sign may be located within a required yard, provided that it is on a lot with a minimum street frontage of 75 feet and that it is not less than 25 feet from another business lot, or not less than 25 feet from edge of the street pavement, and not less than 50 feet from a Residential District line. The maximum gross area of a ground sign shall be 80 square feet.
(Ord. 90-241. Passed 1-2-91.)
(e) In lieu of the above permitted ground sign, a unified commercial or office complex under a common ownership exceeding 100,000 square feet in gross floor area shall be permitted a pylon sign where the area per side does not exceed the area as defined in Section 1284.03(c)(2)C. and ten feet in height. The contents of the sign shall be limited to the name of the unified commercial or office complex.
Individual store or business signage shall not be permitted on a pylon sign and shall be limited to business signage attached to the building or unit thereof proposed. Pylon, or unit sign details shall be submitted to and approved by the Building Commissioner.
(f) Permanent directional signs indicating traffic routes and similar functions shall be permitted in addition to the limitations of this section, provided that each sign does not exceed six square feet in area and is not closer than twenty-five feet to any side lot line and five feet to the street right- of-way line.
(g) A project sign may be removed immediately upon commencement of the intended use, but not later than the period covered by permit.
(h) Other temporary signs including but not limited to temporary banners announcing sales, new products or special business events may be permitted in addition to the maximum gross area of a permanent business sign, and such signs may be placed on the inside of windows and doors and on the exterior of the building, provided that the gross area of all the temporary signs does not exceed twenty percent of the maximum area of permanent signs permitted for each establishment and provided that such temporary signs are not displayed more than 90 consecutive days.
(i) Special Signs Districts (to include oversized ground or wall signs), for purposes of creating an integrated sign theme, may be established by ordinance in response to a petition by a majority of sign users within a Business District. The sign theme must not violate safety standards of the Building and Housing Code of the City and/or other requirements of this Zoning Code (with the exception of size requirements). A detailed plan should be submitted in accordance with the provisions of Sections 1276.13 and 1276.14 for approval. Upon approval, a two-thirds affirmative vote by Council is required to establish a Special Sign District.
(j) Multiple business signs, i.e. signs identifying stores and services located within the same building, shall be designed in such a manner that their appearance will be harmonious and compatible in character regarding their method of construction, materials, color illumination and combined size so as to achieve an overall unified effect.
(k) Within a commercial area or development, where multiple storefronts are situated side by side, the level of variety or cohesiveness in the design of the signs should be commensurate with the architecture of the building:
(1) Variety in the design of signs among different storefronts should be encouraged when the architecture of the buildings suggests variety.
(2) Storefronts with common architectural elements should have signs that share continuity of design so that the design and placement of individual signs contribute to the cohesive appearance created by the common architectural elements.
(Ord. 1988-175. Passed 10-17-88; Ord. 98-172. Passed 11-4-98; Ord. 06-112. Passed 11-8-06; Ord. 07-103. Passed 4-1-08; Ord. 08-164. Passed 7-15-08; Ord. 13-152. Passed 2-4-14; Ord. 24-118. Passed 10-1-24.)
1284.11 SIGNS IN INDUSTRIAL DISTRICTS GENERALLY.
(a) Scope. Accessory signs in Research-Office, Commercial Service, General Industrial Districts and Unified complexes or parkways shall follow the regulations described within this ordinance (Chapter 1284
Signs) with the exception of special regulations identified for Industrial Districts.
(b) Use Types Permitted. The following use types shall be permitted in Industrial Districts:
(1) Directional signs.
(2) Identification signs.
(3) Nameplate.
(4) Real estate and project signs of a temporary nature.
(c) Structural Types Permitted. The following structural types shall be permitted in Industrial Districts:
(1) Identification Signs - permanent Wall/Panel signs.
(2) Freestanding - permanent Ground/Pylon signs.
(3) Freestanding - permanent Directional signs.
(d) Maximum Gross Area and Number Permitted. Allowable permanent signs shall conform to the structural type, maximum number and area limitations set forth as follows:
(1) Permanent Signs attached to Buildings shall comply with Table 1284.11(d)(1).
(2) Permanent freestanding ground of pylon signs shall conform with Table 1284.11(d)(2).
(3) A unified complex or parkway consisting of three (3) or more buildings served by a common local access road shall be permitted a supplemental freestanding identification sign at the entry to the development and shall conform with Table 1284.11(d)(2).
(e) Locating Freestanding Ground or Pylon Signs.
(1) Signs in Industrial Districts shall be located so as to maintain the same setback and yards as required for buildings, except that one commercial or industrial ground sign may be permitted within the required yards.
(2) In no circumstance shall freestanding signs obstruct the site lines of traffic.
Table 1284.11(d)(1) Permanent Signs Attached to Buildings in Industrial Districts | |||
Type | Maximum Number Permitted | Maximum Sign Face Area Allowance | Maximum Area |
Table 1284.11(d)(1) Permanent Signs Attached to Buildings in Industrial Districts | |||
Type | Maximum Number Permitted | Maximum Sign Face Area Allowance | Maximum Area |
Research-Office District | |||
Nameplate | 1 per address | Not Applicable | 2 square feet (a) |
Wall or Panel Sign (b) | 1 per building | 1 square foot for each linear foot of building frontage. | 75 square feet |
Commercial Service District | |||
Nameplate | 1 per address | Not Applicable | 2 square feet (a) |
Wall or Panel Sign (b) | 1 per building or 1 per each tenant | 1-1/4 square feet for each linear foot of building frontage | 75 square feet |
General Industrial District | |||
Nameplate | 1 per address | Not Applicable | 2 square feet (a) |
Wall or Panel Sign (b) | 1 per building or 1 per each tenant | 1-1/2 square feet for each linear foot of building frontage | 75 square feet |
(a) Area of nameplate sign can be reasonably modified by the Building Commissioner due to sight lines or visibility. (b) Buildings that require identification at entrances may be permitted up to 1 additional wall or panel sign but must keep within the square footage allowance for the building. | |||
Table 1284.11(d)(2) Freestanding Ground, Pylon or Directional Signs in Industrial Districts | ||||
Type | Maximum Number Permitted | Maximum Sign Face Area Allowance | Maximum Height | Minimum Setback |
Ground Sign (a)(c)(d) | 1 | 75 square feet per side | 7 feet | 25 feet to the edge of the street or pavement (d) |
Pylon Sign (b)(c)(d) | 1 | 100 square feet per side | 10 feet | 25 feet to the edge of the street or pavement (d) |
Directional Signs (e)(f)(g) | 2 per driveway | 4 square feet | 6 feet | 5 feet from public right-of-way and edge of pavement |
(a) Permitted information: The name and address of the facility and the name(s) of the tenant. (b) Permitted information: The name and address of the unified complex or parkway and the name(s) of the tenants located in the unified complex. (c) A unified complex or parkway is allowed: 1 sign, either a ground or Pylon Sign. (d) Signs shall be located no less than 100 feet from any adjacent Residential District. The distance to Residential District can be modified to 50 feet by the Building Commissioner for lot widths consisting of less than 200 feet. (e) Permitted information: indicates direction to specific buildings within the complex as well as ingress and egress routes. (f) Letter heights for directional shall be at least 2-1/2 inches. (g) Additional Directional Signs may be permitted at the discretion of the Building Commissioner to provide for additional pedestrian and vehicular traffic. | ||||
(Ord. 1988-175. Passed 10-17-88; Ord. 16-145. Passed 10-4-16; Ord. 24-171. Passed 11-19-24.)
1284.12 SIGNS IN TOWN CENTER DISTRICTS.
(a) Scope. Accessory signs in Town Center Districts (TCD) shall follow the regulations described within this ordinance (Chapter 1284
Signs) with the exception of special regulations identified for Town Center Districts.
(b) Use Types Permitted. The following use types shall be permitted:
(1) Directional signs.
(2) Identification signs.
(3) Nameplate.
(4) Real estate, project signs and signs of a temporary nature.
(c) Structural Types Permitted. The following structural types shall be permitted:
(1) Identification Signs - permanent Wall/Panel signs.
(2) Identification Signs - permanent Window signs.
(3) Identification Signs - permanent Canopy signs.
(4) Freestanding - permanent Ground/Pylon signs.
(5) Freestanding - permanent Directional signs.
(d) Maximum Gross Area and Number Permitted. Allowable permanent signs shall conform to the structural type, maximum number and area limitations set forth as follows:
(1) Permanent Signs attached to Buildings shall comply with Table 1284.12(d)(1).
(2) Permanent freestanding ground of pylon signs shall conform with Table 1284.12(d)(2).
(3) Ground signs are not permitted in TCD -2 except as provided in Section 1284.17(s).
(4) A unified complex or parkway consisting of four (4) or more buildings served by a common local access road shall be permitted a supplemental freestanding identification sign at the entry to the development and shall conform with Table 1284.12(d)(2).
Table 1284.12(d)(1) Permanent Signs Attached to Buildings in Town Center Districts | |||
Type | Maximum Number Permitted | Maximum Sign Face Area Allowance | Maximum Area |
Nameplate | 1 per address | Not Applicable | 2 square feet (a) |
Wall or Panel Sign | 1 per building or 1 per each tenant (b) | 1-1/4 square feet for each linear foot of building frontage | 75 square feet |
Window | Not Applicable | Not Applicable | 15% or less of the window area |
Canopy or Awning Sign | Not Applicable | 10 square feet per awning/canopy face | Not Applicable |
(a) Area of nameplate sign can be reasonably modified by the Building Commissioner due to sight lines or visibility. (b) Buildings that require identification at entrances may be permitted up to 1 additional wall or panel sign but must keep within the square footage allowance for the building. | |||
Table 1284.12(d)(2) Freestanding Ground, Pylon or Directional Signs in Town Center Districts | ||||
Type | Maximum Number Permitted | Maximum Sign Face Area Allowance | Maximum Height | Maximum Setback |
Ground Sign (a)(c)(d) | 1 | 32 square feet per side | 5 feet | 25 feet to the edge of the street or pavement (d) |
Pylon Sign (b)(c)(d) | 1 per each street frontage containing a vehicular access | 70 square feet per side | 10 feet | 25 feet to the edge of the street or pavement (d) |
Directional Signs (e)(f)(g) | 2 per driveway | 4 square feet | 6 feet | 10 feet from public right-of-way |
(a) Permitted information: The name and address of the facility and the name(s) of the tenants. (b) Permitted information: A unified commercial or office complex under a common ownership exceeding 100,000 square feet in gross floor area shall be permitted a pylon sign. The contents of the sign shall be limited to the name of the unified commercial or office complex. Individual store or business signage shall not be permitted on a pylon sign and shall be limited to business signage attached to the building or unit thereof proposed. (c) A unified complex or parkway is allowed 1 sign, either a ground or Pylon Sign. (d) Signs shall be located no less than 100 feet from any adjacent Residential District. The distance to Residential District can be modified to 50 feet by the Building Commissioner for lot widths consisting of less than 200 feet. (e) Permitted information indicates direction to specific buildings within the complex as well as ingress and egress routes. (f) Letter heights for directional shall be at least 2-1/2 inches. (g) Additional Directional Signs may be permitted at the discretion of the Building Commissioner to provide for additional pedestrian and vehicular traffic. | ||||
(e) Multiple business signs: i.e. signs identifying stores and services located within the same building and/or complex.
(1) Shall be designed in such a manner that their appearance will be harmonious and compatible in character regarding their method of construction, materials, color illumination and combined size so as to achieve an overall unified effect.
(2) Within a commercial area or development, where multiple storefronts are situated side by side, the level of variety or cohesiveness in the design of the signs should be commensurate with the architecture of the building.
(3) Variety in the design of signs among different storefronts should be encouraged when the architecture of the buildings suggests variety.
(4) Storefronts with common architectural elements should have signs that share continuity of design so that the design and placement of individual signs contribute to the cohesive appearance created by the common architectural elements.
(5) Franchise standard signage located within TCD-1 and TCD-2 may be required to be modified for aesthetic reasons at the discretion of the Building Commissioner.
(f) Special Sign District: (to include oversized ground or wall signs), for purposes of creating an integrated sign theme, may be established by ordinance in response to a petition by a majority of sign users within a Town Center District. The sign theme must not violate safety standards of the Building and Housing Code of the City and/or other requirements of this Zoning Code (with the exception of size
(g) Nonresidential developments. Proposed inTCD-2 Sub districts shall submit a sign plan along with the proposed development plan which shall have to be approved by the Planning Commission.
(Ord. 1988-175. Passed 10-17-88; Ord. 90-242. Passed 2-5-91; Ord. 16-145. Passed 10-4-16; Ord. 24-119. Passed 10–1-24.)
1284.13 PERMITS REQUIRED.
(a) Except as otherwise provided in this code it shall be unlawful for any person to erect, construct, enlarge, move, convert, or modify any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the Building Commissioner as required by this code. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way. No new permit is required for signs which have permits and which conform with the requirements of this code on the date of its adoption unless and until the sign is altered or relocated. Applications for approval of a temporary sign shall be subject to review only by the Building Commissioner without further board review, except for any appeal. The Building Commissioner shall approve or reject the temporary sign application within five business days of filing.
(b) Expiration of Permit. Any sign permit issued by the Building Commissioner shall become null and void if installation is not commenced within one hundred and eighty days from the date of such permit. If work authorized by such permit is suspended or abandoned for one hundred and twenty days any time after the work is commenced, a new permit shall be first obtained prior to re-commencement of the work, and the fee required by Chapter 214 shall be one-half the amount required for a new permit for such work, provided that no changes have been made in the original plans. Such new permit may not be unreasonably withheld, providing that proper application and payment of permit fees is complied with.
(c) Emergencies. In emergency situations, where there is imminent danger of personal injury or harm to property, work may be initiated and completed without first applying for a permit. However, a permit shall be applied for within forty-eight hours after the first working day when work has commenced on the sign.
(d) Consent Required. No person shall erect, construct or maintain any sign upon any property or building without the consent of the owner or person entitled to possession of the property or building if any, or their authorized representatives.
(e) Application for Permit. An application for a permit shall be made to the Building Division upon forms provided by the Building Division. The application may be made separately or in conjunction with an application for a building permit.
(1) The application shall be accompanied by drawings to scale and shall include such information as may be required to assure compliance with all appropriate laws and regulations of the city including but not limited to the following:
A. The design and layout proposed, including the total area of the sign, materials to be used, structural supports, and the size, character and color of letters, lines and symbols;
B. The method of illumination, including a description of electrical components, if any;
C. The exact location of the sign in relation to the building and property; and
D. Details and specifications for construction, erection and attachments, which must meet the requirements found in Section 1284.05.
E. Name and address of owner of the sign.
F. Name and address of owner or the person in possession of the premises where the sign is located or to be located.
(f) Issuance, Denial, Revocation.
(1) The Building Commissioner shall issue a permit for the erection, alteration or relocation of a sign within thirty days of receipt of a valid application, provided that the sign complies with all applicable laws and regulations of the City. In all applications where a matter of interpretation arises, the more specific definition or higher standard shall prevail.
(2) The Building Commissioner may suspend or revoke in writing a permit issued under provisions of this section whenever the permit is issued on the basis of a misstatement of material fact or false representation. When a sign permit is denied or revoked by the Building Commissioner, he or she shall give written notice of the denial or revocation to the applicant, together with a brief written statement of the reasons for the denial or revocation.
(g) Effect of Issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.
(h) Permit Fee.
(1) Application for permits shall be filed with the Building Commissioner, together with a permit fee for each sign, provided, however, that the minimum fee for a permit shall be set forth in Chapter 214.
(2) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this Zoning Code.
(i) Appeals. Any applicant may appeal to the Board of Zoning Appeals from any decision of the Building Commissioner pertaining to an application for a sign permit, maintenance or removal of any sign. Any such appeal shall meet the requirements set forth in Chapter 1264.
(j) Notice of Change of Sign Owner or User. Whenever there is a change in the sign user, owner, or owner of the property on which the sign is located, the new sign user, owner, or new property owner shall promptly notify the Building Commissioner of the change. No new sign permit is required, unless the sign is altered or relocated.
(Ord. 07-103. Passed 4-1-08; Ord. 13-152. Passed 2-4-14.)
1284.14 MAINTENANCE.
(a) Every sign in the city, including any sign exempted from normal permit requirements, shall be maintained in good structural condition at all times, and shall be kept neatly painted and in good aesthetic condition, including all parts and structure(s). Defective parts shall be replaced. The Building Commissioner shall have the authority to order the painting, repair, alteration or removal of signs which become dilapidated or are abandoned, or which constitute physical hazard to the public safety.
(b) Signs which no longer serve the purpose for which they were intended, or which have been abandoned or are not maintained in accordance with this chapter and other applicable regulations of the City, shall be removed by the latest permit holder or by the City at the expense of such permit holder.
(Ord. 1988-175. Passed 10-17-88; Ord. 07-103. Passed 4-1-08.)
1284.15 NONCONFORMING SIGNS.
(a) A sign conforming as to the regulations prevailing on the effective date of this chapter, but which does not conform with the regulations of this or a subsequent amendment, shall be construed as a legal nonconforming sign. The Building Commissioner shall keep a list of such non-conforming signs and shall notify the owners of the status of non-conformity. A nonconforming sign may be continued to be used in the following circumstances:
(1) Repairs. Normal or ordinary repairs and improvements may be made but shall not require a permit from the Building Commissioner. For the purpose of this Zoning Code, normal repairs shall include ordinary maintenance of the sign or structure including painting and replacement of basic equipment such as substitution of lights or minor wiring. The term shall not include the replacement of structural parts in any nonconforming sign except when required by law to make the sign conforming.
(2) Change of use. Where the business use associated with the nonconforming sign at the date of this chapter thereafter changes, such change of use shall require the property owner to bring the sign into compliance with this chapter.
(Ord. 07-103. Passed 4-1-08.)
1284.16 REMOVAL.
The Building Commissioner may cause the removal of an illegal sign in cases of emergency or for failure to comply with the written orders of removal, maintenance or repair. In the event that any person, firm or corporation shall prevent the removal or assist in the prevention of removal of any sign ordered to be removed pursuant to this chapter, the Building Commissioner and the Law Department are hereby authorized to obtain from the Common Pleas Court of Cuyahoga County a temporary restraining order and a preliminary and permanent injunction, directing the removal of the sign. After removal or demolition of the sign, a notice shall be mailed to the owner stating the nature of the work and the date on which it was performed and demanding payment of the cost as certified by the Building Commissioner, together with an additional ten percent for inspection and incidental costs.
If the amount specified in the notice is not paid within thirty days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property, together with a ten percent penalty, for collection in the same manner as the real estate taxes. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Building Commissioner, as in the case of a leased sign.
For purposes of removal, the definition of "sign" shall include all sign embellishments and structures designed specifically to support the sign and all electrical wiring (up to the nearest junction box).
(Ord. 1988-175. Passed 10-17-88; Ord. 07-103. Passed 4-1-08.)
1284.17 PROHIBITED SIGNS.
The following types of signs are prohibited in all districts:
(a) Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within thirty days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message;
(b) Banners, balloons, cold-air inflatables, pennants, streamers, festoons and searchlights except same shall be allowed as governmental and public purpose signs if the Building Commissioner finds that the sign type meets the following criteria:
(1) The sign type is for a special event,
(2) The special event is for a limited time,
(3) The special event is for a limited frequency, and
(4) The sign type, if allowed for a limited time and frequency, will meet the following purposes to wit:
A. The signs will not conceal or obstruct adjacent land uses or signs
B. The signs will not conflict with the principal permitted use of the site or adjoining sites
C. The signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and
D. The signs will be installed and maintained in a safe manner. Consistent with the general standards as defined in Chapter 1284, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on any such sign. The Building Commissioner shall render a decision within ten days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the BZA pursuant to Section 1264.04;
(c) Signs imitating or resembling official traffic or government signs or signals;
(d) Snipe signs attached to trees, fences, telephone poles, public benches or street lights, or placed on any public structure, property or right-of-way;
(e) Signs placed or painted on vehicles or trailers which are parked or located for the primary purpose of displaying such signs;
(f) Billboards, off-premises signs and outdoor advertising signs;
(g) Portable signs that are permanently anchored, affixed or secured to a building;
(h) Roof signs;
(i) Signs of non-durable material, except for signs specifically authorized by this chapter;
(j) Bare strings of light bulbs and similar devices;
(k) Signs projecting over public property or rights-of-way;
(l) Obscene, indecent or immoral matter;
(m) Flashing, animated, rotating or moving signs;
(n) Any sign which is identified by the Building Commissioner as unsafe and a threat to public safety;
(o) Temporary signs of a mobile or movable nature for the purpose of announcing grand openings, special sales, new products, business events or any other use;
(p) Illuminated signs with red or green bulbs which may interfere with the sight lines of a traffic signal;
(q) Any exposed incandescent lamp unless a screen is attached or unless the sign and lamp are placed at least ten feet above the ground;
(r) Pole signs; and
(s) Ground signs in TCD-2 except for multi-tenant shopping center or multi-family residential complexes. The number of permitted ground signs shall be limited to the equal number of public curb cuts.
(Ord. 1988-175. Passed 10-17-88; Ord. 90-147. Passed 9-4-90; Ord. 06-112. Passed 11-8-06; Ord. 07-103. Passed 4-1-08; Ord. 08-164. Passed 7-15-08; Ord. 24-120. Passed 10-1-24.)
1284.18 BANNERS/PENNANTS IN LOCAL AND GENERAL BUSINESS DISTRICTS; PERMIT; FEE. (REPEALED)
(EDITOR'S NOTE: Section 1284.18 was repealed by Ordinance 06-112, passed November 8, 2006.)
1284.19 REVIEW AND APPROVAL BY PLANNING COMMISSION FOR SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS. (REPEALED)
(EDITOR'S NOTE: Section 1284.19 was repealed by Ordinance 07-103, passed April 1, 2008.)
1284.20 INSPECTIONS.
Any person installing, altering or relocating a sign for which a permit has been issued shall notify the Building Commissioner upon completion of the work. A final inspection, including an electrical inspection and inspection of footings on free-standing signs, may be required at the discretion of the Building Commissioner. The Building Commissioner may require, in writing, upon issuance of a permit, that he or she be notified for inspection prior to the installation of certain signs.
(Ord. 1988-175. Passed 10-17-88.)
1284.21 VARIANCES.
Requests for variance of the provisions of this Chapter 1284 shall follow the requirements of Chapter 1264.
(Ord. 07-103. Passed 4-1-08.)
1284.22 INDEMNIFICATION; INSURANCE.
(a) All persons involved in the maintenance, installation, alteration or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the City, its officers, agents and employees, against any and all claims of negligence resulting from such work insofar as this chapter has not specifically directed the placement of a sign.
(b) All persons involved in the maintenance, installation, alteration or relocation of signs shall maintain all required insurance and shall file with the State a satisfactory certificate of insurance to indemnify the State, County or City against any form of liability to a minimum of one hundred thousand dollars ($100,000).
(Ord. 1988-175. Passed 10-17-88.)
1284.23 PERMIT REVOCATION. (REPEALED)
(EDITOR'S NOTE: Section 1284.23 was repealed by Ordinance 07-103, passed April 1, 2008.)
1284.24 ENFORCEMENT.
(a) When, in the opinion of the Building Commissioner, a violation of this chapter exists, the Building Commissioner shall issue or cause to be issued or mailed to the owner of such sign, a written notice stating with specificity, the violation therein. Such notice shall order the owner, agent or operator, within a stated reasonable time, but not less than fifteen days, to repair, improve or demolish the sign concerned. Such delivery or mailing shall be deemed legal service of notice. The owner may appeal such notice to the Board of Zoning Appeals.
(b) If the person to whom a notice of violation is addressed cannot be found within Cuyahoga County after a reasonable and diligent search, the notice shall be sent by registered mail to the last known address of such person, and warning of the existence of such notice shall be posted in a conspicuous place on the structure or premises to which the sign relates. No person shall remove or deface such warning notice without written permission of the Building Commissioner. Such mailing and posting shall be deemed legal service of notice.
(c) Whenever the owner of a sign fails, neglects or refuses to comply with any notice of the Building Commissioner, the Building Commissioner may issue a notice to such owner, agent, occupant in use of such sign ordering that the sign be demolished and removed within such time as shall be stated in such notice, but which shall be not less than fifteen days, except in cases of emergency, or he may advise the Director of Law of the circumstances and request the Director of Law to institute an appropriate action at law to compel compliance or both. Such notice shall be delivered, mailed or posted in the same manner as provided in Section 1284.24(a) and/or (b).
(d) Whenever the owner, agent or operator of a structure fails, neglects or refuses to comply with notice to demolish such sign, or a part thereof, or such sign is determined by Council after referral by the Building Commissioner to constitute a public nuisance in that it is dangerous or injurious to the public health, safety or welfare, Council may request the Law Director to institute legal proceedings or to take such other action as may be necessary to abate the nuisance. The Building Commissioner shall further give notice informing the owner, agent or operator of such determination and action. Such notice shall be given in the same manner as provided in Section 1284.24(a).
(e) The owner or owners of any such sign as to which such an order or notice to repair, improve, or demolish has been issued shall not sell or enter into an agreement to sell or lease such property for a period of one year or longer unless such order of the Building Commissioner has been disclosed and displayed to the prospective purchaser or lessee, satisfactory compliance with such order or notice from the Building Commissioner or such order has been withdrawn or cancelled.
(Ord. 07-103. Passed 4-1-08.)
1284.25 CASES OF EMERGENCY.
Whenever, in the opinion of the Building Commissioner, the condition of a sign, or part thereof, constitutes an immediate hazard to human life or health, he shall declare a case of emergency and shall order immediate vacation of the sign, or part thereof. Such notice shall be served in the manner provided for by law but shall require immediate compliance.
(Ord. 07-103. Passed 4-1-08.)
1284.26 PLACARDS.
Whenever the Building Commissioner or his or her designee orders a structure or premises, or part thereof, to be demolished, he or she shall cause to be posted at each entrance to such structure or premises, or part thereof, a placard warning of the existence of such demolition order. No person shall deface or remove such placard until the repairs or demolition are completed, without written permission of the Building Commissioner or his or her designee.
(Ord. 07-103. Passed 4-1-08.)
1284.27 PAYING FOR DEMOLITION.
(a) Any expense or cost incurred under the provisions for demolition contained in this Sign Code shall be paid by the owner of the sign.
(b) If expenses and costs of demolition are not paid by the owner of the sign within thirty days after written notice from the City to do so, the expenses and costs may be recovered by an action at law or may be assessed against the lands of the owner and shall become a lien thereon, and shall be collected in the manner provided by law for assessments.
(Ord. 07-103. Passed 4-1-08.)
1284.28 RULES AND REGULATIONS.
(a) The Building Commissioner or his or her designee is authorized to adopt such written rules and regulations as may be necessary for the proper interpretation and enforcement of this Sign Code. Such rules and regulations shall not conflict with or waive any provision of this Sign Code or any other ordinance of the City. Such rules and regulations shall be submitted to the Director of Law and Council for approval and no such rule or regulation shall be adopted without such approval.
(b) Such rules and regulations, upon approval of the Director of Law and Council, shall be on file with Legislative Director and Building Commissioner for public examination, and a copy of such rules and regulations shall be posted on the bulletin board in City Council for a period of least five days following approval by Council. Such rules and regulations shall have the force and effect of this Sign Code and shall continue in effect until revoked by the Building Commissioner with the approval of the Director of Law by action of Council.
(Ord. 07-103. Passed 4-1-08.)
1284.29 SEVERABILITY.
Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 07-103. Passed 4-1-08.)
1286.01 INTENT.
Regulations for the continuance, maintenance, repair, restoration, moving and discontinuance of nonconforming buildings, land and uses are established in order to achieve among others, the following purposes:
(a) To permit the continuance of nonconformities, but to control the same so as to minimize any adverse effect on adjoining properties and development;
(b) To regulate their maintenance and repair;
(c) To restrict their rebuilding if substantially destroyed;
(d) To require their permanent discontinuance if not operated for certain periods of time; and
(e) To require conformity if they are discontinued, to bring about eventual conformity in accordance with the objectives of the Master Plan and this Zoning Code.
(Ord. 90-68. Passed 5-1-90.)
1286.02 LAWFUL NONCONFORMANCE.
The lawful use of any dwelling, building or structure, and of any land or premises, existing and lawful at the time of the enactment of this Zoning Code, may be continued, although such use does not conform to the provisions of this Zoning Code. The completion, restoration, reconstruction, extension or substitution of nonconforming uses shall be subject to the provisions and conditions set forth in this chapter.
(Ord. 90-68. Passed 5-1-90.)
1286.03 DISCONTINUANCE AND ABANDONMENT.
In the event that the nonconforming use of any dwelling, building or structure, or of any land or premises, is voluntarily discontinued for six months or more, any future use thereof shall be in conformity with the provisions of this Zoning Code.
(Ord. 90-68. Passed 5-1-90.)
1286.04 MAINTENANCE AND REPAIR.
A nonconforming building may be continued to be used and normal repairs and improvements may be made. For the purpose of this Zoning Code, normal repairs shall include ordinary maintenance of a building or structure, and replacement of equipment which is required for safety of operation, and replacement or substitution of machinery or equipment. The term shall not include the replacement of structural parts in any nonconforming building except when required by law to restore the structure to a safe condition, or to make the building or use conforming.
(Ord. 90-68. Passed 5-1-90.)
1286.05 RESTORATION OF DAMAGED STRUCTURES.
Any non conforming building or structure which has been destroyed or damaged by fire, other casualty, act of God or a public enemy, shall thereafter conform to all the provisions of this Zoning Code, or may within three months of destruction or damage be rebuilt or repaired to its previous condition but shall not be enlarged or expanded. An extension of six months may be granted for good cause, otherwise it shall be considered abandoned.
(Ord. 90-68. Passed 5-1-90; Ord. 10-83. Passed 10-19-10.)
1286.06 EXTENSION PROHIBITED.
(a) No nonconforming building shall be enlarged or structurally altered except to make it a conforming building, provided that the new construction, alterations or enlargements may be permitted on any lot that is non-conforming with respect to minimum lot area and/or minimum lot width and/or minimum lot setbacks as long as such new construction, enlargement, or alteration is in conformance with all other regulations in this Planning and Zoning Code.
(b) A non-conforming use may not be extended within a building, enlarged or added to in any manner.
(Ord. 90-68. Passed 5-1-90; Ord. 04-197. Passed 12-21-04; Ord. 06-150. Passed 1-16-07.)
1286.07 CHANGE OF USE OF NONCONFORMING BUILDINGS.
The use of a nonconforming building may be changed only to a use conforming to the district in which the building is located if approved by the Planning Commission. Thereafter it shall not be changed back to the former nonconforming use.
(Ord. 90-68. Passed 5-1-90.)
1286.08 MOVING NONCONFORMING STRUCTURES.
A nonconforming structure may be moved to a different location on the same lot or on another parcel of land within the district, with approval of the Planning Commission, after a hearing, provided that proper and adequate alterations are secured to make the structure conform to the regulations of the district where it is located.
(Ord. 90-68. Passed 5-1-90.)
1286.09 NONCONFORMING PARKING FACILITIES.
A building or use existing lawfully at the time this Zoning Code or any amendment thereto became effective, but which does not conform to the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. However, any parking spaces that may be provided thereafter shall comply with the regulations set forth in Chapter 1282. If the existing building is altered so that there is an increase in the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building use in accordance with the provisions of Chapter 1282.
(Ord. 90-68. Passed 5-1-90.)
1286.10 NONCONFORMING DUE TO AMENDMENTS.
The foregoing provisions of this chapter shall also apply to buildings, structures, land or uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this Zoning Code.
(Ord. 90-68. Passed 5-1-90.)
1288.01 INTENT.
The intent of this chapter is to:
(a) Extend space or screen undesirable views to reduce the impact of one land use upon another;
(b) Increase soil water retention through landscape requirements;
(c) Protect and preserve the appearance and property values of residential uses from adverse effects of adjoining nonresidential uses and certain multi-family uses; and
(d) Supplement land use planning and not be considered as its substitution.
(Ord. 1982-129. Passed 3-16-83.)
1288.02 PURPOSE.
The purpose of this chapter is to promote the health, safety, morals and general welfare of the residents of the City by providing for space requirements and visual screen landscape buffers to remove, reduce, lessen or absorb the shock of impact of incompatible uses of real properties between one use or zone district and another.
(Ord. 1982-129. Passed 3-16-83.)
1288.03 DEFINITIONS.
As used in this chapter:
(a) "Landscaping" means living materials, including, but not limited to, grass, ground covers, shrubs, vines, hedges, trees and nonliving durable material commonly used in landscape development.
(b) "Opacity" means the state of being impervious to rays of light measured by observation of any two square yard area lying between two feet and ten feet from the ground.
(c) "Screen" means plant material or other nonliving durable material, including, but not limited to, walls, berms or decorative wood fencing.
(d) "Shrub" means a self-supporting, deciduous and/or evergreen species, normally branched near the base, bushy and less than fifteen feet in height, as normally grown in Cuyahoga County.
(e) "Tree" means a self-supporting, woody, deciduous and/or evergreen plant with a well defined central stem, or a species of such plant that normally grows to a height of fifteen feet or more in Cuyahoga County.
(f) "Vine" means a plant that normally requires physical support to reach mature form.
(Ord. 1982-129. Passed 3-16-83.)
1288.04 GENERAL PROVISIONS.
(a) Materials. Landscape buffering may include, but shall not be limited to, trees, shrubs, bushes, grass cover, earth berms, or a combination thereof.
(b) Screening. Screening shall consist of plant material or other nonliving durable landscape material. When this section applies to screening of all utility structures, as required by Section 1260.15, screening shall consist of adequate plant material comparable to those plants described in paragraphs (e) and (f) herein below. The screening shall be appropriately maintained by the property owner. Said plantings shall be warranted by the utility company for a period of no less than eighteen months. Thereafter, the screening shall be appropriately maintained by the property owner.
(c) Buffered Areas.
(1) Location and width. Buffering areas shall be located on those less restrictive portions of land bordering or abutting a more restrictive zoned or use district and shall be a minimum of ten feet in width.
(2) Use. Designated buffered areas shall be used for no other purpose than plantings or screening, except for necessary ingress to or egress from the buffered area.
(3) Design. A buffered area shall be designed to permit access to easement tracts by the grantees to perform the functions for which such easements were granted and to facilitate use of such easement areas for fire protection purposes.
(d) Fences and Walls. Fences shall be acceptable as part of a landscape buffer where traffic noise and lights create a need for a buffer. When used they shall be of a decorative style and type. Walls and berms shall be used only in most unusual cases, as one of several options to the developer to fulfill the buffering requirement.
(e) Natural Planting Requirements. Where natural plantings are used to provide a landscape buffer, such plantings shall provide eighty percent summer opacity and sixty percent winter opacity when viewed from two to ten feet above ground level.
(f) Buffering Effect. The desired buffering effect shall be achieved not later than twelve months after the initial installation. The Planning Commission may extend this period of time when a hardship would be created because of expected growth or material shortages, but the Commission shall not extend such period beyond two growing seasons from the time the initial installation was to have been or has been installed.
(g) Modification of Requirements. The Commission may modify or change the location of a buffered area contiguous to side and rear property lines where topographical problems prevent the installation of buffer materials or plantings, if confirmed by the City Engineer.
(Ord. 1982-129. Passed 3-16-83; Ord. 05-58. Passed 7-19-05.)
1288.05 APPLICABILITY.
(a) Landscape buffering shall be mandatory between dissimilar residential zoning uses and MultiFamily D (RM-D) Districts and between residential uses and zones that abut all Public Facilities, Business and Industrial Districts.
(b) All buffering requirements imposed under the provisions of this chapter shall be installed and constructed before a certificate of occupancy is issued for a new building or structure or before a vehicular use area is used or occupied. No existing building, structure or vehicular use area adjoining a Single-Family or MultiFamily District shall be expanded, altered or modified until the plans are submitted by the owner or developer to the Planning Commission. The Commission shall review such plans to determine if the changes adversely affect any properties in a Single-Family or MultiFamily District. The Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or a revision of a previously established buffered area.
(c) Owners or developers of off-street parking areas shall be required to include a plan for buffering the parking area. Such plan shall be submitted to the Commission for approval. Such plan may be included as a part of the development plot plan when a submission of a development plot plan is required.
(Ord. 1982-129. Passed 3-16-83.)
1288.06 PROCEDURES.
(a) When an application for a building permit is made, the Building Commissioner shall determine if the buffering requirement might be applicable. If he or she determines that the request comes under the buffering requirement, the Building Commissioner shall so advise the applicant and shall submit a request to the Planning Commission that the matter be reviewed once the applicant has furnished the Commission with the following:
(1) A copy of the site plan;
(2) The topography of the building site and surrounding area; and
(3) A complete description of the area to be constructed or modified.
(b) The applicant shall provide the Planning Commission with a detailed description and sketch of the landscape buffer, preferably prepared by a landscaping expert, which visually and verbally outlines the nature and the effect other proposed landscape buffer.
(c) The Planning Commission may request photographs or other descriptive data if the Commission deems such data necessary.
(d) The Planning Commission shall notify all owners by regular mail immediately adjacent to the property in question prior to any meeting at which the landscape buffering requirement will appear on the agenda.
(e) A certificate of occupancy shall not be granted until buffering requirements have been completed or until a performance bond has been posted. The amount of the performance bond shall be determined by an estimate by a landscape contractor and confirmation by the City Engineer and the Building Commissioner. If compliance is delayed because of the growth season, a cash bond, in an amount to be determined by the City Engineer, shall be posted to ensure the compliance by the next growing season. Such delay should not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(f) Where buffering is required, a building permit shall not be issued by the Building Commissioner until an agreement has been reached between the applicant and the City as to the buffering requirement. The agreement between the City and the owner and/or developer shall include, among other requirements, provisions for the following:
(1) Maintenance of the landscape buffer on the part of the applicant;
(2) Replacement procedures for any portion of the landscape buffer that is for any reason no longer viable;
(3) Replacement of the landscape buffer involving plant material that does not extend beyond the next growing season;
(4) Replacement of landscape material such as fences; and
(5) Replacement of landscape material within sixty days from the date of notification by the Building Commissioner of noncompliance.
(g) All information pertaining to procedures shall be in writing and retained by the Building Commissioner.
(Ord. 1982-129. Passed 3-16-83.)
1288.07 APPEALS.
Any decision or determination by the Building Commissioner or the Planning Commission pertaining to buffering requirements may be appealed to the Board of Zoning Appeals.
(Ord. 1982-129. Passed 3-16-83.)
1288.08 VIOLATIONS.
Whoever has control of any land or structure whereon or wherein a violation of any of the provisions of this chapter occurs, and any other person who assists in the commission of any such violation, shall be guilty of a separate offense and shall be liable to the penalty provided in Section 1262.99.
(Ord. 1982-129. Passed 3-16-83.)
1290.01 DEFINITIONS.
As used in this chapter, the terms listed below shall be interpreted according to the following definitions. Other terms shall be interpreted according to the definitions provided elsewhere in these Codified Ordinances or according to their ordinary English usage.
(a) Collocation: The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(b) Lattice tower: A support structure, constructed of vertical metal struts and cross braces forming a triangular or square structure, which often tapers from the foundation to the top.
(c) Monopole: A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(d) Open space: Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).
(e) Telecommunications: The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
(f) Wireless telecommunications antenna: The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(g) Wireless telecommunications equipment shelter: The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(h) Wireless telecommunications facility: 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 land-based telephone lines.
(i) Wireless telecommunications tower: A structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.
(j) Use area: The area needed to accommodate the tower (and guy wires, if used), the equipment shelter, security fencing and buffer planting.
(Ord. 97-57. Passed 4-15-97.)
1290.02 GENERAL REQUIREMENTS.
The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with the specific regulations for Public Facilities and General Industrial Districts as set forth in Sections 1290.03 and 1290.04.
(a) When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch is equal to 200 feet shall be submitted. This plot plan shall indicate all building uses within 350 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
(b) The location of the tower and equipment shelter shall comply with all natural resource protection standards established by local, State and Federal regulations, including those for floodplains, wetlands and steep slopes.
(c) Applicants must comply with all applicable regulations and requirements of the Ohio Building Code (OBBC), the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC).
(d) All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to the maximum height set forth in the applicable zoning district. Although the initial capacity may be for one antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for four providers when constructed to the maximum allowable height.
(e) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually, as determined by the Planning Commission.
(f) The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses. The following buffer plantings may be located around the perimeter of the security fence, as deemed appropriate by the Planning Commission: An evergreen screen shall be planted that consists of either a hedge, planted three feet on center, maximum, or a row of evergreen trees, planted five feet on center, maximum.
(g) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(h) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within five miles of the proposed facility. The applicant shall inquire about the technical feasibility for potential collocation opportunities at those locations. The existing wireless service providers who have been contacted by the applicant and who supply service within five miles of the proposed facility, and within the City of North Royalton, shall be required to respond, in writing, to the inquiry within thirty days and specifically address the technical feasibility of collocation on their respective tower(s). The applicant's letter(s), as well as response(s), shall be presented to the Planning Commission as a means of demonstrating the need for a new tower. The applicant shall provide proof of why a tower at this proposed site is technically necessary. Prior to the issuance of any permit to erect a tower or to alter or modify any wireless telecommunications tower existing on the effective date of this chapter, the owner shall provide to the City a written and notarized statement agreeing to make said wireless telecommunications tower available to be used by others, subject to reasonable technical limitations. The willful and knowing failure of a wireless telecommunications tower owner to agree to a shared use or to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify antennae or wireless telecommunications towers within the City.
(i) Any application to locate an antenna on a building or structure that is listed on an historic register or is in an historic district shall be subject to review by the Municipality's Planning Commission.
(j) The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the FCC or FAA.
(k) No advertising is permitted anywhere on the facility, with the exception of identification signage.
(l) All providers utilizing towers shall present a report to the Building Commissioner giving notification of any of said providers tower facilities or collocated equipment located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the Building Commissioner may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner/operator will receive written notice from the Building Commissioner and be instructed to either reactivate the facility's use within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the Municipality will remove, or will contract to have removed, the facility and assess the property owner and/or owner/operator the costs.
(m) All towers shall be artificially lighted as required by FAA regulations. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. The tower light and all security lighting around the equipment shelter is permitted, but shall not filtrate onto adjoining parcels.
(n) "No Trespassing" signs shall be posted around the facility, with the telephone number of whom to contact in the event of an emergency.
(o) Applicants will provide evidence of legal access to the tower site, thereby maintaining this access regardless of other developments that may take place on the site.
(p) Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility.
(q) A conditional use permit must be approved by the City Planning Commission and City Council, with a subsequent building permit issued by the Building Commissioner, for the construction of new towers. Collocation of antennas on a single tower, and antennas attached to existing structures or buildings, will not be subject to the conditional use permitting process, but must be approved by the Building Commissioner upon submission of proof of adequate structural capacity.
(r) Replacement towers to be constructed at the site of a current tower, in any zoning district except General Industrial, are lawful non-conforming uses, but must obtain site plan approval in accordance with the requirements set forth for new towers in Public Facilities Districts. Replacement towers to be constructed in General Industrial Districts are lawful non-conforming uses, but must obtain site plan approval in accordance with the requirements set forth for new towers in General Industrial Districts.
(s) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.
(t) Underground equipment shelters are permitted and may be requested by the Planning Commission. The Planning Commission may require the shelter to be aesthetically harmonious to the surrounding area and structures.
(u) All wireless telecommunication facilities shall submit a maintenance plan that meets industry standards, as determined by the Building Commissioner, no later than January 1 following the grant of the conditional use permit and thereafter as required under 1290.02(v)(1).
(v) Maintenance and Inspections.
(1) The operator, lessee, tenant, or owner of a wireless telecommunication facility shall submit a yearly maintenance plan and report to the Building Commissioner, no later than January 1, 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 or other criteria as required or requested by the Building Commissioner.
(2) An annual inspection shall be conducted as directed by the Building Commissioner. The inspection shall include an assessment of the wireless communications facility and its environs. The review shall include, but not limited to, general security, landscaping, access, lighting, property maintenance, etc.
(3) Notice of any inspection deficiencies shall be corrected by the operator, lessee, tenant or owner of the wireless telecommunication facility within (5) five days.
(w) Fees for alterations, upgrades, modifications, additions, inspections and new wireless communications facilities shall be administered by the Building Division as prescribed under Section 214.08.
(Ord. 97-57. Passed 4-15-97; Ord. 99-24. Passed 4-6-99; Ord. 06-32. Passed 2-21-06; Ord. 08-211. Passed 11-5-08; Ord. 13-152. Passed 2-4-14; Ord. 16-55. Passed 3-1-16.)
1290.03 PUBLIC FACILITIES DISTRICTS.
Wireless telecommunications facilities proposed for Public Facilities Districts are permissible as a conditional use in accordance with the standards set forth in Section 1262.07(c)(2) and the following conditions:
(a) Monopole. The wireless telecommunications facility shall be a monopole.
(b) Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot subject, to the following:
(1) Minimum lot size shall be two acres.
(2) Minimum yard requirements:
A. Tower: The minimum distance to the District lot line shall be 350 feet.
B. Use area: The use area must comply with main use setback requirements for the zoning district.
(3) Maximum height:
A. Tower: 200 feet (includes antenna)
B. Equipment shelter: Fifteen feet
(4) Maximum size of the equipment shelter: 300 square feet for a single shelter, or if there is more than one, 750 total square feet.
(c) Combined With Other Uses. Combined with other uses: A wireless telecommunications facility is permitted on a property with an existing use, subject to the following conditions:
(1) The existing use on the property may be any permitted use in the District and need not be affiliated with the wireless telecommunications provider.
(2) The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
(3) Minimum yard requirements:
A. Tower: The minimum distance to the District lot line shall be 350 feet.
B. Use area: The use area shall comply with the minimum setback requirements for the zoning district.
(4) The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
(5) Maximum height:
A. Tower: 200 feet (includes antenna)
B. Equipment shelter: Fifteen feet
(6) Maximum size of the equipment shelter: 300 square feet for a single shelter, or if there is more than one, 750 total square feet.
(d) Combined With an Existing Structure. An antenna for a wireless telecommunications facility may be attached to an existing structure or building, subject to the following:
(1) Maximum height: Twenty feet or twenty percent of the building height above the existing building or structure, whichever is greater.
(2) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter must receive Planning Commission approval and shall comply with the following:
A. The shelter shall be in accordance with the minimum setback requirements for the subject zoning district.
B. A buffer yard may be planted in accordance with Section 1290.02(f).
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(3) Receipt of approval of the Building Department.
(Ord. 97-57. Passed 4-15-97; Ord. 06-151.Passed 5-15-07.)
1290.04 GENERAL INDUSTRIAL DISTRICTS.
Wireless telecommunications facilities proposed for General Industrial Districts are permissible as a conditional use in accordance with the standards set forth in Section 1262.07(c)(2) and the following conditions:
(a) Lattice Tower or Monopole. The wireless telecommunications facility may be a lattice tower or monopole.
(b) Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot, subject to the following:
(1) Minimum lot size shall be one acre.
(2) Minimum yard requirements:
A. Tower: The minimum distance to the District lot line shall be 300 feet.
B. Use area: The use area must comply with main use setback requirements for General Industrial Districts. The use area must be a minimum distance from the property line to comply with main use setback requirements for General Industrial Districts.
(3) Maximum height:
A. Tower: Lattice tower: 350 feet (includes antenna)
Monopole: 200 feet (includes antenna)
B. Equipment shelter: Fifteen feet
(4) Maximum size of equipment shelter: 300 square feet for a single shelter, or, if there is more than one, 750 total square feet.
(c) Combined With Other Uses. A wireless telecommunications facility is permitted on a property with an existing use, subject to the following conditions:
(1) The existing use on the property may be any permitted use in the District and need not be affiliated with the wireless telecommunications provider.
(2) The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
(3) Minimum yard requirements:
A. Tower: The minimum distance to the District lot line shall be 300 feet.
B. Use area: The use area shall comply with the minimum setback requirements for the zoning district.
(4) The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
(5) Maximum height:
A. Tower: Lattice tower: 350 feet (includes antenna)
Monopole: 200 feet (includes antenna)
B. Equipment shelter: Fifteen feet
(6) Maximum size of the equipment shelter: 300 square feet for a single shelter, or, if there is more than one, 750 total square feet.
(d) Combined With an Existing Structure. An antenna for a wireless telecommunications facility may be attached to an existing structure or building, subject to the following:
(1) Maximum height: Twenty feet or twenty percent of the building height above the existing building or structure, whichever is greater.
(2) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
A. The shelter shall be in accordance with the minimum setback requirements for the subject zoning district.
B. A buffer yard may be planted in accordance with Section 1290.02(f).
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(3) Receipt of approval of the Building Department.
(Ord. 97-57. Passed 4-15-97; Ord. 06-151. Passed 5-15-07.)
1290.05 OTHER DISTRICTS.
An antenna for a wireless telecommunications facility may be attached to an existing structure or building in any zoning district, except Rural Residential, Residential R1-A and Residential R1-B, subject to the following:
(a) Maximum height: Twenty feet or twenty percent of the building height above the existing building or structure, whichever is greater.
(b) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
(1) The shelter shall be in accordance with the minimum setback requirements for the subject zoning district.
(2) A buffer yard may be planted in accordance with Section 1290.02(f).
(3) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(4) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(c) Receipt of approval of the Building Department.
(Ord. 97-57. Passed 4-15-97.)
1290.06 REIMBURSEMENT OF EXPENSES.
The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by the Building Commissioner, the Planning Commission or City Council to perform the reviews required by this chapter.
(Ord. 97-57. Passed 4-15-97; Ord. 13-152. Passed 2-4-14.)
1290.07 ISSUANCE OF PERMITS.
Upon receipt of expense reimbursement as set forth in Section 1290.06, and of existing fees established in Chapter 214 of the Administration Code, the Building Commissioner shall authorize the issuance of permits required by this chapter and shall collect the fees therefor in accordance with the following schedule:
(a) New wireless communications tower and facility: $400.00
(b) Addition to or renovation of existing tower or facility: $200.00
(c) New wireless communications antenna: $100.00
(d) Collocation wireless communications antenna on existing tower or building, per installation: $100.00
(Ord. 97-57. Passed 4-15-97.)
1292.01 PURPOSE.
This Chapter is adopted in order to provide for the safe, effective and efficient use of wind energy turbines subject to reasonable conditions that will protect the public health, safety and welfare.
(Ord. 10-85. Passed 11-16-10.)
1292.02 DEFINITIONS
(a) “Ambient sound level” is the amount of background noise at a given location prior to the installation of a WET(s) which may include, but not be limited to, traffic, machinery, lawnmowers, human activity, and the interaction of wind with the landscape. The ambient sound level is measured on the dB(A) weighted scale as defined by the American National Standards Institute.
(b) “Anemometer” is a temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
(c) “Applicant” means the person or entity filing an application under this Chapter.
(d) “Clear fall zone” means an area surrounding the wind turbine unit into which the turbine, tower and/or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing turbine failure. The area shall remain confined within the property lines of the primary parcel where the turbine is located.
(e) “Decibel” is defined as unit of measure used to express the magnitude of sound pressure and sound intensity. Decibels shall be measured on the dB(A) weighted scale as defined by the American National Standards Institute.
(f) “Decommissioning” is the process of terminating operation and completely removing a WET(s) and all related buildings, structures, foundations, access roads, and equipment.
(g) “Hub height” means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
(h) “Large wind energy turbine (LWET)” is a tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. The LWET has a nameplate above 250 kilowatts, and the main purpose of the LWET is to supply electricity to off-site customers.
(i) “Medium wind energy turbine (MWET)” is a tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in the system. The MWET has a nameplate capacity that does not exceed 250 kilowatts. The total height does not exceed 150 feet.
(j) “Megawatt” means a unit of power equal to one million watts.
(k) “Nacelle” refers to the encasement which houses all of the generating components, gear box, drive tram, and other equipment.
(l) “Net-metering” is a special metering and billing agreement between utility companies and their customers, which facilitates the connection of renewable energy generating systems to the power grid.
(m) “Non-participating landowner” means any landowner except those on whose property all or a portion of a wind energy turbine is located.
(n) “Occupied building” means a residence, school, hospital, church, public library or other building used for private or public gathering that is occupied or in use when the permit application is submitted.
(o) “Operator” means the entity responsible for the day-to-day operation and maintenance of the wind energy facility.
(p) “Owner” means the person or entity who holds title to property on which the wind energy turbine is located.
(q) “Rotor diameter” is the cross-sectional dimension of the circle swept by the rotating blades of a WET.
(r) “Shadow flicker” means the on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
(s) “Small tower-mounted wind energy turbine (STMWET)” is a tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in the system. The STMWET has a nameplate capacity that does not exceed 30 kilowatts. The total height does not exceed 120 feet.
(t) “Structure” is any building or other structure that is a minimum of 12 feet high at its highest point of roof and is secured to frost-footings or a concrete slab.
(u) “Small structure-mounted wind energy turbine (SSMWET)” converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. A SSMWET is attached to a structure's roof, walls, or other elevated surface. The SSMWET has a nameplate capacity that does not exceed ten kilowatts. The total height does not exceed five feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.
(v) “Total height” is the vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the wind energy turbine (WET).
(w) “Tower” is a freestanding monopole that supports a wind energy turbine (WET).
(x) “Turbine height” means the distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
(y) “Upwind turbine” is a wind energy turbine (WET) positioned in a manner so that the wind hits the turbine blades before it hits the tower in order to avoid the thumping noise which can occur if the wind is disrupted by hitting the tower before the blades.
(z) “Wind energy project” means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Ohio R.C. 1551.20) and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the project.
(aa) “Wind generator” means the mechanical and electrical conversion components mounted at the top of a tower in a wind energy project.
(bb) “Wind turbine” means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
(cc) “Wind energy turbine (WET)” is any structure-mounted, small, medium, or large wind energy conversion system that converts wind energy into electricity through the use of a wind generator and includes the nacelle, rotor, tower, and pad transformer, if any.
(Ord. 10-85. Passed 11-16-10.)
1292.03 APPLICABILITY.
(a) This Chapter applies to all wind energy turbines proposed to be constructed after the effective date of Ordinance 10-85.
(b) Wind energy turbines or projects are prohibited in the City of North Royalton unless expressly permitted under Chapter 1292.
(c) All wind energy turbines constructed prior to the effective date of Ordinance 10-85 shall not be required to meet the requirements of this Chapter; however, any physical modification to an existing wind energy turbine that materially alters the size, type, equipment or location shall require a permit under this Chapter.
(Ord. 10-85. Passed 11-16-10.)
1292.04 TEMPORARY USES.
The following is permitted in all zoning districts as a temporary use, in compliance with the provisions contained herein, and the applicable wind energy turbines regulations.
(a) Anemometers.
(1) The construction, installation, or modification of an anemometer tower shall require a building permit and shall conform to all applicable local, state and federal safety, construction, environmental, electrical, communications, and FAA requirements.
(2) An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety requirements and decommissioning that correspond to the size of the WET that is proposed to be constructed on the site.
(3) An anemometer shall be permitted for no more than nine months for a SSMWET, STMWET, or MWET, and no more than one year for a LWET.
(Ord. 10-85. Passed 11-16-10.)
1292.05 PERMITTED USES.
(a) Small structure-mounted wind energy turbine (SSMWET) and small tower mounted wind energy turbine (STMWET) shall be considered a permitted accessory use in all zoning districts, which shall not be erected, constructed, installed, or modified as provided in this Chapter unless a building permit has been issued to the owner(s) and/or operator(s).
(b) An application for a SSMWET or STMWET permit shall contain the following information:
(1) Name of property owner(s), address, and parcel number.
(2) A site plan shall include maps (drawn to scale) showing the proposed location of all components and ancillary equipment of the SSMWET or STMWET, property lines, physical dimensions of the property, existing building(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, non-motorized pathways, roads and contours. The site plan must also include adjoining properties as well as the location and use of all structures.
(3) The proposed type and height of the SSMWET or STMWET to be constructed including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.
(4) Documented compliance with the noise requirements set forth in this Chapter.
(5) Documented compliance with applicable local, state and federal regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(6) Proof of applicant's liability insurance pursuant to Section 1292.15.
(7) Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
(8) Other relevant information as may be reasonably requested.
(9) Signature of the applicant.
(10) The applications shall also include the total proposed number of SSMWETs or STMWETs.
(11) The application shall also include a description of the methods that will be used to perform maintenance on the STMWET or SSMWET and the procedures for lowering or removing the STMWET or SSMWET in order to conduct maintenance.
(c) All small structure mounted wind energy turbines (SSMWET) and small tower mounted wind energy turbines (STMWET) are subject to the following minimum requirements:
(1) Siting and Design Requirements:
A. Upwind turbines shall be required.
B. Visual Appearance; A SSMWET or STMWET, including accessory buildings and related structures shall comply with Section 1292.07.
C. Ground Clearance. The lowest extension of any blade or other exposed moving component of a SSMWET or STMWET shall be at least 15 feet above the ground (at the highest point of the natural grade within 30 feet of the base of the tower) and, in addition at least 15 feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the SSMWET or STMWET.
D. Noise. Noise emanating from the operation of a SSMWET or STMWET shall not exceed, at any time, the limits set forth by Chapter 634 and Section 1278.09 in the North Royalton Codified Ordinances "Noise Control".
E. Vibration. Vibrations shall not be produced which are humanly perceptible beyond the property on which a SSMWET or STMWET is located.
F. Guy Wires. Guy wires shall not be permitted as part of the SSMWET or STMWET.
G. In addition to the siting and design requirements listed previously, the SSMWET shall also be subject to the following:
1. Height. The height of a SSMWET shall not exceed five feet as measured from the highest point of the roof, excluding chimneys, antennae and other similar protuberances.
2. Setback. The setback of the SSMWET shall be a minimum of 15 feet from the property line, public right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If the SSMWET is affixed by any extension to the side, roof, or other elevated surface, then the setback from the property line or public right-of-way shall be a minimum of 15 feet. The setback shall be measured from the furthest outward extension of all moving parts and shall further comply with all setback, height, area and yard requirements set forth in Sections 1270.04 and 1270.05.
3. Separation. If more than one SSMWET is installed, a distance equal to the height of the highest SSMWET must be maintained between the base of each SSMWET.
4. Comply with any clear fall zones as determined by the Building Commissioner.
H. In addition to the siting and design requirements listed previously, the STMWET shall also be subject to the following:
1. Height. The total height of a STMWET shall not exceed 40 feet.
2. Location. The STMWET shall be located in a rear yard of a property.
3. Occupied Building Setback. The setback from all occupied buildings on the applicant's parcel shall be a minimum of 20 feet measured from the base of the Tower or 1.1 times the turbine height, whichever is greater and further shall comply with all setback requirements and area and yard requirements set forth in 1270.04 and 1270.05.
4. Other Setbacks. The setback shall be equal to 1.1 times the total height of the STMWET, as measured from the base of the tower, from the property line, public right-of-way, public easement, or overhead public utility lines.
5. Separation. If more than one STMWET is installed, a distance equal to the height of the highest STMWET must be maintained between the base of each STMWET.
6. Comply with any clear fall zone requirements as determined by the Building Commissioner.
I. Safety Requirements.
1. If the SSMWET or STMWET is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state, and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.
2. The SSMWET or STMWET shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
3. A clearly visible warning sign regarding voltage shall be placed at the base of the SSMWET or STMWET.
4. The structural integrity of the SSMWET or STMWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design" and/or IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing," or any similar successor standards as approved by the Building Commissioner.
5. To the extent applicable, the wind energy turbines shall comply with the Ohio Building Code.
6. All electrical components shall conform to the relevant and applicable local, state and national codes.
J. Signal Interference. The SSMWET or STMWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
K. SSMWET or STMWET decommissioning shall comply with Section 1292.16.
(Ord. 10-85. Passed 11-16-10.)
1292.06 CONDITIONAL USE PERMIT REQUIREMENTS.
(a) No medium wind energy turbine (MWET) or large wind energy turbine (LWET) shall be constructed or located within the City unless a conditional use permit has been issued by the Planning Commission and approved by Council, pursuant to the requirements of Chapter 1270 and Section 1262.07, approving construction of the WET after compliance with the applicable sections of this Chapter and the Code.
(b) Medium wind energy turbine (MWET) may be a permitted conditional use in business, industrial and public use districts after compliance with this Chapter and Code.
(c) Large wind energy turbine (LWET) may be a permitted conditional use in industrial and public use districts only after compliance with this Chapter and Code.
(d) No MWET or LWET shall be permitted in a residential district.
(e) The fee shall be established pursuant to Section 214.08.
(f) The Planning Commission may authorize the issuance of a conditional use permit after a public hearing if the application and supporting material showing the proposed wind energy turbine meets the requirements of this regulation, state and federal regulations and the use is otherwise authorized by the Planning Commission. Planning Commission shall condition the issuance of the conditional use permit upon the filing of a bond or other surety with the City in an amount set by Planning Commission.
(g) Any physical modification to an existing conditionally permitted wind energy turbine that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval by the Planning Commission.
(h) Submission Requirements. An application for a conditional use permit shall be on a form approved by the Building Commissioner and shall contain the following information:
(1) The name, address, parcel number, and telephone number of the applicant/property owner.
(2) The address, parcel number and zoning district of the subject property.
(3) A narrative description of the existing use.
(4) A narrative describing the proposed wind energy turbine, including an overview of the project, the project location, the approximate generating capacity of the wind energy turbine, the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(5) An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.
(6) Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.
(7) A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback, a lighting plan, a plan showing areas impacted by shadow flicker, and other information the Planning Commission may require.
(8) Documents related to decommissioning.
(9) Other relevant studies, reports, certifications and approval as may be reasonably requested by the City to ensure compliance with this Chapter and Code.
(10) Any documents reasonably deemed necessary by the Building Commissioner.
(11) The fee as established pursuant to Section 214.08.
(12) Proof of liability insurance pursuant to Section 1292.15.
(Ord. 10-85. Passed 11-16-10.)
1292.07 DESIGN AND INSTALLATION.
(a) Design Safety Certification. The design of the wind energy turbines shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations. Small wind energy projects shall be required to submit a standard drawing and an engineering analysis and report of the systems tower and certification by a professional engineer.
(b) Ohio Building Code. To the extent applicable, the wind energy turbines shall comply with the Ohio Building Code.
(c) Controls and Brakes. All wind energy turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(d) Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(e) Visual Appearance.
(1) Wind turbines shall be a non-obtrusive color such as white, off-white or gray.
(2) Wind energy turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(3) Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator pursuant to Chapter 1284 Signs.
(f) Power Lines. On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
(g) Warnings.
(1) Clearly visible warning signs concerning voltage must be placed at the base of all transformers and substations.
(2) Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground.
(h) Climb Prevention/Locks.
(1) Wind turbines shall not be climbable up to 15 feet above ground surface.
(2) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
(Ord. 10-85. Passed 11-16-10.)
1292.08 SETBACKS.
(a) Occupied Buildings.
(1) Wind turbines shall be set back from the nearest occupied building, a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2) Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than two times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(3) Setback requirements may be extended to assure compliance with the clear fall zones, safety requirements and the health and welfare of nonparticipating landowners as determined by the Planning Commission and/or Building Commissioner.
(b) Property Lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(c) Public Roads. All wind turbines shall be set back from the nearest public road a distance not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base or the normal setback requirements for that zoning classification whichever is greater.
(d) Waiver of Setbacks.
(1) Non-participating landowners may waive the setback requirements in subsection (a)(2) above and subsection (b) above by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.
(2) The written waiver shall notify the property owner(s) of the setback requirement by this Chapter, described how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be setback as required by this Chapter.
(3) Any such waiver shall be recorded in the Recorder's Office where the property is located. The waiver shall describe the properties benefitted and burdened, and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.
(4) Upon application, the City may waive the setback requirement for public roads for good cause.
(Ord. 10-85. Passed 11-16-10.)
1292.09 HEIGHT RESTRICTIONS.
(a) Wind energy turbine height shall be limited to the extent permitted by the zoning district where the wind energy turbine is located or as determined by Planning Commission.
(b) Height shall be further limited by the provisions set forth in FAA requirements.
(Ord. 10-85. Passed 11-16-10.)
1292.10 USE OF PUBLIC ROADS.
(a) The applicant shall identify all state and local public roads to be used within the City to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(b) The applicant shall provide to the City Engineer sufficient documentation regarding road conditions prior to construction and 30 days after construction is complete or as weather permits.
(c) A cash bond, performance bond or escrow account of five thousand dollars ($5,000) per wind turbine facility shall be filed with the City to ensure restoration or repair of streets, sidewalks, curbing or berms within the City.
(d) Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
(Ord. 10-85. Passed 11-16-10.)
1292.11 LOCAL EMERGENCY SERVICES.
(a) The applicant shall provide a copy of the project summary and site plan to local emergency services, including the City Fire Department.
(b) Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy turbines at the owner and/or operator's expense.
(Ord. 10-85. Passed 11-16-10.)
1292.12 NOISE AND SHADOW FLICKER.
(a) Audible sound from a wind energy project shall not exceed limits set forth by Chapter 634 and Section 1278.09 in the North Royalton Codified Ordinances ''Noise Control."
(b) The owner shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property. The Planning Commission may evaluate noise and shadow flicker when ruling on applications for conditional use of wind generation facilities.
(Ord. 10-85. Passed 11-16-10.)
1292.13 WAIVER OF NOISE AND SHADOW FLICKER.
(a) Nonparticipating landowners may waive the noise and shadow flicker provisions of this Chapter by signing a waiver of their rights.
(b) The written waiver shall notify the property owner(s) of the sound or flicker limits in this Chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this Chapter.
(c) Any such waiver shall be recorded in the Recorder's Office where the property is located. The waiver shall describe the properties benefitted and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.
(Ord. 10-85. Passed 11-16-10.)
1292.14 SIGNAL INTERFERENCE.
The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.
(Ord. 10-85. Passed 11-16-10.)
1292.15 LIABILITY INSURANCE.
There shall be maintained a current general liability insurance policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate. Certificates shall be made available to the City upon request and shall be included in the application for conditional use permit and Building Department application.
(Ord. 10-85. Passed 11-16-10.)
1292.16 DECOMMISSIONING.
The owner(s) or operator(s) shall complete decommissioning within 12 months after the end of the useful life of the wind energy turbine. Upon request of the owner(s) or assigns, and for good cause, Building Commissioner may grant a reasonable extension of time. The wind energy turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. All decommissioning expenses are the responsibility of the owner(s) or operator(s).
(a) If the owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the Building Commissioner may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the wind energy turbine is not owned by the property owner(s), a bond must be provided to the City for the cost of decommissioning in an amount set by Council.
(b) In addition to the decommissioning requirements listed previously, the wind energy turbine shall also be subject to the following:
(1) Decommissioning shall include the removal of each wind energy turbine, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade.
(2) The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s) of the facility or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas not be restored.
(Ord. 10-85. Passed 11-16-10.)
1292.17 PUBLIC INQUIRIES AND COMPLAINTS REMEDIES.
(a) The facility owner and operator shall maintain a telephone number and identify a responsible person for the public to contact with inquiries and complaints.
(b) The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
(c) In the event that a nonparticipating landowner alleges that the wind energy turbine is not in compliance with the noise requirements of this Chapter, the procedure shall be as follows:
Noise Complaint.
(1) Notify the Building Commissioner in writing regarding concerns about noise level.
(2) If the complaint is deemed sufficient by the Building Commissioner to warrant an investigation, the Building Commissioner will request the aggrieved property owner deposit funds in an amount sufficient to pay for a noise level test conducted by a certified acoustic technician to determine compliance with the requirements of this Chapter.
(3) If the test indicates that the noise level is within Ordinance noise requirements, the City will use the deposit to pay for the test.
(4) If the wind energy turbine owner(s) or operator(s) are in violation of the Ordinance noise requirements, the owner(s) shall reimburse the City for the noise level test and take immediate action to bring the WET into compliance which may include ceasing operation of the WET until Ordinance violations are corrected. The City will refund the deposit to the aggrieved property owner.
(Ord. 10-85. Passed 11-16-10.)
1292.18 VIOLATIONS.
(a) It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this Chapter, or any permit issued under this Chapter, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this Chapter or any permit issued under this Chapter.
(b) If the City determines that a violation of this Chapter or the permit has occurred, the City shall provide written notice to any person, firm, or corporation alleged to be in violation of this Chapter or permit. If the alleged violation does not pose an immediate threat to public health or safety, the City and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.
(c) If after 30 days from the date of the notice of violation the City determines, in its discretion, that the parties have not resolved the alleged violation, the City may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this Chapter or permit.
(Ord. 10-85. Passed 11-16-10.)