Parma Heights City Zoning Code

TITLE NINE

Zoning Use Districts

CHAPTER 1186 Planned Unit Developments

(EDITOR’S NOTE: Chapter 1186 was repealed by Ordinance 2021-12, passed March 8, 2021.)

1171.01 PERMITTED USES.

Within any Class A District no building, structure or premises shall be used or arranged or designed to be used, except for one or more of the following uses:

(a) A single-family dwelling;

(b) Accessory uses customarily incident to the foregoing permitted use.

(c) Short-term rentals as a conditional use, subject to all requirements of Chapter 1135 of the Parma Heights Codified Ordinances. In addition, short-term rentals must meet all requirements of Chapter 769 of the Parma Heights Codified Ordinances.

(Ord. 1953-29. Passed 6-1-53; Ord. 2024-91. Passed 3-10-25.)

1171.02 REAR YARDS; LOT COVERAGE.

(a) Every property shall be provided with an open, unobstructed (except for landscaping, detached garages, and accessory buildings) minimum rear yard of 25 percent of the total area of the lot or 30 feet as measured perpendicular to the street, whichever is greater. (As per Exhibits 1, 2, and 3.)

(b) The sum of the plan projection areas of all structures on a property shall not exceed 40 percent of the lot area. (As per Exhibits 1, 2, and 3.)

(1) A detached garage not over 15 feet high and not over 30 feet deep may be located in the rear yard area.

(2) A detached garage shall be placed no closer than three feet to a side property line or a rear property line and shall be no closer than eight feet to any other structure on an adjoining property irrespective of lot lines and no closer than ten feet to the main structure.

(3) In the case of a corner lot, the rear line of which is identical with the side line of an interior lot, no detached garage shall be erected within 20 feet of any street line.

(4) Accessory buildings are permitted in the rear yard area as regulated by Chapter 1388 of the Parma Heights Building Code. The plan projection area of accessory buildings shall not be considered when determining lot coverage.

(Ord. 1969-3. Passed 1-27-69; Ord. 2002-60. Passed 12-23-02.)

1171.03 SIDE YARDS.

There shall be a side yard on each side of every building. The minimum width of the side yard shall be three feet. At least twelve feet of each lot shall be devoted to side yards.

Whenever the garage is detached from the main structure there shall be a minimum width of nine feet between the structure and the side line of the driveway side of the lot.

Whenever the garage is attached to the main structure there shall be a minimum width of five feet between the structure and the side line on the garage side of the lot.

In addition, no two main structures or parts thereof on their respective lots shall be any closer together than ten feet irrespective of lot lines.

(Ord. 1953-29. Passed 6-l-53.)

1171.04 SETBACK LINE.

On any existing street frontage in Class A Districts where there is no building or setback line designated on the Building Zone Map, the location of the setback line shall be as follows:

(a) No nearer than thirty feet to the street line or twenty-five percent of the average or normal depth of the lots having their front lines along the street frontage, whichever is the greater. (As per Exhibits 1, 2, and 3.)

(b) On the sideline of a corner lot the distance of the setback line from the street line shall be not less than ten feet. (As per Exhibits 1, 2, and 3.)

(Ord. 1953-29. Passed 6-1-53; Ord. 2003-6. Passed 2-10-03.)

1171.05 LOT AREA.

The minimum requirements shall be 9,000 square feet of lot area for each dwelling.

(Ord. 1965-58. Passed 9-13-65.)

1171.06 LOT WIDTH.

No dwelling shall be erected on a lot having an average width of less than seventy-five feet, unless the lot was separately owned at the time of the passage of this section (Ordinance 1964-73, passed October 26, 1964), or unless such lot is a numbered lot in a subdivision that was on record in the office of the County Recorder at the time of the passage of this section (Ordinance 1964-73, passed October 26, 1964), for which a dedication of streets in such allotment was made for public use and accepted by Council.

(Ord. 1964-73. Passed 10-26-64.)

1171.07 NONCONFORMING SETBACKS.

(a) When strict adherence to the minimum setback requirements of this Code cannot be met, the applicant/property owner may appeal to the Board of Zoning Appeals for relief. The Board of Zoning Appeals shall require of the property owner such amendments to the plan as may be necessary to achieve the spirit and intent of this Code and to protect the health and welfare of the general public.

(b) The Board of Zoning Appeals shall determine the setbacks that achieve the spirit and intent of this Code.

(Ord. 2002-60. Passed 12-23-02.)

Exhibits 1-3 available in PDF: click HERE

1173.01 PERMITTED USES.

Within any Class A-1 District, no building, structure or premises shall be used or arranged or designed to be used, except for one or more of the following uses:

(a) Any principal use or accessory use permitted in Class A Districts with the same regulations and restrictions that are applicable to it in Class A Districts;

(b) Two-family dwellings, under the same regulations that are applicable to uses in Class A Districts.

(Ord. 1970-53. Passed 8-10-70.)

1174.01 PERMITTED USES.

Within any Class A-2 District, no building, structure or premises shall be used or arranged, or designed to be used, except for one or more of the following uses:

(a) Any principal or accessory use permitted in Class A Districts, with the same regulations and restrictions that are applicable to such use in Class A Districts; and

(b) One-family cluster units.

(Ord. 2000-3. Passed 1-25-00.)

1174.02 PURPOSE; LOCATION OF INDIVIDUAL UNITS; CONDITIONS.

(a) The purpose of this zoning classification is to allow residential development, consisting of five or more units, the additional flexibility necessary to make advantageous use of natural irregular land features which might otherwise have a negative impact on such a development. The physical location and arrangement of individual units within the development may be in any configuration acceptable to the Planning Commission and Council, except that no unit shall be vertical to any other unit.

(b) In addition to the provisions of division (a) of this section, the following conditions shall be met:

(1) Maximum density shall be five units per gross acre;

(2) Minimum land area shall not be less than two contiguous acres;

(3) Minimum floor area per unit:

A. 1-story:

With basement: 1,350 square feet

Without basement; 1,500 square feet

B. 2-story:

With basement 1,800 square feet

Without basement 1,900 square feet

(4) There shall be two attached automobile garage spaces per dwelling unit, unless otherwise determined by the Planning Commission and Council in accordance with Section 1174.03(b)(4);

(5) Guest parking spaces shall be equal to 20% of the number of dwelling units.

(6) The main service drive may be dedicated to the City;

(7) There shall be a minimum of ten feet between detached units;

(8) Any other conditions required by Council or the Planning Commission shall be met;

(9) The submission of a copy of any plan, covenant or restriction for the maintenance of common property shall include a provision requiring maintenance of any private street;

(10) Submission of a copy of all governing documents;

(11) Front yard setbacks shall be as follows:

A. 40 feet from the right-of-way on a major arterial street or collector street;

B. 20 feet from the right-of-way on a local street; and

C. 25 feet from the nearest edge of a sidewalk or roadway pavement on a private drive.

(12) The setback from an abutting single-family lot line shall be a minimum of 35 feet.

(13) A dedicated local street shall have a minimum right-of-way of 40 feet, with a preferred width of 50 feet.

(Ord. 2000-3. Passed 1-25-00; Ord. 2000-42. Passed 9-25-00.)

1174.03 APPROVAL OF ONE-FAMILY CLUSTER UNIT DEVELOPMENTS; SITE PLAN REQUIRED.

(a) The developer of any parcel of land requesting approval of a one-family cluster unit development shall prepare a detailed site plan of the cluster area proposed for the development. The plan of each one-family cluster residential area shall include the following:

(1) The number, location and arrangement of dwelling units;

(2) The proposed use of all private and common land;

(3) The location and arrangement of all dedicated streets, private driveways and pedestrian access ways;

(4) The number and arrangement of all parking and service areas;

(5) The location, preliminary sizing, preliminary profiles and other information that may be required by the City Engineer to determine the feasibility of the proposed utilities;

(6) The location and design of all site features; and

(7) The landscape design.

(b) The site plan shall be reviewed by:

(1) The City Engineer, to determine compliance with provisions of this chapter and all applicable standards;

(2) The City Planner, to evaluate the merits of the site plan and its impact on the subject area and City in general;

(3) The Director of Public Service, to determine compliance with the Building Code; and

(4) The Planning Commission, which shall report its recommendation to Council, which may either approve or disapprove the positive recommendation of the Planning Commission by a simple majority of the members of Council or override the negative recommendation by a two- thirds vote of the members of Council.

(Ord. 2000-3. Passed 1-25-00.)

1174.04 MAINTENANCE AGREEMENTS.

A copy of any plan, covenant or restriction for the maintenance of common property shall include a provision requiring maintenance of any private street and shall be submitted to the Director of Law for review and approval.

(Ord. 2000-3. Passed 1-25-00.)

1174.05 LIMITATIONS ON TOWNHOUSES.

Townhouse cluster attached single-family units shall be limited to thirty-five percent of the total number of building units.

(Ord. 2000-3. Passed 1-25-00.)

1175.01 PERMITTED USES.

Within any Class HB District, no building, structure or premises shall be used or arranged or designed to be used except for one or more of the following uses:

(a) Any principal use or accessory use permitted in Class A and A-1 Districts under the same regulations and restrictions that are applicable to it in Class A and A-1 Districts;

(b) Multiple-family units or apartments;

(Ord. 1962-2. Passed 1-8-62.)

1175.02 LOT AREA.

Within any Class HB District no apartment or multi-family unit shall be erected, altered or used to accommodate more than one family for each 1200 square feet of lot area. However, where an apartment building provides a minimum of one automobile parking space for each family unit within the confines of the apartment building itself or by underground parking, such requirement shall be reduced to 1000 square feet of lot area per family unit.

(Ord. 1962-2. Passed 1-8-62.)

1175.03 SETBACK LINE.

The setback line in any Class HB District shall be not less than thirty-five feet. However, Council may, upon two-thirds majority vote, authorize a setback line less than thirty-five feet if the public safety is not adversely affected thereby.

(Ord. 1962-2. Passed 1-8-62.)

1175.04 PROXIMITY OF APARTMENT BUILDINGS TO LOT LINES.

Within any Class HB District, no apartment building shall be located closer to any side lot line or rear lot line than a distance equal to twenty-five percent of the height of the building or fifty feet, whichever is greater.

(Ord. 1962-2. Passed 1-8-62.)

1177.01 PERMITTED USES.

Within any Class B District no building, structure or premises shall be used or arranged or designed to be used, except for one or more of the following uses:

(a) Any principal use or accessory use permitted in Class A and A-l Districts under the same regulations and restrictions that are applicable to it in Class A and A-l Districts;

(b) Multiple-family units or apartments^

(Ord. 1953-29. Passed 6-1-53.)

1177.02 LOT AREA.

No apartment or multiple-family unit shall be erected, altered or used to accommodate more than two families for each 6000 square feet of lot area, nor more than three families for each 7500 square feet of lot area, nor more than four families for each 10, 000 square feet of lot area, nor more than five families for each 12, 000 square feet of lot area, but in no case shall units be erected to exceed the minimum ratio of six families for each 14, 000 square feet of lot area, except where acreage is to be used for construction of apartments exclusively, the aggregate land of such subdivision exclusive of dedicated roadways or roadways proposed for dedication may be used in computing the average square feet of lot area requirements under this section; and except further, where a developer reserves the deeds to the Municipality an area of such subdivision for public park or playground purposes then fifty percent of such deeded area may be used in computing the average square feet of lot area required under this section.

(Ord. 1958-55. Passed 7-28-58.)

1177.03 SIDE YARDS, SETBACK LINE AND LOT WIDTH.

The provisions of Chapter 1171, Class A Districts, shall apply, provided, however, that Council may upon two-thirds majority vote allow a setback less than that required in Chapter 1171 if the public safety is not adversely affected thereby.

(Ord. 1961-26. Passed 5-8-61.)

1177.04 BRICK FACING.

No building occupied for residence purposes by more than one family shall be constructed in a Class B District unless all exterior walls are completely faced with stone, glass brick, marble, wood paneling, glass, metal or metal paneling, masonry brick, glazed brick or a combination of the foregoing. No metal or metal paneling, wood or wood paneling shall be approved unless it is conclusively shown to the Building Commission that such material does not rust, tarnish, discolor, warp or otherwise deteriorate more rapidly than stone, masonry brick or the other materials permitted by this section.

(Ord. 1966-79. Passed 9-26-66.)

1179.01 PERMITTED USES.

Within any Class B-1 District no building, structure or premises shall be used or arranged or designed to be used except for the purpose of parking of private passenger automobiles of tenants, employees or guests of the person, firm or corporation owning, leasing or controlling the land. There shall be no charge made for parking on the lot or land so classified. The lot shall not be used for sales, repair work or servicing of any kind.

(Ord. 1957-20. Passed 4-22-57.)

1181.01 PERMITTED USES.

Within any Class c District, no building, structure or premises shall be used or arranged or designed to be used except for one or more of the following uses:

(a) Any principal use or accessory use permitted in Class A and A-l Districts under the same regulations and restrictions that are applicable to it in Class A and A-l Districts;

(b) Any principal use or accessory use permitted in Class B Districts under the same regulations and restrictions that are applicable to it in Class B Districts;

(c) Any principal use or accessory use permitted in Class B-l Districts under the same regulations and restrictions that are applicable to it in Class B-l Districts;

(d) Any commercial business not injurious to adjacent premises or its occupants thereof by reason of the emission of dust, fumes, smoke, odor, noise, vibration or danger to life, property, safety or health;

(e) Accessory uses customarily incident to the foregoing permitted use, provided, however, that no building, structure or premises shall be used, arranged or designed to be used for any of the following or similar purposes:

(1) Manufacturing;

(2) Used car lots or junk yards;

(3) Plants for the reduction of garbage, dead animals or similar materials;

(4) Lumber, coal or building supply yards;

(5) Trailer parks;

(6) No signboards or billboards except those indicating the operator or business being conducted upon the premises or instructions for parking on the premises, except for temporary signs otherwise provided for in the Codified Ordinances of the City, shall be permitted. Signboards and billboards permitted under this division must receive the approval of the Planning Commission before they are erected or installed.

(7) Any other use not granted either actual or implied in this Zoning Code.

(f) Uses permitted in any Class C District will be subject to the following limitations: (L) No goods shall be displayed in front of the setback line. (2) No business shall be conducted in other than permanent buildings; open-air outside markets and other similar businesses are specifically prohibited. Whenever Class C land is used for a Class A, Class A-l or Class B use, the structures erected thereon shall meet all requirements of the Building Code insofar as the same are applicable and are higher standards than those applicable to Class A, Class A-l and Class B structures.

(g) Notwithstanding the foregoing division (f), special outdoor sales may be permitted in Class C Districts by an existing business that is licensed by the City on property which it owns or leases provided that:

(1) The business obtains a permit to conduct a special outdoor sale from the Director of Public Service at least two weeks prior to the date of the special outdoor sale.

(2) Sales are limited to software, such as wearing apparel, stationery, etc.; nonperishable foodstuffs; and hard goods, such as appliances, furniture, notions, etc. Motor vehicle sales are prohibited.

(3) The sales occur not more than three times in a calendar year by an existing business that is licensed by the City. The sales will be permitted on dates promulgated by the Director of Public Service. Such dates shall be determined by the first day of January of each year.

(4) The duration of each sale does not exceed three days. Additional time may be granted by the Director of Public Service.

(5) The location of such sales will not obstruct pedestrian circulation in and around the special sales area and will not create a safety hazard in terms of vehicular movement in the vicinity.

(6) Businesses conducting outdoor sales are solely responsible for securing their products from theft and vandalism.

(7) Upon completion of the sale the premises shall be immediately returned to its prior condition.

(8) No structures of a permanent nature are permitted.

(9) A site drawing may be required to be reviewed and approved by various departments of the City prior to a permit being issued.

(10) The following fees, to include inspections and reviews by the Director of Public Service and/or his designee, shall be paid to the Municipality to cover permit fees, inspection and costs:

A. One special sale, per occurrence: $25.00.

B. Three special sales applied for as one approved application: $50.00.

(Ord. 1975-27. Passed 3-24-75; Ord. 2014-6. Passed 4-14-14.)

1181.02 REAR YARDS.

There shall be a rear yard on every lot which rear yard shall have a minimum depth of sixteen feet for a one-story building, twenty feet for a two-story building and twenty-four feet for a three-story building.

Accessory buildings not more than fifteen feet high may be located in a rear yard provided the accessory buildings occupy not more than twenty-five percent of the rear yard area.

(Ord. 1953-29. Passed 6-1-53.)

1181.03 SETBACK LINE.

The setback line shall be no less than fifty feet, provided, however, that Council may upon two-thirds majority vote allow a setback less than fifty feet if the public safety is not adversely affected thereby.

(Ord. 1961-26. Passed 5-8-61.)

1181.04 BRICK FACING.

(a) No commercial building or buildings occupied for residence purposes by more than one family shall be constructed in a Class C District, unless all exterior walls are completely faced with stone, glass block, wood paneling, glass, metal or metal paneling, masonry brick, glazed brick or a combination of the foregoing. No metal or metal paneling, wood or wood paneling shall be approved unless it is conclusively shown to the Building Commission that such material does not rust, tarnish, discolor, warp or otherwise deteriorate more rapidly than stone, masonry brick or the other materials permitted by this section.

(b) As used in this section, “masonry brick” means a solid masonry unit made of clay or shale, formed into a rectangular prism while in the plastic state and burned or fired in a kiln and having a dimensional limit of four inches by four inches by twelve inches. (See also Section 1369.02.)

(Ord. 1994-43. Passed 9-12-94.)

1183.01 PERMITTED USES.

Within any Class C-l District no building, structure or premises shall be used or arranged or designed to be used except for the purpose of parking private passenger automobiles of tenants, employees, customers or guests of the person, firm or corporation owning, leasing or controlling the land. There shall be no charge made for parking on the lot or land so classified. The lot shall not be used for sales, repair work or servicing of any kind.

(Ord. 1957-20. Passed 4-22-57.)

1184.01 INTENT.

In recognition of the special nature of the needs of elderly persons, it is necessary to establish a zoning district specifically for elderly living and care where elderly person's needs, whatever level of attention they may require, can be met ranging from minimal care in independent living units, through personal intermediate and skilled nursing care.

A Senior Citizen Residential District (SCRD) 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 the City'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. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.02 ELDERLY DEFINED.

As used in this chapter, “elderly person” means persons who are at least 55 years of age in compliance with the Housing for Older Person Act of 1995, unless such persons fall within the following exception:

(a) A handicapped or infirm adult over age 18 whose disability requires the special amenities and services of a senior citizen complex.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.03 PERMITTED USES.

In a Senior Citizen Residential District (SCRD) 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 Class A, Class A-2 or Class B; and

(b) 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 multi-family 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 facilitates primarily for occupant; and

E. Administrative offices.

(2) Accessory uses are as follows:

A. Service and maintenance buildings; and

B. Off-street parking and garages as regulated in this chapter; and

C. Related facilities and services.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.04 DEVELOPMENT CRITERIA.

(a) 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 multi-family 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.

(b) 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. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.05 LOT AREA.

(a) Multi-family.

(1) A multi-family building may be designed, constructed, altered or maintained, provided the Senior Citizen Residential District (SCRD) 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; or 20 units per acre.

(2) No building shall be erected, nor shall an existing building be altered, which exceeds three stories in height.

(3) The ground floor area of all main and accessory buildings shall not exceed 50% of the lot area.

(b) Single-Family Cluster Homes.

(1) Within any Senior Citizen Residential District (SCRD) one family cluster unit may be arranged, or designed to be used in accordance with Section 1174.02.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.06 MAXIMUM DENSITY.

(a) For independent dwelling units, the density shall not exceed six units per acre, except that the Planning Commission may approve a maximum density of ten units per acre when the Senior Citizen Residential District (SCRD) is adjacent to a nonresidential district or other location where the Senior Citizen District is either isolated from or serves as a transitional development to an abutting residential district.

(b) For congregate care and assisted living/nursing home facilities, the density shall be governed by the maximum building height and maximum project area coverage.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.07 YARD REGULATIONS.

(a) Setback Line. The setback line in any Senior Citizens Residential District (SCRD) shall be not less than 50 feet. However, Council may, upon two-thirds majority vote, authorize a setback line less than 50 feet if the public safety is not adversely affected thereby.

(b) Proximity of Building to Lot Lines. No building shall be located closer to any side lot line or rear lot line than a distance equal to 25% of the height of the building or 50 feet, whichever is greater.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.08 BUILDING MATERIALS.

Building materials for any multi-family dwellings shall be in accordance with Section 1369.02.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.09 DEVELOPMENT DESIGN CRITERIA.

(a) Common Areas. Common areas shall be provided, maintained and controlled according to the following:

(1) Whenever independent dwelling units are included in a development, common open space shall be provided for the use and benefit of the residents. A minimum of 20% of the portion of project area devoted to independent dwelling units shall be set aside as common open space, and further subdivision or development of this common open space is prohibited.

(2) Whenever common areas are included in a Senior Citizen Residential Development (SCRD), a homeowners’ association, community association, condominium association or similar legal entity shall be created so that such association is responsible for the maintenance and control of common areas, including any required common open space.

(3) The Law Director shall determine that, based on documents submitted with the development plan, that association's bylaw or code of regulations ensure that the association will be responsible for maintenance, control, and insurance of common areas, including private roads and common drives.

(b) Pedestrian Circulation and Walkways. A pedestrian circulation system shall be included in the SCRD and should be designed to ensure that pedestrians can walk safely and easily throughout the development. The pedestrian system should provide connections between properties and activates or special features within common areas and need not always be located along streets. If the pedestrian system intersects a public or private street within the development, “pedestrian crossing” signs shall be posted.

(c) Required Utilities. Each use and all dwelling units in a senior citizen residential development shall be served by central water and sanitary sewer facilities, and underground utilities.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.10 PARKING.

Parking in any Senior Citizen Residential District (SCRD) shall be provided in accordance with the following schedule:

Multi-family	1/2 space per dwelling unit plus one space for each employee.
Single-family cluster	Two spaces per unit with one enclosed.
Skilled nursing care	1/2 space per bed plus one space for each employee.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.11 LANDSCAPE.

(a) 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.

(b) Front yard depth for accessory off-street parking areas shall be not less than ten feet.

(c) Accessory off-street parking areas in Senior Citizen Residential Districts (SCRD) adjacent to or surrounded by Class A, B, B-1 or HB Districts shall have a ten-foot side yard which shall be maintained as a landscaped area. A buffer designed to diffuse noise and light and to prohibit the passage of paper and other debris onto adjoining property shall be constructed within such ten-foot side yard. The location and type of buffer, structural and landscape features such as bumper guards, curbs, walls, fences, shrubs, ground cover or hedges shall be approved by the Planning Commission. Such landscaping and structural features shall be kept clean and maintained adequately at all times.

(d) Site design to be in compliance with Chapter 1105, Storm Water Management, Sediment and Erosion Control and Wetlands Protection.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.12 LIGHTING.

A parking area shall be thoroughly illuminated whenever the public street lights are lit and when the buildings served are in operation. Such illumination shall be so designed and located that light sources shall be shielded from adjoining Class A and B districts and streets and shall not be excessive brightness. Flickering, moving or intermittent illuminations shall not be permitted.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.13 LIVABLE FLOOR AREA.

(a) Definitions. As used in this chapter:

(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 heath care facilities” shall be regulated pursuant to Department of Health regulations pertaining to residential care facilities, including but not limited to O.A.C. 3701-17-64.

(3) “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.

(4) “Studio efficiency” means a dwelling unit in which the living-dining area and sleeping facilities are all located within one room.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.14 DEVELOPMENTAL 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. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1185.01 PURPOSE.

The purpose of the Mixed Use Districts is to encourage a compact mix of uses, including retail, service, office, and housing, to coexist in a manner that reflects human scale and emphasizes pedestrian orientation, taking advantage of the existing density of Parma Heights, the convenience provided by multimodal transportation options along Pearl Road and W. 130th Street, and the vitality that mixed uses can bring to a community.

These districts and associated regulations are intended to create and enhance areas of concentrated development along Pearl Road and W. 130th Street in order to:

(a) Promote a diverse mix of business, commercial, office, institutional, educational, cultural, and entertainment activities in suitable locations for workers, visitors, and residents.

(b) Promote integrated residential living environments that provide a broad range of housing types for an array of housing needs and lifestyle options.

(c) Encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit and contemporary businesses.

(d) Promote the health and well-being of residents by encouraging development that fosters physical activity, alternative transportation, and greater social interaction.

(e) Create a place that represents a unique, attractive, and memorable destination for visitors and residents.

(f) Enhance the community's character through the promotion of high quality urban design.

(g) Ensure that new development and redevelopment occurs in a unified manner.

(h) Ensure the mixed use districts reflect the existing and desired development along the Pearl Road and W. 130th Street commercial corridors, based on the Comprehensive Plan, other planning documents and existing development characteristics, as highlighted below:

(1) Town Center Mixed Use District (TC-MUD). The Town Center district is primarily intended to encourage and enhance the desired high-intensity and social function of the Town Center. The regulations support and build on the Town Center's role as a hub for business, office, government, retail, culture, entertainment and recreation. The district regulations support a mix of uses and residential projects, which are an important component of the Town Center's vitality, and promote connectivity to Greenbrier Commons civic center and Big Creek Parkway.

(2) W. 130th Street Mixed Use District (W130-MUD). This district is intended to foster a mixed-use environment that provides employment opportunities located within walking distances of residents and the range of compatible uses that are suitable for proximity to Southland Shopping Center, a major regional destination and transit hub.

(3) Neighborhood Mixed Use District (N-MUD). This district is primarily intended to accommodate moderate-density residential development and small-scale commercial and office uses in locations between the larger, denser Town Center and W. 130th Street Mixed Use Districts. Development is of a size and intensity suitable for smaller lots and compatible with the residential character of the adjacent neighborhoods.

(Ord. 2021-6. Passed 1-25-21.)

1185.02 PERMITTED USES.

No building, structure, premises, or portion thereof, shall be used, arranged to be used, or designed to be used, except as established below.

(a) Permitted Use Table Summary. Table 1185.02 sets forth the uses allowed in the Mixed Use Districts. The abbreviations used in the table are described as follows:

(1) Uses permitted by right. A "P" in a cell indicates that the use is allowed by right as a principal use in the respective district provided that all requirements of other City ordinances and this Planning and Zoning Code have been met.

(2) Conditional uses. A "C" in a cell indicates that the use is regulated as a conditional use. The use may be permitted in the respective district if approved through the conditional use review process in compliance with Chapter 1135 , provided that all standards for specific uses found in Chapter 1195 , Supplemental Use Requirements, or elsewhere as referenced herein and other relevant City ordinances and this Planning and Zoning Code have been met.

(3) Accessory uses. An "A" in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal or conditional use listed in Table 1185.02 and that the requirements of all other City ordinances and this Planning and Zoning Code have been met.

(4) Uses not permitted.

A. An "N" in a cell indicates that a use is not permitted in the respective district.

B. Any use not specifically listed in Table 1185.02 shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1163 or approval as a similar use as provided in Section 1135.10.

(b) Compliance with Standards. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular district, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question, including but not limited to any supplemental use-specific standards referenced in Table 1135.02 .

(c) Indoor/Outdoor Operations. All permitted uses in the Mixed Use Districts shall be conducted within a fully enclosed building unless otherwise expressly authorized. This requirement does not apply to accessory off-street parking and loading areas.

Table 1185.02 Permitted Uses
	TC-MUD Town Center Mixed- Use	W130-MUD W. 130th St. Mixed- Use	N-MUD Neighborhood Mixed- Use	Use-Specific Regulations
Residential:
Artist Live/Work units, above ground floor	P	P	P	1195.03(a)
Artist Live/Work units, ground floor	C	C	P	1195.03(a)
Dwelling Units, above nonresidential ground floor	P	P	P
Group Home, Large	C	C	C	1195.03(b )
Multi-Family Building	C	C	P	1195.03(c )
Skilled Nursing and Rehabilitation Facility	C	C	C	1195.03(d )
Town House/Attached Single-Family Dwellings	C	C	P	1195.03(e )
Public and Civic:
Cultural Institution, Libraries, Religious Assembly	P	P	P
Day Care Centers, child and adult	P	P	P
Hospitals	N	C	N	1195.04(a )
Parks, Other Public Open Space	P	P	P
Public Safety Services	P	P	P
Recreational Facilities, indoor, public or private	N	C	C	1195.04(b )
Schools, colleges, trade schools	C	C	C	1195.04(c )
Schools, primary and secondary	C	C	C	1195.04(d )
Commercial:
Animal Services, including veterinary clinics, sales and grooming (but not including boarding kennel)	P	P	P
Artist Work or Sales Space, Artisan production/fabrication	P	P	P
Brew pubs and wine bars	P	P	C[1]	1195.05(a )
Business services	P	P	P
Drive-Through Facility	C	C	C	1195.05(b )
Entertainment, indoor, in association with a permitted use	A	A	C	1195.05(c )
Financial Services	P	P	P[1]
Funeral Home	P	P	P
Marijuana Dispensary	C	C	C	Chaps 752, 1190
Medical/Dental offices or clinic	P	P	P[1]
Medication Maintenance Facility or Dispensary	N	C	N	1195.05(f)
Micro production facility (Micro-brewery, Micro-distillery, Micro-winery)	C	C	N	1195.05(a)
Offices, administrative, general, professional	P	P	P[1]
Outdoor Dining in association with a restaurant	C	C	C	1195.05(g)
Restaurants	P	P	P[1]
Personal Service, including health clubs and gyms	P	P	P[1]
Repair Service, consumer	P	P	P[1]
Permanent Cosmetics Services in association with a permitted personal service establishment	C	C	N	1195.05(h)
Tattoo or Body Piercing Services	N	C	N	Chap 773
Retail Sales, general	P	P	P[1]
Laboratories and Research Facilities	C	C	N	1195.05(d )
Light Industrial	N	C	N	1195.05(d )
Limited Outdoor Operations	N	C	N	1195.05(e )
Storage, Self-Service	N	C	N	1195.05(i)
Automotive Uses:
Car wash	C	C	C	1195.06(a )
Gas station	C	C	C	1195.06(b )
Parking, Commercial Garage	C	C	C	1195.06(c )
Vehicle repair, restoration	C	C	C	1195.06(d )
Vehicle sales, New car sales and associated service	C	C	C	1195.06(e )
Vehicle service	C	C	C	1195.06(f)
Other Accessory Uses and Structures
Fences and Walls	A	A	A
Landscape features (including gardens, fountains, sidewalks, and lawns ) and ornamental structures	A	A	A
Maintenance, storage, utility and waste disposal facilities in enclosed structure	A	A	A
Off-street parking and loading	A	A	A
Outdoor recreational structures, accessory to a day care center	A	A	A
Signage	A	A	A
Temporary transient outdoor business/sales[2]	A	A	A	1195.07

P = permitted by right; C = conditional use; A = accessory use; N = not allowed

[1] Individual business establishments are limited to a maximum of 5,000 square feet in area. Larger establishments or expansions beyond 5,000 square feet require conditional use approval.

[2] Permitted only upon obtaining authorization from the Director of Public Services.

(Ord. 2021-6. Passed 1-25-21; Ord. 2021-23. Passed 7-7-21; Ord. 2024-51. Passed 10-7-24.)

1185.03 USE REQUIREMENTS FOR LARGE PARCEL DEVELOPMENT.

(a) Within the Town Center Mixed-Use District, development proposals that involve at least 1.5 acres or 60,000 square feet of building floor area, whichever is less, shall:

(1) Include a mix of retail, office, residential or civic uses, so that no one use category exceeds 90 percent of the total floor area of the proposed development.

(2) A minimum of 50 percent of the linear first floor building frontage along primary streets shall be designed for retail, restaurant, and/or service uses, with a floor to ceiling height of at least ten feet.

(3) Facade transparency requirements. The ground floor facade of buildings that contain nonresidential uses on the ground floor shall include clear windows that permit views into the interior of the building and/or product display areas, in compliance with the minimum percentages set forth below:

A. Ground floor transparency is measured between two and eight feet above the sidewalk elevation on all ground story facades, regardless of whether a sidewalk is adjacent to the facade.

B. Street-facing building facades and non-street facing facades that include the primary building entrance shall provide a minimum of 60 percent ground floor transparency.

C. All other ground floor facades shall provide a minimum of 30 percent ground floor transparency.

(4) These requirements may be waived for conditional uses based on their location within the Town Center District.

(b) All parking structures shall be located toward the rear of the site and screened from view from the primary street by with other permitted uses.

(Ord. 2021-6. Passed 1-25-21.)

1185.04 DEVELOPMENT STANDARDS.

(a) New lots and construction of new buildings shall comply with the regulations in Table 1185.04.

Table 1185.04 Development Standards
	TC-MUD Town Center	W130-MUD W 130th St.	N-MUD Neighborhood
1) Lot and Density Requirements
A. Minimum lot area	20,000 sq ft	20,000 sq ft	none
B. Minimum lot width	50 ft	50 ft	50 ft
C. Maximum Residential Density	40 units per acre	40 units per acre	12 units per acre
2) Front Yard - building setback from street right-of-way:
A. Minimum:	5 feet	10 feet	5 feet
B. Maximum:	25 feet[1]	30 feet[1]	25 feet[1]
3) Side Yard - building and parking setback:
A. Setback abutting nonresidential district
1. Minimum:	None[1]	None[1]	5 feet
2. Maximum:	One third (1/3) the height of principal building.	None[1]	None[1]
B. Minimum setback abutting a residential district	20 feet	20 feet	20 feet
4) Rear Yard - building and parking setback:
A. Minimum setback abutting nonresidential district	5 feet	5 feet	5 feet
B. Minimum setback abutting a residential district	40 feet	40 feet	20 feet
5) Minimum building front to lot width ratio	65%	65%	50%
6) Minimum Parking setback from street right-of-way	10 ft[3]	10 ft[3]	10 ft
7) Parking setback and landscaped buffer when abutting a residential district [4]
A. Side yard buffer	10 feet	10 feet	10 feet
B. Rear yard buffer	20 feet	20 feet	10 feet
8) Public Open Space Requirements[5]
A. Nonresidential development proposals with 1.5 acres or 60,000 square feet of building floor area, whichever is less	5% of the project area	5% of project area	5% of project area
B. Residential development	10% of project area	10% of project area	15% of project area
Notes [1] Or the average front yard depth of the nearest two lots on either side of the subject lot, whichever is less. [2] Provided that abutting walls are constructed in accordance with building code requirements. [3] But no closer to the street than the principal building. [4] Shall also comply with the screening requirements in Section 1185.08. [5] In the case of a mixed use project, public open space shall be allocated to the property in proportion to the floor area devoted to uses included in the development and shall be located in relation to those uses.

(b) Minimum Building Front to Lot Width Ratio: In order to create continuity of the streetwall, the front facades of principal buildings shall be located within the front setback limits in compliance with the minimum building front to lot width ratio specified in Table 1185.04 .

(1) A public plaza, unenclosed landscaped courtyard or other publicly accessible open meeting the open space type requirements may count for up to 25 percent of the requirement.

(2) The building front to lot width ratio is determined by dividing the length of the principal building(s) parallel to the front lot line and within the front setback limits by the length of the front lot line (not including side setbacks).

(c) Exceptions: The following exceptions to the maximum front building setback and maximum building front to lot width ratio shall apply:

(1) A portion of the building may be located beyond the maximum setback line to provide an articulated facade or accommodate a building entrance feature, provided that the total area of the space created must not exceed one square foot for every linear foot of building frontage.

(2) A building may be located beyond the maximum setback to accommodate an outdoor eating area or designed to meet the public open space requirement. In order to preserve the continuity of the streetwall, the building setback shall not exceed 50 feet from the street right-of-way line, or at least 40 percent of the building facade must be located at the maximum setback line.

(Ord. 2021-6. Passed 1-25-21.)

1185.05 HEIGHT REQUIREMENTS.

Development in a Mixed-Use District is subject to the following building height standards:

(a) All buildings shall comply with the maximum building height listed in Table 1185.05.

(b) Buildings that are located within the front setback limits shall comply with the minimum number of required stories.

(1) Unless otherwise specified, story height is measured in feet between the floor of one story to the floor of the story above it.

(2) For single story buildings and the uppermost story of a multi-story building, story height shall be measured from the floor of the story to the eave line on pitched roofs and to the tallest point of the roof deck on parapet and flat roofs.

(d) Accessory buildings shall not exceed the height of the principal building.

(e) Rooftop mechanical housing and equipment may extend up to ten feet above the maximum height limit and shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building.

Table 1185.05 Height Standards [1]
	TC-MUD Town Center	W130-MUD W 130th St	N-MUD Neighborhood
A. Maximum Building Height	60 feet	60 feet	30 feet
B. Minimum number of stories [2]	Two (2) stories	Two (2) stories	One (1) story
C. Minimum height of ground story	12 feet	12 feet	12 feet
D. Minimum height of upper story	10 feet	10 feet	Not Applicable
[1] Site-specific height restrictions may be established as part of the overall site plan to promote design compatibility with the surrounding area and to minimize negative visual impacts, particularly on adjacent or nearby residential areas. [2] See subsection 1185.05b. for compliance requirements.

(Ord. 2021-6. Passed 1-25-21.)

1185.06 PARKING REQUIREMENTS.

(a) General Requirements. Off-street parking and associated driveways shall conform to the parking requirements set forth in Chapter 1187 , except as modified herein. Where there is a conflict between a provision in this section and a provision in Chapter 1187 , the requirements of this chapter shall prevail.

(b) Location of Off-Street Parking Spaces. Off-street surface parking shall not be located between the facade of a building and the primary street. Parking shall be located to the rear or side of a building, provided that the building complies with the minimum building front to lot width ratio set forth in Table 1185.04 (5).

(c) Bicycle Parking. Bicycle parking facilities shall be located so as to not interfere with pedestrian and vehicular circulation.

(d) Parking lots shall be designed to include features that support alternative forms of transportation, such as bike racks, bus stops, benches, and walkways.

(e) Common driveways shall be created wherever possible to serve commercial facilities in order to reduce curb cuts.

(Ord. 2021-6. Passed 1-25-21.)

1185.07 PARKING LOT LANDSCAPING.

(a) Internal Parking Lot Landscaping. Parking lots that contain 40 or more spaces shall provide interior parking lot landscaping in compliance with the following standards:

(1) A minimum of five percent of the parking lot area shall be planted as landscaped island areas, developed and distributed throughout the parking lot so as to provide visual and climatic relief from broad expanses of pavement.

(2) Each landscaped island shall be a minimum of ten feet in any horizontal dimension and shall provide at least one major shade tree with a clear trunk height of at least six feet and a minimum caliper of two inches. At least one tree is required for every landscaped island within a parking lot.

(3) Shrub plantings adjacent to a building along the perimeter of the parking lot, or in any part of a yard, shall not be counted as interior landscaping of the parking lot. For the purpose of this section the area of a parking lot shall be the total vehicular surface area including circulation aisles.

(4) Wheel stops, curbs or walkways shall be used to protect landscaped islands from vehicles.

(b) Additional Plantings along Public Streets. Whenever parking areas consisting of five spaces or more are located such that the parked cars will be visible from a public street, landscaping, in addition to the interior landscaping required in subsection (a) hereof, shall be planted and maintained between the street and the parking lot. Such landscaping shall be a minimum height of two and one-half feet, located adjacent to the parking lot and shall be placed to effectively obscure a minimum of 50 percent of the parking area.

(Ord. 2021-6. Passed 1-25-21.)

1185.08 SCREENING REQUIREMENTS ABUTTING RESIDENTIAL DISTRICTS.

When a lot in any Mixed Use District abuts a Residential District or when a nonresidential use is approved in a Residential District, buffering along the entire length of the common boundary shall be provided in accordance with the following regulations, and shall be approved as part of the development plan required by Chapter 1133.

(a) No structure shall be permitted within a required buffer area other than a wall, fence, mound, or earth berm. Driveways may cross perpendicularly across a buffer area, disturbing the least amount of buffer.

(b) Screening shall consist of one or any combination of the following:

(1) A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

(2) A nonliving opaque structure such as a solid masonry wall, solidly constructed decorated fence, or louvered fence.

(3) A landscaped mound or berm.

(1) Visual screening walls, fences or mounds and fences in combination shall be a minimum of six feet high in order to accomplish the desired screening effect.

(2) Vegetation shall be planted with such minimum height to assure that the required six feet screening effect shall be achieved not later than 12 months after the initial installation.

(d) All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

(e) Materials used in any ornamental wall or fence shall be compatible with the character of the proposed development and abutting properties.

(f) The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.

(Ord. 2021-6. Passed 1-25-21.)

1185.09 DESIGN STANDARDS AND PRINCIPLES.

All new development or redevelopment projects in a Mixed Use District shall be subject to the following design standards and principles.

(a) Building and Site Design.

(1) Buildings shall be designed to respect the street context, to form street walls where appropriate, and to respect or create view corridors.

(2) Buildings and sites shall be designed to emphasize pedestrian scale, human scale architecture, and landscaping, while avoiding large expanses of paved areas, large featureless buildings, and monotonous or franchise-style architecture.

(3) All sides of a building open to view by the public shall display a similar level of architectural quality, and shall be subdivided and proportioned using features such as windows, entrances, arcades, awnings, or other such features.

(4) Each building facade shall incorporate design elements for each 20 horizontal feet, such as changes in color or texture; projections, recesses, and reveals; arcades or pergolas providing pedestrian interest; or equivalent elements that subdivides the wall into human scale proportions.

(5) First floor facades facing streets or pedestrian ways should incorporate large amounts (at least 60 percent of the facade) of clear windows that permit views into the interior of the building and/or product display areas.

(6) Building facades shall have highly visible customer service entrances that feature canopies, overhangs, arcades, distinctive roof forms, arches, display windows, or landscaped features. Primary entrances should face, and be visible from the street on which they are located and shall be directly accessible and visible from the sidewalk.

(7) Buildings shall be designed and arranged to define the public and private space with open views and surveillance for public areas and privacy for private areas.

(b) Vehicular Circulation and Access.

(1) To the maximum extent feasible, common or shared service and delivery access shall be provided between adjacent parcels or buildings, and provided to the rear of buildings.

(2) Consolidation of existing vehicular access points along Pearl Road and W. 130th Street is encouraged.

(3) Transit stops should be incorporated into site plans, where feasible.

(1) Pedestrian connections shall be provided to adjacent properties to the maximum extent feasible.

(2) Continuous sidewalks or other pedestrian facilities shall be provided between the primary entrances to buildings, all parking areas that serve the buildings, pedestrian facilities on adjacent properties that extend to the boundaries shared with the development, any public sidewalk along perimeter streets, or other community amenities or gathering spaces.

(3) Pedestrian-scale lighting fixtures shall be provided along all sidewalks and walkways to provide ample lighting during nighttime hours.

(4) Street furniture, benches, decorative light and similar pedestrian amenities are encouraged.

(5) Open and public space should be provided as a mixture of green space landscaping and hardscape pedestrian areas.

(d) Parking Lot Design and Layout.

(1) The required interior parking lot landscaped islands should be distributed throughout the parking lot to divide parking spaces into groupings to minimize the visual impact of off-street parking lots.

(2) Parking structures shall be designed to be compatible with the adjacent buildings and district architecture and shall provide clearly marked pedestrian connections to the sidewalk.

(3) Parking structures should be designed so that all or a portion of the structure could be converted to alternative uses.

(e) Landscaping and Screening.

(1) Landscaping shall be used to define public entrances using signature landscaping elements.

(2) Entryways shall be planted with ornamental plant materials such as ornamental trees, flowering shrubs, and perennials, and ground covers.

(3) Landscaping should be designed and constructed to promote on-site water management and infiltration through the use of native plants and porous landscape detention, swales, and filter strips.

(f) Streetscape Improvements.

(1) Whenever a development project includes the creation of new streets, a streetscape plan shall be submitted for the entire site. The streetscape plan shall address the relationship between vehicular and pedestrian traffic, pedestrian facilities, street and sidewalk lighting, landscaping, street furniture, trash receptacles, and transit stops.

(2) Site furnishings such as benches, seating, trash receptacles, bike racks, lighting fixtures, and tree grates shall be provided as part of the streetscape plan.

(g) Service Area and Mechanical Screening.

(1) Service areas shall be located away from streets and pedestrian areas, and shall be screened to reduce the visual impact of service activities.

(2) The following shall be screened from public view with obscuring material: mechanical equipment (regardless of location), waste containers, recycling containers, and utilities.

(h) Signage. All signs shall be constructed and located in conformance with all applicable provisions of Chapter 1383 .

(i) Lighting.

(1) Lighting shall be designed to avoid spillover onto adjacent properties through the use of cutoff shields or other similar features.

(2) A lighting plan shall be prepared, including a photometric illustration.

(Ord. 2021-6. Passed 1-25-21.)

1185.10 DEVELOPMENT PLAN REVIEW.

Building permits for proposed development shall be issued only after a development plan has been reviewed and approved by the Planning Commission according to the procedures set forth in Sections 1133.04 through 1133.12.

(Ord. 2021-6. Passed 1-25-21.)

1187.01 PURPOSES.

Off-street parking and loading requirements are established within the classes of zoning districts established by Section 1161.01 to promote the general convenience, welfare and prosperity of the community. More specific purposes are:

(a) To relieve congestion on streets, so that they can be utilized more fully for movement of traffic;

(b) To promote the safety and convenience of pedestrians and shoppers by distributing car movements in the vicinity of intense car concentration;

(c) To protect residences from vehicular traffic congestion in adjacent business and other places of intense car concentration;

(d) To promote the prosperity of present and future business developments, which depend upon provisions for such conveniences; and

(e) To protect residents and pedestrians from the hazards created by use of the streets for parking in areas where an excessive number of vehicles are to be parked.

(Ord. 1958-56. Passed 7-28-58.)

1187.02 ACCESSORY PARKING FACILITIES REQUIRED.

Accessory off-street parking facilities (including accessways) shall be provided as a condition precedent to occupancy of a residential, institutional, business, commercial and manufacturing development, in all of such classes of zoning, in conformance with the following 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 of the number of dwelling units, seating capacity and/or floor areas of the building; or

(Ord. 1958-56. Passed 7-28-58.)

1187.03 CONTINUATION OF EXISTING FACILITIES.

All existing off-street parking facilities or those required as accessory to a proposed or altered building or use shall continue unobstructed in operation and shall not be reduced below required size as long as the main building use remains, unless an equivalent number of spaces is provided for such facilities in another location.

(Ord. 1958-56. Passed 7-28-58.)

1187.04 CONSIDERATION IN THE ISSUANCE OF BUILDING PERMITS.

Detailed drawings of off-street parking and/or loading facilities shall be submitted for approval by the Planning Commission before a building permit is granted. Such drawings shall show the number of spaces and the locations, dimensions and descriptions of all features enumerated in Sections 1187.09 through 1187.15.

(Ord.1966-79. Passed 9-26-66.)

1187.05 MEASUREMENT STANDARDS.

(a) “Accessory parking space” means an open or enclosed area, accessible from a street, with not less than 180 square feet (nine feet x twenty feet) of standing space, exclusive of drives and other accessways, for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building use, provided, however, if any automobiles are parked in line, bumper to bumper, the parking space shall be not less than 216 square feet and not less than nine feet in width and twenty-four feet in length.

(b) “Floor area” means the total usable floor area of all the floors excluding areas devoted to mechanical equipment, stairways, elevators, restrooms, employees' lounges, public hallways and areas used for the storage and/or packaging of merchandise and supplies, provided, however, that such excluded area does not exceed twenty percent.

(c) “Seat” means the number of seating spaces installed or indicated, or each twenty- four lineal inches of benches, pews or space for loose chairs or similar seating facilities; spacing of rows shall be thirty inches on center.

(d) “Fractional unit” means where the computation for determining the number of parking spaces results in a fractional space unit, one additional space shall be provided.

(e) “Side yards” and “front yards” mean the unoccupied space on the same lot between the curb indicating the limits of the parking area and the lot line.

(Ord. 1966-79. Passed 9-26-66.)

1187.06 SCHEDULE OF REQUIRED OFF-STREET PARKING.

BUILDING OR USE	REQUIRED MINIMUM PARKING SPACE
Residential
(a) One-family dwelling	2 spaces per dwelling unit.
(b) Two-family dwelling	2 spaces per dwelling unit.
(c) Rooming house	1 space per dwelling unit.

(Ord. 1965-56. Passed 8-23-56.)

BUILDING OR USE	REQUIRED MINIMUM PARKING SPACE
(d) Group dwelling, condominium or apartment	2-1/2 spaces per dwelling unit.
100 percent of the parking requirements for single-family dwelling units and eighty percent of all parking requirements for two-family dwelling units, rooming houses, group dwellings, condominiums or apartments shall be in the form of garage parking spaces. For this purpose, “garage” means a building or portion thereof designed for the storage of automobiles and which is fully protected from the elements by walls, roof, windows and doors. (Ord. 1976-26. Passed 4-12-76.) The Planning Commission, upon application of the owner of a building or business, may modify Section 1187.06 to provide less than the required percentage of garage parking, where in unusual circumstances undue hardship would be suffered or no good purpose would be served by compliance with such requirements, provided that the applicant provides a landscape buffer to screen open parking that is approved by the Landscape Architect and City Engineer, and in no instance shall the covered parking be less than 25% of the required number of covered parking spaces.

BUILDING OR USE	REQUIRED MINIMUM PARKING SPACE
(e) Hotels, motels and tourist homes	1 space per guest room.
Institutions
(f) Hospitals	1 space per two beds.
(g) Clinics, health centers	1 space per 200 sq. ft. gross floor area.
(h) Libraries, museums	1 space per 400 sq. ft.
(i) Places of worship	1 space per each 4 seats in auditorium and assembly room. Assembly room includes without any limitation of its ordinary meaning the portion of the church in which the congregation worships.
(j) Mortuaries	1 space per 30 sq. ft. of assembly room, or 1 space for each 6 seats, whichever requires the greater number of spaces.
(k) Public buildings, municipal and educational	1 space per each full-time employee, or 1 space for each classroom and/or office, whichever requires the greater number of spaces.
Amusements and Assembly
(l) Theatres, lodge halls, assembly rooms, arenas, stadiums and other auditoriums (including those in schools, etc.)	1 space per 4 seats in building.
(m) Dance halls, skating rinks, swimming pools	1 space per 50 sq. ft. of area used for dancing, skating or swimming.
(n) Bowling alleys	5 spaces per alley.
(o) Internet cafes	A minimum of 35 off-street parking places, or 1 such space for every 2 computerized sweepstake devices, whichever is greater
Business
(p) Medical and dental offices	5 spaces per 1,000 sq. ft.
(q) Office	4.5 spaces per 1,000 sq. ft.
(r) Retail stores, banks
Retail space 10,000 sq. ft. or less	5 spaces per 1,000 sq. ft.
Retail space 10,001 to 40,000 sq. ft.	5 spaces per 1,000 sq. ft.
Retail space over 40,001 sq. ft.	4.5 spaces per 1,000 sq. ft.
(s) Eating places, bars, taverns	1 space per 50 sq. ft. floor area or
	1 space for each 2 seats, whichever requires the greater number of spaces.
(t) Auto wash establishments	1 space per 50 sq. ft. of floor area.
At least ten percent of the required parking spaces shall be permanent off- street parking spaces with proper ingress and egress and the balance may be in waiting line driveways and the wash line itself.
(u) Barber shops and beauty parlors	1 space per 75 sq. ft. floor area.
Commercial - Manufacturing
(v) Machine, shops, manufacturing and printing plants, laboratories and similar establishments	1 space per 400 sq. ft. of floor area, or
	1 space for each 1-1/2 employees, whichever requires the greater number of spaces.
Other Buildings or Uses
(w) For a specific building or use not scheduled above, application shall be made to the Planning Commission for a determination of the off-street parking space to be required, to be most similar to the proposed building or use.
Combined Uses
(x) If any building is used for more than one of the above scheduled uses, the off-street parking requirements shall be computed for each separate use and all such individual requirements totaled to determine the total requirement of the building.
Undue Hardship
(y) The Planning Commission, upon application of the owner of a building or business, may modify the off-street parking requirements where in unusual circumstances undue hardship would be suffered or no good purpose would be served by compliance with such requirements.
Jurisdiction
(z) Upon its own determination, the Planning Commission shall have the right to assume jurisdiction in order to inspect and approve the parking plan of any new occupant in any Class C zoning.

(Ord. 1965-56. Passed 8-23-65; Ord. 2003-11. Passed 5-12-03; Ord. 2013-3. Passed 1-28-13; Ord. 2014-17. Passed 6-23-14.)

1187.07 SEPARATE OR COMBINED USE OF FACILITIES.

A building containing one use shall provide the off-street parking spaces as required for the specific use. A building or group of buildings containing two or more uses, operating normally during the same hours, and which have different off-street parking requirements shall provide spaces for not less than the sum of the spaces required for each use; provided, however, where the two or more uses do not operate normally during the same hours and there is a combined use of facilities, building or area, there shall be a contract between the parties so operating the two or more uses, covering a period of time as may be required by the Board of Zoning Appeals, and providing for the use of the parking area, and provided further that should either of the combined uses be changed or discontinued, then the required spaces for the use remaining shall be provided elsewhere as a condition precedent to the continued use of such remaining building.

(Ord. 1958-56. Passed 7-28-58.)

1187.08 MAXIMUM SPACES FOR RESIDENCES.

In one-family residential districts, the sum of the open and enclosed (permanent) accessory parking facilities shall not exceed three spaces per dwelling unit on lots of 12,000 square feet or less, and not more than four spaces per dwelling unit on lots of more than 12,000 square feet.

In residential districts, one truck not exceeding three-fourths ton in rated capacity may be stored in a garage only, provided such truck is used solely by the occupant.

(Ord. 1958-56. Passed 7-28-58.)

1187.09 LOCATION OF PARKING FACILITIES.

(a) Residential Buildings. Accessory parking facilities shall be located on the same lot as the building served; permanent, open facilities for overnight parking shall not be located within the required front or side yards, or where a building is not permitted. Group parking facilities in Class B Districts shall be kept available to each dwelling unit.

(b) Institutional, Amusement and Assembly Buildings. Accessory parking facilities shall be provided on the same lot as the building served, however, where no such adjacent land is available, then the nearest point of the lot shall be located within a walking distance of 150 feet of such building.

(c) Business Buildings. Accessory parking facilities shall be located on the same lot or adjacent to the building served, however, where no such adjacent land is available, the nearest point of the lot shall be located within a walking distance of 200 feet of such building, but not across a major thoroughfare.

(d) Commercial-Manufacturing Building. Accessory parking facilities shall be located on the same lot as the main use, however, where no such adjacent land is available, the nearest point of the lot shall be located within a walking distance of 200 feet of such use.

(Ord. 1958-56. Passed 7-28-58.)

1187.10 ACCESSWAYS TO PARKING AREAS.

A one-way driveway shall be not less than nine feet in width, unless the driveway is designated as a fire lane or parking lot aisle than at no point shall the one-way drive be less than eighteen feet in width. Two-way driveways shall not be less than eighteen feet in width, unless the driveway is designated as a two-way parking lot drive aisle than at no point shall the two-way drive aisle be less than twenty-two feet. Two-way driveways entering onto a public roadway shall not exceed thirty feet in width excluding the required turnout apron turnouts.

(Ord. 1975-4. Passed 1-13-75; Ord. 2003-11. Passed 5-12-03.)

1187.11 PARKING AREA IMPROVEMENTS.

All parking facilities and accessways shall be constructed of reinforced concrete or asphalt pavement with sufficient depth to support the intended traffic loads. All aprons within the public right-of-way in residential districts shall be constructed of reinforced concrete with a depth of not less than six inches and not less than eight inches in all commercial districts. Asphalt aprons within the public right-of-way in commercial and multi-family districts will not be permitted.

(Ord. 1958-56. Passed 7-28-58; Ord. 2003-11. Passed 5-12-03.)

1187.12 YARD REGULATIONS; PROTECTION OF ADJACENT AREAS.

(a) Front yard depth for accessory off-street parking areas shall be not less than five feet.

(b) Accessory off-street parking areas when adjacent to a Class C or C-1 District, shall not be required to maintain a side yard but there shall be constructed bumper guards, guard rails, concrete curbs or other permanent devices to prohibit the flow of traffic from property to property except in those areas where openings for the flow of traffic have been approved by the Planning Commission.

(c) Accessory off-street parking areas when in Class B, B-1, C, C-1 or HB Districts and adjacent to or surrounded by Class A, B, B-1 or HB Districts shall have a ten foot side yard which shall be maintained as a landscaped area. A buffer designed to diffuse noise and light and to prohibit the passage of paper and other debris onto adjoining property shall be constructed within such ten foot side yard. The location and type of buffer, structural and landscape features such as bumper guards, curbs, walls, fences, shrubs, ground cover or hedges shall be approved by the Planning Commission. Such landscaping and structural features shall be kept clean and maintained adequately at all times.

(Ord. 1966-79. Passed 9-26-66.)

1187.13 SIGNS IN PARKING AREAS.

No signs except those indicating the operator, purpose or business served, or instructions for parking shall be permitted. Such a permitted sign shall be limited to not more than one such sign on each street which abuts the area, shall not exceed twenty square feet in area, shall not extend more than ten feet in height above the ground, and shall not be located outside the part of lot used for parking, or located less than fifty feet from a lot line of a Class A District.

(Ord. 1958-56. Passed 7-28-58.)

1187.14 ILLUMINATION OF PARKING AREAS.

A parking area shall be thoroughly illuminated whenever the public street lights are lit and when the buildings served are in operation. Such illumination shall be so designed and located that light sources shall be shielded from adjoining Class A and B Districts and streets and shall not be of excessive brightness. Flickering, moving or intermittent illumination shall not be permitted.

(Ord. 1958-56. Passed 7-28-58.)

1187.15 OFF-STREET LOADING FACILITIES.

Loading or unloading facilities shall be provided, in addition to off-street parking, for all business, commercial or manufacturing buildings hereafter erected or altered to such uses. Such facilities shall be not less than twelve feet wide and located not less than fifty feet form the front property line when facing the main street, and when alongside a building or alley, such facilities shall be located so that a standing truck (loading or unloading) of a size generally serving such purpose will not interfere with vehicular or pedestrian traffic.

At least one off-street loading space shall be provided for each 20,000 square feet of gross floor area, or fraction thereof, of manufacturing, storage, wholesale or retail buildings and shall be maintained as long as such building is occupied or unless an equivalent number of spaces is provided in conformance with these requirements.

(Ord. 1958-56. Passed 7-28-58.)

1187.16 EXISTING USES.

Reference in the foregoing sections to uses which may now or hereafter be prohibited within the Municipality is not to be constructed as authorizing such uses, but rather is intended to establish off-street parking requirements for such uses which now may exist.

(Ord. 1958-56. Passed 7-28-58.)

1189.01 PURPOSES.

The guidelines of this chapter were adopted for the purpose of evaluating applicants for special use permits relative to community residential facilities.

(Ord. 1986-56. Passed 10-27-86.)

1189.02 DEFINITIONS.

As used in this chapter:

(a) “Community residential facility” means a dwelling unit that has been licensed or certified under the laws of the State or Federal government, in which dwelling unit live three or more people who need and receive personal assistance and/or supervision in order to live successfully in the community. “Community residential facility” includes, but is not limited to, homes licensed by the Ohio Department of Developmental Disabilities, and the Ohio Department of Health, and the U.S. Department of Veterans Affairs.

(b) “Family home” means a community residential facility in which at least three but not more than eight people who need personal assistance and/or supervision live, and which otherwise qualifies as a single-family dwelling under these Codified Ordinances.

(c) “Group home” means a community residential facility in which at least nine but not more than nineteen people who need personal assistance and/ or supervision live, and which otherwise qualifies as a multifamily dwelling under these Codified Ordinances.

(Ord 1986-56. Passed 10-27-86; Ord. 2024-65. Passed 1-13-25.)

1189.03 CONDITIONS FOR ESTABLISHMENT.

The Department of Public Safety may permit a community residential facility in the appropriate zoning district, provided that:

(a) No community residential facility may be located within a one-quarter mile radius of any existing community residential facility.

(b) The facility has registered with the Director of Public Safety prior to the beginning of operation and annually thereafter, provides a copy of its current license or certificate and states the maximum number of residents of the facility.

(1) Persons discharged within the last ten years from a penal or correctional facility, or from the custody of the Ohio Department of Youth Services;

(2) Persons under probation, parole or conditional release during the time of residence;

(3) Persons discharged from any facility after being found incompetent to stand trial or not guilty by reason of insanity;

(4) Persons being treated for drug abuse or primarily for alcohol abuse; or

(5) Persons who cannot function adequately in a community setting and/ or who constitute a reasonably foreseeable danger to the community.

(Ord. 1986-56. Passed 10-27-86; Ord. 2024-65. Passed 1-13-25.)

1189.04 REGISTRATION REQUIRED.

(a) All community residential facilities shall register with the Director of Public Safety prior to beginning operation and annually thereafter.

(b) All community residential facilities must meet all licensing and certification requirements of the City and of the appropriate state or county certifying agencies. Certification and licensing documentation must be provided to the Department of Public

Safety prior to beginning operation and annually thereafter. Registration must be done by January 1 annually with the Department of Public Safety.

(1) Provide a copy of all current, valid licenses or certificates to operate the facility pursuant to the Ohio Revised Code and other applicable laws;

(2) Provide a copy of its certificate of a continuing policy of general liability insurance in an amount of at least one million dollars ($1,000,000) which includes coverage for individuals' losses due to theft or property damage, as required by the Ohio Revised Code, the Ohio Administrative Code, and other applicable laws:

(3) State the location of the facility;

(4) State the maximum number of residents of the facility; and

(5) Pay a registration fee of two hundred dollars ($200.00). Such registration fee may be waived for not-for-profit operators.

(d) All community residential facilities which are in operation on the effective date of this chapter (Ordinance 1986-56, passed October 27, 1986) shall be permitted following registration, regardless of the distance between facilities.

(e) The operator or the operator's designee must immediately provide written updates to the City regarding any changes to the information included in the registration for the community residential facility.

(Ord. 1986-56. Passed 10-27-86; Ord. 2024-65. Passed 1-13-25.)

1189.05 CHANGE OF USE.

Occupancy as a Community Residential Facility shall not be considered as a change of use in a building which has been used for residential purposes immediately prior to use as a Community Residential Facility.

(Ord. 1986-56. Passed 10-27-86; Ord. 2024-65. Passed 1-13-25.)

1189.06 REVOCATION OR TERMINATION OF APPROVAL.

The Director of Public Safety may revoke or terminate any previously granted approval of a community residential facility where, upon the basis of evidence presented, after notice and hearing, he or she determines that there has been noncompliance with the conditions of approval and regulations set forth in this chapter or that there has been noncompliance with City, State and/or Federal codes.

Any approval of the community residential facility, as provided in this chapter, shall be automatically revoked or terminated upon the revocation or termination of any license, approval or certificate by any County, State or Federal agency.

(Ord. 1986-56. Passed 10-27-86; Ord. 2024-65. Passed 1-13-25.)

1190.01 PURPOSE.

It is the purpose of this chapter to regulate marijuana dispensaries in order to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of marijuana dispensaries within the City.

(Ord. 2018-34. Passed 8-1-18; Ord. 2024-50. Passed 10-7-24.)

1190.02 DEFINITIONS.

For purposes of this chapter:

(a) “Director” shall mean the Director of Public Service.

(b) “Dispensary” shall have the same meaning as in Ohio Admin. Code 3796:1-1-01 and/or R.C. § 3780.01.

(c) “Licensee” means a person in whose name a license to operate a marijuana dispensary has been issued under Chapter 752, as well as the individual(s) designated on the license application as principally responsible for the operation of the marijuana dispensary.

(d) “Marijuana” shall have the same meaning as in R.C. § 3796.01 and/or 3780.01.

(e) “Operate” means to control or hold primary responsibility for the operation of a marijuana dispensary, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility.

(1) “Operate” or “cause to be operated” shall mean to cause to function or to put or keep in operation.

(2) “Operator” means any persons on the premises of a marijuana dispensary who is authorized to exercise overall operational control or hold primary responsibility for the operation of a marijuana dispensary or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a marijuana dispensary whether or not that person is an owner, part owner, or licensee of the business.

(f) “Person” means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

(g) “School,” “church,” “public library,” “public playground,” and “public park” shall have the same meanings as in R.C. 3796.30.

(Ord. 2018-34. Passed 8-1-18; Ord. 2024-50. Passed 10-7-24.)

1190.03 LOCATION OF MARIJUANA DISPENSARIES.

(a) Marijuana dispensaries may be located only in a Mixed-Use District as a conditionally permitted use pursuant to Chapter 1185 and in accordance with the restrictions contained in this chapter.

(b) No marijuana dispensaries may be established or operated within 500 feet of a school, church, public library, public playground, or public park in the City.

(d) Not more than one marijuana dispensary shall be established or operated in the same building, structure, or portion thereof.

(e) For the purpose of divisions (b) and (c) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a marijuana dispensary is conducted, to the nearest property line of the premises of a marijuana dispensary or a school, church, public library, public playground, or public park.

(f) Vehicular access to marijuana dispensaries shall be limited to main arterial roadways. No curbcut or driveway shall access any residential street, regardless of frontage, nor shall such facilities maintain such vehicular access via license or easement upon adjoining parcel. Any existing curbcut or driveway shall be eliminated as a prerequisite to conditional use approval and subject to development review. In the event of a conditional use for a drive-through business in connection with a marijuana dispensary, this requirement shall expressly supersede and replace the corner lot specifications and requirements in Section 1195.05(b)(3) regarding the amount and location of access drives, and shall eliminate the maximum amount of access drives on any street frontage (thus, more than one access drive may be permitted per frontage in the event of a corner lot).

(g) Marijuana dispensaries shall not be located on parcels of land with less than 25,000 square feet, nor shall such facilities be located on parcels with multiple tenants within a plaza of shops.

(h) No more than one dispensary shall be located within any single mixed-use district.

(Ord. 2018-34. Passed 8-1-18; Ord. 2024-50. Passed 10-7-24.)

1190.04 DESIGN GUIDELINES FOR MARIJUANA DISPENSARIES.

(a) Parking for a marijuana dispensary shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening, as required by the Planning Commission. Landscaping and screening shall be continuously maintained and promptly restored, if deemed necessary by the Director of Public Service.

(b) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.

(c) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.

(d) All exterior site and building lighting, which shall be provided, must be approved by the Planning Commission, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.

(e) Any marijuana dispensary adjacent to a residential district and/or use shall contain a minimum six-foot-high solid fence along such abutting property lines and be approved by the Planning Commission pursuant to Chapter 1193.

(f) Rules, regulations and local permitting requirements imposed on a licensee by the City shall be interpreted in all instances to conform to the state licensing requirements for dispensaries, but in the event the City's rules, regulations and permitting requirements impose a greater obligation on a licensee than the state licensing requirements, the local provisions shall be enforced.

(g) Applicants must meet any additional criteria and fulfill any additional requirements associated with obtaining a conditional use permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit.

(Ord. 2018-34. Passed 8-1-18; Ord. 2024-50. Passed 10-7-24.)

1190.05 OFF-STREET PARKING.

Off-street parking for a marijuana dispensary shall be provided, pursuant to Chapter 1187, except that the Planning Commission may require an off-street parking plan.

(Ord. 2018-34. Passed 8-1-18; Ord. 2024-50. Passed 10-7-24.)

1190.06 SIGN REGULATIONS FOR MARIJUANA DISPENSARIES.

(a) All signs for a marijuana dispensary shall be awning signs, wall signs or window signs as defined in Chapter 1383 of the Parma Heights Codified Ordinances and shall be constructed and located in conformance with all applicable provisions of Chapter 1383 of the Building Code.

(b) All signs for a marijuana dispensary shall be maintained in accordance with Chapter 1383 of the Parma Heights Codified Ordinances and may be ordered to be removed in accordance with the provisions of that chapter.

(c) No merchandise or pictures of the products on the premises of a marijuana dispensary shall be displayed on signs, in window areas or any area where they can be viewed from the sidewalk or street in front of the building. No sign shall bear any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display, decoration, sign, window or any other means.

(d) Window areas of a marijuana dispensary shall not be covered or made opaque in any way. A one-square-foot sign shall be placed on the door to state hours of operation. Additional signage to conform to the requirements Section 752.16 may be permitted.

(Ord. 2018-34. Passed 8-1-18; Ord. 2024-50. Passed 10-7-24.)

1190.07 LICENSING.

Marijuana dispensaries as described in Section 1190.03 herein shall be licensed and operated pursuant to Chapter 752.

(Ord. 2018-34. Passed 8-1-18; Ord. 2024-50. Passed 10-7-24.)

1190.08 HEARING; RENEWAL; REVOCATION.

(a) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit application for a marijuana dispensary shall be heard by the Planning Commission and, if approved, shall expire at the same time as the expiration of the marijuana dispensary license pursuant to Section 752.10 (a). Subsequent renewal of the conditional use permit, with an intention to expedite the renewal process, may be made administratively by the Director of Public Service if no significant modifications to the conditions of the permit have been proposed and no violations have been determined. Violations may include, for example, legitimate loitering complaints, excessive police calls to the immediate vicinity, noise complaints, non-compliance with the terms of the conditional use permit, or non-compliance with other applicable state or local regulation. The licensee shall have a reasonable opportunity and time to cure the complaint or possible non-compliance as defined in this section before being subject to revocation or suspension.

(b) Determination of administrative renewal is at the discretion of the Director of Public Service. Renewal applications must be submitted in writing at least thirty days prior to expiration of permit.

(d) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit granted for a marijuana dispensary may be revoked by the Planning Commission after referral to the Planning Commission by the Director of Public Service and after a public hearing on whether violations have occurred or the spirit and intent of the conditional use permit has not been met. Notice of such hearing shall be sent to the licensee and to others, as if a zoning change were requested.

(Ord. 2018-34. Passed 8-1-18; Ord. 2024-50. Passed 10-7-24.)

1190.09 SEVERABILITY.

If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.

(Ord. 2018-34. Passed 8-1-18.)

1191.01 PURPOSES.

The purpose of this chapter is to establish standards for the registration of Type B family day-care homes located in the City of Parma Heights, Ohio.

(Ord. 1987-41. Passed 9-14-87; Ord. 2024-66. Passed 1-13-25.)

1191.02 DEFINITIONS.

As used in this chapter:

(a) "Administrator" means the person responsible for the daily operation of a Type B family day-care home. The Administrator and the owner may be the same person.

(b) "Child care" means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;

(2) By persons other than their parents, guardians, or custodians;

(3) For any part of the twenty-four-hour day;

(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home; and

(5) By a provider required by R.C. Chapter 5104 to be licensed or approved by the Ohio Department of Job and Family Services, certified by the Cuyahoga County Department of Job and Family Services, or under contract with the department to provide publicly funded child care as described in R.C. § 5104.32, or operating an unlicensed Type B family day-care home.

(c) "Child-care staff member" means an employee of a Type B family day-care home who is primarily responsible for the care and supervision of children. The Administrator may also be a part-time child-care staff member when not involved in other duties.

(d) "Owner" means a person or individual, corporation, business trust, estate, trust, partnership, association, or government entity that owns the Type B family day-care home.

(e) "Type B family day-care home" means a permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the Type B family day-care homes shall be counted.

(Ord 1987-41. Passed 9-14-87; Ord. 2024-66. Passed 1-13-25.)

1191.03 CONDITIONS FOR ESTABLISHMENT.

The Director of Public Safety may permit a Type B family day-care home in the appropriate zoning district, provided that:

(a) No Type B family day-care home is located within a 500-foot radius of any existing Type B family day-care home.

(b) The Type B family day-care home has registered with the Director of Public Service prior to the beginning of operation and annually thereafter, provides a copy of its current license or certificate and states the number of children and ages of such children in the Type B family day-care home.

(Ord. 1987-56. Passed 12-28-87; Ord. 2024-66. Passed 1-13-25.)

1191.04 REGISTRATION REQUIRED.

(a) All Type B family day-care homes located in the City shall be registered with the City by the owner. Registration of each home daycare shall be made on a separate form provided by the City and shall include the following information and documentation:

(1) Day-care home, name, address, and phone number of the day-care home.

(2) Owner, name, address, phone number, email address, date of birth of the owner of the home daycare, and if the day-care home owner is a corporation or business, the name, address, phone number, email address, and date of birth of the day-care home owner's agent.

(3) Property owner, name, address, phone number, email address, date of birth of the property owner where the home daycare is located, and if the property owner is a corporation or business, the name, address, phone number, email address, and date of birth of the property owner's agent. The property owner must also submit an affidavit of identification and authority on a form provided by the City.

(4) Administrator, name, address, phone number, email address, date of birth of the administrator of the home daycare.

(5) Proof of a valid registration with the Ohio Secretary of State for the day-care home, if applicable.

(6) Proof of a valid registration with the Ohio Secretary of State of the property owner where the day-care home is located, if the owner is a business or corporation.

(7) Copy of the current, valid license to operate the day-care home pursuant to the Ohio Revised Code and other applicable laws.

(8) If the day-care home or its owner is leasing the property where the day-care home is located, a copy of the lease agreement including written consent from the property owner to operate the home daycare.

(9) Statement of certification that the information being provided is true and accurate.

(10) Written letter of consent from the property owner for the operation of the day-care home if the property owner is different from the owner.

(b) The registration fee for each day-care home is nonrefundable and shall be one hundred dollars ($100.00) for each Type B family day-care home.

(c) The owner or administrator of the day-care home must immediately provide written updates to the City regarding any changes to the information included in the registration for the day-care home and further provide written notice to the City of the following events within the stated deadlines:

(1) Closure of the day-care home within thirty days of closing.

(2) Violation of license requirements within seven days of receiving notice from the county or other overseeing entity.

(d) Upon completion of the registration form and payment of the registration fee, the City shall issue to the registrant a Certificate of Registration as proof of registration. Certificates of Registration shall be non-transferrable and state the following: the date of issuance; address of the day-care home and name; the name(s) of the owner of the property where the day-care home is located, if different from the owner of the day-care home; and indicate that it is a Type B family day-care home.

(e) The owner of the Type B family day-care home at the time of the adoption of this section shall have ninety days from the effective date of this chapter to comply with the registration provisions contained in this chapter.

(f) A Certificate of Registration issued under this chapter shall be valid for a period of no more than twelve months from the date issued unless the Certificate becomes void due to violations of any provisions of this chapter or the day-care home owner's written notice to the City requesting revocation of the Certificate.

(g) An Ohio Bureau of Criminal Identification and Investigation Civilian Criminal History Check must be completed and submitted to the Department of Public Safety before a license can be issued.

(h) All Type B family day-care homes which are in operation on the effective date of this chapter (Ordinance 1987-41, passed September 14, 1987) shall be permitted, following registration, regardless of the distance between such homes.

(Ord. 1987-41. Passed 9-14-87; Ord. 2024-66. Passed 1-13-25.)

1191.05 CHANGE OF USE.

Occupancy as a Type B family day-care home shall not be considered as a change of use in a building which has been used for residential purposes immediately prior to use as a Type B family day-care home.

(Ord. 1987-41. Passed 9-14-87.)

1191.06 RENEWAL OF CERTIFICATE OF REGISTRATION.

(a) Each Certificate of Registration for Type B family day-care homes shall be renewed annually by January 1 and subject to the same requirements as the initial registration pursuant to Section 1191.04.

(b) The renewal fee for each day-care home is nonrefundable and shall be one hundred dollars ($100.00) for each Type B family day-care home.

(c) Upon completion of the renewal and payment of the renewal fee, the City shall issue to the registrant a Certificate of Registration as proof of registration. Certificates of Registration shall be non-transferable and state the following: the date of issuance; address of the day-care home and name; the name(s) of the owner of the property where the day-care home is located, if different from the owner of the day-care home; and indicate that it is a Type B family day-care home.

(Ord. 2024-66. Passed 1-13-25.)

1191.07 REVOCATION OR TERMINATION OF APPROVAL.

The Director of Public Safety may revoke or terminate any previously granted approval of a Type B family day-care home where, upon the basis of evidence presented, after notice and hearing, he or she determines that there has been noncompliance with the conditions of approval and regulations set forth in this chapter, or that there has been noncompliance with City, State and/or Federal codes.

Any approval of the Type B family day-care home, as provided in this chapter, shall be automatically revoked or terminated upon the revocation or termination of any license, approval or certificate by any County, State or Federal agency.

(Ord. 1987-41. Passed 9-14-87; Ord. 2024-66. Passed 1-13-25.)

1191.08 HOURS OF OPERATION.

A Type B family day-care home shall be permitted to remain open for child day care and child day-care services between the hours of 6:30 a.m. and 7:30 p.m.

(Ord. 1995-3. Passed 2-13-95.)

1191.09 INSPECTIONS AND COMPLIANCE.

(a) Inspections.

(b) Compliance. The owner, or his or her designee, of each Type B family day-care home shall file, and maintain with the Department of Public Safety, proof of current licensing, certification or other approval of every public agency charged with its regulation.

(Ord. 2024-66. Passed 1-13-25.)

1191.99 PENALTY.

Whoever violates or fails to comply with any of the provisions of this chapter is 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.

(Ord. 1987-41. Passed 9-14-87.)

1193.01 YARD STRUCTURES AND LANDSCAPE FEATURES.

(a) Yard structures such as fences, trellises, walls, and landscape features such as hedges, trees and shrubs, may be permitted along the side or rear yards. Such structures and landscape features are permitted along the side and rear lot line to a maximum height of six feet. Wood fences shall be treated with wood preservative or painted and well maintained. The finished side of the fence shall be toward the neighbor.

(b) No person shall construct or install any wall, fence or other structure on any property without first making an application and obtaining a permit therefor from the Building Department. The applicant must submit a sketch showing the location, height, type of fence and distance from structures of abutting property owners. The application must be accompanied by the base application fee of fifty dollars ($50.00) plus twenty-five cents ($0.25) per running lineal foot.

(1) The City does not assume the responsibility of any encroachments or defining of any property lines. The property owner is responsible for ensuring the accuracy and proper placement of the fence.

(2) The Director of Public Service shall give due regard to safety factors and effect on neighborhood property values, along with other applicable requirements of the Building Code.

(c) No fence, hedge, trellis or other device used to mark boundary lines around a property, or within the property line, exceeding six feet in height, shall be erected, altered, reconstructed or relocated on any lawn adjacent to any boundary line of any lot or parcel of land, or any part thereof in the City. Permitted fences in residential districts shall include the following types: picket, ranch, board on board, chain link (top rail bar required), PVC material, split rail and stockade. Masonry walls of brick, random stone or ashlar, coursed stone or ashlar, or decorative block are permitted, subject to the approval of the Director of Public Service. Necessary drainage and/or drain tile shall be installed to ensure proper drainage. Prohibited fences include panel fences where panels are made of plastic, metal or fiberglass, wire mesh fences which have openings between the wires of larger than four inches, individual strand-type wire fences, basket weave and barbed wire. No fence or supporting structure shall be installed in an easement or swale.

(d) Post spacing shall not exceed eight feet. All post holes should be a minimum of 30 inches deep for four-foot-high fences and 36 inches deep for fences higher than four feet, up to six feet. All terminal, corner and gate posts should be set 36 inches deep.

(e) Post holes should be at least four inches larger in diameter than the largest dimension of the post. All terminal, corner and gateposts should be set in concrete.

(f) Fences shall be permitted only in rear yards. If a residential structure has a side entrance, the fence shall be no further towards the street than three feet past the side entrance on the driveway side of house. The fence shall be no further towards the street than the rear of the residential structure on the non-driveway side of the residential structure.

(g) The height of any fence shall be measured using the average elevation grade at the front of the building.

(h) Erection or positioning of yard structures acting as a barrier, including but not limited to, any wall, fence, hedge, shrub, tree, other structure, or other growth, on a corner lot shall not start any closer to the street than the setback of the house and not less than two feet off the sidewalk on the side of the existing property. The yard structure, including but not limited to, any wall, fence, hedge, shrub, tree, other structure, or other growth, on the non-street side of the property shall be no further toward the street than the rear of the residential structure, and in no case shall it extend any further toward the street than five feet past the side door, if any, on the non-street side of the property.

(i) No fence shall be erected from the sidewalk line of any property to the front projection of the building thereof, otherwise defined as the building setback line. Nothing contained in this section shall apply to shrubbery for decorative purposes, which in no event shall be permitted to grow above three feet in height when more than 15 feet from the intersection of a driveway with the public sidewalk, or 18 inches in height when less than 15 feet from the intersection of a driveway with a public sidewalk. Any trees within a side yard shall have the branches trimmed so as to provide a minimum distance of eight feet from the ground to the lowest branches when such branches are located within 15 feet of the intersection of a driveway with a public sidewalk.

(j) The supporting posts of fences, hedges, trellises or other devices used to mark or establish boundary lines around property, or within the property line, where posts are necessary, shall be erected on the side of the property being fenced. In other words, posts shall be erected on the inside of the fence, hedge, trellis, etc., and not on the outside of the fence.

(k) This section shall apply to public facility, retail, office, commercial and industrial lots, except for such lots, fences in excess of six feet in height may be approved by the Planning Commission in order to more adequately screen such lots from the view of adjacent residential property.

(l) Decorative open fencing may be constructed in a front yard and shall not exceed 30 inches in height and shall be set back a minimum of five feet from the front of the property. No chain-link, board on board or stockade fence is permitted in a front yard. Decorative fencing shall not be continuous in construction or in any way enclose the front yard.

(m) Treated wood fences must comply with current EPA regulations, or the corresponding provisions of subsequent legislation.

(Ord. 2002-12. Passed 4-8-02; Ord. 2006-18. Passed 6-12-06; Ord. 2006-18. Passed 6-12-06; Ord. 2010-13. Passed 5-10-10; Ord. 2018-33. Passed 8-1-18; Ord. 2024-45. Passed 6-24-24.)

1193.02 DANGEROUS AND HAZARDOUS PROPERTY LINE MARKERS.

No person shall install, erect, place, maintain or permit or cause the installation, erection, placement or maintenance of any stake, stick, pole, stone, rock or other dangerous or hazardous object to mark, designate or establish any property line. Any object or device which, once installed, erected, place or maintained to mark, designate or establish a property line, will be a danger to life or limb of those persons reasonably using the area in the vicinity where such object or device is located, is prohibited, and shall constitute a public nuisance and shall be subject to abatement as provided in Section 634.05.

(Ord. 2002-12. Passed 4-8-02; Ord. 2024-45. Passed 6-24-24.)

1193.03 OBSTRUCTIONS TO VIEW

No yard structure, including but not limited to, any wall, fence, hedge, shrub, tree, other structure, or other growth, shall be constructed, planted or maintained in such a manner as to obstruct the view of traffic.

(Ord. 2002-12. Passed 4-8-02; Ord. 2024-45. Passed 6-24-24.)

1193.04 VIOLATION; LEGAL AND EQUITABLE REMEDIES.

(a) Enforcement of this chapter shall be authorized by filing a criminal complaint in a court of competent jurisdiction, alleging a violation of any of the provisions of this chapter.

(b) No person shall fail or refuse to comply with any order issued by any City authority pursuant to the provisions of this chapter within the period specified for such compliance.

(d) The provisions of this chapter shall apply equally to any occupant, owner, agent, superintendent, officer, member or partner, trustee or receiver who shall alone or with others have a legal or equitable ownership in the premises, or shall have possession, charge, care or control of the premises.

(e) Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree. A separate offense shall be committed each day during or on which a violation occurs or continues. The application of this penalty shall be in addition to the equitable remedies.

(Ord. 2002-12. Passed 4-8-02; Ord. 2024-45. Passed 6-24-24.)

1195.01 PURPOSE.

This chapter establishes supplemental standards, exceptions to standards, or alternative standards for particular uses in order to protect surrounding property values and uses, and protect the public health, safety, and general welfare.

(Ord. 2021-7. Passed 1-25-21.)

1195.02 APPLICABILITY.

No use governed by the regulations in this chapter may be initiated, established, or maintained unless it complies with the standards set forth for such use in this chapter.

(a) Where site development standards for a specific use are not listed, such use shall comply with the development standards for the applicable zoning district.

(b) To the extent there is a conflict between a standard in another chapter of this Zoning Code and a standard in this chapter, the standard in this chapter governs unless otherwise indicated.

(c) Whenever state law requires a use regulated by this Planning and Zoning Code to be registered, certified or licensed, compliance with such law shall be a condition precedent to zoning approval of such use. Failure to maintain such license, certification or other approval requirements shall be cause for revocation of the applicant's conditional use permit.

(d) Any use in this chapter that is regulated as a conditional use in the district in which it proposed shall also comply with the conditional use criteria set forth in Section 1135.07.

(Ord. 2021-7. Passed 1-25-21.)

1195.03 RESIDENTIAL USE-SPECIFIC REGULATIONS.

(a) Artist Live/Work Units.

(1) In a mixed use district, ground floor live/work units may be located in a commercial building or a residential building.

(2) Living space shall be physically integrated into the live/work unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance with the other provisions of this section.

(3) Live/work units with less than 2,000 square feet of total floor area are required only one parking space for the unit.

(4) Live/work units on the first floor of a commercial building shall comply with the following:

A. The unit is subject to the development standards for first floor establishments as set forth for the district in which the live/work unit is located, including transparency requirements.

B. The work area shall be located at the front of the unit, with a minimum of 80 percent of the length of the first floor facade of the unit shall be devoted to the nonresidential use.

C. Within each live/work unit, the living area shall not exceed 50 percent of the total floor area of the unit.

(b) Group Home, Large.

(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:

A. The resident intends to live at the dwelling on a continuing basis; and,

B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.

(2) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's occupancy permit;

(3) Signs or other means of identification as a group home shall not be permitted;

(4) The group home shall meet local fire safety requirements for the proposed use and level of occupancy;

(5) Large group homes shall comply with the following additional requirements:

A. The applicant shall demonstrate that adequate qualified supervision will be provided in the home on a 24 hour per day basis;

B. The applicant shall comply with the applicable parking regulations of the Planning and Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;

C. In considering whether to grant the conditional use permit, Planning Commission shall take into consideration the proximity and location of other such large group homes within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use;

D. Conversion of an existing dwelling to a large group home shall require that the dwelling be brought into conformity with existing City regulations.

(1) In a mixed use district, multi-family buildings shall be designed to be in proportion to and compatible with the surrounding development in order to advance the goals of Chapter 1185.

(2) In the Town Center Mixed Use District, the concentration and amount of land devoted to multi-family development may be limited in order to maintain a mix of the types and variety of uses necessary to create a vibrant town center district.

(3) Landscaping shall be designed and installed to provide appropriate transition from commercial to residential uses within the district.

(d) Skilled Nursing and Rehabilitation Facility.

(1) Allowable uses.

A. Clinical care services covering short term and long term care and in-patient rehabilitation.

B. Assisted living facilities.

(2) Development standards.

A. Unless otherwise specified below or altered by the Planning Commission, the use shall comply with the development standards of the district in which it is located.

B. The minimum lot area shall be three acres and the minimum lot width shall be 200 feet.

C. Impervious surfaces, including areas devoted to buildings and pavement, shall not occupy more than 60 percent of the lot.

D. The development of the proposed use shall not discourage the development of future uses permitted by right on adjacent property.

(3) Assisted living facility.

A. The facility shall accommodate no more than 32 beds per acre.

B. Personal care services shall include laundry and housekeeping, and shall have at least one staff person on duty 24 hours each day.

C. Assisted living facilities shall include a common dining room capable of accommodating 50 percent of the residents at one sitting and may also provide a mix of service uses to meet the needs of residents including: laundry facilities, lounges, exercise facilities, physical and occupational therapy facilities, and personal services facilities such as a hair salon.

D. All applicable provisions and requirements of the Fire Code shall be met and certification of such compliance by the appropriate official shall accompany the application.

E. As required by the relevant provisions of the Ohio Revised Code, the applicant shall present satisfactory evidence that the proposed facility meets all necessary certification, licensing or approval requirements of any appropriate state agency.

(e) Town House/Attached Single-Family Dwellings.

(1) Project site. The project site shall be comprised of contiguous land that is not less than one acre, nor larger than five acres, with a minimum of 100 feet of frontage.

(2) Dwelling types. Permitted dwelling unit types include single-family detached units and single-family attached units with no more than six units attached in one building.

(3) Maximum density. The gross density shall not exceed seven units per acre.

(4) Lot requirements.

A. Land may, but is not required to, be subdivided into sublots to allow ownership of land for individual dwelling units. If land is subdivided for this purpose, the lot size and shape shall be sufficient to accommodate a dwelling unit in compliance with the spacing requirements of this section, as approved by the Planning Commission.

B. Any land not owned by an individual dwelling unit owner shall be designated as common area and owned and controlled by the owner's association.

C. All fee simple lots, common areas, building site boundaries and building footprints indicating the location of dwelling units and accessory structures such as decks and patios, shall be shown on the development plan. The dimensions of setbacks and spacing between building shall be noted to verify compliance with the spacing requirements of this section.

D. A subdivision plat shall be submitted with the development plan if any of the dwelling units will be constructed on individual lots or as condominium dwelling units.

(5) Minimum spacing between dwellings.

A. In order to ensure reasonable privacy and separation, the spacing between dwellings shall comply with the following:

1. The minimum side yard separation between attached dwellings shall be 12 feet.

2. The minimum rear yard separation between attached dwellings shall be fifty feet.

B. These distances may be reduced if/when the Planning Commission finds that adequate landscaping and screening ensures privacy between units, and that sufficient space is provided for the proper maintenance of the area, and for landscaping (including ground cover) to survive.

C. For the purposes of this section:

1. Living areas include the following rooms or spaces: bedrooms, dens, living rooms, great rooms, etc. Kitchen and dining areas are not subject to these requirements.

2. Primary windows are those windows on the wall of the living area that has the largest amount of area. When two walls have equal window area, either wall may be considered as having the primary windows.

(6) Minimum common open space and common land requirements.

A. Land not designated for individual ownership shall be dedicated as common land.

B. Legal instruments shall grant ownership and require perpetual maintenance of the common land by the developer, homeowners' association or other entity or organization approved by the City prior to [final] approval of the cluster development.

C. A homeowners association which takes title to common land shall comply with requirements for homeowners associations. Further division or development of common land shall be prohibited unless the approved development plan is amended.

(7) The front setbacks for the units attached to each others shall vary a minimum of three feet and a maximum of eight feet from one unit to the next.

(Ord. 2021-7. Passed 1-25-21.)

1195.04 PUBLIC AND CIVIC USE-SPECIFIC REGULATIONS.

(a) Hospitals.

(1) The minimum lot area shall be three acres and the minimum lot width shall be 200 feet.

(2) Ambulances and other vehicles used in the operation of the principal use shall be stored in an enclosed building.

(3) Access drives shall be located on the site to promote safety and efficient traffic circulation, and reduce the impact of traffic generated by the use on the surrounding area. Points of ingress and egress to the site may be limited to meet this objective.

(b) Recreation Facilities, Indoor, Public or Private.

(1) The proposed use shall not generate excessive noise beyond the premises. In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.

(2) All activities, programs, and other events shall be identified in the application, related to the approved conditional use and shall be adequately supervised and monitored to prevent injury to persons, damage to property and disturbance or nuisance to surrounding properties, residents, or to the community in general.

(3) The hours of operation may be regulated by the Planning Commission.

(4) There shall be no outside activities conducted.

(5) The facility shall meet all county or State of Ohio health, building, electrical and other applicable codes. In case of overlapping codes and/or jurisdictions, the more restrictive shall apply.

(1) The use should be located to minimize the amount of space located in a retail setting that is inactive during normal business hours. Such establishments are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district.

(d) Schools, Primary and Secondary.

(1) All access drives shall be located on the site at the maximum, feasible distance from existing intersections to maximize traffic safety and reduce traffic congestion and restricted turning movements.

(2) A pedestrian walkway shall be provided from the public sidewalk to the principal entrance.

(Ord. 2021-7. Passed 1-25-21.)

1195.05 COMMERCIAL USE-SPECIFIC REGULATIONS.

(a) Brewpubs and Micro Production Facilities (Micro-brewery, Micro-distillery, Micro-winery).

(1) Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency.

(2) Brewpubs:

A. A minimum of 50 percent of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area.

B. The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed 50 percent of the total floor area of the entire facility or 8,000 square feet, whichever is less.

(3) Micro production facilities shall provide a minimum of 1,500 square feet devoted to on-site retail sale, restaurant or tasting room for the on-site consumption of products produced on the premises.

(4) Each brewpub and micro production facility shall be architecturally compatible with the surrounding commercial uses.

(5) No outdoor storage of brewing equipment or materials shall be permitted.

(6) The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.

(7) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses.

(8) Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the City, that they have not exceeded the annual beverage production limit in any 12 month period.

(b) Drive-Thru and Drive-In Facilities, in Association with a Permitted Principal or Conditional Use.

(1) Such facilities shall be located on a major street in an area least disruptive to pedestrian and vehicular traffic.

(2) Loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.

(3) On a corner lot, the location of access drives to the street shall be placed as far from the intersection as possible and shall be limited to no more than one access drive per street frontage.

(4) Interconnecting circulation aisles between parcels shall be provided when practicable.

(5) The Planning Commission may impose restrictions on the hours of operation.

(1) Dance floors and other similar entertainment facilities including live entertainment shall be permitted only as an accessory use to a permitted principal use.

(2) The Planning Commission may impose restrictions on the hours such establishment is open for business.

(3) All indoor entertainment/music shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.

(4) Outside entertainment/music may be permitted provided it complies with the following:

A. Outdoor entertainment/music shall be permitted no later than 10:00 p.m. Sunday through Wednesdays and no later than 12:00 a.m. on Thursdays through Saturdays.

B. The location of the area devoted to outdoor entertainment/music shall be clearly indicated on the site plan.

C. The Planning Commission may require the outdoor area to be screened with a wall, fence or landscaping in order to ensure that sound does not exceed normal conversation levels beyond the property line or cause a nuisance to adjoining properties.

(d) Laboratories, Research Facilities and Light Industrial.

(1) The principal activities of the use shall occur within an enclosed building.

(2) Where the site is adjacent to a residential zoning district, hours of operation may be restricted.

(3) No exterior odor, dust, noise, or other impacts shall be produced as a result of the use. The Planning Commission may impose additional noise reduction measures, including landscaping and sound barriers, to minimize noise and to maintain the prevailing noise levels of permitted uses in the zoning district.

(4) The development of the proposed use shall not discourage the development of future uses permitted by right on adjacent property.

(5) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses.

(e) Limited Outdoor Operations.

(1) The outdoor operations, such as outdoor storage of fleet vehicles, shall be located in the rear yard in compliance with the required building setbacks.

(2) The area shall not exceed ten percent of the ground floor area of the principal building.

(3) The area shall be entirely screened from view from the street and surrounding properties by a fence having a minimum height of six feet.

(4) No odor, dust, noise, or other impacts shall be produced as a result of the use.

(f) Medication Maintenance Facility or Dispensary.

(1) The facility shall be located on a lot with frontage on, and vehicular access to W. 130th Street.

(2) Each facility shall include a waiting and departure lounge sufficient in size to accommodate all scheduled patrons, which shall be open to patrons at least one hour before and after any official business is to be conducted. Such areas shall include restroom facilities that shall be open at least one hour prior to the beginning of scheduled services.

(3) Designated outdoor smoking areas shall be located to the rear of the principal building.

(4) In its review of a conditional use permit application for a medication maintenance facility or dispensary, the Planning Commission may consider the provider's history in operating similar programs in other locations, including any suspension or revocation of license, disciplinary action or zoning, building, health code, or criminal violations with the City of Parma Heights, Cuyahoga County, or the State of Ohio.

(g) Outdoor Dining, in Association with a Permitted Restaurant.

(1) Outdoor dining shall be permitted only as an accessory use to a permitted restaurant with an indoor eating area on the same site.

A. The restaurant that the outdoor dining facility is accessory to shall provide, prepare, or serve the food and beverages consumed by patrons within the outdoor dining area.

B. The number of seats permitted outdoor shall be less than the number of seats inside the restaurant.

C. The restaurant shall obtain and post permits required for outdoor food handling and shall comply with state and local health and sanitation regulations.

D. Outside entertainment, including but not limited to a band, orchestra, musician, singer, radio, television, loudspeaker, microphone, individual, group or other amplifying mechanical device is prohibited in the outdoor dining area unless specifically authorized as part of the conditional use permit.

(2) Location requirements:

A. The outdoor dining area shall be located entirely on private property, contiguous to the principal building the dining area is connected with or between such principal building and an adjacent parking area, provided it does not replace any off-street parking, loading, or landscaping areas that are required by this Code.

B. The location of the outdoor cafes and food service areas shall not require customers and employees to cross driveways or parking areas to go between the cafe/food service area and the principal building.

C. The outdoor dining area shall comply with the building setback regulations for the zoning district in which it is located.

D. Outdoor seating shall be located so as not to obstruct any entrance or exit to the restaurant.

E. The outdoor dining area shall not be located within ten feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, or loading zone.

(3) Additional standards.

A. Outdoor seating areas located in the front yard shall be limited to seating only, and shall not include table bussing facilities, cooking facilities, or trash facilities.

B. Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard.

C. Outdoor heaters may be permitted pursuant to the Health and Fire Codes.

(4) Outside entertainment/music may be permitted provided it complies with the following:

A. Outdoor entertainment/music shall be permitted no later than 10:00 p.m. Sunday through Wednesdays and no later than 12:00 a.m. on Thursdays through Saturdays.

B. The location of the area devoted to outdoor entertainment/music shall be clearly indicated on the site plan.

(h) Permanent Cosmetics Services in Association with a Permitted Personal Service Establishment.

(1) Permanent cosmetic services shall be provided a permitted personal service establishment, such as a salon, spa or skin care business, as an ancillary service. For the purposes of this section, a service shall be considered ancillary if it meets the following three criteria:

A. The ancillary use occupies less than ten percent of the floor area of the premises;

B. The ancillary use comprises less than ten percent of the volume of activity/services conducted on the premises; and

C. The ancillary use generates less than ten percent of the gross revenues of the business.

(2) No body piercing or other form of tattooing shall be performed on the premises.

(3) The Planning Commission may limit the hours of operation.

(4) The facility shall comply with the requirements of Chapter 773 of the Parma Heights Business Code.

(i) Storage, Self-Service.

(1) This use shall be permitted only in an existing building that meets the following requirements:

A. Constructed prior to 2020 and having a minimum floor area of 40,000 square feet.

B. Located on a lot with a minimum area of two acres, and minimum setback of 300 feet from any public street right-of-way.

(2) Additional single-story mini-storage facilities may be erected on the site provided the ground floor area of the mini-storage does not exceed twenty percent of the ground floor area of the existing building, and the facilities are located a minimum of 300 feet from any public right-of-way.

(3) The only uses permitted on-site shall be the rental of storage space and the pickup and/or deposit of goods being stored or to be stored on the property, in compliance with the following:

A. All items stored on site shall be kept within an enclosed building or structure; no outdoor storage of items including boats, RVs and other motor vehicles, shall be permitted.

B. At no time shall any indoor or outdoor area on the site be used to manufacture, fabricate, or process goods; service or repair vehicles, small engines, or electrical equipment; conduct sales of any kind; or conduct any other activity on-site, except to the extent such use(s) is permitted by the Zoning Code, and approved on the development plan by the Planning Commission as part of the conditional use approval.

C. The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances, and other similar equipment within a storage unit is prohibited.

D. The storage of hazardous materials is prohibited.

E. No portion of the self-storage site shall be used for housing or any form of residence.

F. Temporary auction sales of storage unit contents may be permitted up to four times per calendar year, provided a temporary sales permit is obtained from the City.

(4) Where the site is adjacent to a Class "A" Single-Family Residential zoning district:

A. Loading docks and direct exterior access to any storage unit are prohibited on the side of the facility facing the residentially zoned land.

B. Public access shall be permitted only between 7:00 a.m. and 10:00 p.m.

(5) Fencing and screening:

A. Whenever the self-service storage building and any associated mini-storage facilities are visible from public rights-of-way, the Planning Commission may require landscaping and screening be installed in compliance with the requirements of Chapter 1185.

B. Security fencing shall not include razor wire or barbed wire.

(6) The Parma Heights Fire Department shall be provided with twenty-four-hour access to the grounds. A lockbox shall be provided for its use.

(Ord. 2021-7. Passed 1-25-21; Ord. 2021-24. Passed 7-7-21.)

1195.06 AUTOMOTIVE USE-SPECIFIC REGULATIONS.

(a) Car Wash Establishments.

(1) Definitions.

A. Car Wash Establishments means any principal, conditional, or accessory use of property, buildings, or premises, or part thereof, used for washing motor vehicles, including but not limited to such facilities subject to licensing requirements imposed by federal and state regulations including Environmental Protection Agency and/or Occupational Safety and Health Administration, if applicable, and further, including but not limited to automatic, conveyor, and in-bay facilities defined herein.

B. Car Wash, Automatic or Conveyor. "Automatic or conveyor car wash" means any commercial car wash where the motor vehicle moves on a conveyor style apparatus during the wash and the driver can remain in the vehicle.

C. Car Wash, In-Bay. "In-bay car wash" means any commercial car wash where the driver pulls into or onto a bay or parking surface, parks the car, and the motor vehicle remains stationary while either a machine moves over the vehicle to clean it; one or more employees clean the vehicle; or where a customer parks the car and utilizes spray wands and /or brushes to wash the vehicle.

(2) Such facilities shall be located in an area least disruptive to pedestrian and vehicular traffic.

(3) The facility shall be located on the lot so as to utilize the maximum amount of the lot for the purpose of containing the waiting line of cars prior to the time the cars or other vehicles are actually serviced.

(4) Any proposed loudspeaker system shall be approved as part of the conditional use.

(5) No Car Wash Establishment or use of any kind, whether as a principal, conditional, or accessory use, shall be located within one thousand (1,000) feet of any other Car Wash Establishment or use of any kind, whether as a principal, conditional, or accessory use, as measured at the closest property lines, and the number of such Car Wash Establishments or uses of any kind, whether as a principal, conditional, or accessory use, may not exceed one per every twelve thousand (12,000), or portion thereof, of the population of the City.

(b) Gasoline Station.

(1) Such facilities shall be located in an area least disruptive to pedestrian and vehicular traffic.

(2) On a corner lot, the location of access drives to the street shall be placed as far from the intersection as possible and shall be limited to no more than one access drive per fronting street.

(3) Except while being serviced at a fuel pump island, no vehicle shall be parked between the fuel pumps and the front property line.

(4) A canopy may be constructed over the pump island provided the canopy shall comply with the front parking setback.

(5) All activities provided at gasoline stations, except those required to be performed at a fuel pump, air dispenser, or self-serve automobile vacuum, shall be carried on entirely inside a building.

(6) No junk or unlicensed motor vehicles shall be permitted to be parked or stored on the property. No inoperable vehicle shall be permitted to remain on the property for more than 48 hours.

(7) All outdoor loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.

(8) A gasoline station may be combined with any other permitted use provided the parking space requirements for both uses are met.

(1) A parking garage shall comply with the building setbacks for the district in which it is located.

(2) The building shall be designed to be compatible with surrounding development. Considerations include design elements and architectural features that provide a varied and interesting facade on long building walls without an entrance or windows and design elements that enhance compatibility with the character of the zoning district.

(3) The building materials shall be compatible with the surrounding buildings and character of the neighborhood.

(d) Vehicle Repair and Restoration, and Vehicle Service Station.

(1) Vehicle parking areas, equipment storage areas, maneuvering lanes, and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on, and adjacent to, the site.

(2) All work shall be performed entirely within an enclosed building; and all storage of supplies, parts and merchandise shall be within an enclosed building except as provided elsewhere herein.

(3) The parking of employee vehicles and vehicles waiting to be serviced or returned to customers following service shall be parked in areas indicated for such parking on the approved site plan.

(4) All vehicles parked or stored overnight shall be stored or parked in a completely enclosed building.

(5) The operator of a vehicle repair/restoration establishment may be permitted to display and sell used automobiles as an accessory use, provided the following conditions are met:

A. The establishment is located on a lot that is two acres or larger; and

B. The used automobiles are displayed indoors and the display area does not exceed 35 percent of the total floor area of the building in which used automobiles are displayed.

(6) No junk or unlicensed motor vehicles shall be permitted to be parked or stored on the property. No inoperable vehicle shall be permitted to remain on the property for more than 48 hours.

(7) In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.

(e) Vehicle Sales and Associated Service.

(1) The minimum lot area shall be four acres and the minimum lot width shall be 200 feet.

(2) The minimum building area shall be 25,000 square feet and there shall be sufficient building area to include space for offices; indoor display of at least five motor vehicles; inspection, servicing and repair of at least five motor vehicles; and sufficient parts and storage.

(3) The portion of the site that is paved shall be used for the parking and display of vehicles in compliance with the following.

A. A minimum of 60 percent of the paved area shall be devoted to the parking and display of new motor vehicles;

B. A maximum of 15 percent of the paved area may be devoted to car rental facilities.

C. Parking spaces for customers and employees shall be provided in accordance with Chapter 1187.

(4) The operation of a vehicle sales establishment shall comply with Chapter 755, including restrictions on the sale of used automobiles.

(5) Lighting for all areas used for the outdoor display of automobiles shall be in accordance with a plan approved by the Planning Commission.

(6) Only vehicles that are in good repair, fully operational, and with no missing parts or damage shall be permitted to be displayed or stored outdoors.

(Ord. 2021-7. Passed 1-25-21; Ord. 2022-42. Passed 2-13-23.)

1195.07 TEMPORARY USES.

Except as otherwise expressly provided in this section, temporary uses are permitted in any zoning district subject to the standards hereinafter established and subject to the issuance of a temporary permit.

(a) General Requirements.

(1) Parking. Before approving any temporary use, the Director of Public Service shall make an assessment of the total number of off-street parking spaces which shall be reasonably required for the particular use, its intensity, and the availability of other parking facilities in the area and shall approve such temporary use only if such off-street parking is provided.

(2) Hours or days of operation. No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Director of Public Service in the temporary permit required by this section on the basis of the nature of the temporary use and the character of the surrounding uses.

(b) Contractors' Offices, Equipment Sheds and Construction Staging Areas.

(1) Contractors' offices, equipment sheds and construction staging areas containing no sleeping or cooking accommodations may be permitted in any district when accessory to a construction project.

(2) Temporary storage may be allowed as an accessory use to the contractor's office or equipment shed.

(3) Such use shall be limited to a period not to exceed the duration of such project.

(c) Special Outdoor Sales. Special outdoor sales may be permitted in a Class C District and in a Mixed Use District by an existing business that is licensed by the City on property which it owns or leases provided that:

(1) The business obtains a permit to conduct a special outdoor sale from the Director of Public Service at least two weeks prior to the date of the special outdoor sale.

(4) The duration of each sale does not exceed three days. Additional time may be granted by the Director of Public Service.

(5) The location of such sales will not obstruct pedestrian circulation in and around the special sales area and will not create a safety hazard in terms of vehicular movement in the vicinity.

(6) Businesses conducting outdoor sales are solely responsible for securing their products from theft and vandalism.

(7) Upon completion of the sale the premises shall be immediately returned to its prior condition.

(8) No structures of a permanent nature are permitted.

(9) A site drawing may be required to be reviewed and approved by various departments of the City prior to a permit being issued.

(10) The following fees, to include inspections and reviews by the Director of Public Service and/or his designee, shall be paid to the municipality to cover permit fees, inspection and costs:

A. One special sale, per occurrence: twenty-five dollars ($25.00).

B. Three special sales applied for as one approved application: fifty dollars ($50.00).

(Ord. 2021-7. Passed 1-25-21.)

Parma Heights City Zoning Code

TITLE NINE

Zoning Use Districts

CHAPTER 1186 Planned Unit Developments

(EDITOR’S NOTE: Chapter 1186 was repealed by Ordinance 2021-12, passed March 8, 2021.)

1171.01 PERMITTED USES.

Within any Class A District no building, structure or premises shall be used or arranged or designed to be used, except for one or more of the following uses:

(a) A single-family dwelling;

(b) Accessory uses customarily incident to the foregoing permitted use.

(Ord. 1953-29. Passed 6-1-53; Ord. 2024-91. Passed 3-10-25.)

1171.02 REAR YARDS; LOT COVERAGE.

(b) The sum of the plan projection areas of all structures on a property shall not exceed 40 percent of the lot area. (As per Exhibits 1, 2, and 3.)

(1) A detached garage not over 15 feet high and not over 30 feet deep may be located in the rear yard area.

(3) In the case of a corner lot, the rear line of which is identical with the side line of an interior lot, no detached garage shall be erected within 20 feet of any street line.

(Ord. 1969-3. Passed 1-27-69; Ord. 2002-60. Passed 12-23-02.)

1171.03 SIDE YARDS.

There shall be a side yard on each side of every building. The minimum width of the side yard shall be three feet. At least twelve feet of each lot shall be devoted to side yards.

Whenever the garage is detached from the main structure there shall be a minimum width of nine feet between the structure and the side line of the driveway side of the lot.

Whenever the garage is attached to the main structure there shall be a minimum width of five feet between the structure and the side line on the garage side of the lot.

In addition, no two main structures or parts thereof on their respective lots shall be any closer together than ten feet irrespective of lot lines.

(Ord. 1953-29. Passed 6-l-53.)

1171.04 SETBACK LINE.

On any existing street frontage in Class A Districts where there is no building or setback line designated on the Building Zone Map, the location of the setback line shall be as follows:

(b) On the sideline of a corner lot the distance of the setback line from the street line shall be not less than ten feet. (As per Exhibits 1, 2, and 3.)

(Ord. 1953-29. Passed 6-1-53; Ord. 2003-6. Passed 2-10-03.)

1171.05 LOT AREA.

The minimum requirements shall be 9,000 square feet of lot area for each dwelling.

(Ord. 1965-58. Passed 9-13-65.)

1171.06 LOT WIDTH.

(Ord. 1964-73. Passed 10-26-64.)

1171.07 NONCONFORMING SETBACKS.

(b) The Board of Zoning Appeals shall determine the setbacks that achieve the spirit and intent of this Code.

(Ord. 2002-60. Passed 12-23-02.)

Exhibits 1-3 available in PDF: click HERE

1173.01 PERMITTED USES.

Within any Class A-1 District, no building, structure or premises shall be used or arranged or designed to be used, except for one or more of the following uses:

(a) Any principal use or accessory use permitted in Class A Districts with the same regulations and restrictions that are applicable to it in Class A Districts;

(b) Two-family dwellings, under the same regulations that are applicable to uses in Class A Districts.

(Ord. 1970-53. Passed 8-10-70.)

1174.01 PERMITTED USES.

Within any Class A-2 District, no building, structure or premises shall be used or arranged, or designed to be used, except for one or more of the following uses:

(a) Any principal or accessory use permitted in Class A Districts, with the same regulations and restrictions that are applicable to such use in Class A Districts; and

(b) One-family cluster units.

(Ord. 2000-3. Passed 1-25-00.)

1174.02 PURPOSE; LOCATION OF INDIVIDUAL UNITS; CONDITIONS.

(b) In addition to the provisions of division (a) of this section, the following conditions shall be met:

(1) Maximum density shall be five units per gross acre;

(2) Minimum land area shall not be less than two contiguous acres;

(3) Minimum floor area per unit:

A. 1-story:

With basement: 1,350 square feet

Without basement; 1,500 square feet

B. 2-story:

With basement 1,800 square feet

Without basement 1,900 square feet

(4) There shall be two attached automobile garage spaces per dwelling unit, unless otherwise determined by the Planning Commission and Council in accordance with Section 1174.03(b)(4);

(5) Guest parking spaces shall be equal to 20% of the number of dwelling units.

(6) The main service drive may be dedicated to the City;

(7) There shall be a minimum of ten feet between detached units;

(8) Any other conditions required by Council or the Planning Commission shall be met;

(9) The submission of a copy of any plan, covenant or restriction for the maintenance of common property shall include a provision requiring maintenance of any private street;

(10) Submission of a copy of all governing documents;

(11) Front yard setbacks shall be as follows:

A. 40 feet from the right-of-way on a major arterial street or collector street;

B. 20 feet from the right-of-way on a local street; and

C. 25 feet from the nearest edge of a sidewalk or roadway pavement on a private drive.

(12) The setback from an abutting single-family lot line shall be a minimum of 35 feet.

(13) A dedicated local street shall have a minimum right-of-way of 40 feet, with a preferred width of 50 feet.

(Ord. 2000-3. Passed 1-25-00; Ord. 2000-42. Passed 9-25-00.)

1174.03 APPROVAL OF ONE-FAMILY CLUSTER UNIT DEVELOPMENTS; SITE PLAN REQUIRED.

(1) The number, location and arrangement of dwelling units;

(2) The proposed use of all private and common land;

(3) The location and arrangement of all dedicated streets, private driveways and pedestrian access ways;

(4) The number and arrangement of all parking and service areas;

(5) The location, preliminary sizing, preliminary profiles and other information that may be required by the City Engineer to determine the feasibility of the proposed utilities;

(6) The location and design of all site features; and

(7) The landscape design.

(b) The site plan shall be reviewed by:

(1) The City Engineer, to determine compliance with provisions of this chapter and all applicable standards;

(2) The City Planner, to evaluate the merits of the site plan and its impact on the subject area and City in general;

(3) The Director of Public Service, to determine compliance with the Building Code; and

(Ord. 2000-3. Passed 1-25-00.)

1174.04 MAINTENANCE AGREEMENTS.

(Ord. 2000-3. Passed 1-25-00.)

1174.05 LIMITATIONS ON TOWNHOUSES.

Townhouse cluster attached single-family units shall be limited to thirty-five percent of the total number of building units.

(Ord. 2000-3. Passed 1-25-00.)

1175.01 PERMITTED USES.

Within any Class HB District, no building, structure or premises shall be used or arranged or designed to be used except for one or more of the following uses:

(a) Any principal use or accessory use permitted in Class A and A-1 Districts under the same regulations and restrictions that are applicable to it in Class A and A-1 Districts;

(b) Multiple-family units or apartments;

(Ord. 1962-2. Passed 1-8-62.)

1175.02 LOT AREA.

(Ord. 1962-2. Passed 1-8-62.)

1175.03 SETBACK LINE.

(Ord. 1962-2. Passed 1-8-62.)

1175.04 PROXIMITY OF APARTMENT BUILDINGS TO LOT LINES.

(Ord. 1962-2. Passed 1-8-62.)

1177.01 PERMITTED USES.

Within any Class B District no building, structure or premises shall be used or arranged or designed to be used, except for one or more of the following uses:

(a) Any principal use or accessory use permitted in Class A and A-l Districts under the same regulations and restrictions that are applicable to it in Class A and A-l Districts;

(b) Multiple-family units or apartments^

(Ord. 1953-29. Passed 6-1-53.)

1177.02 LOT AREA.

(Ord. 1958-55. Passed 7-28-58.)

1177.03 SIDE YARDS, SETBACK LINE AND LOT WIDTH.

(Ord. 1961-26. Passed 5-8-61.)

1177.04 BRICK FACING.

(Ord. 1966-79. Passed 9-26-66.)

1179.01 PERMITTED USES.

(Ord. 1957-20. Passed 4-22-57.)

1181.01 PERMITTED USES.

Within any Class c District, no building, structure or premises shall be used or arranged or designed to be used except for one or more of the following uses:

(a) Any principal use or accessory use permitted in Class A and A-l Districts under the same regulations and restrictions that are applicable to it in Class A and A-l Districts;

(b) Any principal use or accessory use permitted in Class B Districts under the same regulations and restrictions that are applicable to it in Class B Districts;

(c) Any principal use or accessory use permitted in Class B-l Districts under the same regulations and restrictions that are applicable to it in Class B-l Districts;

(1) Manufacturing;

(2) Used car lots or junk yards;

(3) Plants for the reduction of garbage, dead animals or similar materials;

(4) Lumber, coal or building supply yards;

(5) Trailer parks;

(7) Any other use not granted either actual or implied in this Zoning Code.

(1) The business obtains a permit to conduct a special outdoor sale from the Director of Public Service at least two weeks prior to the date of the special outdoor sale.

(4) The duration of each sale does not exceed three days. Additional time may be granted by the Director of Public Service.

(5) The location of such sales will not obstruct pedestrian circulation in and around the special sales area and will not create a safety hazard in terms of vehicular movement in the vicinity.

(6) Businesses conducting outdoor sales are solely responsible for securing their products from theft and vandalism.

(7) Upon completion of the sale the premises shall be immediately returned to its prior condition.

(8) No structures of a permanent nature are permitted.

(9) A site drawing may be required to be reviewed and approved by various departments of the City prior to a permit being issued.

(10) The following fees, to include inspections and reviews by the Director of Public Service and/or his designee, shall be paid to the Municipality to cover permit fees, inspection and costs:

A. One special sale, per occurrence: $25.00.

B. Three special sales applied for as one approved application: $50.00.

(Ord. 1975-27. Passed 3-24-75; Ord. 2014-6. Passed 4-14-14.)

1181.02 REAR YARDS.

Accessory buildings not more than fifteen feet high may be located in a rear yard provided the accessory buildings occupy not more than twenty-five percent of the rear yard area.

(Ord. 1953-29. Passed 6-1-53.)

1181.03 SETBACK LINE.

(Ord. 1961-26. Passed 5-8-61.)

1181.04 BRICK FACING.

(Ord. 1994-43. Passed 9-12-94.)

1183.01 PERMITTED USES.

(Ord. 1957-20. Passed 4-22-57.)

1184.01 INTENT.

A Senior Citizen Residential District (SCRD) and regulations therefor are established in order to achieve, among others, the following purposes:

(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. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.02 ELDERLY DEFINED.

(a) A handicapped or infirm adult over age 18 whose disability requires the special amenities and services of a senior citizen complex.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.03 PERMITTED USES.

(a) Any use or accessory use permitted and regulated in Class A, Class A-2 or Class B; and

(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 multi-family 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 facilitates primarily for occupant; and

E. Administrative offices.

(2) Accessory uses are as follows:

A. Service and maintenance buildings; and

B. Off-street parking and garages as regulated in this chapter; and

C. Related facilities and services.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.04 DEVELOPMENT CRITERIA.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.05 LOT AREA.

(a) Multi-family.

(2) No building shall be erected, nor shall an existing building be altered, which exceeds three stories in height.

(3) The ground floor area of all main and accessory buildings shall not exceed 50% of the lot area.

(b) Single-Family Cluster Homes.

(1) Within any Senior Citizen Residential District (SCRD) one family cluster unit may be arranged, or designed to be used in accordance with Section 1174.02.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.06 MAXIMUM DENSITY.

(b) For congregate care and assisted living/nursing home facilities, the density shall be governed by the maximum building height and maximum project area coverage.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.07 YARD REGULATIONS.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.08 BUILDING MATERIALS.

Building materials for any multi-family dwellings shall be in accordance with Section 1369.02.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.09 DEVELOPMENT DESIGN CRITERIA.

(a) Common Areas. Common areas shall be provided, maintained and controlled according to the following:

(c) Required Utilities. Each use and all dwelling units in a senior citizen residential development shall be served by central water and sanitary sewer facilities, and underground utilities.

(Ord. 2014-30. Passed 10-14-14; Ord. 2018-6. Passed 2-12-18.)

1184.10 PARKING.

Parking in any Senior Citizen Residential District (SCRD) shall be provided in accordance with the following schedule:

Multi-family	1/2 space per dwelling unit plus one space for each employee.
Single-family cluster	Two spaces per unit with one enclosed.
Skilled nursing care	1/2 space per bed plus one space for each employee.