(a)    Classes. For the purposes of this Zoning Code the various heights of buildings and structures are divided into classes as set forth in the following list corresponding to the same numbered use classifications set forth in Chapter 1266:

      (1)   H-1 heights. In an H-1 District, no building or structure shall be erected to a height in excess of two and one-half stories or thirty-five feet, except as hereinafter provided.

      (2)   H-2 heights. In an H-2 District, no building or structure shall be erected to a height in excess of three stories or forty-five feet, except as hereinafter provided.

      (3)   H-3 heights. In an H-3 District no building or structure shall be erected to a height in excess of two and one-half stories or forty feet, except as hereinafter provided.

      (4)   H-4 heights. In an H-4 District, no building or structure shall be erected to a height in excess of two and one-half stories or forty feet, except as hereinafter provided.

   (b)   Exceptions. This section shall not apply to restrict the height of a spire on a place of worship, belfry, clock tower, radio tower, chimney flue, water tank, elevator bulkhead, stage tower, scenery loft or other necessary mechanical appurtenances when erected upon and as an integral part of the building, nor to prevent the erection above the height limit of a parapet wall or cornice solely for ornament and without windows, extending above such height limit not more than three feet. Freestanding radio, telephone or communication towers shall be erected at the rear of the house and shall be securely and firmly attached thereto.

(Ord. 2020-25. Passed 12-23-20.)  

   For the purposes of this Zoning Code the various areas and proportions of lot occupancy of buildings are divided into classes as set forth in the following list corresponding to the same numbered use classifications set forth in Chapter 1266:

   (a)   A-1 Areas. In an A-1 District, no building shall be erected, altered or used to accommodate or make provision for one family upon an area of less than one acre, or have a width at the line of the building nearest the street of less than 125 feet, except upon a sublot separately owned or being a sublot of a recorded subdivision on record on January 21, 1970.

   (b)   A-2 Areas. In an A-2 District, no building shall be erected which occupies or covers more than twenty percent of the total lot area in accordance with an approved site development plan. A minimum of thirty percent of each parcel in an A-2 District shall be maintained as open space.

   (c)   A-3 Areas. In an A-3 District, no public building or office building shall be erected which occupies or covers more than twenty percent of the total lot area.

   (d)   A-4 Areas. In an A-4 District, no public building, office building or commercial building shall be erected which occupies or covers more than twenty percent of the total lot area, and no multiple-family dwelling shall be erected, altered or used to accommodate or make provision for more than one family for each 10,000 square feet of lot area, nor any single-family dwelling for one family on less than one acre of lot area.

(Ord. 2020-25. Passed 12-23-20.)

   In a Class U-1 no single-family dwelling shall be erected on a lot having a width of less than 125 feet at the building line, and less than sixty-five feet along the street line, except on a sublot separately owned or being a sublot of a recorded subdivision on record on January 21, 1970. In a U-3 District, no office building shall be erected on a lot having frontage at the street line of less than 200 feet and a width of less than 225 feet at the building line. In a U-4 District, no multiple-family dwelling or apartment shall be erected on a lot having frontage or minimum width of less than 125 feet. In U-2 District, the width of lots shall be as determined to be appropriate by the Planning Commission as part of the site development plan approval based upon massing, scale, level and hours of activity, noise and light generation, and similar factors.

(Ord. 2020-25. Passed 12-23-20.)

   In a Class U-1 District every dwelling erected shall have access to a public street, and if located wholly or partially in the rear of other buildings, an easement for access shall be provided over an unoccupied strip of land at least 125 feet in width, and such strip may not form a part of any yard or lot areas required by this Zoning Code.

(Ord. 1963-59. Passed 11-20-63; Ord. 2020-25. Passed 12-23-20.)

   (b)    Only one single-family or one single-family attached or multiple family dwelling, whichever is the permitted use, shall be allowed on any lot or parcel of land not subdivided by a plat duly approved and filed for record in the office of the County Recorder.

   (c)    No parcel of land not already subdivided by a plat duly approved and filed for record in the office of the County Recorder on or before the effective date of this Zoning Code (Ordinance 1963-59, passed November 20, 1963) shall be divided into smaller parcels except by a plat of a subdivision thereof duly approved and filed for record in the office of the County Recorder. No sublot or block shown on the recorded plat of a subdivision on file in the office of the County Recorder shall be divided, subdivided or added, in whole or in part, to any other parcel of land in the City without the formal approval and consent of the Planning Commission.

(Ord. 1963-59. Passed 11-20-63; Ord. 2020-25. Passed 12-23-20.)

   (a)    Building and setback lines are hereby established as follows:

      (1)   The building lines set forth on the Zone Map accompanying this Zoning Code and made a part thereof are hereby established.

      (2)   In cases where no setback or building lines are set forth on the Zone Map, they shall be located as follows:

         A.   On a street frontage on each side of the street between two successive intersecting or adjoining streets, but excluding the frontage along the side lines of the corner lots, the building line shall be a line parallel with the street line and distant therefrom thirty percent of the average or normal depth of the lots having their front lines along such street, but not more than fifty feet from the street line.

         B.   For properties fronting upon Cedar Road, Fairmount Boulevard, Shaker Boulevard, South Woodland Road, Chagrin Boulevard, Brainard Road, Lander Road, S.O.M. Center Road, or Gates Mills Boulevard, the building setback line shall be parallel to the street line and distant seventy-five feet therefrom.

         C.   The setback line on the south side of Pinetree Road, formerly Kinsman Road, between Lander Circle and Lewis Road, within the City, shall be a line parallel with the south line of Pinetree Road, formerly Kinsman Road, and seventy-five feet distant therefrom.

         D.   The building setback line on Shaker Boulevard shall be seventy-five feet, except as provided in subsections (a)(2)E. and (a)(2)F. hereof.

         E.   The building line on the north side of Shaker Boulevard between Edgedale Road and Lander Road shall be parallel to the tree line and 200 feet therefrom with respect to Parcels 111, 112, 29, 157, 156, 155, 154, 153, 152 and 151 only, as shown on the Zone Map of the City, and the building line on the south side of Shaker Boulevard, between Bolingbrook Road and Lander Road, shall be parallel to the street line and 100 feet distant therefrom.

         F.   The building line on the north side of Shaker Boulevard, west of Lander Road, with respect to Sublots 136 to 141, inclusive, and 149 to 150, inclusive, shall be parallel to the street line and 100 feet distant therefrom.

         G.   On a street frontage on either side of a street between two successive intersecting or joining streets, but excluding the frontage along the side lines of the corner lots. Where twenty percent or more of such frontage is improved with buildings, the alignment of the existing buildings along such frontage shall be the building line.

         H.   On a corner lot in a U-1 District, the building line along each street shall be a line parallel to the street line and distant therefrom fifteen percent of the average depth of the next adjoining lot except as follows:

            1.   The building line shall in no case be more than seventy-five feet nor less than fifty feet from the street line.

            2.   On corner lots, one street frontage of which (excluding turnouts) is less than one-half of the street frontage, the building line along the shorter frontage shall be a prolongation of the building line of the next adjoining lot and parallel to the street line.

         I.   In a U-3 District, the building line shall in no case be less than seventy-five feet from the street line.

   (b)   Between the building line and the street line no building or structure, including walls and fences, or portion thereof, extending above the established grade, may be erected except as otherwise provided in these Codified Ordinances and as follows:

      (1)   In a U-1 District, a one-story unenclosed porch may be constructed between the building line and the street line, but all porches of more than one story in height, enclosed porches, and balconies over porches, must conform to the building line.

      (2)   Cornices, belt courses, entrance canopies or similar overhanging roofed spaces covering not more than twenty square feet of horizontal area for each forty feet of lot of frontage, porticoes or bays projecting not more than three feet exclusive of cornices and aggregating a vertical area in any story of not more than twenty percent of the area of the front of that story, shall be exempt from the front yard restrictions of this section on buildings not nearer the street line than ten feet.

   (c)   No shrubs or foliage shall be maintained between the building line and the street line which will obstruct the view of a driver of a vehicle approaching an intersection or junction and within seventy-five feet of the center of the intersection or junction of approaching traffic on the intersecting or joining street.

   (d)   For lots in any district not otherwise subject to a street setback described above, the Planning Commission shall determine the setback based upon building massing, scale, level and hours of activity, noise and light generation, and similar factors.

(Ord. 2020-25. Passed 12-23-20.)

   (a)    Every building erected in a U-1 District shall have a side yard along each lot line other than a street line or rear line. Each single-family dwelling and each multiple-family dwelling shall be deemed a separate building and shall have side yards as above prescribed. The least dimension of the side yards in a U-1 District shall not be less than ten feet plus one-half the height of the building. For the purpose of this measurement, the height of the building shall be taken on the wall nearest the side line, measuring from the natural grade to the highest point of the coping of the wall for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, gambrel or hip roofs.

   (b)   Buildings and structures, including accessory structures and uses, in U-2 Districts shall be setback from side lot lines such distance as shall be approved by the Planning Commission as part of the site development plan approval based upon their massing, scale, level and hours of activity, noise and light generation, and similar factors, but in no case shall the side yard setback be less than the height of the building or structure. The Planning Commission may require buffering of adjacent properties as it deems necessary to mitigate potential impacts from such factors. Buffers may include, but are not limited to, strips of land, mounding, fencing, and vegetative screening as determined by the Planning Commission.

   (c)   Every building erected in a U-3 District shall have a side yard along each lot line. The dimensions of the side yards in a U-3 Use District shall be not less than thirty feet, or a distance equal to the height of the building, whichever is greater.

   (d)   In a Class U-4 District, where the side line of a lot adjoins a U-1 or U-2 District, no building, unless it is located fifty feet or more back from the street line, shall stand within ten feet of such adjoining Class U-1 or U-2 District.

   (e)   The side yards herein provided for shall be open for their full required dimensions from the ground to the sky, unobstructed except for the ordinary projections of window sills, belt courses, cornices and other ornamental features, to the extent of not over six inches, except that within five feet of the street wall a cornice may project not over three feet into such yard, provided that if the building is not more than two and one-half stories in height, the cornice may project not over three and one-half feet into such yard.

(Ord. 2020-25. Passed 12-23-20.)

   (a)    In a U-1 District, and on lots in U-4 Districts, the rear line of which adjoins a U-1 or U-2 District or on which a multiple-family dwelling is erected, every main and accessory building erected shall have a rear yard extending the full width of the lot. The least dimension of such rear yard for the main building shall be at least the sum of twenty percent of the depth of the lot plus one-half the height of the building. The least dimension of such rear yard for an accessory building shall be fifteen feet, except that the rear yard setback for an accessory building that has a wall greater than twenty-five feet in length facing an adjoining property, shall be increased by an additional one foot for every three feet of accessory building wall length greater than twenty-five feet. No accessory building shall be erected closer to any street line than the main building.

   (b)   In a U-2 District buildings and structures, including accessory structures, shall be setback from rear lot lines such distance as shall be approved by the Planning Commission as part of the site development plan approval based upon their massing, scale, level and hours of activity, noise and light generation, and similar factors, but in no case shall such rear setback be less than the height of the building or structure. The Planning Commission may require buffering of adjacent properties as it deems necessary to mitigate potential impacts from such factors. Buffers may include, but are not limited to, strips of land, mounding, fencing, and vegetative screening as determined by the Planning Commission.

   (c)   In a U-3 District, every building erected shall have a rear yard extending the full width of the lot. The least dimension of such rear yard shall be at least twenty percent of the depth of the lot and at least one-half the height of the building.

   (d)   The rear yards herein provided for shall be open for their full required dimensions from the ground, or other level permitted by this section, to the sky unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other ornamental fixtures, or eaves, not more than two feet wide.

(Ord. 2020-25. Passed 12-23-20.)

   (a)    Purpose and Intent. House size regulations are established to insure long-term compatibility within neighborhoods, preserve and protect residential property values, balance the size and bulk of housing with available lot area, avoid over building of residential lots, and provide appropriate housing opportunities within the City.

   (b)    Minimum Livable Area. Each single-family dwelling shall have a minimum livable floor area as set forth herein:

      (1)    Single-family dwellings having only one story with a basement shall have a minimum livable area of 2,000 square feet, exclusive of porches, garages and breezeways, and shall have a basement area of not less than 500 square feet.

      (2)    Single-family dwellings having only one story and no basement shall have a minimum livable area of 2,000 square feet, exclusive of porches, garages and breezeways, which will include a utility room with a minimum area of 100 square feet.

      (3)   Single-family dwellings having one and one-half or two stories shall have a minimum livable area of 2,000 square feet, exclusive of porches, garages and breezeways, and shall have a basement area of not less than 500 square feet or a utility room with a minimum area of 100 square feet. The livable area on the first floor shall be not less than 1,000 square feet.

   (c)    Maximum Garage Floor Area. No garage, whether attached to a single family dwelling or as a detached accessory structure, shall exceed a maximum floor area of 1,000 square feet or fifty percent (50%) of the gross floor area of the dwelling, whichever is the lesser.

(Ord. 2014-30. Passed 6-17-15.)