Richfield City Zoning Code
TITLE FIVE
Zoning, Commercial Districts Regulations
1145.01 PURPOSE.
(a) The C-H Historic Commercial District I is established to preserve and protect the Village downtown core which is the historic and retail center of the Village at and near the intersection of Broadview Road and Streetsboro Road. This purpose shall be accomplished in this District by preserving the historic character and architectural integrity of the existing buildings in the District and setting forth guidelines for new development. The regulations contained in this District are intended to encourage a predominance of compact, neighborhood and pedestrian scale retail, service and office uses in the Village core. New commercial and retail development will be required to reflect the overall appearance, form, pattern, design and scale of this historic district. Pedestrian ways and bikeways are encouraged. This District is established to provide for commercial uses principally to accommodate the sale of convenience retail goods and personal services purchased frequently for daily or weekly needs, and smaller business office buildings, which do not generate traffic congestion or an excessive need for parking. In addition to the standards in this Chapter, all new structures, additions and renovations in the Commercial Historic Districts I and II must comply with the architectural standards found in Section 1181.29, Historic District Overlay.
(b) The C-H Historic Commercial District II is established to preserve and protect the existing historic area at and near the intersection of Brecksville Road and Streetsboro Road and to provide for uses which will be compatible with certain existing uses, the historic structures in the area, and the rural residential character of the Village. This purpose shall be accomplished in this District by preserving the historic character and architectural integrity of the existing buildings in the district and setting forth guidelines for new development. The regulations contained in this District are intended to encourage a predominance of neighborhood-scale retail, service and office uses. New commercial and retail development will be required to reflect the overall appearance, form, pattern, design and scale of this historic area. Pedestrian ways and bikeways are encouraged. This District is established to provide for commercial uses principally to accommodate the sale of convenience retail goods and personal services purchased frequently for daily or weekly needs and smaller business office buildings, which do not generate traffic congestion or excessive need for parking. (Ord. 73-2015. Passed 11-17-15.)
1145.03 USES.
(a) Permitted Uses. The following uses are permitted in the C-H Historic Commercial Districts:
(1) Single-family dwelling in the C-H II District as permitted in the R-2 District. Single-family homes in the C-H II District shall follow the performance requirements found in Section 1126.05 through 1126.13. Single-family dwelling in the C-H I District shall following the lot and yard requirements in Sections 1145.05 through 1145.09. The design of single-family homes must comply with the standards found in Section 1181.29, Historic District Overlay.
(2) Antique shop.
(3) Gift/florist/card shops.
(4) Book stores.
(5) Bakery shop, candy shop, ice cream parlor, donut shop.
(6) Personal services, including barbershop, beauty shop.
(7) Business services, including insurance, legal or real estate.
(8) Medical and dental offices, including medical and dental professionals.
(9) Bed and breakfast inns.
(10) Tailor or dressmaker.
(b) Conditionally Permitted Uses. The following uses shall be conditionally permitted uses in the C-H Historic Commercial Districts, subject to meeting all applicable requirements set forth in this Chapter and the requirements of Chapter 1173:
(1) Non-fast food restaurant.
(2) Dry cleaning establishment.
(3) Produce or health food store.
(4) Convenience or minimarket (not selling gasoline).
(5) Hardward and home furnishing shops.
(6) Veterinary clinics (without outdoor kenneling or boarding of animals).
(7) Government owned and/or operated buildings and facilities.
(8) Churches and other buildings for the purpose of religious worship.
(9) Dwelling units in combination with offices or other commercial or retail space.
(10) Dwelling units, offices or other commercial/retail uses in accessory buildings provided said buildings are properly served by utilities, e.g., electric, plumbing, public or private water and wastewater, etc., if needed for the use.
(11) Financial offices.
(12) Office buildings.
(13) Pharmacy.
(14) Public utility rights-of-way and related structures subject to Section 1173.09(b). (Ord. 113-2021. Passed 10-19-21.)
(c) Accessory Uses.
(1) Off-street parking and loading as regulated in Chapter 1177
(2) Signs as regulated in Chapter 1163
(3) Other accessory uses customarily associated with the main use and clearly incidental to the main use.
(d) Similar Uses. The Commission may approve other retail, office and service uses not listed as permitted or conditionally permitted in the C-H Historic Commercial Districts I and II if it determines a use is similar to those specified in this Section with respect to the hours of operation, amount of traffic generated, and the general characteristics of the use and that it is compatible with the purpose of the District.
(Ord. 73-2015. Passed 11-17-15.)
1145.05 LOT REQUIREMENTS.
(a) Lot requirements for the C-H Historic Commercial District I are as follows:
(1) Minimum Lot Area: 8,000 sq.ft.
(2) Minimum Lot Width: not applicable, except flag lots are not permitted
(3) Maximum Building Coverage: 25%
(4) Minimum Landscaped and Planted Area: 30%
(b) Lot requirements for the C-H Historic Commercial District II are as follows:
(1) Minimum Lot Area: 40,000 square feet
(2) Minimum Lot Width: 100 feet
(3) Maximum Building Coverage: 20%
(4) Minimum Landscaped and Planted Area: 40%
(c) In either the C-H Historic Commercial District I or II, one dwelling unit may be conditionally permitted that is attached to or above a permitted or conditionally permitted use. Additional dwelling units may be attached to or above a permitted or conditionally permitted use for each 10,000 square feet of lot area.
(Ord. 73-2015. Passed 11-17-15.)
1145.07 YARD REQUIREMENTS.
(a) Minimum front, side and rear yards shall be provided as follows:
(All figures in feet)
Yard | Use | CH-I District Adjacent to: | CH-II District adjacent to: | ||
Non- Residential District | Residential District | Non- Residential District | Residential District | ||
Front | Main/Accessory Building (1) | 50 feet | 50 feet | 100 feet | 100 feet |
Off-Street Parking/ Loading | 10 feet | 10 feet | 25 feet | 25 feet | |
Side | Main/ Accessory Building/Use | 10 feet | 50 feet | 15 feet | 25 feet |
Off-Street Parking/ Loading | 5 feet | 25 feet | 10 feet | 25 feet | |
Rear | Main/ Accessory Building/Use | 10 feet | 50 feet | 15 feet | 25 feet |
Off-Street Parking/ Loading | 5 feet | 25 feet | 10 feet | 25 feet | |
Minimum Distance (2) Between Buildings | 50 feet | 50** | 50** | 50** | |
1 Except where existing buildings within 200 feet of the lot in question have an average setback lesser or greater than specified. In such cases, the depth of the front yard shall be not less than the average depth of the existing buildings.
2 Minimum distance between principal buildings in a development site, the Commission may lessen this requirement by up to 50% when the reasonable arrangement of buildings on the site supports a lesser distance.
(Ord. 25-2011. Passed 9-20-11; Ord. 73-2015. Passed 11-17-15.)
1145.09 MAXIMUM BUILDING HEIGHT.
No structure shall exceed 35 feet in height, nor more than two stories. Building height shall be determined in relation to adjoining building as provided in Building and Site Design Standards in Section 1145.15
(h).
(Ord. 73-2015. Passed 11-17-15.)
1145.11 SIGN REGULATIONS.
Signs for the C-H Historic Commercial Districts shall be as regulated by Chapter 1163
, except for the additional standard that all signs must be architecturally compatible with the building or buildings on the lot and with the general architectural character of the District and possess high degree of compatibility with their surroundings as to composition, materials and design integrity.
(Ord. 73-2015. Passed 11-17-15.)
(Ord. 73-2015. Passed 11-17-15.)
1145.13 OFF-STREET PARKING AND LOADING REQUIREMENTS.
Except as may be stated to the contrary in this Chapter, parking and loading requirements shall be as regulated by Chapter 1177
.
(Ord. 73-2015. Passed 11-17-15.)
1145.15 BUILDING AND SITE DESIGN STANDARDS.
(a) Site Development.
(1) To the maximum extent feasible, the proposed development shall avoid or minimize land disturbance and grading and preserve the original contours and other natural topographical features of the site and existing trees on the site and shall incorporate measures to minimize soil erosion during all construction phases.
(2) Parking areas shall be designed to minimize the visual impact of parked cars as viewed from the public right-of-way and adjacent properties through the use of plantings and earth berms. (Ord. 73-2015. Passed 11-17-15.)
(3) Off-street parking may be included in a required side and rear yard within the setbacks required by Section 1145.07. Joint use of parking areas is encouraged. The Commission may permit parking to extend to the front, side or rear property line in the case of joint parking area.
(Ord. 13-2019. Passed 7-2-19.)
(4) Utility services on private property shall be placed underground for all new services.
(5) Where a sidewalk/bikeway does not exist in the public right-of-way abutting the applicant's property, a five foot wide sidewalk shall be provided by the applicant. A pedestrian/bikeway connection shall occur from the building to the sidewalk/bikeway in the public right-of-way.
(6) To the maximum extent feasible, provision shall be made in the design of the development for connections with the existing or future pedestrian systems on adjoining properties, including but not limited to connections to existing or planned future sidewalks, bikeways, or trail systems.
(7) Site features such as service entrances and loading zones shall be screened from adjacent properties and the public right-of-way and located in the side or rear of the lot.
(8) Mechanical equipment shall be located so as not to be visible from any public ways or adjacent residential areas. Where such limitation is not possible, the facilities shall be screened from public view with materials compatible with those used in the building.
(9) All trash containers and trash storage areas shall be screened with a six-foot high enclosure on three sides and a solid gate on the front. The enclosure shall be similar to the main structure as to materials and color.
(10) All storage of materials and equipment shall be within enclosed buildings. All business activity shall be within enclosed buildings, except as permitted by the Commission.
(11) Decorative fencing such as split rail, wrought iron or wood picket shall be permitted in the front yard and shall not be higher than four feet.
(12) Security fences shall not be permitted in the front building setback, in front of any building or in the side yard setback on a corner lot. Security fences must be screened from view with trees and shrubs. Chain link fencing shall not be permitted.
(b) Vehicular Circulation and Access. Any development in this District shall:
(1) Minimize the number of vehicular turning movements by limiting access points to one. Points of ingress and egress shall be clearly defined and promote the safe movement of traffic.
(2) Provide for the safe and functional movement of vehicles and pedestrians both on and off-site.
(3) Give consideration to the location of existing access points, adjacent to and directly across the street from the site.
(4) Not use driveways as points of ingress and egress for individual parking spaces. Driveway placement should be such that loading and unloading activities will not hinder vehicular ingress and egress.
(5) Be designed so the plants and structures on the site do not interfere with the safe movement of motor vehicle traffic, bicycles or pedestrians.
(6) Encourage vehicular circulation between parcels. Where legally possible, provisions for circulation between adjacent parcels shall be provided through coordinated or joint parking systems to minimize curb cuts along the street. (See following examples)
Shared Parking Example Preferred
 |
Shared Access Example Preferred
 |
Avoid Separate Parking and Access Example
 |
(7) Give priority to pedestrian safety and residential character issues when evaluating access design elements.
(8) Maintain curb definitions and prohibit continuous access along the frontage of the site.
(9) Pave all drives and parking areas with concrete, bituminous concrete, brick, or paving blocks.
(c) Landscaping.
(1) Landscaping shall be used as a transition between uses, and to screen areas from public view and to improve the appearance of developed areas. All yard areas not used for accessory structures and uses shall be landscaped and maintained with grass, trees, and shrubs.
(2) Plant materials should be chosen which are indigenous, moderately fast growing, and require minimal maintenance. The landscape design should incorporate the entire site and consist of a palette of plants with year round appeal, which may include: annuals, perennials, shrubs or trees.
(3) Landscaping shall be compatible with the Village's Historic Streetscape Plan.
(4) Each landscape plan shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, provisions for shade, energy conservation, sound absorption, dust abatement, reduction of glare and screening.
(5) Where landscaping is used as screening it shall be opaque year round.
(6) Landscape screening shall be of a height and density so that it provides the full desired affect within three years growing time.
(7) Landscaping, walls, planters or similar means shall be used to screen parked cars. Whenever structures such as walls or fences are used to create a screen, plants shall be located on the sides of the structure which can be seen from the surrounding streets, walks and other properties which are used by the public. Landscape plans shall be approved by the Commission.
(8) All parking areas shall be landscaped with trees, shrubs and fences to provide an effective buffer for any adjacent residential property and public street right-of-ways. Within the interior of the parking areas there should be landscaping to break up large areas of parking.
(9) New and remodeled buildings shall include landscaping in the form of street trees and/or shrubbery along the public right-of-way, low shrubbery around the buildings themselves to soften the appearance and landscaping between and along site boundary lines. All street trees shall be at least 3 1/2 inch caliper and shall be spaced a minimum of 25-30 feet apart.
(10) Tree species should be hardy city types and approved by the Commission.
(d) Lighting.
(1) All exterior lighting shall be an integrated part of the architectural and landscape design concept and compatible with the Village Historic Streetscape Plan.
(2) All lighting shall be so directed so as not to produce glare and unnecessary diffusion onto adjoining properties.
(e) Location, Orientation, Size and Shape of Buildings.
(1) No building shall exceed 5,000 square feet of gross floor area on the ground floor. The 5,000 maximum square foot limitation set forth above shall not be varied by the Planning Commission except upon a demonstration by the applicant by clear and convincing evidence that a particular difficulty exists as a result of the application of such standard and that the property cannot be put to any viable economic use without the exception. The decision to grant any exception to such 5,000 square foot limitation shall be forwarded by the Planning Commission to Council for its review. Council shall have 30 days from its receipt of the decision of the Planning Commission to confirm, deny, or modify said decision. In the event Council does not act upon the decision of the Planning Commission within said 30 days, the decision of the Planning Commission shall be deemed to be confirmed.
(2) Linear continuity of buildings shall be preserved by placing primary facades parallel to the street.
(3) New and remodeled buildings shall be compatible with their surroundings. Architectural style, bulk, shape, massing, height, scale and form of new and remodeled buildings and the shape between and around buildings shall be consistent with the character of the area and be in harmony with neighboring buildings. Building design and materials shall also be compatible with the historic residential structures in the Village and include gable roofs and residential-type windows and doors.
(4) Buildings with a facade in excess of 55 feet shall be divided into modules not exceeding 50 feet in width. Each module may have a separate entry, display windows, and/or other architectural features to distinguish it from adjacent modules. (Ord. 73-2015. Passed 11-17-15.)
(f) (EDITOR’S NOTE: Former subsection (f) was repealed by Ordinance 73-2015, passed November 17, 2015.)
(g) (EDITOR’S NOTE: Former subsection (g) was repealed by Ordinance 73-2015, passed November 17, 2015.)
(h) Building and Lot Aesthetics. The specific guidelines for building and lot aesthetics in this subsection provide an illustration of the acceptable and unacceptable methods of building design as it relates to height, scale, massing, setback and other issues. For each specific guideline that follows, a description of the recommended approach that the applicant/property owner should "consider" is provided, with an illustration of the result of the design. Similarly, a description is provided of the design approach that the applicant/property owner should "avoid" when designing or remodeling structures in these districts.
(1) Height:
Acceptable - Relating the overall height of new construction or renovation of existing structures to that of adjacent structures.
 |
Unacceptable - New construction that greatly varies in height (too high or too low) from other buildings in the vicinity.
 |
(2) Scale:
Acceptable - Relating the size and proportions of new structures to the scale of adjacent buildings. Although much larger than its neighbors in terms of square footage, the building shown maintains the same scale and rhythm as the existing buildings.
 |
Unacceptable - Buildings that in height, width or massing violate the existing scale of the area. The new building shown here disrupts the scale and rhythm of the streetscape.
 |
(3) Massing:
Acceptable - Breaking up uninteresting boxlike forms into small, varied masses such as are common on older buildings. Variety of form and massing are elements essential to the character of the streetscape.
 |
Unacceptable - Single, monolithic forms that are not relieved by variations in massing. Boxlike facades and forms are intrusive when placed in a streetscape of older buildings that have varied massing and facade articulation.
 |
(4) Directional Expression:
Acceptable - Relating the vertical, or nondirectional facade character of new buildings to the predominant directional expression of nearby buildings. Horizontal buildings can be made to relate to the more vertical adjacent structures by breaking the facade into smaller masses that conform to the primary expression of the streetscape.
 |
Unacceptable - Strongly horizontal or vertical facade expressions unless compatible with the character of structures in the immediate area. The new building shown does not relate well to either its neighbor or to the rhythm of the streetscape because of its unbroken horizontal facade.
 |
(5) Setback:
Acceptable - Maintaining the architectural facade lines of streetscape by locating front walls of new building in the same plane as the facades of adjacent buildings. If existing setbacks vary, new building should conform to historic siting patterns.
 |
Unacceptable - Violating the existing setback pattern by placing new buildings in front of or behind the historic facade line. Avoid placing buildings at odd angles to the street unless in an area where diverse siting already exists.
 |
(6) Sense of Entry:
Acceptable - Articulating the main entrances to the building with covered porches, porticos, and other pronounced architectural forms.
 |
Unacceptable - Facades with no strong sense of entry. Side entries or entries not defined by a porch or similar transitional element result in an incompatible "flat" first floor facade.
 |
(7) Roof Shapes:
Acceptable - Relating the roof forms of the new building to those found in the area. Although not entirely necessary, duplication of the existing or traditional roof shapes, pitches and materials on new construction is one way of making new structures more visually compatible.
 |
Unacceptable - Introducing roof shapes, pitches or materials not traditionally used in the area.
 |
(8) Rhythm of Openings:
Acceptable - Respecting the recurrent alteration of wall area with door and window elements in the facade. Also consider the width-to-height ratio of bays in the façade. The placement of openings with respect to the facade's overall composition symmetry, or balanced asymmetry, should be carefully studied.
 |
Unacceptable - Introducing incompatible facade patterns that upset the rhythm of the openings established in surrounding structures. Glass walls and window and door shapes and their locations shown in example are incompatible to the adjoining buildings.
 |
(Ord. 25-2011. Passed 9-20-11.)
1145.17 SITE DEVELOPMENT PLANS.
Site development plans and the review of same are required for all development in the C-H Historic Commercial Districts in compliance with Chapter 1171
. The Commission shall have the authority to engage such architectural and other professional consultants, as it deems necessary for the review of the Site Development Plan. The reasonable cost of the services of such consultants shall be added to the applicant's fee for the application for Site Development Plan review as an escrow fund to be held by the Village from which to pay such costs.
(Ord. 25-2011. Passed 9-20-11.)
1145.19 DEMOLITION OR RELOCATION.
(a) In considering a request to demolish or move a building or other structure located within the C-H Historic Commercial Districts, the Commission shall consider the following factors in making its decision to approve or disapprove the request:
(1) The architectural and historic significance of the subject building or structure;
(2) The significance of the building or structure in contributing to the architectural or historic character of its environs;
(3) The relationship between the location of the subject building or structure and its overall significance (in the case of a request to move a building or other structure);
(4) The present and potential viability of the subject building or structure, given its physical condition and marketability;
(5) If the demolition will remedy conditions imminently dangerous to the life, health or property, as determined in writing by the Director of Public Safety, the Division of Fire or a department of Summit County; and
(6) The results of the review made pursuant to Section 1145.17 of the plans for the purposed re-use of the site, if any.
(b) The Commission may delay action for a period of not more than ninety (90) days, on the demolition or moving of a building which it deems to be significant, in order to allow economic viability studies to be conducted, as well as to allow interested parties the opportunity to explore alternatives to the proposed action. At the end of such ninety (90) day period, or such longer period as Council may have authorized, the Commission shall either approve or disapprove the request to demolish or move. A disapproval of the request to demolish or move must be based upon written findings of fact approved by the Commission and related to each of the factors in subsection (a) above and must be filed with the Clerk of Council immediately. Council may, within thirty days after such filing, reverse or modify the decision of the Commission by a resolution of Council receiving the affirmative vote of two-thirds (2/3) of the members elected or appointed to Council, which shall be a final order for purposes of Ohio R.C. Chapter 2506. If no action is taken by Council within such thirty day period, then the decision of the Commission shall be a final order for purposes of Ohio R.C. Chapter 2506.
(Ord. 65-2014. Passed 4-21-15.)
1147.01 PURPOSE.
The C-1 Local Retail District is established to provide for uses principally to accommodate the sale of retail goods and services. It is intended that the design of this District will encourage groupings of establishments located on a unified site providing adequate off-street parking facilities as well as an efficient and safe method of handling vehicular and pedestrian traffic.
(Ord. 25-2011. Passed 9-20-11.)
1147.03 USES.
(a) Permitted Uses.
(1) Offices: professional, financial, government and sales
(2) Retail sales in enclosed buildings including:
A. Groceries, meats, fruits, vegetables
B. All general merchandise
C. Wearing apparel
D. Household hardware, wallpaper, paint
E. Furniture, appliances, floor coverings
F. Pharmaceuticals
G. Flowers, gifts, jewelry
H. Photographic, computer, personal electronic equipment
I. Places serving food and drinks
(3) Personal Services
A. Beauty and Barbershops
B. Laundry and dry cleaning agencies
C. Radio, television, computer, telephone, camera, video sales, repair, service
D. Office supplies
E. Physical fitness centers
(4) Churches and other buildings for the purpose of religious worship
(b) Conditionally Permitted Uses.
(1) Drive-thru eating facilities subject to Section 1173.13(b)
(2) Sale of nursery stock, garden supplies
(3) Nursing homes and assisted living facilities
(4) Public utility rights-of-way and related structures subject to Section 1173.15(b)
(5) Financial, services, or sales establishments providing drive-thru or pick-up facilities including but not limited to a bank, pharmacy, or dry cleaning agency subject to Section 1173.13(b)
(c) Accessory Uses.
(1) Off-street parking and loading as regulated in Chapter 1177
(2) Signs as regulated in Chapter 1163
(3) Other accessory uses customarily associated with the main use and that are clearly incidental to this main use
(Ord. 25-2011. Passed 9-20-11.)
1147.05 LOT REQUIREMENTS.
(a) Minimum Lot Area: 40,000 square feet
(b) Minimum Lot Width at Building Line: 150 feet
(c) Minimum Lot Width at Street Right of Way Line: 150 feet
(d) Maximum Building Coverage: 20%
(e) Minimum Landscaped and Planted Area: 30%
(Ord. 25-2011. Passed 9-20-11.)
1147.07 YARD REQUIREMENTS.
Minimum front, side, and rear yards shall be provided as follows: (All figures in feet)
Yard | Use | Adjacent to Non- Residential district | Adjacent to Residential district |
Front | Main/Accessory Building/Use | 100 | 100 |
Off-Street Parking/Loading | 50 | 50 | |
Side | Main/Accessory Building/Use | 20 | 50 |
Off-Street Parking/Loading | 15 | 50 | |
Rear | Main/Accessory Building/Use | 20 | 50 |
Off-Street Parking/Loading | 15 | 50 |
All yard areas where no parking is permitted shall be maintained with landscaping or natural vegetation, as approved by the Commission.
(Ord. 25-2011. Passed 9-20-11.)
1147.09 MAXIMUM BUILDING HEIGHT.
No structure shall exceed 25 feet in height nor more than two stories.
(Ord. 25-2011. Passed 9-20-11.)
1147.11 SIGN REGULATIONS.
1147.13 OFF STREET PARKING AND LOADING REQUIREMENTS.
(Ord. 25-2011. Passed 9-20-11.)
1147.15 BUILDING AND SITE DESIGN STANDARDS.
Buildings and sites shall be designed to meet the standards enumerated in Section 1171.11
(c) of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1147.17 SITE DEVELOPMENT PLANS.
Site development plans are required for all developments in the C-1 District as provided in Chapter 1171
.
(Ord. 25-2011. Passed 9-20-11.)
1149.01 PURPOSE.
The C-2 General Business District is established to provide for uses that require parcels larger than required in a local commercial district and which will benefit from immediate access to interstate highways because such uses will attract customers and clients from a geographic area that extends well beyond the Village.
(Ord. 25-2011. Passed 9-20-11.)
1149.03 USES.
(a) Permitted Uses.
(1) Offices: professional, financial, government and sales
(2) Retail sales in enclosed buildings as permitted in the C-1 District
(3) Personal services as permitted in the C-1 District
(4) Churches and other buildings for the purpose of religious worship
(5) Hotels, motels, residence inns
(b) Conditionally Permitted Uses.
(1) Drive-through eating facilities
(2) Sale of nursery stock; garden supplies
(3) Nursing home and assisted living facilities
(4) Day care center
(5) Vehicle Service Center
(6) Mortuary
(7) Movie Theater
(8) Party center
(9) Public utility rights-of-way and pertinent structures subject to Section 1173.15(b).
(10) Wireless communication facilities as provided in Chapter 1175.
(11) Financial, services, or sales establishments providing drive-thru or pick-up facilities including but not limited to a bank, pharmacy, or dry cleaning agency subject to Section 1173.13(b).
(12) Sales Office with warehousing of products in an enclosed building (flex space) provided the sales office shall not be less than one-third of the total floor area of the use. (Ord. 25-2011. Passed 9-20-11.)
(Ord. 64-2018. Passed 1-15-19.)
(c) Accessory Uses.
(1) Off-street parking and loading as regulated in Chapter 1177.
(2) Signs as regulated in Chapter 1163.
(3) Other accessory uses customarily associated with the main use and that are clearly incidental to the main use.
(Ord. 20-2025. Passed 4-15-25.)
1149.05 LOT REQUIREMENTS.
(a) Minimum Lot Area: 80,000 square feet for all buildings with a height of 35 feet or less; 100,000 square feet for motels, hotels, residence inns, and office buildings exceeding 35 feet in height.
(b) Minimum Lot Width at Building Line: 200 feet
(c) Minimum Lot Frontage at Street Right-of-Way Line: 200 feet
(d) Maximum Building Coverage: 20%
(e) Minimum Landscaped and Planted Area: 30%
(Ord. 25-2011. Passed 9-20-11.)
1149.07 YARD REQUIREMENTS.
Minimum front, side and rear yards shall be provided as follows: (All figures in feet)
Yard | Use | Adjacent to Non- Residential district | Adjacent to Residential district |
Front | Main/Accessory Building/Use | 100* | 100* |
Off-Street Parking/Loading | 50 | 50 | |
Side | Main/Accessory Building/Use | 30** | 60** |
Off-Street Parking/Loading | 15 | 30 | |
Rear | Main/Accessory Building/Use | 30** | 60** |
Off-Street Parking/Loading | 15 | 30 |
* Front yard shall be increased three feet per each foot the building exceeds 35 feet in height.
** Side and rear yard shall be increased two feet for each foot the building exceeds 35 feet in height.
All yard areas where no parking is permitted shall be maintained in landscaping or natural vegetation as approved by the Commission. The Commission may require additional fencing, screening, and landscape buffering where any business or commercial building and/or use abut any residential district.
(Ord. 25-2011. Passed 9-20-11.)
1149.09 MAXIMUM BUILDING HEIGHT.
No building except a hotel, motel, residence inn, or office shall exceed 35 feet in height or three stories. Motels, hotels, residence inns, or office buildings shall not exceed 60 feet nor more than five stories.
(Ord. 25-2011. Passed 9-20-11.)
1149.11 SIGN REGULATIONS.
1149.13 OFF-STREET PARKING AND LOADING REQUIREMENTS.
(Ord. 25-2011. Passed 9-20-11.)
1149.15 BUILDING AND SITE DESIGN STANDARDS.
Buildings and sites shall be designed to meet the standards enumerated in Section 1171.11
(c) of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1149.17 SITE DEVELOPMENT PLANS.
Site development plans are required for all developments in the C-2 District as provided in Chapter 1171
.
(Ord. 25-2011. Passed 9-20-11.)
1151.01 PURPOSE.
The C-3 Special Commercial District is established to provide sites in specific areas of the Village which because of their development potential, proximity to established land uses, and their critical location as to existing and future traffic patterns warrant regulations different from those in the C-1 and C-2 Districts.
(Ord. 25-2011. Passed 9-20-11.)
1151.03 USES.
(a) Permitted Uses.
(1) Offices; professional, financial, governmental and sales
(2) Research and testing labs
(3) Public and private educational facilities and indoor training schools
(4) Hotels, motels and residence inns
(5) Conference and meeting centers
(6) Churches and other buildings for the purpose of religious worship
(b) Conditional Uses.
(1) Day care center
(2) Places serving food and drinks excluding drive-thru eating places
(3) Public utility rights-of-way and pertinent structures subject to Section 1173.13(b)
(c) Accessory Uses.
(1) Off-street parking and loading as regulated in Chapter 1177
(2) Signs as regulated Chapter 1163
(3) Other accessory uses customarily associated with the main use and that are clearly incidental to the main use
(Ord. 25-2011. Passed 9-20-11.)
1151.05 LOT REQUIREMENTS.
(a) Minimum Lot Area: 100,000 square feet
(b) Minimum Lot Width at Building Line: 200 feet
(c) Minimum Lot Width at Street Right-of-way Line: 200 feet
(d) Maximum Building Coverage: 20%
(e) Minimum Landscaped and Planted Areas: 30%
(Ord. 25-2011. Passed 9-20-11.)
1151.07 YARD REQUIREMENTS.
(a) Minimum front, side and rear yards shall be provided as follows:
(All figures in feet)
Yard | Use | Road Location | Adjacent to: | |||
Major* | All Other | Non-Res. District | Res. District | Interstate R.O.W. | ||
Front | Main/Accessory Building/Use | 150 | 50 | NA | NA | NA |
Off-Street Parking/Loading | 75 | 25 | NA | NA | NA | |
Side | Main/Accessory Building/Use | 25** | 25** | 25** | 100 | 100 |
Off-Street Parking/Loading | 15 | 15 | 15 | 50 | 15 | |
Rear | Main/Accessory Building/Use | 25 | 25 | 25 | 100 | 100 |
Off-Street Parking/Loading | 15 | 15 | 15 | 50 | 15 | |
* Major roads shall be Brecksville Road, Broadview Road, Streetsboro Road and Wheatley Road
** The side yard shall be increased two feet for each foot as building exceeds 35 feet in height.
(Ord. 25-2011. Passed 9-20-11.)
1151.09 MAXIMUM BUILDING HEIGHT.
No building shall exceed 60 feet in height nor more than five stories.
(Ord. 25-2011. Passed 9-20-11.)
1151.11 SIGN REGULATIONS.
1151.13 OFF STREET PARKING AND LOADING REQUIREMENTS.
(Ord. 25-2011. Passed 9-20-11.)
1151.15 BUILDING AND SITE DESIGN STANDARDS.
Buildings and sites shall be designed to meet the standards enumerated in Section 1171.11
(c) of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1151.17 SITE DEVELOPMENT PLANS.
Site development plans are required for all development in the C-3 District as provided in Chapter 1171.
(Ord. 25-2011. Passed 9-20-11.)
1153.01 PURPOSE.
The Planned Commerce District (PCD) is established to encourage the coordination and integration of individually designed commercial buildings and uses into one planned district. The procedures contained in this Chapter are designed to allow imaginative architectural design, building types, and placement, while promoting an orderly, coordinated, and planned overall development of the whole district. Any development in the Kinross and Stonegate PCD shall be designed to be compatible with the Crossroad District Plan as adopted by Village Council in 2012.
(Ord. 55-2013. Passed 10-1-13.)
1153.03 GENERAL PROVISIONS.
The owner or owners of a tract of land may request that the Zoning Map of the Village be amended to include such tracts in the Planned Commerce District in accordance with this Chapter. Prior to the approval of the amendment to the Zoning Map establishing a Planned Commerce District, the owner or owners of the tract shall submit a Conceptual Plan of Development for the tract. The Conceptual Plan of Development is to be reviewed by and shall be approved by the Commission and Council as part of the zoning amendment establishing the District.
(Ord. 25-2011. Passed 9-20-11.)
1153.05 PERMITTED USES.
(a) Permitted Uses. The following uses shall be permitted uses in the Planned Commerce District:
(1) Administration and executive offices
(2) Professional and medical offices
(3) Research centers and testing labs
(4) Professional training schools
(5) Hotels and motels
(6) Conference and meeting centers
(7) Financial institutions
(8) Business services including duplication, blueprinting, copy centers, office supplies, mailing services
(9) Restaurants without drive-thru.
(b) Conditional Uses. The following uses shall be conditionally permitted pursuant to Section 1173.13(b) and shall not contain outdoor storage or uses other than required off-street parking:
(1) Drive-thru restaurants
(2) Equipment testing and service
(3) Hospitals and medical centers.
(4) Manufacturing and light assembly
(5) Financial institutions with drive-thru.
(6) Pharmacies, dry cleaners, and other service uses as determined by the Planning Commission.
(c) Accessory Uses.
(3) Other accessory uses customarily associated with, and clearly incidental to the main use.
(4) Personal services including child day care centers, barber and beauty shops.
(Ord. 30-2023. Passed 5-16-23.)
1153.07 DEVELOPMENT LOT AREA REQUIREMENTS.
(a) Property and Lot Areas.
(1) The tract or contiguous tracts of land required for the establishment of a Planned Commerce District shall not be less than a total of 25 acres.
(2) Parcels shall be assembled prior to rezoning to the Planned Commerce District. In general, no parcel for development shall be further created which is less than four acres in size. However, the Planning and Zoning Commission has the authority to adjust lot sizes for certain permitted and conditionally permitted uses if an applicant demonstrates that four acres are not necessary based on the size and use of the building proposed. Industry standards may be considered to demonstrate necessary parcel sizes. Imaginative building and site design can also be used to vary parcel sizes. In no such case shall parcels be reduced to less than two and one-half acres. The Planning and Zoning Commission may also reduce the required setbacks proportionally to the lot size. In no case shall the setbacks be reduced to less than 65% of the original requirements.
(3) The minimum lot width shall be 150 feet except for lots on Brecksville, Broadview or Wheatley Roads where the minimum lot width shall be not less than 300 feet.
(4) Where two adjoining parcels share a common drive the Commission may reduce the required lot width by 20 feet on each lot.
(Ord. 55-2013 Passed 10-1-13.)
1153.09 YARD REQUIREMENTS.
(a) Minimum front, side and rear yards shall be provided as follows:
(All figures in feet)
Yard | Use | Road Location | Adjacent to: | |||
Major* | All Other | Non-Res. District | Res. District | Interstate R.O.W. | ||
Front | Main/Accessory Building/Use | 150 | 100 | NA | NA | NA |
Off-Street Parking Off-Street Loading | 50 ** | 25 ** | NA NA | NA NA | NA NA | |
Side | Main/Accessory Building/Use | 50 | 50 | 50 | 100 | 100 |
Off-Street Parking/Loading | 20 | 20 | 20 | 50 | 30 | |
Rear | Main/Accessory Building/Use | 50 | 50 | 50 | 100 | 100 |
Off-Street Parking/Loading | 20 | 20 | 20 | 50 | 30 | |
* Major roads shall be Brecksville Road, Broadview Road, Wheatley Road and Streetsboro Road.
** Off-Street loading areas shall not be permitted within a required front yard nor in front of a building.
(Ord. 25-2011. Passed 9-20-11.)
1153.11 MAXIMUM BUILDING HEIGHT.
No structure shall exceed five stories and not more than 60 feet in height.
(Ord. 25-2011. Passed 9-20-11.)
1153.13 LANDSCAPING REQUIREMENTS.
(a) Front yards of all properties shall be landscaped to be consistent with an overall landscaping plan. Landscaping of front yards shall be designed to provide a uniform and harmonious design within the district and shall be designed to screen any parking areas located in front of buildings.
(b) There shall be a landscaped buffer area of not less than 30 feet along any lot line abutting a freeway right-of-way or residential district.
(c) Not less than 30% of the entire district shall be landscaped or remain in permanent open space. Existing natural features including woodlands, ravines, wetlands, and hillsides should be preserved whenever possible and incorporated into the overall Plan of Development.
(d) Not less than 30% of each lot shall be landscaped or remain in permanent open space.
(Ord. 25-2011. Passed 9-20-11.)
1153.15 MAXIMUM LOT COVERAGE.
The maximum area of a lot covered by main and accessory buildings shall not exceed 25%.
(Ord. 25-2011. Passed 9-20-11.)
1153.17 SIGN REGULATIONS.
1153.19 OFF-STREET PARKING AND LOADING REQUIREMENTS.
(Ord. 25-2011. Passed 9-20-11.)
1153.21 BUILDING AND SITE DESIGN STANDARDS.
Buildings and sites shall be designed to meet the standards enumerated in Section 1171.11
(c) of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1153.23 CONCEPTUAL PLAN OF DEVELOPMENT.
(a) Pre-Application Conference. Prior to filing an application for rezoning, the owner or applicant with the owner's consent shall meet with the Village Administration and Zoning Inspector to review the Conceptual Plan of Development requirements and the relevant zoning regulations and procedures.
(b) Conceptual Plan of Development Defined. Conceptual Plan of Development means a general plan submitted at the time of the rezoning request, outlining the general types of uses and buildings to be located on the entire tract; the amount of proposed development in square feet and acres; the general circulation pattern including new roadways; open space areas and buffers; general utility service showing access to storm, sanitary and water service; and an accurate survey map of all properties and landowners within the tract.
(c) Contents of the Conceptual Plan of Development: A Conceptual Plan of Development shall be submitted with an application for rezoning and be subsequently approved or not approved by the Commission and Council. The Conceptual Plan of Development shall include the following:
(1) Survey Map prepared by a licensed engineer or surveyor indicating all tracts of land to be considered for rezoning and all adjacent parcels. Included on the survey shall be the parcel identification and landowners names of each parcel, dimensions and bearing of the perimeter of the proposed district, the land area of the district, the existing topography, and the location and area to be allocated to various permitted and/or conditional uses.
(2) A site analysis shall be provided that indicates how existing conditions such as topography, grades, riparian corridors, wetlands, wooded areas, and other natural features will impact the conceptual design of roadways and locations for future buildings and parking areas.
(3) A schematic plan of the general development character of the tract including conceptual lot layout, proposed uses and other development features such as perimeter landscaping or open space.
(4) The general provision of utilities including public water, sanitary sewers storm drainage and retention methods including engineering feasibility.
(5) The general circulation pattern including conceptual location of proposed new streets, intersections to existing streets.
(6) The proposed schedule of development including: phases, improvements, streets, and subdivision of lands.
(7) Evidence that the applicant has sufficient control over the land to prepare and install required improvements including streets, sewers, drainage facilities and other facilities required by the zoning and subdivision regulations of the Village and any applicable State or Federal requirements.
(8) Any deed restrictions, covenants, recorded easements or other restrictions affecting the property.
(d) Approval Process.
(1) The applicant or owner shall submit an application along with 12 copies of the proposed Conceptual Plan of Development and application to amend the zoning map to the Clerk of Council. The application shall be signed by all landowners located within the boundaries of the proposed District.
(2) The application and Conceptual Plan of Development shall be submitted to the Commission for review and recommendations provided for in Section 1109.09.
(3) Within 60 days after submission, the Commission shall recommend to Council approval as submitted, approval with amendments, or disapproval of the Conceptual Plan and rezoning to the Planned Commerce District.
(4) Within 60 days after referral by the Commission, Council shall hold a public meeting following the procedures for a Zoning Map amendment as provided in Chapter 1109, Amendments.
(5) Within 90 days of the public hearing provided for in Section 1109.11, the Council shall act on the proposed rezoning. If the proposed zoning district is approved, the Council shall act on the Conceptual Plan of Development and approve as presented, approve with amendments, or disapprove the Conceptual Plan of Development.
(6) The approved Conceptual Plan of Development shall become part of the zoning of the property and may be amended from time to time when such amendments are agreed to by both the landowner and the Commission pursuant to the procedures herein and subsequently approved by Council.
(7) If the rezoning to establish a Planned Commerce District is not approved by Council, the Conceptual Plan of Development for the same area shall be null and void.
(Ord. 25-2011. Passed 9-20-11.)
1153.25 SITE DEVELOPMENT PLAN.
Upon rezoning of the parcel(s) to Planned Commerce District the owner may submit a site development plan for all or part of the area that has been zoned. The site development plan shall be generally consistent with the approved Conceptual Plan of Development. Site Development Plans are required as provided in Chapter 1171.
(Ord. 25-2011. Passed 9-20-11.)
1155.01 PURPOSE.
The OL Office Laboratory District is established to accommodate regional offices and research facilities along major roads. These use regulations are designed so that these districts will be compatible with adjoining residential districts. All uses and activities in this District shall be conducted within wholly enclosed buildings. No outdoor storage or use is permitted.
(Ord. 25-2011. Passed 9-20-11.)
1155.03 USES.
(a) Permitted Uses.
(1) Offices: professional, financial, governmental, public utility, administrative, sales (but no retail)
(2) Research laboratories: experimental, research, and testing; all types of basic and applied research of product design and development, including the operation of small-scale experimental and pilot plant operation
(3) Public and private educational facilities and indoor training schools
(4) Public buildings
(5) Library, museum, art gallery
(6) Hospital or medical arts
(7) Public or parochial primary or secondary school, public or private college or community college
(b) Conditional Uses.
(1) Public park, playground or other public recreation facility
(2) Licensed child or adult day care center
(3) Nursing homes, assisted living facilities subject to Section 1173.13(b)
(4) Public utilities and pertinent structures subject to Section 1173.15(b)
(5) Churches and other buildings for the purpose of religious worship
(Ord. 25-2011. Passed 9-20-11.)
(6) Offices with warehousing of products in an enclosed building (flex space) provided the office shall not be less than one-third of the total floor area of the use. (Ord. 37-2017. Passed 7-18-17.)
(c) Accessory Uses.
(1) Off-street parking and loading as provided in Chapter 1177
(2) Signs as permitted in Chapter 1163
(3) Personal services limited to beauty, barber, restaurant, snack bar, florist or copy center, all of which are incidental to and are a part of a permitted main use.
(Ord. 25-2011. Passed 9-20-11.)
(Ord. 25-2011. Passed 9-20-11.)
1155.05 LOT REQUIREMENTS.
(d) Maximum Building Coverage: 25%
(e) Minimum Landscaped and Planted Area: 30%
(Ord. 25-2011. Passed 9-20-11.)
1155.07 YARD REQUIREMENTS.
(a) Minimum front, side and rear yards shall be provided as follows:
(All figures in feet)
Yard | Use | Road Location | Adjacent to: | ||
Major* | All Other | Non- Residential District | Residential District | ||
Front | Main Building Use | 150 | 75 | NA | NA |
Accessory Building Use | 150 | 75 | NA | NA | |
Off-Street Parking | 75 | 75 | NA | NA | |
Off-Street Loading | ** | ** | NA | NA | |
Side | Main/Accessory Building Use | 40 | 40 | 40 | 75 |
Off-Street Parking/Loading | 25 | 25 | 25 | 50 | |
Rear | Main/Accessory Building Use | 40 | 40 | 40 | 75 |
Off-Street Parking/Loading | 25 | 25 | 25 | 50 | |
* Major roads shall be Brecksville Road, Broadview Road, Wheatley Road and Streetsboro Road
** Off-Street loading areas shall not be permitted within the required front yard nor in front of a main building.
(b) Minimum Yard Buffer. The minimum yard buffer between any O/L District use (permitted, conditional or accessory) and any dwelling unit shall be not less than 75 feet from the lot line. Such buffer area shall be landscaped and maintained to effectively screen the O/L District use from the adjacent residential use. The Commission may require evergreen trees, shrubs, fencing, walls, mounding or the retention of existing vegetation to provide visual buffering.
(Ord. 25-2011. Passed 9-20-11.)
1155.09 MAXIMUM BUILDING HEIGHT.
(a) The maximum building height of a permitted main building shall be 35 feet.
(b) The maximum building height of an accessory building shall not exceed the height of a main building.
(Ord. 25-2011. Passed 9-20-11.)
1155.11 MAXIMUM LOT COVERAGE BY BUILDINGS.
The maximum area of the lot coverage by buildings shall not exceed 25%.
(Ord. 25-2011. Passed 9-20-11.)
1155.13 LANDSCAPING REQUIREMENTS.
All development plans and submittals to the Commission shall be accompanied by a landscaping plan. Such plan shall show the following items:
(a) The location, name, and size of all existing trees on the site with a trunk diameter exceeding six inches.
(b) Common and taxonomic names, sizes and number of all plant materials to be installed.
(c) The location of all existing vegetation to remain and all plant material and landscape features to be added.
(d) The existing and proposed grade of the entire site showing two-foot contours.
(Ord. 25-2011. Passed 9-20-11.)
1155.15 SIGN REGULATIONS.
1155.17 OFF-STREET PARKING AND LOADING REQUIREMENTS.
Off street parking and loading spaces shall be provided according to the standards in Chapter 1177
, provided that not more than 25% of the required spaces may be permitted in front of the building.
(Ord. 25-2011. Passed 9-20-11.)
1155.19 BUILDING AND SITE DESIGN STANDARDS.
Building and sites shall be designed to meet the standards enumerated in Section 1171.11
(c) of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1155.21 DEVELOPMENT PLANS.
Development plans are required for all development in the Office/Laboratory District as provided in Chapter 1171
.
(Ord. 25-2011. Passed 9-20-11.)
1155.23 SPECIAL REGULATIONS FOR SUBDIVISIONS IN THE OFFICE/LABORATORY DISTRICT.
Subdivisions developed with frontage and access on interior roadways may be permitted as approved by the Commission and Council under the following conditions and standards:
(a) The subdivision shall be initially planned, platted and improved by one entity, corporation or person.
(b) The total development area within the subdivision shall be not less than 12 acres.
(c) Any lot within the development having frontage and/or access on a major road shall meet all of the standards required in the other sections of this chapter.
(d) An interior public roadway shall be constructed providing the required frontage, lot width and lot area as required herein prior to the sale of individual lots or the construction of buildings or permitted uses. The construction and dedication of the roadway may be phased upon approval of the Commission where each phase of the subdivision meets all of the requirements of this section.
(e) The minimum lot area for any interior lot not having frontage or access on a major road shall be two and one-half acres.
(f) The minimum lot width at the building line of interior lots in the subdivision shall be 150 feet, except on a cul-de-sac, where the minimum lot frontage at the road right-of-way shall be 80 feet.
(g) All other standards of the O/L District not listed within this section shall apply, including, but not limited to, permitted uses, yard requirements, height, signs, parking, loading, building and design standards, and development plans for each building and site improvement.
(h) Subdivisions shall comply with applicable rules and regulations for plats and subdivisions of the Village. All lots shall be serviced with central sanitary sewers and public water supply.
(Ord. 25-2011. Passed 9-20-11.)
1157.01 PURPOSE.
The O/LI Office and Limited Industrial District is established to preserve areas for office buildings and light industries that do not detract from the residential character of the Village, wherein all activity is conducted wholly in enclosed buildings, provide a buffer between more intensive uses and residential areas, and provide attractive buildings and landscaped yards. No outdoor storage of materials and vehicles is permitted.
(Ord. 25-2011. Passed 9-20-11.)
1157.03 USES.
(a) Permitted Uses.
(1) Administrative, professional, financial, governmental, public utility, and medical offices
(2) Banks and other financial institutions
(3) Research and development, laboratories and testing offices
(4) Medical centers including physical rehabilitation facilities
(5) Public and private educational facilities and indoor training schools
(b) Conditional Uses.
(1) Licensed child and adult day care center
(2) Business services including duplication, copy center, office supplies, mailing services
(3) Wholesale offices and showrooms provided that less than 50% of the building floor area is dedicated to warehouse
(4) Manufacturing, processing, assembly, servicing and testing that will not emit objectionable disturbance or hazard beyond the confines of the main building or property, including, but not limited to noise, fire, smoke or toxic or noxious fumes, heat or glare, vibration, or radioactive emission
(5) Churches and other buildings for the purpose of religious worship
(7) Offices with warehousing of products in an enclosed building (flex space) provided the sales office shall not be less than one-third of the total floor area of the use.
(c) Accessory Uses.
(3) Personal services limited to beauty, barber, restaurant, snack bar, florist or copy center, all of which are incidental to and are a part of a main permitted use
(4) Recreational uses may be permitted as an accessory use to medical centers including physical rehabilitation centers provided that less than 50% of the gross floor area of the building is dedicated to such uses
(Ord. 20-2025. Passed 4-15-25.)
1157.05 LOT REQUIREMENTS.
(c) Minimum Lot Frontage at Street Right of Way: 200 feet except as provided in Section 1157.23
(g).
(d) Maximum Building Coverage: 20% for a multi-story building, 30% for a one-story building.
(e) Minimum Landscaped and Planted Area: 30% of the entire lot.
(Ord. 25-2011. Passed 9-20-11.)
1157.07 YARD REQUIREMENTS.
(a) Minimum front side and rear yards shall be provided as follows:
(All figures in feet)
Yard | Use | Road Location | Adjacent to: | ||
Major* | All Other | Non- Residential District | Residential District | ||
Front | Main Building Use | 125 | 75 | NA | NA |
Accessory Building Use | 125 | 75 | NA | NA | |
Off-Street Parking | 125 | 75 | NA | NA | |
Off-Street Loading | ** | ** | NA | NA | |
Side | Main/Accessory Building Use *** | 40 | 40 | 40 | 100 |
Off-Street Parking/Loading | 25 | 25 | 25 | 50 | |
Rear | Main/Accessory Building Use *** | 50 | 50 | 50 | 100 |
Off-Street Parking/Loading | 25 | 25 | 25 | 50 | |
* Major roads shall be Brecksville Road, Broadview Road, Wheatley Road and Streetsboro Road.
** Off-street loading shall not be permitted in the required front yard nor in front of the main building.
*** Side and rear yards shall be increased two feet for each foot of building height over 35 feet.
(b) Minimum Yard Buffer. The minimum yard buffer between any O/LI District use (permitted, conditional or accessory) and any dwelling unit shall be not less than 50 feet from the lot line. Such buffer area shall be landscaped and maintained to effectively screen the O/LI District use from the adjacent residential use. The Commission may require evergreen trees, shrubs, fencing, walls, mounding or the retention of existing vegetation to provide visual buffering.
(Ord. 25-2011. Passed 9-20-11.)
1157.09 MAXIMUM BUILDING HEIGHT.
No structure shall exceed 35 feet, except office buildings, which shall not exceed the maximum height of five stories but not greater than 60 feet.
(Ord. 25-2011. Passed 9-20-11.)
1157.11 MAXIMUM LOT COVERAGE BY BUILDINGS.
The maximum area of a lot covered by buildings shall not exceed 30% for a one-story building and shall not exceed 20% for a multi-story building.
(Ord. 25-2011. Passed 9-20-11.)
1157.13 LANDSCAPING REQUIREMENTS.
All development plans and submittals to the Commission shall be accompanied by a landscaping plan. Such plan shall show the following items:
(a) The location, name and size of all existing trees on the site with a trunk diameter exceeding six inches.
(b) Common and taxonomic names, sizes and number of all plant material to be installed.
(c) The location of all existing vegetation to remain and all plant material and landscape features to be added.
(d) The existing and proposed grade of the entire site showing two-foot contours.
(Ord. 25-2011. Passed 9-20-11.)
1157.15 SIGN REGULATIONS.
1157.17 OFF-STREET PARKING AND LOADING REQUIREMENTS.
Parking and loading requirements shall be as regulated in Chapter 1177
, provided that not more than 25% of the required parking spaces may be located in front of the building.
(Ord. 25-2011. Passed 9-20-11.)
1157.19 BUILDING AND SITE DESIGN STANDARDS.
Buildings and sites shall be designated to meet the standards enumerated in Section 1171.11
(c) of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1157.21 DEVELOPMENT PLANS.
Development plans are required for all developments in the Office-Limited Industrial District as provided in Chapter 1171
.
(Ord. 25-2011. Passed 9-20-11.)
1157.23 SPECIAL REGULATIONS FOR SUBDIVISIONS IN THE OFFICE/ LIGHT INDUSTRIAL DISTRICT.
Office or light industrial subdivisions developed with frontage and access on interior office or industrial park roadways may be permitted as approved by the Commission and Council under the following conditions and standards:
(a) The office/light industrial subdivision shall be initially planned, platted and improved by one entity, corporation or person.
(b) The total development area within the subdivision shall be not less than 12 acres.
(c) Any lot within the development having frontage and/or access on a major road shall meet all of the standards required in the other sections of this Chapter.
(d) An interior public roadway shall be constructed providing the required frontage, lot width and lot area as required herein prior to the sale of individual lots or the construction of buildings or permitted uses. The construction and dedication of the roadway may be phased upon approval of the Commission where each phase of the subdivision meets all of the requirements of this section.
(e) The minimum lot area for any interior office or light industrial lot not having frontage or access on a major road shall be three acres.
(f) The mean lot area of all lots within the subdivision shall not be less than four acres.
(g) The minimum lot frontage at the street right-of-way and lot width of interior lots in the subdivision shall be 200 feet, except on a cul-de-sac, where the minimum lot frontage at the street right-of-way shall be 100 feet.
(h) All other standards of the O/LI Districts not listed within this section shall apply, including, but not limited to, permitted uses, yard requirements, height, signs, parking, loading, building and design standards, and development plans for each building and site improvement.
(i) Subdivisions shall comply with applicable rules and regulations for plats and subdivisions of the Village. All lots shall be serviced with central sanitary sewers and public water supply.
(Ord. 25-2011. Passed 9-20-11.)
1159.01 PURPOSE.
The I Industrial District is established to preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with nearby more restrictive uses.
(Ord. 25-2011. Passed 9-20-11.)
1159.03 USES.
(a) Permitted Uses.
(1) Research and development laboratories and testing offices
(2) Light manufacturing without outdoor storage
(3) Office buildings for professional, administrative, financial and public utility organizations
(4) Warehousing, storage, wholesale jobbing or distributing uses in enclosed buildings and only in connection with a permitted industrial or manufacturing building or use
(5) Wholesale establishments, offices, and showrooms
(6) Manufacturing, processing, cleaning, servicing, testing that will not emit objectionable disturbance or hazard beyond the confines of the main building or property, including, but not limited to noise, fire, smoke or toxic or noxious fumes, heat or glare, vibration, or radioactive emission
(b) Conditionally Permitted Uses. The Commission may approve the following uses if the Commission determines the use is consistent with the purpose of this District and meets the requirements of this Chapter. The Commission may seek expert advice on what limitations should be imposed on the particular operation to reasonably modify any injurious or offensive effects likely to result from such an operation. The cost of such expert assistance shall be borne by the applicant. A list of suggested uses follows:
(1) Storage of the following materials provided that storage is within an enclosed building or an area enclosed on all sides by a six-foot high solid masonry wall, or a minimum six-foot high solid painted fence with openings no greater than 15% and screened with landscaping, fencing, and mounding, so that no stored material is visible from a public street or residential district:
A. Building materials, sales yard and lumber yard, including millwork, when within a completely enclosed building.
B. Contractor's equipment storage yard, or a yard used for the storage and rental of equipment commonly used by contractors.
(2) Government owned and/or operated buildings and facilities, subject to Section 1173.15(b).
(3) Vehicle Repair Station or Truck Servicing Station.
(4) Veterinarian hospital, clinic or kennel.
(5) Commercial kennel.
(c) Accessory Uses.
(3) Other accessory uses customarily associated with the main use that are clearly incidental to the main use
(Ord. 20-2025. Passed 4-15-25.)
1159.05 LOT REQUIREMENTS.
(d) Maximum Building Coverage: 30%.
(e) Minimum Landscaped and Planted Area: 30%.
(Ord. 25-2011. Passed 9-20-11.)
1159.07 YARD REQUIREMENTS.
(a) Minimum front, side and rear yards shall be provided as follows:
(All figures in feet)
Yard | Use | Road Location | Adjacent to: | ||
Major* | All Other | Non- Residential District | Residential District | ||
Front | Main Building Use | 100 | 75 | NA | NA |
Accessory Building Use | 100 | 75 | NA | NA | |
Off-Street Parking | 100 | 75 | NA | NA | |
Off-Street Loading | ** | ** | NA | NA | |
Side | Main/Accessory Building Use | 40 | 40 | 40 | 100 |
Off-Street Parking/Loading | 25 | 25 | 25 | 50 | |
Rear | Main/Accessory Building Use | 40 | 40 | 40 | 100 |
Off-Street Parking/Loading | 25 | 25 | 25 | 50 | |
* Major roads shall be Brecksville Road, Broadview Road, Wheatley Road and Streetsboro Road.
** Off-street Loading Area shall not be permitted within the required front yard nor in front of a main building.
(b) Minimum Yard Buffer. The minimum yard buffer between any Industrial District use (permitted, conditional or accessory) and any dwelling unit lot line shall be not less than 50 feet from the lot line. Such buffer area shall be landscaped and maintained to effectively screen the use from the residential use. The Commission may require evergreen trees, shrubs, fencing, walls, mounding or the retention of existing vegetation to provide visual buffering.
(Ord. 25-2011. Passed 9-20-11.)
1159.09 MAXIMUM BUILDING HEIGHT.
The maximum height of a permitted, conditional or accessory building or structure shall not exceed five stories but not greater than 60 feet.
(Ord. 25-2011. Passed 9-20-11.)
1159.11 MAXIMUM LOT COVERAGE BY BUILDINGS.
The maximum area of a lot covered by buildings shall not exceed 30%.
(Ord. 25-2011. Passed 9-20-11.)
1159.13 LANDSCAPING REQUIREMENTS.
All development plans and submittals to the Commission shall be accompanied by a landscaping plan. Such plan shall show the following items:
(a) The location, name and size of all existing trees on the site with a trunk diameter exceeding six inches.
(b) Common and taxonomic names, sizes, and numbers of all plant material to be installed.
(c) The location of all existing vegetation to remain and all plant material and landscape features to be added.
(d) The existing and proposed grade of the entire site showing two-foot contours.
(Ord. 25-2011. Passed 9-20-11.)
1159.15 SIGN REGULATIONS.
1159.17 OFF STREET PARKING AND LOADING REQUIREMENTS.
Off-street parking and loading requirements, as regulated by Chapter 1177
, provide that not more than 25% of the required spaces may be permitted in front of the building.
(Ord. 25-2011. Passed 9-20-11.)
1159.19 BUILDING AND SITE DESIGN STANDARDS.
Buildings and sites shall be designated to meet the standards enumerated in Section 1171.11
(c) of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1159.21 SITE DEVELOPMENT PLANS.
Site development plans are required for all development in the Industrial District as provided in Chapter 1171
.
(Ord. 25-2011. Passed 9-20-11.)
1159.23 SPECIAL REGULATIONS FOR SUBDIVISIONS IN THE INDUSTRIAL DISTRICT.
Industrial subdivisions developed with frontage and access on interior industrial roadways may be permitted as approved by the Commission and Council under the following conditions and standards:
(a) The industrial subdivision shall be initially planned, platted, and improved by one entity, corporation, or person.
(b) The total development within the subdivision shall not be less than12 acres.
(c) Any lot within the development having frontage and/or access on a major road shall meet all of the standards required in the other sections of this Chapter.
(d) An interior public industrial roadway shall be constructed providing the required frontage, lot width and lot area as required herein prior to the sale of individual lots or the construction of buildings or permitted uses. The construction and dedication of the roadway may be phased upon approval of the Commission where each phase of the subdivision meets all of the regulation of this Section.
(e) The minimum lot area for any interior industrial lot not having frontage or access on a major road shall be two acres.
(f) The average lot area of all industrial lots within the subdivision shall not be less than three acres.
(g) The minimum lot frontage at the road right of way and lot width at the building line of interior industrial lots shall be 200 feet, except on a cul-de-sac, where the minimum lot frontage shall be 100 feet at the road right of way.
(h) All other standards of the Industrial District not listed within this section shall apply, including, but not limited to, permitted uses, yard requirements, height, signs, parking, loading, building and design standards, and development plans for each building and site improvement.
(i) Subdivisions shall comply with applicable rules and regulations for plats and subdivisions of the Village. All lots shall be serviced with central sanitary sewers and public water supplies.
(Ord. 25-2011. Passed 9-20-11.)
1161.01 PURPOSE AND FINDINGS.
(a) Purpose. It is the purpose of this Chapter to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the Village and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Village. The provisions of this Chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(b) Findings. The Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
(Ord. 25-2011. Passed 9-20-11.)
1161.03 DEFINITIONS.
(a) "Adult arcade" means any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video or laser disc players, or (ii) other video or image-producing devices are available, run via coin, token or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(b) "Adult bookstore, adult novelty store or adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as "adult bookstore, adult novelty store, or adult video store." Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "adult bookstore, adult novelty store, or adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(c) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a "state of nudity" or "state of semi-nudity"; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators or similar entertainment; or
(4) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(d) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(e) "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(f) "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(g) "Establishment" means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The additions of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
(h) "Nude model studio" means any place where a person who appears nude or who displays specified anatomical areas provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
(2) A private college or university that offers educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(3) An establishment holding classes in a structure that has no visible sign from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
(i) "Nudity" or "state of nudity" or "nude" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering, exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume or covering that gives the appearance of or simulates any of these anatomical areas.
(j) "Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.
(k) "Principal business purpose" means 25% or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts for merchandise for sale or rental for consideration, whichever is greater.
(l) "Semi nudity" or "semi nude condition" or "semi nude" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
(m) "Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one of more of the persons is semi-nude.
(n) "Sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio or sexual encounter center.
(o) "Specified anatomical areas" means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(p) "Specified sexual activities" means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in subsection (p)(1) through (2) hereof.
(q) "Substantial enlargement" of a sexually oriented business means the increase in floor areas occupied by the business any more than 25% as the floor areas exist on the date this Chapter takes effect.
(Ord. 25-2011. Passed 9-20-11.)
1161.05 CLASSIFICATIONS.
Sexually oriented businesses are classified as follows:
(a) Adult arcade
(b) Adult bookstores, adult novelty stores, or adult video stores
(c) Adult cabarets
(d) Adult motion picture theaters
(e) Adult theaters
(f) Nude model studios
(g) Sexual encounter centers
(Ord. 25-2011. Passed 9-20-11.)
1161.07 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) Sexually oriented businesses may be located only in accordance with the restrictions contained in subsections (b) through (h) hereof.
(b) Sexually oriented businesses may be located only in those areas which are south of Federal Interstate Highway 271 (I-271) and zoned as Industrial Districts.
(c) No sexually oriented business may be established on a lot which borders on or touches Brecksville Road, or Federal Interstate Highways 77 or 271.
(d) No sexually oriented business may be established within 500 feet of:
(1) A church, synagogue, mosque, temple or building, which is used primarily for religious worship and related religious activities
(2) A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school
(3) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, natural trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the Village which is under the control, operation or management of either the Village park and recreation authorities or which is operated or managed by the Cuyahoga Valley National Park;
(4) The property line of a lot devoted to a residential use as defined in the Zoning Code
(5) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(e) No sexually oriented business may be established, operated, or enlarged within 1,000 feet of another sexually oriented business.
(f) Not more than one sexually oriented business shall be established or operated in the same building, structure or portion thereof, and the floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business may not be increased.
(g) For the purpose of subsection (d) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (d) hereof.
(h) For purposes of subsection (e) hereof, the distance between any sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(Ord. 25-2011. Passed 9-20-11.)
1161.09 ADDITIONAL REGULATIONS CONCERNING LOT, YARD, HEIGHT, PARKING, BUILDING AND SITE DESIGN STANDARDS, AND SITE DEVELOPMENT PLAN REQUIREMENTS.
(a) Lot requirements for sexually oriented businesses are those specified in Section 1149.05
of this Zoning Code.
(b) Yard requirements for a sexually oriented business are those specified in Section 1149.07
of this Zoning Code.
(c) Maximum height regulations for a sexually oriented business are those specified in Section 1149.09
of this Zoning Code.
(d) Parking requirements for a sexually oriented business are governed by the provisions contained in Chapter 1177
of this Zoning Code.
(e) Buildings and site design standards for a sexually oriented business are those specified in Section 1149.15
of this Zoning Code.
(f) Site development plans for a sexually oriented business shall be submitted to the Commission in accordance with the procedures specified in Chapter 1171
of this Zoning Code.
(g) Review and approval procedures for a site development plan for a sexually oriented business shall be in accordance with the procedures specified in Chapter 727
of the Codified Ordinances, Licensing and Operation of sexually oriented businesses.
(Ord. 25-2011. Passed 9-20-11.)
1161.11 SIGN REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
(a) All signs shall be "wall signs" as defined in Section 1163.03
(ee) of this Zoning Code, with a maximum allowable sign area of 50 square feet as measured in accordance with the standards specified in Section 1163.07
of this Zoning Code, and shall comply with the location standards specified in Sections 1163.21
(b) and 1163.17
(a), and the illumination standards specified in Section 1163.21
(a).
(b) Review and approval procedures for a sign permit for a sexually oriented business shall be in accordance with the procedures specified in Chapter 727
of the Codified Ordinances, Licensing and Operation of sexually oriented businesses.
(d) No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk or street in front of the building.
(e) Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
(Ord. 25-2011. Passed 9-20-11.)
1161.13 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. 25-2011. Passed 9-20-11.)