Rocky River City Zoning Code

TITLE SEVEN

Zoning District/Use Regulations

1149.01 ESTABLISHMENT OF DISTRICTS.

In order to carry out the purpose of this Code, the City is hereby divided into the following districts, all of which are designated on the Official Zoning Map by symbols, colors, and boundaries. The districts shall be known as:

District	Symbol
Residential Districts
Single-Family Residential District	R-1
Two-Family Residential District	R-2
Single-family Attached District	R-3
Multi-Family District	R-4
	R-5
	R-6
Golden Age District	R-7

Business Districts
Central Business Mixed Use District	CBD
Office Districts	OB-1
	OB-2
Local Business District	LB
General Business District	GB
Service Manufacturing District	SM

Other Districts
Public Facilities District	PF
Floodway District	FW
Mixed Use Overlay District	MX

1149.03 OFFICIAL ZONING MAP.

(a) The boundaries of the districts are shown upon the map designated as the Official Zoning Map. The Official Zoning Map and all of the notations, references and other information shown thereon, are a part of this Code and have the same force and effect as if the Official Zoning Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which is properly attested to and is on file with the Zoning Administrator.

(b) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Code.

(c) In the event that the Map becomes damaged, destroyed or lost, Council may, by ordinance, adopt a new official Zoning Map, which shall supersede the prior Map. The new Map may correct drafting or other errors or omissions in the prior Map.

1149.05 INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply:

(a) Where the designation of a boundary line on the zoning map coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary of such district.

(b) Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(c) Where the district boundaries do not coincide with the location of streets, alleys, or lot lines, the district boundaries shall be determined by the use of the scale shown on the Official Zoning Map described in Section 1149.03 .

(d) All streets, alleys, public ways, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways and railroad rights-of-way.

(e) Where the centerline of a street, alley, public way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

(f) Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the each side of such public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended.

(g) Where a district boundary line established in this Development Code or as shown on the Zoning Map divides a lot which was in single ownership at the time of enactment of this Ordinance, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and each part of the parcel shall comply with the regulations of the District in which it is located.

(h) All uncertainties and disputes concerning the exact location of zoning district boundaries shall be resolved by the Planning Commission according to the rules and regulations that it may adopt.

1149.07 SETBACK MAPS.

(a) The Map entitled "Setback Map, City of Rocky River, Ohio" showing the setback building line for each street and each lot or parcel of land located thereon, which Map is attached to original Ordinance 29-75 and marked Exhibit "A", is hereby declared to be a part hereof and enacted as part of the Development Code to be utilized as provided for in this Development Code.

(b) The Map entitled "Setback Map, City of Rocky River, Ohio" showing the setback building line for each street and each lot or parcel of land located thereon, is hereby amended in accordance with the amended setbacks for Wagar Road and various streets affected thereby in accordance with Exhibit "A" attached to original Ordinance 93-76 is made a part hereof and enacted as part of the Development Code.

1151.01 INTENT.

Public facilities (PF) are meant to serve the neighborhood or the residential community at large with needs that cannot be served satisfactorily, or, that its environment may not be compatible if located at a distance from the residential area served. The District and regulations are established in order to achieve, among others, the following purposes:

(a) To provide a proper zoning classification and district for the prevailing and future governmental, civic, welfare and recreational facilities in proper locations;

(b) To assure that such facilities shall be compatible with adjoining residential uses;

(c) To provide regulations and criteria to protect such public and semi-public facilities and institutions from encroachment and injury; and,

(d) To provide an environment for the proper functioning of public facilities in relation to the Master Plan and Community Facilities Plan.

1151.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1151.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1151.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, according to the procedures set forth in Chapter 1131, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1151.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(d) Compliance with Standards. Although a use may be indicated as a permitted principal, conditional, or accessory use in a particular district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.

(e) Use Not Listed in Schedule. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in this zoning district and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1135 or upon a finding that a use is substantially similar as provided in Section 1127.39 .

(f) Schedule 1151.03 Permitted Uses.

Schedule 1151.03 Permitted Uses in Public Facilities District
	PF Public Facilities District
(1) Community Facilities
A. Administrative government offices	P
B. Cemetery	P
C. Civic Center	P
D. Medical/Healthcare facility	P
E. Library, Cultural institution	P
F. Place of worship/church	P
(2) Educational Facilities
A. School (public/private) elementary/secondary	P
B. School (public/private) college/university	P
(3) Recreation/Other
A. Golf course	P
B. Marina	P
C. Public park, public playground	P
(4) Other
A. Public safety facility	P
B. Wireless telecommunication facility	See Chapter 1191

(5) Accessory Uses
A. Accessory building or structure(a)	A
B. Fences and walls(a)	A
C. Off-street parking and loading facilities	A
D. Outdoor Storage	A
E. Signs(b)	A
F. Day care facility, adult and/or child	A
Notes to Schedule 1151.03: (a) See Section 1151.13, Accessory Use Regulations. (b) As further regulated by Chapter 1193, Sign Regulations.
P = Use permitted by right C = Conditional use A= Accessory use Blank Cell = Use not permitted in district

(Ord. 48-09. Passed 5-24-10.)

1151.05 LOT REGULATIONS.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the Public Facilities District shall be as specified in Schedule 1151.05, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses.

(b) Schedule 1151.05 Lot Requirements in Public Facilities District.

Schedule 1151.05 Lot Requirements in Public Facilities District

	PF Public Facilities
(1) Minimum Lot Area	None
(2) Minimum Lot Width	0 feet
(3) Maximum Lot Coverage by Buildings	20%

1151.07 SETBACK REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as well as the required side and rear setbacks as set forth in Schedule 1151.07, measured from the appropriate lot line, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses. The area within the setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(b) Schedule 1151.07. Minimum Building Setbacks.

Schedule 1151.07 Minimum Building Setbacks
	PF Public Facilities
(1) Minimum Setback from Street Right-of- Way	(a)
(2) Setback from Side & Rear Lot line abutting non-residential dist.	15 feet
(3) Setback from Side & Rear Lot line abutting residential dist.	75 feet
Notes to Schedule 1151.07: (a) Each lot shall have and maintain a minimum setback from a street right-of-way in compliance with the Setback Map, City of Rocky River, May 12, 1975.

1151.09 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

(a) When adjacent to a residential district, permitted buildings may be erected to a height not exceeding one-half (1/2) the width of the side or rear yard where adjoining a single-family residential district, or to a height not exceeding two-thirds (2/3) the width of a side or rear yard where adjoining a multi-family district boundary line.

(b) When adjacent to a non-residential district, the maximum height for principal buildings or structures shall not exceed thirty-five (35) feet.

(c) Spires and other ornamental devices located upon or constituted as an integral part of a principal building may exceed the above restriction, but shall not exceed a height of one hundred (100) feet above finished grade. Other permitted height exceptions are set forth in Chapter 1181, General Use Regulations.

(d) The maximum height of accessory building or structures shall not exceed fifteen (15) feet.

1151.11 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall conform to the regulations of Chapter 1187 and to the parking requirements set forth below:

(a) Schedule 1151.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted.

Schedule 1151.11 Minimum Parking Setbacks
	PF Public Facilities
(1) Minimum Setback from Street ROW	20 feet (a)
(2) Setback from Side and Rear Lot Line abutting nonresidential dist.	10 feet
(3) Setback from Side and Rear Lot line abutting residential dist.	25 feet (a)
(a) The Planning Commission may permit the reduction of this setback to ten (10) feet when such reduction would be consistent with surrounding development or the character of the street.

(b) The area within the parking setback shall be landscaped in accordance with Chapter 1185, Landscaping and Screening Regulations.

(1) Be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent residential uses.

(2) Comply with the applicable parking setback requirements set forth in Schedule 1151.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1151.13 ACCESSORY USE REGULATIONS.

(a) Accessory Buildings. All uses shall comply with the regulations in this sub-section. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1151.11. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the zoning district in which the lot is located.

(b) Fences and Walls. Fences and walls may be erected in the Public Facilities District in compliance with the requirements set forth below.

(1) Location.

A. Fences may be built up to, but not on, the property line, and shall be located entirely on the property of the person constructing it, except property owners, with written permission from abutting property owners, may connect to fences on adjoining properties.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within twenty (20) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of way;

3. At the intersection of any two driveways.

C. All fences shall comply with Section 1181.11 , Visibility at Intersections.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.

B. No fence shall be electrified or topped with barbed wire.

C. Only ornamental fences shall be permitted in front of a building, unless required for screening pursuant to Chapter 1185, Landscaping & Screening Regulations, or provided for outdoor dining pursuant to Chapter 1183.

D. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(3) Height. No fence shall exceed six (6) feet in height in any rear or side yard, or exceed three (3) feet in height when located in front of a building or in yards abutting a public street right-of-way, unless otherwise required by this Development Code.

(4) Screening and Landscaping.

A. Screening and landscaping is not required for ornamental fences.

B. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

1. Fences that are located within required building and parking setbacks shall be considered appropriately screened with the landscaping required in Section 1185.07 , Landscaping along the Street Frontage and Parking Setback, is planted within five (5) feet of the fence and between the fence and the property line.

2. Fences that are not located within the required setback areas shall be screened with the following landscape materials, planted not more than five (5) feet from the fence and between the fence and the property line:

(I) One shade tree shall be provided for every thirty (30) linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet;

(II) One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,

(III) The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) All fences shall be maintained in good condition, be structurally sound, and attractively finished at all times.

(6) Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1127.

(c) Storage of Goods and General Merchandise. The outdoor storage of goods and general materials shall be an accessory use associated with a permitted use and shall comply with the following:

(1) Outdoor storage of materials shall include the storage of goods, materials, or products associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.

(2) All outdoor storage of goods and materials shall be enclosed with a solid wall or fence, including solid gates and shall be screened according to the requirements set forth in Chapter 1185, Landscaping and Screening Regulations. The solid wall or fence and the associated gates shall be maintained in good condition. No barbed or razor wire shall be permitted.

(3) All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.

(4) Areas devoted to outdoor storage shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the storage is located on a corner lot. The enclosed area shall be setback fifteen (15) feet from any property boundary that abuts a single-family residential district and in no case shall the side and rear setback of the enclosed area be less than ten (10) feet. On corner and through lots, the enclosed area shall be setback fifteen (15) feet from any street right-of-way.

(5) Any proposed outdoor storage areas shall be approved as part of a Development Plan Review Procedures in accordance with Chapter 1127.

(d) Storage of Vehicles and Equipment. The outdoor storage of vehicles and equipment shall be an accessory use associated with a permitted and shall comply with the following:

(1) All stored vehicles or equipment shall be necessary to and customarily associated with the principal use;

(2) All vehicles or equipment shall be in an operable state and with a current registration, if applicable. In no case shall inoperable vehicles be stored;

(3) All outdoor storage of vehicles and equipment shall be enclosed with a solid wall or fence, including solid gates and shall be screened according to the requirements set forth in Chapter 1185, Landscaping and Screening Regulations. The solid wall or fence and the associated gates shall be maintained in good condition. No barbed or razor wire shall be permitted.

(4) All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times;

(5) Areas devoted to outdoor storage of vehicles and equipment shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the outdoor storage is located on a corner lot. The enclosed area shall be setback fifteen (15) feet from any property boundary that abuts a single-family residential district or is adjacent to a public street right-of-way and in no case shall the side and rear setback of the enclosed area be less than ten (10) feet; and,

(6) Any proposed outdoor storage of vehicles shall be approved as part of a Development Plan Review Procedures in accordance with Chapter 1127.

1151.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in non-residential districts in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1151.17 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1151.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping & Screening Regulations.

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1181, General Use Regulations.

(c) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

(d) All uses in the Public Facilities District shall comply with the additional performance standards in Chapter 1181, General Use Regulations.

1151.19 ZONING CONSIDERATIONS.

An application for a change of district for a proposed public facility shall not be approved unless, after a determination, the Commission shall find that the use applied for complies with the standards and criteria as follows:

(a) That the proposed use shall be in accord with the objectives of the land use or Master plan and shall be located so as to have access only on an arterial or collector street, excepting that it may be located on a local street provided it is found that the extent and intensity of the proposed development shall not substantially increase the volume and type of traffic movements on the local street.

(b) That the proposed use is necessary to serve the neighborhood or the residential community at large and that the need cannot be served satisfactorily or that its environment would not be compatible if located in a nearby non-residential district.

(c) That the dimensions of the site are sufficient to fully provide the area, setback and lot coverage requirements, and to insulate it from the surrounding dwellings.

(d) That the location, design and operation of such use shall not discourage the appropriate development or impair the value of the surrounding residential areas.

1151.21 DEVELOPMENT PLAN REVIEW.

All uses in the Public Facilities District shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

1153.01 INTENT.

Single-Family and Two-Family Residential Districts (R-1 and R-2) and their regulations are established in order to achieve, among others, the following purposes:

(a) To regulate the bulk and location of dwellings, accessory buildings, and other structures to obtain proper privacy and useable open spaces on each lot appropriate for the various districts;

(b) To regulate the density and distribution of the population to avoid congestion and maintain adequate services;

(c) To provide proper spacing between buildings to ensure adequate fire separation and adequate access for fire and other emergency vehicles and equipment;

(d) To protect the desirable characteristics and promote the stability of existing residential development;

(e) To promote the most desirable and beneficial use of the land in accordance with the objectives and goals of the City of Rocky River Master Plan; and,

(f) To carry out the following specific purposes:

(1) The R-1 Single-Family Residential District is established to encourage the creation and preservation of low-density single-family residential neighborhoods.

(2) The R-2 Two-Family District is established to promote, preserve and protect medium-low density neighborhoods in the City. Two-family dwellings are to be in locations where they are designed and located in a manner that is compatible with the existing or proposed residential neighborhood.

1153.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1153.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1153.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, according to the procedures set forth in Chapter 1131, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1153.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(f) Schedule 1153.03 Permitted Uses.

Schedule 1153.03 Permitted Uses
	R-1	R-2
	Single-Family Residential District	Two-Family Residential District
(1) Residential
A. Single-family dwelling, detached	P	P
B. Cluster Development in compliance with Chapter 1161	P	P
C. Two-family dwelling		P
D. Family day care home for 1-6 children (Type B) (d)	P	P
E. Family day care home for 7-12 children (Type A)	C	C
(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P	P
B. Adult care facility for 6-16 persons (Adult group home)	C	C
C. Residential facility for 5 or fewer persons (Foster family home)	P	P

D. Residential facility for 6 - 8 persons (Family home)	P	P
E. Residential facility for 9 - 16 persons (Group home)	C	C
(3) Community Facilities/Institutions
A. Utility substation/distribution facility, indoor	C	C
B. Utility substation/distribution facility, outdoor	C	C
(4) Other
A. Wireless telecommunication facility	See Chapter 1191 (1)
B. Restricted parking lot	C	C
(5) Accessory Uses
A. Detached accessory buildings, including garages (a)	A	A
B. Fences, walls (a)	A	A
C. Home occupation (b)	A	A
D. Other accessory structures (a)	A	A
E. Private swimming pools (a)	A	A
F. Signs (c)	A	A
Notes to Schedule 1153.03: (a) See Section 1153.15, Accessory Use and Structures. (b) As further regulated by Chapter 1181, General Use Regulations. (c) As further regulated by Chapter 1193, Sign Regulations. (d) As further regulated by Section 1181.03, Family Day Care Home. P = Use permitted by right; C = Conditional use; A = Accessory use; Blank cell = Use not permitted in district

(Ord. 87-17. Passed 12-17-18.)

1153.05 LOT REQUIREMENTS.

(a) Minimum Lot Area and Width. The area and width of a lot shall not be less than the dimensions set forth in Schedule 1153.05 for the district in which the lot is located, except as otherwise regulated in Chapter 1183, Conditional Use Regulations.

(b) Maximum Lot Coverage. The maximum lot coverage by building shall be as set forth in Schedule 1153.05 for the district in which the lot is located.

Schedule 1153.05 Minimum Lot Requirements
	R-1 Single-Family Residential District	R-2 Two-Family Residential District
(1) Minimum lot area	10,000 square feet	6000 square feet (b)
(2) Minimum width at building setback line (a)	75 feet	60 feet
(3) Maximum lot coverage by building	28%	28%
(a) On curved streets, the lot width shall be the arc length of the building setback line. (b) Per Dwelling Unit

1153.07 SETBACK REQUIREMENTS.

Dwelling units shall be located on a lot in a manner that maintains the minimum front, side, and rear setbacks set forth in this Section for the district in which the lot is located, except as otherwise regulated in Chapter 1183, Conditional Use Regulations. The area within each required setback shall remain unobstructed by structures, except as otherwise permitted in this Code.

(a) Front Setback. Each lot shall have and maintain a front setback in compliance with the Setback Map, City of Rocky River, May 12, 1975.

(b) Front Setback on Through Lots. On a through lot, a front setback shall be provided on each frontage equal to the minimum required front setback as set forth on the Setback Map, City of Rocky River, May 12, 1975. There shall be no required rear setback on a through lot.

(c) Side Setbacks. Each interior and through lot shall have and maintain two side sidebacks. Schedule 1153.07 sets forth the minimum width of each side setback.

(d) Rear Setbacks. Each lot shall have and maintain a rear setback as specified in Schedule 1153.07.

(e) Corner Lot Setbacks. Corner lots shall have and maintain the setback requirements in this sub-section, if the Setback Map, City of Rocky River, May 12, 1975, is unclear. See Figure 1 below.

(1) Corner Side Setback. Where new construction or an addition to an existing building is proposed for a corner lot, such building or building addition shall maintain a corner side setback that complies with the following:

A. The depth of the front yard on a corner lot shall be not less than the required setback as established on the Setback Map or by regulations in this Zoning Code.

B. The width of the side yard on the side street, as defined herein, shall be not less than one-half (½) of the depth of the front yard required for the adjoining lot which abuts on a side street, unless shown otherwise on the Setback Map.

C. Accessory buildings in a rear yard shall be located not less than twenty-five (25) feet (.76 m) from the side street line, but in no case less than required for the main building, and not less than ten (10) feet (3.05 m) from the rear lot line.

(2) Interior Side Setback. The width of a side setback along the interior side lot line shall not be less than the minimum side setback as set forth in Schedule 1153.07.

(f) Schedule 1153.07 Minimum Setback Requirements:

Schedule 1153.07 Minimum Setback Requirements
	R-1 Single-Family Residential District	R-2 Two-Family Residential District
(1) Side Setback (a)
A. Minimum of any one side	8 feet	8 feet
B. Total side setback	16 feet	16 feet
(2) Rear Setback (b)	25 ft.	25 ft.
(a) For lots of less than sixty (60) feet in width, each side setback shall be not less than one-eighth (1/8) of the width of the lot, but not less than five (5) feet, whichever is greater. (b) The required rear setback, when the parcel is adjacent to Lake Erie, shall be determined by averaging the rear setbacks of the nearest dwellings on either side of the lot, but shall not be less than 25 feet. For the purposes of this Section only, the "property line" along Lake Erie shall be the point where the natural shoreline intersects the ordinary high water elevation as determined by the Ohio Department of Natural Resources, Division of Geological Survey.

Figure I. - Corner Side Setback Criteria when

the Setback Map, City of Rocky River, May 12, 1975, is unclear:

(Ord. 71-12. Passed 3-25-13.)

1153.09 HEIGHT REQUIREMENTS.

All buildings and structures in any residential district shall comply with the following height regulations:

(a) The height of principal buildings and structures shall not exceed twenty-five (25) feet.

(b) The height of accessory buildings and structures shall not exceed ten (10) feet, except the height of detached garages shall not exceed twelve (12) feet at the highest point of the structure for a flat roof, and shall not exceed fifteen (15) feet at the highest point of the structure for any other roof that is not a flat roof, notwithstanding the height definition defined in Section 1123.02(b)(19) of this Code.

(c) Permitted height exceptions are set forth in Section 1181.01, Supplementary Height Regulations. (Ord. 87-17. Passed 12-17-18.)

1153.11 DESIGN GUIDELINES FOR ONE AND TWO FAMILY DWELLINGS.

The purpose of the following design guidelines is to further the goals of the City's Master Plan. These guidelines are meant to insure that development projects respect the existing built environment that was recognized and valued in the City's Master Plan.

The provisions of this Section shall apply to all residential development, except Cluster Development, within the R-1 and R-2 Districts. Any addition, remodeling, relocation, or construction requiring review by the Architectural Review Board shall adhere to the guidelines in this Section, where applicable. The Architectural Review Board may exempt applicants from these standards when the exterior building modifications are minor in nature, meaning the design modifications will have no discernable impact on neighboring properties, the public, the public right-of-way, or those intended to occupy or use the proposed development.

(a) Character of Dwellings. Principal dwellings are to be designed and located on the site and be of a scale to complement buildings in close proximity and enhance the character of the surrounding area by having features that are appropriate and compatible with existing buildings and structures. In making this determination, the following shall be considered:

(1) Building height, width, and general proportions;

(2) Architectural features, including patterns of windows and doors, roof pitch, balconies, porches, shutters, dormers, eaves and other decorative detail;

(3) Building materials.

(4) Explanation Of Terms. Certain terms and words shall be interpreted with regard to the following explanations:

A. Appropriateness. A proposal is judged to be appropriate when it respects the existing architectural style of a building or buildings and fits comfortably within its setting, neighborhood and overall community. This condition applies to landscaping and accessory structures, as well.

B. Compatibility. A design or a material selection is compatible when it does not strongly deviate from its parent building, or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of its parent building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibility occurs when an architectural design, landscape design or accessory building proposal is aesthetically harsh or overwhelming relative to its neighbors.

C. Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance.

D. Proximity. Proximity shall be considered in terms of the potential for one property, by virtue of its location, to materially affect other properties. In determining a property to be in proximity to another, the following factors shall be considered:

i. The visibility of both properties from a common point; or,

ii. The location of both properties within a relatively compact network of streets, walkways, or spaces.

(b) Façade Articulation. The articulation of facades and the massing of structures give them richness and scale. Long uninterrupted exterior walls should be avoided. All building walls should have relief to create interest and reduce bulk.

(c) Roof Articulation. For sloped roofs, both vertical and horizontal articulation is encouraged. Rooflines should be representative of the design and scale of surrounding dwellings. Roof articulation may be achieved by changes in plane and/or the use of traditional roof forms such as gables, hips, and dormers.

(d) Materials. Buildings should not have large expanses of a material on a single plane.

1153.13 PROJECTIONS INTO REQUIRED SETBACKS.

(a) A structural projection is a feature of a building that extends outside the enclosing walls as an integral and functional part of the plane, thus providing form and interest to the exterior design, and connections and protection to exterior spaces. Projections shall, however, be designed and constructed so as not to substantially interfere with the reception of sun, light, and air and the use of adjoining lots.

(b) Every part of a required yard shall be open to the sky and unobstructed except for accessory buildings, as set forth in Section 1153.15. Architectural features, such as chimneys, bay windows, cornices, and sills and hoods and shading devices may project from the principal building not more than two and one-half (2 ½) feet into any setback. Entrance platforms and other open shelters may project into the front or side setback for a distance of five (5) feet. Unroofed and unenclosed architectural features attached to the principal building, such as platforms, landings, steps, decks or other features, not extending above the first floor level of a dwelling, may extend into the rear setback, provided that such features shall not project more than ten (10) feet into such required setback.

(c) Roofed and shade structures such as porches, balconies, platforms, carports, patios, pergolas and similar architectural projections shall be considered a part of the principal building to which they are attached and shall not project into the minimum front, side, or rear setback.

(Ord. 71-12. Passed 3-25-13. Ord. 87-17. Passed 12-17-18.)

1153.15 ACCESSORY USES AND STRUCTURES.

Accessory uses, buildings, and structures permitted in residential districts shall conform to the location, coverage, area, and maintenance standards contained in this Section and Chapter 1181, General Use Regulations. No accessory building or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Development Code.

(a) Location Requirements for Accessory Uses. An accessory building or use permitted in a residential district shall be located as set forth in Schedule 1153.15. However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Development Code.

(b) Schedule 1153.15 Permitted Accessory Structures In Front, Side And Rear Yards:

Schedule 1153.15 Permitted Accessory Structures in Front, Side and Rear Yards
Use	Yard Permitted	Minimum Setback From Lot Line
Use	Yard Permitted	Front	Side	Rear
(1) Detached accessory buildings, including garages	Rear	NP	5 ft.	5 ft.
(2) Driveways	Front, corner side, side, rear	NA	3 ft.	3 ft.
(3) ATTACHED ARCHITECTURAL FEATURES	Rear	See also Section 1153.13
(4) Fences, walls	Front, corner side, side, rear	0 ft.	0 ft.	0 ft.
(5) Outdoor storage of recreation vehicle/equipment	Rear	See also Section 1153.15(m)
(6) Private Swimming Pools	Rear	NP	See also Section 1153.15(h)
(7) Play Structure, Pergola, Gazebo, PATIO FIREPLACE	Rear	NP	See also Section 1153.15(g)
(8) Boat House	Rear	NP	See also Section 1153.15(i)
Notes to Schedule 1153.15: NA Not Applicable. NP Not Permitted

(c) Accessory Buildings. An accessory storage building shall not exceed one hundred (120) square feet in gross floor area. No more than two (2) accessory buildings, only one (1) of which shall be an accessory storage building, shall be located on a single zoning lot. The maximum, gross floor area of all accessory buildings on a zoning lot, including detached garages, shall not exceed 600 square feet. Accessory building shall not contain habitable spaces.

(Ord. 71-12. Passed 3-25-13; Ord. 87-17. Passed 12-17-18.)

(d) Detached Garages. Detached garages shall be constructed with a masonry foundation or concrete beam at grade. The exterior materials of such detached garages shall be compatible in color and texture with the principal building. If at the discretion of the Zoning Administrator detached garages are reviewed by the Architectural Review Board, the Architectural Review Board may require landscape plantings along the side and rear property lines due to the proximity of structures on abutting lots. A garage attached by a porch or breezeway or other similar means of connecting one structure to another shall not, for the purposes of this Code, be considered to constitute a party wall or common wall.

(Ord. 86-22. Passed 2-13-23.)

(e) Non-conforming Accessory Buildings. Any non-conforming accessory building, including detached garages, lawfully existing prior to the adoption of this Development Code may be reconstructed or replaced with a new building at the same location as the existing accessory building, providing that any increase in the building area be located in the interior of the lot and away from the lot lines.

(f) Additional Regulations for Parking Areas. Accessory off-street parking spaces shall be provided in compliance with the parking requirements set forth in Chapter 1187, Off-Street Parking and Loading Regulations, which shall be located on the same lot as the dwelling served.

(g) Detached Decks, Patio Fireplaces, Play Structures, Gazebos, & Pergolas. A detached deck, patio fireplace, play structure, pergola, gazebo, or similar structure shall be considered a permitted accessory use and shall be subject to the following regulations:

(1) No detached deck or horizontal surface shall exceed three (3) feet in height. but The maximum height of all other structures shall be twelve (12) feet. All such structures shall be at least seven (7) feet from any property line;

(2) The part of a play structure that is under a roof shall not be greater than fifty (50) square feet in area. For the purposes of this sub-section, slides, swings and similar play equipment shall not be included in the calculation for total surface area; and,

(3) The total area of any built-in, horizontal surface that is an integral part of the structure (platform area including any covered area and any elevated platforms) shall not exceed two hundred fifty (250) square feet.

(h) Private Swimming Pools. A private swimming pool, not including farm ponds; retention basins; and lakes, shall be any pool or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half (1.5) feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet or with an area of less than 100 square feet, shall be allowed in any R-1 or R-2 District, except as an accessory use and unless it complies with the following conditions and requirements:

(1) Private swimming pools shall be located on the same zoning lot with the principle use to which it is an accessory use.

(2) The pool shall not be located, including any walks or paved areas or accessory structure adjacent thereto, closer than eight (8) feet to any property line of the zoning lot on which it is located.

(3) Every outdoor pool shall be enclosed by a fence forty- eight (48) inches in height around the perimeter of the pool, except the freestanding aboveground pools with sides greater than thirty-six (36) inches high from the ground on which its rests shall not require additional fencing, insofar as the side of such pool itself constitutes a barrier equal to a fence, and ladders and/or any means of access used to enter such pool shall be removed when not in use. One (1) or more gates shall be provided, and each is to be secured so as to prevent access by children. The location of the fence shall be at the discretion of the applicant, but must be at the approval of the Building Division. The fence shall be constructed of permanent and durable materials, and shall be fifty-percent (50%) or more open to light and air, which shall permit a person to see through into the swimming pool.

(4) A pool constructed of masonry type material shall be located and installed to conform to the natural grade as determined by the Building Division. No portion of the pool itself shall be higher than one (1) foot above such grade. All other pools, regardless of construction material, may not exceed five (5) feet above grade level.

(5) Every pool shall have a drainage device so that it can and will be drained into the City storm sewer.

(6) Whenever light is used to illuminate such pool, such lights shall be installed and shielded in such a manner as to direct light onto the pool only, and not to reflect light onto any abutting residential property. All wiring and electrical fixtures, accessories and appliances shall be installed under the National Electrical Code.

(7) The swimming pool shall comply with the locational and coverage requirements set forth in this Chapter.

(i) Boat House. Boat houses are permitted accessory structures, in compliance with the following:

(1) No part of the structure shall be higher than the average grade of the front yard or have a maximum height of fifteen (15) feet, whichever is lower;

(2) Such boat house shall not exceed 250 square feet of gross floor/water area, and shall be located adjacent to Lake Erie or the Rocky River.

(j) Fences, Walls, and Planting Screens. Fences shall comply with Schedule 1153.15 and shall be constructed, located, and maintained in conformance with the standards set forth below:

(1) Front Yard Fences. In the front yard of interior and corner lots, fences shall have a maximum height of thirty-six (36) inches. Only ornamental fences shall be permitted in the front yard, and the maximum length of any fence segment shall be thirty feet or the width of the front elevation of the house, whichever is less. Such fence segments shall be located no more than twelve (12) feet in front of the dwelling, and this distance shall be measured from the furthest projecting element on the front plane of the dwelling. A Zoning Certificate shall be required for a fence in the front yard, and such Certificate shall be approved by the Zoning Administrator. The Zoning Administrator may refer the application to the Architectural Review Board when, in his/her opinion, the appropriateness of the proposed fence should be judged by the Architectural Review Board.

(2) Side Yard Fences. In the side yard, the maximum fence height shall be five (5) feet, except for chain link fences which shall not exceed four (4) feet in height. Ornamental, board on board, and picket fences are the only types of fences permitted in the side yard, except synthetic covered chain link fences are permitted to abut existing chain link fences, and except as provided for in sub-section 1153.15(j)(7) below.

(3) Rear Yard Fences. Fences in the rear yard shall not exceed six (6) feet in height, except chain link fences which shall not exceed four (4) feet in height. Ornamental, board on board, picket fences, synthetic covered chain link fences, or similar fences that are twenty-five percent (25%) transparent regardless of the angle at which the transparency is viewed are the only types of fences permitted in the rear yard, except as provided for in sub-section 1153.15(j)(7) below. However, any portion of the fence over five (5) feet in height shall be constructed of materials that are fifty percent (50%) transparent when viewed perpendicular to the fence. The openings of the fence that provide the transparency shall be evenly spaced throughout the vertical surface.

(4) Fences on a Corner Lot Within the Required Corner Side Setback. For lots located on a corner, fences may be located in the required corner side setback provided such fences are located behind the front wall of the principal building and setback five (5) feet from the corner side lot line. Only ornamental fences shall be permitted within the corner side yard to a maximum height of forty-two inches. A Zoning Certificate shall be required for a fence in the corner side yard, and such Certificate shall be approved by the Zoning Administrator. The Architectural Review Board is authorized to grant an exception to this sub-section. The Architectural Review Board may grant a complete exception from this standard, or it may modify the standard in view of the peculiarities of the site. The Architectural Review Board may also impose reasonable conditions, such as the planting of landscaping, when approving such an exception. In evaluating a request for an exception, the Review Boards shall consider:

A. The proposed opacity of the fence;

B. The proposed height,

C. The location of the propose fence; and,

D. Any impacts on adjacent property or the public right-of-way.

(5) Fences that are painted shall be one color. Fences and walls shall be maintained in good repair and condition, be structurally sound, and attractively finished at all times by the owner and/or occupant of the lot on which they are located. The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the yard that is fenced;

(6) Barbed wire, and electrified fences are prohibited. Acceptable fencing materials include stone, brick, finished wood, iron, metal, or synthetic look-alike products;

(7) Privacy Fences. Basket weave, woven, louver, ventilating, stockade, palisade fences, and other fences whose vertical surface is less than twenty-five percent (25%) open to light and air shall comply with the following:

A. Height & Location. Such fences shall have a height not to exceed six (6) feet provided that the fence shall not enclose more than two (2) sides of an area and shall not be located within the front or side setback established for the principal building nor within the rear setback established for an accessory building, except as provided for in sub-sections 1153.15 (j) (7) B. - D. below.

B. Privacy Fences on Rear Yards Adjacent to and Abutting Route I-90. On lot lines contiguous with the easement or right-of-way of I-90, privacy fences whose vertical surface is less than twenty-five percent (25%) open to light and air shall be permitted to a height not to exceed eight (8) feet

C. Privacy Fence on Rear and Side Yards Adjacent to and Abutting the Norfolk Southern Railroad Tracks. On lot lines contiguous with the easement or right-of-way of the Norfolk Southern railroad tracks through the City, privacy fences whose vertical surface is less than twenty-five percent (25%) open to light and air shall be permitted to a height not to exceed eight (8) feet; provided, however, that should such contiguous lot line be a side lot line, such privacy fence may not extend on such lot line beyond any front setback line which may exist as the regulations thereon are contained in these Codified Ordinances.

D. Privacy Fence Adjacent to Other Districts. Privacy fences shall be permitted to a height of (6) feet along the side and rear lot lines of lots in the R-1 District which abut a zoning district other than R-1, provided that such privacy fences shall not extend closer to any public right-of-way than the front wall of the main building.

(k) Air Conditioning, Generators and Heat Pumps. Air conditioner condensers, generators and heat pumps shall comply with the following:

(1) Outdoor condensers and heat pumps may be located in either the rear yard or the side yard, but shall not be located less than ten (10) feet from the side lot line. No more than two (2) such units may be located in the side yard. Such units shall be baffled so as not to exceed the noise level of seventy (70) decibels measured from the lot line, and screened with evergreen plant material so that within two (2) years the equipment is adequately screened from view.

(2) Permanently installed generators may also be located in either the rear yard or the side yard, but not less than ten (10) feet from the side lot line and shall be baffled and screened according to the provisions in subsection (k)(1) above. Generators shall only be used as an emergency and temporary source of electrical power, and exclusively fueled by natural gas.

(l) Additional Regulations for Vehicles.

(1) The repainting, rebuilding, overhauling, or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited on a residential lot.

(2) The overnight parking or the outdoor storage of commercial motor vehicles and commercial trailers is prohibited.

(3) The parking or storing of vehicles shall not be permitted in the established lawn areas of residential lots.

(4) Accessory off-street parking spaces located in the front yard shall adjoin the driveway between the driveway and the nearest side lot line, provided parking spaces shall not be located directly in front of the dwelling.

A. Parking areas, including driveways, for single family detached and two family dwellings shall be located not less than three (3) feet from adjoining property lines as provided in Section 1111.09(c)

B. An accessory parking space meeting the standards above shall be no wider than eight (8) feet and no longer than eighteen (18) feet long with a return to the driveway within thirty (30) feet measured from the front of the garage. Accessory parking spaces are prohibited in cases of the setback being thirty five (35) feet or less or where a three (3) car garage is proposed or exists. Refer to drawing 1153.15(l)(4)D. for clarity.

C. Accessory parking spaces in R-1 & R-2 districts will be screened between the property line and parking spaces with evergreen plant material in a manner that so that within four (4) years the vehicle is completely obscured from view.

D. Driveways shall not be less than eight (8) feet or greater than twenty (20) feet in width in R-1 and R-2 Districts except where a three (3)-car garage exists or is proposed the driveway shall not exceed thirty (32) feet in width. Where the building setback is 35' or less a full width driveway is permitted in order to service two (2) and three (3) car garages. In R-1 and R-2 Districts, only one curb cut shall be permitted for any lot, except that two curb cuts shall be permitted for any lot that meets all of the following conditions:

1. The lot width is ninety (90) feet or wider; and,

2. The front setback for the lot is at least fifty (50) feet or greater; and,

3. The proposed turn-around driveway and associated durable edging shall be no greater than twelve (12) feet in total width and,

4. For corner lots, both curb cuts are to be located on the same street.

(m) Outdoor Storage of Recreation Equipment. In R-1 and R-2 Districts, the outside storage and parking of recreational equipment shall be permitted as an accessory use subject to the following conditions and limitations.

(1) An application for a Zoning Certificate for such an accessory use shall be filed with the Zoning Administrator and notice thereof shall be posted as provided for in sub-section 1129.05 (d), Notification. Unless otherwise provided in this Code, a one-time fee, as established by the City's Fee Schedule/Ordinance which can be obtained from the Zoning Administrator, shall be charged for such Zoning Certificate. Any change in the recreational equipment involved shall terminate the Certificate and a new application must thereafter be filed and processed.

(2) The recreational equipment must be owned or leased by the occupant of the premises.

(3) The parking space involved must be located in the rear yard and must be adequately screened to the satisfaction of the Architectural Review Board. Such screening may consist of evergreens, fencing and other material approved by the Architectural Review Board. In determining the adequacy of the screening, the Architectural Review Board shall consider the size of the recreational equipment involved, the size of the subject lot, the proximity of the buildings on adjacent properties, existing landscaping or screening on the subject and/or adjacent properties, and other relevant factors.

(4) Under no circumstances shall any recreational equipment have fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall such equipment be used at any time for living, storage, or housekeeping purposes.

(5) The area involved in the outside storage and parking of recreational equipment as a permitted accessory use shall be included in the computation of the maximum lot coverage.

(6) Temporary outside parking of such recreational equipment shall be permitted in the front yard and/or side yard for a period not to exceed a total of seventy-two (72) hours in a consecutive twenty-one (21) day period.

(n) Outdoor Storage. Outdoor storage is prohibited, except as provided for in this Chapter.

(Ord. 71-12. Passed 3-25-13. Ord. 87-17. Passed 12-17-18; Ord. 71-21. Passed 6-13-22.)

1153.17 PLAN REVIEW.

All uses in the R-1 and R-2 Districts, except those uses specifically excluded in sub-section 1127.03 (b), Exceptions, shall be permitted only after development plans have been reviewed and approved by the Planning Commission according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

1155.01 INTENT.

The Single-family Attached District (R-3) and its regulations are established in order to achieve, among others, the following purposes:

(a) To regulate the density and distribution of the population to avoid congestion and maintain adequate services;

(b) To promote the most desirable and beneficial use of the residential land in accordance with the Plan of the City;

(c) To regulate the bulk and location of dwellings in relation to the land, in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;

(d) To enable the development of attached single-family dwelling units in appropriate locations adequately served by City utilities and streets and arranged to provide sound building site design; and,

(e) To permit single-family attached dwellings in areas where they are or may be appropriately intermingled with other compatible types of housing.

1155.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1155.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1155.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, according to the procedures set forth in Chapter 1131, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1155.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(f) Schedule 1155.03 Permitted Uses.

Schedule 1155.03 Permitted Uses
	R-3 Single-family Attached District
(1) Residential/Lodging
A. Single-family dwelling, detached (a)	P
B. Single-family attached dwellings	P
C. Single-family detached grouped dwellings	P
D. Two-family dwelling (a)	P
E. Family day care home for 1-6 children (Type B)	P
F. Family day care home for 7-12 children (Type A)	C
(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Adult care facility for 6-16 persons (Adult group home)	C
C. Residential facility for 5 or fewer persons (Foster family home)	P

D. Residential facility for 6-8 persons (Family home)	P
E. Residential facility for 9-16 persons (Group home)	C
(3) Other
A. Wireless telecommunication facility	See Chapter 1191
(4) Accessory Uses
A. Detached accessory buildings, including garages (b)	A
B. Fences, walls (b)	A
C. Home occupation (c)	A
D. Off-street Parking	A
E. Other accessory structures (b)	A
F. Private swimming pools (e)	A
G. Signs (d)	A
Notes to Schedule 1155.03: (a) Single-family detached and two-family regulations, on individual lots, shall comply with the applicable regulations in the R-2, Two-Family Residential District. (b) See Section 1155.13 , Accessory Use Regulations. (c) As further regulated by Chapter 1181, General Use Regulations. (d) As further regulated by Chapter 1193, Sign Regulations. (e) As further regulated by Section 1155.13 , Accessory Use Regulations P = Use Permitted by right C = Conditional Use A = Accessory Use Blank cell = Use not permitted in district

1155.05 LOT REGULATIONS.

Land area shall be divided and developed, and buildings shall be erected, altered, moved or maintained in the Single-family Attached District only in compliance with the following regulations.

(a) Minimum Lot Area Per Dwelling Unit. The gross area of a tract of land shall not be less than the minimum lot area per unit as set forth in the Schedule 1155.05, except as otherwise regulated in Chapter 1183, Conditional Use Regulations. The entire tract of land to be developed shall be considered one zoning lot.

(b) Minimum Lot Width. The width of the zoning lot for the project shall not be less than the dimensions set forth in Schedule 1155.05, except as otherwise regulated in Chapter 1183, Conditional Use Regulations. In a development containing single-family attached dwellings and single-family detached grouped dwellings, buildings may be arranged in a group and all buildings need not front on a public street.

(c) Maximum Lot Coverage. The maximum coverage of the lot, for all areas covered by buildings and impervious surfaces, shall not exceed the percentage of the total area of the development project set forth in Schedule 1155.05, except as otherwise regulated in this Development Code.

(d) Schedule 1155.05 Lot Regulations.

Schedule 1155.05 Lot Regulations
	R-3 Single-family Attached District
(1) Minimum Lot Width	100 feet
(2) Minimum Lot Area per Dwelling Unit:	4500 square feet
(3) Maximum lot coverage:
A. By buildings	30%
B. By All Impervious Surfaces	50%

1155.07 SETBACK AND FLOOR AREA REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as forth in Schedule 1155.07 , except as otherwise regulated in Chapter 1183 , Conditional Use Regulations, for conditional uses. The area within any setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(b) Building Setback from Project Boundary. The setback of a dwelling or a principal building from any project boundary shall be not less than the distance set forth in Schedule 1155.07 . The project boundary shall include all lot lines that divide the tract of land developed from adjacent lots not included in the development.

(c) Front Setback on Built-up Block Faces. The minimum front setback depth for new building may be the average depth, plus or minus five (5) feet, of the front setbacks of existing dwellings or buildings located within 100 feet on either side of a given lot, provided however, the depth of the front setback resulting there from shall not be less than one-half the distance set forth in Schedule 1155.07. The Planning Commission shall approve this alteration when such alteration conforms to the desired character of the district as found in the City's Master Plan or the proposed setback creates or reinforces the desired character. When evaluating the proposed placement of such street wall the following shall be considered:

(1) Building Orientation

(2) Building Placement

(3) Sloping Conditions

(4) Materials

(5) Entrances

(6) Roof Lines

(d) Building Spacing. The minimum distance separating buildings shall be not less than the distance set forth in Schedule 1155.07.

(e) Schedule 1155.07 Minimum Building Setbacks.

Schedule 1155.07 Minimum Building Setbacks and Spacing
	R-3 Single-family Attached District
(1) Minimum Setback from Street Right-of- Way	25 feet (a)
(2) Minimum Building Setback from:
A. Project boundary lines abutting an R-1, R-2 District	20 feet
B. Project boundary line abutting all other districts	10 feet
(3) Minimum Building Separation
A. Main wall to main wall	40 feet (b)
B. Main wall to end wall	25 feet
C. End wall to end wall	15 feet
(a) Except as provided for in sub-section 1155.07 (c) Front Setback on Built-up Block Faces (b) The Planning Commission may permit a reduction in this spacing requirement to a minimum separation of 25 feet when it determines that adequate privacy is provided through the use of landscaping, architectural features, or other similar means of insuring privacy.

(f) Definitions. The following definitions shall apply to terms used in this Section:

(1) Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.

(2) End Wall. The outside walls other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.

(g) Gross Floor Area of Dwelling Units. The gross floor area for each Single-family attached dwelling shall not be less than 1,400 square feet.

1155.09 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

(a) The maximum height for principal buildings or structures in this District shall not exceed thirty-six (36) feet provided that the building height shall not exceed thirty (30) feet when the building is within fifty (50) feet of an R-1 or R-2 zoning district boundary line.

(b) The maximum height of accessory building or structures shall not exceed fifteen (15) feet.

1155.11 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall conform to the regulations of Chapter 1187 and to the parking requirements set forth below:

(a) Schedule 1155.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted. The area within the parking setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1155.11 Minimum Parking Setbacks
	R-3 Single-Family Attached District
(1) Minimum Setback from Street ROW	10 feet
(2) Setback from Side and Rear Lot lines	10 feet

(b) The area within the parking setback shall be landscaped in accordance with Chapter 1185, Landscaping and Screening Regulations.

(c) Off-street parking spaces shall be provided in compliance with Chapter 1187, Off-Street Parking and Loading Regulations.

1155.13 ACCESSORY USE REGULATIONS.

(a) Fence and Wall Regulations. Fences and walls shall comply with the requirements for fences and walls set forth in Section 1153.15 .

(b) Swimming Pools. Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and coverage requirements set forth in this Chapter and the supplemental regulations set forth in Section 1153.15 (h), Private Swimming Pools.

(c) Minimum Setbacks for Accessory Buildings and Uses. Accessory buildings including garages, carports and recreation facilities, and active recreation areas such as a swimming pool or tennis court which is intended for use by the residents of the residential development shall comply with the minimum setbacks set forth below:

(1) The minimum setback from the public right-of-way for such accessory buildings and uses shall be equal to the setback of the principal building.

(2) The minimum setback from a side or rear lot line abutting a multi-family or non-residential district shall be ten (10) feet.

(3) The minimum setback from the side or rear lot line abutting an R-1 or R-2 district shall be twenty (20) feet.

(d) Driveways and access drives shall be setback three (3) feet from side property lines, unless a shared driveway is provided. Driveways may be adjacent to the lot line if a common driveway is provided for two adjoining lots, subject to the provision of a recorded legal instrument which guarantees access to the drive and which assigns responsibility for maintenance of the drive. Cross-access easements or other acceptable agreements for adjacent lots with shared driveways shall be submitted and be acceptable to the City's Law Department and the Planning Commission to insure availability of shared parking to users.

If a boundary of the single-family attached development abuts a single-family zoning district, the driveway or access drive shall be setback ten (10) feet from side lot lines.

1155.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in non-residential districts in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1155.17 DESIGN GUIDELINES FOR SINGLE-FAMILY ATTACHED DWELLINGS.

(a) Applicability of Regulations. In addition to the development standards set forth in this Chapter, the guidelines set forth in this Section shall apply to the exterior appearance and design of all new construction.

(b) Exceptions. The Design and Construction Board of Review or the Planning Commission, as applicable, is authorized to grant an exception to the guidelines contained in this Section if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot, or due to the location or design of existing structures, mature trees, or other features, the application of the guidelines would be unreasonable.

(1) In determining whether to grant an exception, the Design and Construction Board of Review or the Planning Commission shall consider:

A. The Master Plan;

B. The purposes of the Zoning District;

C. The intent of the guideline from which the exception is requested; and,

D. Whether the intent of the guideline may be met by an alternate means.

(2) The Design and Construction Board of Review or the Planning Commission, as applicable, may grant a complete exception from the, guideline or it may modify the guideline in view of the peculiarities of the site. Any modification of the guideline shall be considered an "exception." An exception shall be granted or denied in writing.

(3) The applicant must obtain development plan approval incorporating the exception within one (1) year of the grant, or the exception will expire.

(4) Any person aggrieved by the grant or denial of an exception may appeal the decision to the Board of Zoning Appeals by filing a written notice of appeal, stating the reasons therefore, with the Zoning Administrator, within ten (10) days of the grant or denial of the exception.

(1) To break up the mass of attached units, the front setbacks for adjacent units should vary a minimum of two (2) feet, or different building materials, architectural designs/treatments, or rooflines should be utilized.

(2) If the development is located within an established residential neighborhood, the newly constructed units shall be compatible with the surrounding residential properties in terms of height, bulk, building materials, window shape and arrangement, and roof pitch.

(3) Front setbacks for adjacent units should vary a minimum of 2 feet.

(4) The principal orientation of the attached single-family units shall be the public street on which the lot has frontage, if applicable. There shall be at least one entrance, of each unit, facing such public street, and the principal windows of the attached single-family units shall also face this street.

(5) Vehicular entrances to the attached single-family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood.

(6) All accessory structures shall be located behind the rear building line of the attached single-family dwellings.

(7) A subdivision plat shall be submitted with the development plan, where individual attached units are to be constructed on individual lots. The subdivision plat shall meet the standards of the Subdivision Regulations.

(8) Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

1155.19 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) General Storage Space. In addition to the floor area requirements as set forth in Section 1155.07 (g), at least ninety (90) square feet of general storage space shall be provided for each single-family attached dwelling unit not less than seven (7) feet high.

(b) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1155.11 and shall be screened in accordance with the provisions set forth in Chapter 1185 , Landscaping & Screening Regulations.

(c) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1181, General Use Regulations.

(d) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(e) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

(f) Emission. No land use or structure shall be used or occupied in any manner to create dangerous or objectionable noise or emissions. All uses shall comply with the Performance Standards in Chapter 1181 , General Use Regulations.

(g) Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.

(h) Additional Regulations for Vehicles.

(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited.

(2) The overnight parking or the outdoor storage of commercial motor vehicles over one (1) ton rate capacity is prohibited.

(3) The parking or storing of vehicles shall not be permitted in established lawn areas.

1155.21 DEVELOPMENT PLAN REVIEW.

All uses in the Single-family Attached District, except single-family detached and two-family dwellings, shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127 , Development Plan Review Procedures.

1157.01 INTENT.

The Multi-family Districts (R-4, R-5, R-6) and their regulations are established in order to achieve, among others, the following purposes:

(a) To regulate the density and distribution of the population to avoid congestion and maintain adequate services;

(b) To promote the most desirable and beneficial use of the residential land in accordance with the Plan of the City;

(c) To regulate the bulk and location of dwellings in relation to the land, in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district; and,

(d) To enable the development of attached single-family and multi-family dwellings in appropriate locations.

1157.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1157.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1157.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, according to the procedures set forth in Chapter 1131, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1157.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(f) Schedule 1157.03 Permitted Uses.

Schedule 1157.03 Permitted Uses
	R-4 Multi- family	R-5 Multi- family	R-6 Multi- family
(1) Residential/Lodging
A. Single-family dwelling, detached (a)	P	P	P
B. Single-family attached dwellings (f)	P	P	P
C. Single-family detached grouped dwelling	P	P	P
D. Two-family dwelling (a)	P	P	P
E. Multi-family dwelling	P	P	P
F. Family day care home for 1-6 children (Type B)	P	P	P
G. Family day care home for 7-12 children (Type A)	C	C	C
(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P	P	P
B. Adult care facility for 6-16 persons (Adult group home)	C	C	C
C. Residential facility for 5 or fewer persons (Foster family home)	P	P	P
D. Residential facility for 6-8 persons (Family home)	P	P	P
E. Residential facility for 9-16 persons (Group home)	C	C	C
(3) Community Facilities/Other
A. Congregate care facility	C	P	P
B. Nursing home	C	P	P
C. Congregate care facility/Golden age center	C	P	P
D. Wireless telecommunication facility	See Chapter 1191
(4) Accessory Uses (b)
A. Detached accessory buildings, including garages	A	A	A
B. Fences, walls	A	A	A
C. Home occupation (c)	A	A	A
D. Off-street Parking	A	A	A
E. Other accessory structures	A	A	A
F. Parking structure	C	C
G. Private swimming pools (c)	A	A	A
H. Signs (d)	A	A	A
Notes to Schedule 1157.03: (a) Single-family detached and two-family regulations, on individual lots, shall comply with the applicable regulations in the R-2, Two-Family Residential District. (b) See Section 1157.13, Accessory Use Regulations. (c) As further regulated by Chapter 1181, General Use Regulations. (d) As further regulated by Chapter 1193, Sign Regulations. (e) As further regulated by Section 1153.15(h), Private Swimming Pools (f) Single-family attached dwellings shall comply with the applicable regulations in the R-3, Single-family Attached District. P = Use Permitted by right C = Conditional Use A = Accessory Use Blank cell = Use not permitted in district

1157.05 LOT REGULATIONS.

Land area shall be divided and developed, and buildings shall be erected, altered, moved or maintained in multi-family district only in compliance with the following area regulations.

(a) Minimum Lot Width. The width of a lot shall not be less than the dimensions set forth in Schedule 1157.05 , except as otherwise regulated in Chapter 1183 , Conditional Use Regulations. In a multi-family development, buildings may be arranged in a group and all buildings need not front on a public street.

(b) Maximum Lot Coverage. The maximum coverage of the lot, for all areas covered by buildings and impervious surfaces, shall not exceed the percentage of the total area of the development project set forth in Schedule 1157.05, except as otherwise regulated in this Development Code.

Schedule 1157.05 Lot Regulations
	R-4 Multi-family District	R-5 Multi-family District	R-6 Multi-family District
(1) Minimum Lot Width	100 feet	150 feet	250 feet
(2) Maximum lot coverage:
A. By buildings	40%	40%	25%
B. By All Impervious Surfaces	75%	75%	60%

1157.07 SETBACK AND FLOOR AREA REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as forth in Schedule 1157.07 , except as otherwise regulated in Chapter 1183 , Conditional Use Regulations, for conditional uses. The area within any setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(b) Building Setback from Project Boundary. The setback of a dwelling from any project boundary shall be not less than the distance set forth in Schedule 1157.07 . The project boundary shall include all lot lines that divide the tract of land developed for multi-family units from adjacent lots not included in the development.

(c) Building Spacing. The minimum distance separating buildings shall be not less than the distance set forth in Schedule 1157.07 .

(d) Schedule 1157.07 Minimum Building Setbacks.

Schedule 1157.07 Minimum Building Setbacks and Spacing
	R-4 Multi- family District	R-5 Multi- family District	R-6 Multi- family District
(1) Minimum Setback from Street Right-of-Way	25	25	40 feet
(2) Minimum Building Setback from:
A. Project boundary lines abutting an R-1, R-2 District	30 feet	30 feet	30 feet
B. Project boundary line abutting all other districts	20 feet	20 feet	20 feet
(3) Minimum Building Separation(a)
A. Main wall to main wall	40 feet	40 feet	40 feet
B. Main wall to end wall	25 feet	25 feet	40 feet
C. End wall to end wall	15 feet	15 feet	25 feet
(a) The Planning Commission may permit a reduction in these spacing requirements when it determines that adequate privacy is provided through the use of landscaping, architectural features, or other similar means of insuring privacy.

(e) Definitions. The following definitions shall apply to terms used in this Section:

(1) Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.

(2) End Wall. The outside walls other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.

(f) Gross Floor Area of Dwelling Units. The gross floor area for each multi-family dwelling unit in the R-4, R-5, and R-6 Districts shall not be less than that set forth in Schedule 1157.07 (f).

Schedule 1157.07(f) Gross Floor Area Requirements for Dwellings
	Minimum Gross Floor Area
(1) Multi-family Dwellings
A. One bedroom	750 sq. ft.
B. Each additional bedroom	150 sq. ft.

(g) Projections into Required Setbacks. Projections into required setbacks shall comply with the regulation in Section 1153.13.

1157.09 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

(a) The maximum height for principal buildings or structures in the Multi-family Districts shall not exceed:

(1) R-4 -36 feet

(2) R-5 - 50 feet

(3) R-6 - 100 feet

(b) The maximum height of accessory building or structures shall not exceed fifteen (15) feet.

1157.11 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall conform to the regulations of Chapter 1187 and to the parking requirements set forth below:

(a) Schedule 1157.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted. The area within the parking setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1157.11 Minimum Parking Setbacks
	Multi-family Districts
(1) Minimum Setback from Street ROW	10 feet
(2) Setback from Side and Rear Lot Lines	10 feet

(b) The area within the parking setback shall be landscaped in accordance with Chapter 1185, Landscaping and Screening Regulations.

(c) Off-street parking spaces shall be provided in compliance with Chapter 1187, Off-Street Parking and Loading Regulations.

1157.13 ACCESSORY USE REGULATIONS.

Any accessory use permitted in an R-4, R-5, and R-6 District may occupy a part of the principal building, occupy a separate accessory structure or constitute an accessory land use. Accessory uses or structures shall comply with the following:

(a) Fence and Wall Regulations. Fences and walls shall comply with the requirements for fences and walls set forth in Section 1153.15 .

(1) The minimum setback from the public right-of-way for such accessory buildings and uses shall be equal to the setback of the principal building.

(2) The minimum setback from a side or rear lot line abutting another multi-family or non-residential district shall be ten (10) feet.

(3) The minimum setback from the side or rear lot line abutting an R-1 or R-2 district shall be twenty (20) feet.

If a boundary of the multi-family development abuts a single-family zoning district, the driveway or access drive shall be setback ten (10) feet from side lot lines.

(e) Regulations for Loading and Service Areas.

(1) Loading and service areas shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent single-family detached and two-family residential uses.

(2) Loading and service areas shall comply with the applicable parking setback requirements set forth in Schedule 1157.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1157.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in non-residential districts in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1157.17 REQUIRED DESIGN STANDARDS.

(a) Sidewalks. Sidewalks shall connect each building entrance to the parking area serving that building, to other buildings on-site, to recreational facilities that are provided as part of the development and uses, as appropriate, on adjacent lots and to any public sidewalk.

(b) Building Location. To provide a sense of enclosure and definition to an existing public street, the front wall of the principal structure(s) shall be parallel to such existing public street(s) or to its tangent, if the street is curved. There shall be at least one (1) entrance facing such public street and the principal windows of the building(s) shall also face this public street. The Architectural Review Board may grant an exception to this standard where necessary due to the shallow depth of the parcel, the shape of the parcel, the location of mature trees or other significant environmental features, the location of historical buildings/structures, the proximity of residential uses, or other similar circumstances.

(c) Contextual Building Separations. To create contextually appropriate separations between buildings, principal buildings should be placed on the site to mirror the existing building separations or those found on the nearest block face in the surrounding neighborhood. These separations maybe accomplished by the space between buildings; architectural features, such as columns or pilasters; varying the front setback of connected buildings; creating a courtyard that breaks up the mass of the principal building; and/or altering the roofline of connected buildings.

(d) Character. For all newly constructed principal buildings, the design, scale, and building materials shall be residential in character and reflect the character desired by the City's Master Plan for the area surrounding the proposed development.

(e) Screening Mechanical Equipment. All ground mounted mechanical equipment shall be screened as set forth in sub-section 1185.13 , Screening of Accessory Uses. All roof top equipment shall be enclosed in building materials that match the structure or which are visually compatible with the structure.

1157.19 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) General Storage Space. In addition to the floor area requirements as set forth in Section 1157.07 (f), at least ninety (90) square feet of general storage space shall be provided for each single-family attached dwelling unit and each multi-family dwelling, not less than seven (7) feet high.

(b) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1157.11 and shall be screened in accordance with the provisions set forth in Chapter 1185 , Landscaping & Screening Regulations.

(c) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1181 , General Use Regulations.

(d) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(e) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

(h) Additional Regulations for Vehicles.

(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited.

(2) The overnight parking or the outdoor storage of commercial motor vehicles is prohibited.

(3) The parking or storing of vehicles shall not be permitted in established lawn areas.

1157.21 DEVELOPMENT PLAN REVIEW.

All uses in the Multi-family Districts, except single-family detached and two-family dwellings, shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

1159.01 INTENT.

A Golden-Age (R-7) District and regulations therefore is established in order to achieve, among others, the following purposes:

(a) To provide appropriate developments of dwelling facilities for persons 55 years of age or older in locations convenient to related community facilities;

(b) To provide in such developments health, dining and recreational facilities for the comfort and convenience of the occupants;

(d) To regulate the bulk, height and spacing of buildings within the development in order to obtain proper light, air, privacy and open space for passive recreation and landscaped amenities; and,

(e) To protect adjacent residential properties by requiring adequate setbacks and screening.

1159.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1159.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1159.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, according to the procedures set forth in Chapter 1131, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1159.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(e) Use Not Listed in Schedule. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1135 or upon a finding that a use is substantially similar as provided in Section 1127.39 .

(f) Schedule 1159.03 Permitted Uses.

Schedule 1159.03 Permitted Uses
	R-7 Golden Age (e)
(1) Residential/Lodging
A. Single-family dwelling, detached (a)	P
B. Single-family dwelling, attached (d)	P
C. Two-family dwelling (a)	P
D. Single-family detached grouped dwellings	P
E. Multi-family dwelling	P
(2) Community Facilities/Other
A. Congregate care facility/Golden age center	P
B. Nursing hone	P
(3) Accessory Uses
A. Detached accessory buildings, including garages (b)	A
B. Dining facilities	A
C. Fences, walls (b)	A
D. Off-street Parking	A
E. Other accessory structures	A
F. Recreational facilities	A
G. Signs (c)	A
Notes to Schedule 1159.03: (a) Single-family detached and two-family regulations, on individual lots, shall comply with the applicable regulations in the R-2, Two-Family Residential District. (b) See Section 1159.13, Accessory Use Regulations. (c) As further regulated by Chapter 1193, Sign Regulations. (d) Single-family attached dwellings shall comply with the applicable regulations in the R-3, Single-family Attached District. (e) All uses, principal or accessory, are restricted primarily to occupants, at least one of which is 55 years old or older, and/or employees. P = Use Permitted by right C = Conditional Use A = Accessory Use Blank cell = Use not permitted in district

1159.05 LOT REGULATIONS.

Except as provided for in Schedule 1159.03, land area shall be divided and developed, and buildings shall be erected, altered, moved or maintained in Golden-age District only in compliance with the following regulations.

(a) Minimum Project Area. The minimum project area shall not be less than as set forth in Schedule 1159.05, except as otherwise regulated in Chapter 1183, Conditional Use Regulations.

(b) Minimum Lot Area Per Dwelling Unit. The gross area of a tract of land shall not be less than the minimum lot area per unit as set forth in the Schedule 1159.05, except as otherwise regulated in Chapter 1183, Conditional Use Regulations. The entire tract of land to be developed shall be considered one zoning lot.

(c) Minimum Lot Frontage. Each lot shall abut upon a public street for a distance not less than as set forth in Schedule 1159.05. In a golden-age development, buildings may be arranged in a group and all buildings need not front on a street.

(d) Maximum Lot Coverage by Buildings. The maximum coverage of the lot, for all areas covered by principal and accessory buildings, shall not exceed the percentage of the total area of the development project set forth in Schedule 1159.05, except as otherwise regulated in this Development Code.

(e) Schedule 1159.05 Lot Regulations.

Schedule 1159.05 Lot Regulations
	R-7 Golden Age District
(1) Minimum Project Area	2 acres
(2) Minimum Lot Frontage	250 feet
(3) Minimum Lot Area per Dwelling Unit	2200 sq. feet
(4) Maximum Lot Coverage by Buildings	20%

1159.07 SETBACK, SPACING AND FLOOR AREA REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as forth in Schedule 1159.07, except as otherwise regulated in Chapter 1183 , Conditional Use Regulations, for conditional uses. The area within any setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(b) Building Setback from Project Boundary. The setback of a dwelling or principal building from any project boundary shall be not less than the distance set forth in Schedule 1159.07 . The project boundary shall include all lot lines that divide the tract of land developed for golden-age development from adjacent lots not included in the development.

(c) Building Spacing. The spacing of multi-family buildings shall be related to the plan of the dwelling units within the buildings as well as the yards and setbacks. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, and from streets, parking areas and recreation areas. To accomplish such purposes and objectives, the criteria for Minimum Building Separation in Schedule 1159.07 shall be applied.

(d) Schedule 1159.07 Minimum Building Setbacks and Suggested Spacing.

Schedule 1159.07 Minimum Building Setbacks and Suggested Spacing
	R-7 Golden-age District
(1) Minimum Setback from Street Right-of-Way	40 feet
(2) Minimum Building Setback from:
A. Project boundary lines abutting an R-1, R-2 District	30 feet
B. Project boundary line abutting all other districts	20 feet
(3) Minimum Building Separation
A. Main wall to main wall	40 feet
B. Main wall to end wall	25 feet
C. End wall to end wall	15 feet

(e) Definitions. The following definitions shall apply to terms used in this Section:

(1) Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.

(2) End Wall. The outside walls other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.

(f) Gross Floor Area of Dwelling Units. The gross floor area for each dwelling unit in the Golden-age District shall not be less than that set forth in Schedule 1159.07 (f).

Schedule 1159.07(f) Gross Floor Area Requirements
	Minimum Gross Floor Area (a)
(1) Gross Floor Area Requirements for Dwellings
A. Studio efficiency	400 sq. ft.
B. One bedroom	600 sq. ft.
C. Two bedroom	750 sq. ft.
(a) These minimum gross floor area requirements shall not apply to units in a congregate care facility.

1159.09 HEIGHT REQUIREMENTS.

The maximum height for principal and accessory buildings or structures in the Golden-age District shall not exceed five (5) stories or fifty (50) feet.

1159.11 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall conform to the regulations of Chapter 1187 and to the parking requirements set forth below:

(a) Schedule 1159.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted. The area within the parking setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1159.11 Minimum Parking Setbacks
	R-7 Golden-age Districts
(1) Minimum Setback from Street ROW	10 feet
(2) Setback from Side and Rear Lot line abutting non-residential dist.	10 feet
(3) Setback from Side and Rear Lot line abutting R-1 & R-2 Districts	10 feet

(b) The area within the parking setback shall be landscaped in accordance with Chapter 1185, Landscaping and Screening Regulations.

(c) Off-street parking spaces shall be provided in compliance with Chapter 1187, Off-Street Parking and Loading Regulations.

1159.13 ACCESSORY USE REGULATIONS.

(a) Fence and Wall Regulations. Fences and walls shall comply with the requirements for fences and walls set forth in Section 1153.15 .

(1) The minimum setback from the public right-of-way for such accessory buildings and uses shall be equal to the setback of the principal building.

(2) The minimum setback from a side or rear lot line abutting a multi-family or non-residential district shall be ten (10) feet.

(3) The minimum setback from the side or rear lot line abutting an R-1 or R-2 district shall be twenty (20) feet.

If a boundary of the multi-family development abuts a single-family zoning district, the driveway or access drive shall be setback ten (10) feet from side lot lines.

1159.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in non-residential districts in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1159.17 SITE PLANNING CRITERIA.

A project for this age group should be designed specially for this purpose, incorporating necessary safety and convenience features. The yards and passive recreation areas should be extensive in quantity and fully landscaped. There should be a composition of small, intimate, private yard and court areas for a variety of passive activities.

Safety must be emphasized. Vehicular circulation drives shall be only at the perimeter of the project. Parking areas may penetrate into the perimeter of the site. The interior of the site shall be assigned completely to pedestrian use. Abrupt grades shall be avoided, all changes in grades in the walk system shall be accomplished by ramps; there shall not be more than two (2) exterior steps to any buildings used by the occupants. All buildings of two (2) or more stories measured from the main entrance shall be served by elevators.

1159.19 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1159.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping & Screening Regulations.

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1181, General Use Regulations.

(c) Emission. No land use or structure shall be used or occupied in any manner to create dangerous or objectionable noise or emissions. All uses shall comply with the Performance Standards in Chapter 1181, General Use Regulations.

(d) Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from a public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.

1159.21 DEVELOPMENT PLAN REVIEW.

All uses in the Golden-age District, except single-family detached and two-family dwellings, shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

1161.01 INTENT.

Cluster Residential Developments (CRD) shall be permitted in the R-1 and R-2 Districts to encourage and accommodate creative and imaginative CRDs that provide alternative housing types in a unified project. In compliance with the following regulations, it is intended that CRDs will utilize innovations in the technology of land development that are in the best interests of the City. These regulations are designed to achieve, among others, the following objectives:

(a) To promote economical and efficient use of land and reduce infrastructure costs through unified development.

(b) To permit the flexible spacing of lots and buildings in order to encourage the separation of pedestrian and vehicular circulation; the provision of readily accessible open areas; and the creation of functional and interesting residential areas.

(d) To ensure that Cluster Residential Developments are compatible with surrounding single-family neighborhoods and comply with these objectives by requiring the submission of development plans and establishing a review process to ensure that all developments are consistent with these regulations.

1161.03 APPROVAL OF CLUSTER RESIDENTIAL DEVELOPMENTS.

In addition to the general review procedures for development plans, the Planning Commission shall review a proposed CRD to ensure that:

(a) The proposed buildings and uses are located so as to reduce any undue adverse impacts upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.

(b) Buffer zones with adequate landscaping are provided between the proposed development and adjacent residential areas;

(d) Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the development are designed to have access to public streets in a manner that minimizes traffic hazards, or congestion;

(e) The layout of parking areas, service areas, entrances, exits, signs, lighting, noise sources or other potentially adverse influences are designed and located to protect the residential character of areas adjacent to the development and to minimize alteration of the natural site features, such as, but not limited to, ravines, stream beds, lakes, significant stands of trees, individual trees of significant size, and rock outcroppings.

(f) The proposed development will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with the applicable district regulations.

(g) The proposed cluster development will be served adequately by police and fire protection, drainage structures, refuse disposal, water and sewers; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.

1161.05 MINIMUM PROJECT AREA.

The area proposed to be developed as a CRD shall be in one ownership, or if in several ownerships, the application shall be filed jointly by all owners of the properties included in the proposed CRD boundaries. The gross area of a tract of land in a CRD shall be a minimum of:

(a) 33,000 square feet in an R-1 District.

(b) 33,000 square feet in an R-2 District.

1161.07 DWELLING TYPES AND MINIMUM FLOOR AREA.

(a) The types of dwelling units that may be included as part of a CRD are listed below in Schedule 1167.07, for the district in which the CRD is located.

Schedule 1161.07(a) Dwelling Types
	R-1	R-2
(1) Single-family detached dwellings on subdivided lots	P	P
(2) Single-family detached grouped dwellings	P	P
(3) Single-family attached; with not more than 3 units attached		P
(4) Single-family attached; with not more than 5 units attached		P
P = Permitted Use Blank Cell = Use not permitted in district

(b) Gross Floor Area of Dwelling Units. The gross floor area for each dwelling unit shall not be less than that set forth in Schedule 1161.07 (b).

Schedule 1161.07(b) Gross Floor Area Requirements
	Minimum Gross Floor Area
(1) Single-family detached dwellings	1400 sq. ft.
(2) Single-family detached grouped dwellings	1400 sq. ft.
(3) Single-family attached dwellings	1400 sq. ft.

1161.09 DENSITY AND LOT COVERAGE REGULATIONS.

The number of dwelling units permitted and the amount of lot coverage permitted shall comply with the following:

(a) Maximum Density. The gross density of a CRD shall not exceed the maximum number of dwelling units set forth in Schedule 1161.09 for the district in which the CRD is located. When calculating the maximum number of dwelling units permitted for a particular site, any public right-of-way existing at the time the development plan is submitted shall be deducted.

(b) Schedule 1161.09. Density and Lot Coverage Regulations:

Schedule 1161.09 Density and Lot Coverage Regulations
	R-1	R-2
(1) Maximum number of dwelling units (a)	One (1) dwelling unit per 11,000 sq. ft. of project area within the project boundaries	One (1) dwelling unit per 11,000 sq. ft. of project area within the project boundaries
(2) Maximum Lot coverage by buildings within the Project Boundaries (a)	30%	30%
(a) The project boundary shall include all lot lines that divide the tract of land developed for CRD from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Section 1161.05, Minimum Project Area.

1161.11 DEVELOPMENT AND SITE PLANNING STANDARDS.

The following specific development standards shall be adhered to in the design and layout of any CRD.

(a) Minimum Setbacks. All buildings, structures and parking areas shall comply with the minimum setbacks set forth in Schedule 1161.11 and the regulations in this Section.

(b) Minimum Spacing Between Buildings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks and patios shall be separated by the minimum spacing set forth in Schedule 1161.11 . These distances may be reduced when the Planning Commission finds that adequate landscaping, screening, and/or architectural features are provided to ensure privacy between units.

Schedule 1161.11 Minimum Setback and Spacing Requirements
	R-1	R-2
(1) Setback from existing public street right-of-way (c)	(b)	(b)
(2) Setback from project boundary, other than a public street (c)	20 ft.	20 ft.
(3) Setback from interior street • Public right-of-way	20 ft.	20 ft.
• Private street pavement	16 ft. (d)	16 ft. (d)
(4) Spacing between buildings • Side to Side	12 ft.	12 ft.
• Side to Rear	25 ft.	25 ft.
• Rear to Rear	35 ft. (a)	35 ft. (a)
Notes to Schedule 1161.11 (a) When the rear wall of one dwelling is adjacent to the rear wall of a second dwelling, the minimum separation shall be the distance set forth in this Schedule or equal to the length of the adjacency, whichever is greater. (b) No building or parking area shall be located closer to the right-of-way line of an existing public street than the minimum front setback distance shown on the Setback Map City of Rocky River, May 12, 1975, for said street. (c) No buildings or structures shall be placed within the setback from a project boundary. (d) When garage doors face the street, the garage doors shall be twenty (20) from the edge of pavement. (e) When the project boundary is not located adjacent to a R-1 and/or R-2 zoning district boundary line, the Planning Commission may reduce the minimum width of the setback from a project boundary.

(d) Minimum Setback for Interior Streets. Interior public streets shall be located a minimum of twenty (20) feet from a CRD boundary, except as necessary to traverse this required setback to provide access to an existing public street right-of-way.

(e) Minimum Setback for Private Streets. No private street or driveway shall be located closer than ten (10) feet to any project boundary line of the CRD.

(f) Lot Requirements. Dwelling units are not required to be on individual lots. However, when lots for standard detached single-family dwelling units or sublots for single-family cluster or attached dwelling units are included as part of a CRD, such lots or sublots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing requirements of this Section.

The applicant shall depict on the development plan the maximum parameters, or building envelopes, to indicate where buildings, projections, decks, patios etc. shall be located, and shall demonstrate that such structure location will be in compliance with the spacing requirements of this Section.

(g) Required Landscaping. The required setbacks from the project boundary specified in Schedule 1161.11 shall be landscaped in accordance with Section 1185.11 (g), Screening.

(h) Maximum Height. No building or structure shall exceed thirty (30) feet in height.

(i) Stormwater Detention/Retention Facilities. Detention/retention facilities that are visible from an existing public street shall be integrated into a landscaped area. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.

1161.13 STREET, DRIVE AND WALKWAY REQUIREMENTS.

(a) General Street Design Criteria.

(1) The area of the proposed project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement through the development.

(2) Street alignments should follow natural contours and be designed to conserve natural features.

(b) Access and Street Requirements.

(1) Streets and/or access drives to Cluster Developments shall be located at least one hundred (100) feet from the nearest intersecting street right-of-way.

(2) All public streets within a Cluster Development shall be designed and constructed in accordance with the standards and specifications of the City of Rocky River as set forth in Sections 1109.04 and 1111.09.

(3) Private streets within a CRD shall have a minimum width of twenty (20) feet, a minimum cul-de-sac radius of fifty (50) feet, and shall meet the same base and pavement design criteria as public streets.

(4) Each dwelling shall have access to either a public or private street in a manner approved by the Planning Commission and as shown on the development plan.

(5) CRDs shall be designed to permit adequate access by emergency vehicles, promote the safety of motorists and pedestrians, minimize traffic conflicts and congestion, and promote the safe, efficient flow of vehicular traffic.

(1) A common drive shall serve no more than four (4) units.

(2) The design and layout of the common drive shall provide adequate and safe access to the intended units, as determined by the City of Rocky River.

(3) Right-of-ways are not required for common drives; however, a utility easement may be required along the length of the common drive.

(4) All common drives shall be paved and have a minimum width of twelve (12) feet.

(5) Whenever a common drive is included in a Cluster Residential development, deed restrictions shall be required and shall specifically include the following language:

"The undersigned grantee(s) hereby acknowledge(s) that (he, she, they) understand that the premises described herein is located upon a non-dedicated or common drive. And further, the grantee(s) understands that no government body is responsible for care and maintenance of said common drive."

(d) Pedestrian Circulation and Walkways. A pedestrian circulation system should be included in the CRD. The system should provide convenient pedestrian access throughout the CRD and from the CRD to other areas of the community. Walkways shall be constructed of concrete or asphalt unless otherwise permitted by the Planning Commission.

1161.15 SUPPLEMENTAL REQUIREMENTS.

Additional development requirements formulated to achieve the objectives of this Chapter may be established at the time the CRD development plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the proposed CRD.

1161.17 ADDITIONAL STANDARDS.

All uses shall comply with the following:

(a) Utilities. All utilities shall be located underground, except that utility appurtenances may be constructed above-ground as approved by the City as part of the development plan approval.

(1) Water lines and appurtenances shall be designed and installed in conformance with the requirements of the City of Rocky River and the City of Cleveland Division of Water;

(2) Sanitary sewer lines and appurtenances shall be designed and installed in conformance with the requirements of the City of Rocky River.

(3) Site lighting shall be in accordance with the requirements of Chapter 1189, Lighting Regulations.

(b) Storm Drainage Provisions. Each CRD shall include provision of a storm drainage system designed and constructed by the developer in accordance with the Construction Standards of the City of Rocky River to handle surface runoff.

(1) Any common open space areas provided by the applicant shall be as set forth on the approved detailed development plan, however, that common open space should be located and designed to be integrally related to the overall design of the development and to conserve and protect significant natural features such as wetlands, woodlands, streams, lakes, historic features, and environmentally sensitive areas.

(2) The ownership of all common open space shall be identified and a perpetual maintenance plan for said common open space shall be submitted to the City for review and approval by the Law Director and the Zoning Administrator. Said perpetual maintenance plan shall set forth responsibility for maintenance of all such common open space and describe the method of financing for said maintenance program. The perpetual maintenance plan shall become part of the development plan.

(d) Additional Submission Requirements. In addition to the requirements set forth in Chapter 1137, detailed development plan submissions for CRDs shall be accompanied by proposed easement documentation, a certified estimate of the construction costs of proposed improvements prepared by the applicant's design engineer, and a perpetual maintenance plan for all common areas, private streets, guest parking areas, and other shared facilities.

(e) Performance Guarantee Required for Improvements. Prior to the commencement of construction, each CRD shall provide a performance guarantee to ensure completion of landscaping, hard surfacing of private streets, drives and parking areas, improvements within public rights-of-way or easements, water lines, sanitary sewer lines, storm sewers, and surface water drainage, and other improvements integral to the proposed project in conformity with approved plans. Such guarantees shall be in a form approved by the Law Director, and shall be in an amount equal to the estimated construction cost of the improvements as determined by the City Engineer. Performance guarantees shall be submitted and approved prior to the issuance of any building permits.

(f) Compliance Required. Subsequent to the approval of a CRD all development or construction within the Cluster Development shall be in substantial compliance with the approved detailed development plan and any conditions of such approval adopted by the City. Any departure from the approved detailed development plan shall be deemed to be a violation of this Development Code.

1161.19 HOMEOWNERS ASSOCIATIONS.

As part of a Cluster Residential Development, a homeowners association, community association, condominium association or similar legal entity shall be created in compliance with Section 1181.07, Requirements for Owners Association, so that such association is responsible for the maintenance and control of common areas, including the common open space, open space easements, private streets, and common drives.

1161.21 PHASED DEVELOPMENT.

If development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.

1161.23 PLAN APPROVAL.

The applicant for a Cluster Residential Development shall submit development plans in accordance with Chapter 1127 , Development Plan Review Procedures.

1163.01 INTENT.

The Office Building Districts (OB-1, OB-2, OB-3) and their regulations are established in order to achieve, among others, the following purposes:

(a) To provide sufficient areas, in appropriate and convenient locations, for professional, administrative, and medical offices as well as mixed use development and the exchange of services;

(b) To protect adjacent residential neighborhoods by restricting the types of land and non-residential uses, particularly at the common boundaries, which would create congestion, hazards, noise, odors or other objectionable influences; and,

(c) To promote the most desirable land use and traffic patterns in accordance with the objectives of the Plan of the City.

(Ord. 80-23. Passed 3-25-24.)

1163.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1163.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1163.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, according to the procedures set forth in Chapter 1131, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1163.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(f) Schedule 1163.03 Permitted Uses.

Schedule 1163.03 Permitted Uses
	OB-1, OB-2, OB-3 Office Building Districts
(1) Residential/Lodging
A. Dwelling unit(s) above the first floor of a building	P
B. Hotel/motel	P
C. Multi-family dwelling	P
D. Family day care home for 1-6 children (Type B)	P
(2) Group Residential
A. Adult care facility for 3-5 persons (Adult family home)	P
B. Residential facility for 5 or fewer persons (Foster family home)	P
C. Residential facility 6-8 persons (Family home)	P
(3) Office and Professional Services
A. Administrative, business and/or professional office	P
B. Bank and other financial institutions	P
C. Bank and other financial institutions with drive-through	C
D. Medical/dental office	P
E. Medical/dental/health services clinic	P
F. Health services/wellness facilities	P

(4) Retail and Services
A. Retail establishment	P
B. Freestanding automated teller machine or drive-thru	C
C. Restaurant or tavern	P
D. Service establishment, business	P
E. Service establishment, personal	P
F. School, specialty/personal instruction	P
(5) Entertainment and Recreation
A. Gym, health club, health spa, yoga studio	P
B. Assembly hall, membership club, and/or conference center	P
(6) Community Facilities/Other
A. Place of worship/church	P
B. Day care facility, child or adult	P
C. School (public/private) elementary/secondary	P
D. School (public/private) college/university	P
E. Library, cultural institution	P
F. Public park, public playground	P
(7) Accessory Uses
A. Accessory building	A
B. Fences and walls	A
C. Off-street parking and loading facilities	A
D. Parking structure	C
E. Signs	A
F. Detached decks, patio fireplaces, play structures, gazebos & pergolas	A
G. Outdoor dining (restaurant or tavern)	A
H. Outdoor Display	A
I. Private swimming pool	A
J. Solar panels	A
K. Trash receptacles	A

(Ord. 80-23. Passed 3-25-24.)

1163.05 LOT REGULATIONS.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the Office Building Districts shall be as specified in Schedule 1163.05, except as otherwise regulated in Chapter 1183, Conditional Use Regulations.

(b) Schedule 1163.05 Lot Regulations.

Schedule 1163.05 LOT REQUIREMENTS
	OB-1, OB-2, OB-3 Office Building Districts
(1) Minimum lot area	None
(2) Minimum lot width	None
(3) Lot Coverage by Building	40%

(Ord. 80-23. Passed 3-25-24.)

1163.07 SETBACK REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as well as the required side and rear setbacks set forth in Schedule 1163.07, measured from the appropriate lot line, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses. The area within the setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(b) Schedule 1163.07 Minimum Building Setbacks.

Schedule 1163.07 Minimum Building Setbacks
	OB-1, OB-2, OB-3 Office Building Districts
(1) Minimum/Maximum Setback from Street Right-of-Way	10 feet/25 feet
(2) Setback from Side Lot line abutting non-residential district	10 feet
(3) Setback from Rear Lot line abutting non-residential district	10 feet
(4) Setback from Side & Rear Lot line abutting residential district	25 feet

(Ord. 80-23. Passed 3-25-24.)

1163.09 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

(a) The maximum height for principal buildings or structures in the Office Building Districts shall not exceed:

(1) OB-1 - 55 feet

(2) OB-2 - 75 feet

(3) OB-3 - 95 feet

(b) The maximum height of accessory building or structures shall not exceed fifteen (15) feet. (Ord. 80-23. Passed 3-25-24.)

1163.11 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall conform to the regulations of Chapter 1187 and to the parking requirements set forth below:

(a) Schedule 1163.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted. The area within the parking setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

Schedule 1163.11 Minimum Parking Setbacks
	OB-1, OB-2, OB-3 Office Building Districts
(1) Minimum Setback from Street ROW	10 feet
(2) Setback from Side and Rear Lot line abutting non-residential district	10 feet (a)
(3) Setback from Side and Rear Lot line abutting residential district	15 feet (a)
(a) The Planning Commission may permit a reduction in these spacing requirements when it determines that adequate privacy is provided through the use of landscaping, architectural features, or other similar means of insuring privacy.

(b) Cross Access to Off-Street Parking Lots. Parking lots shall be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible. Permanent cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be submitted in language acceptable to the City's Law Director and the Planning Commission.

(c) Setbacks for Joint Parking Facilities. When cross access between two parking areas is required or provided, the parking setback shall not be required for the opening which accommodates the drive aisle, but it shall be required in all other areas that abut the shared property line. When shared parking, which spans the mutual property line, is required or provided, the parking setback shall not be required.

(d) The area within the parking setback shall be landscaped in accordance with Chapter 1185, Landscaping and Screening Regulations.

(e) Off-street parking spaces shall be provided in compliance with Chapter 1187, Off-Street Parking and Loading Regulations.

(f) Loading and Service Areas.

(1) If separate loading and service areas are provided, these areas shall comply with the regulations in Section 1187.27, Off-Street Loading Requirements.

(2) If separate loading and service areas are provided, these areas shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent residential uses.

(3) If separate loading and service areas are provided, these areas shall comply with the applicable parking setback requirements set forth in Schedule 1163.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

(Ord. 80-23. Passed 3-25-24.)

1163.13 ACCESSORY USE REGULATIONS.

(a) Fences and Walls. Fences and walls may be erected in compliance with the requirements set forth below.

(1) Location.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within twenty (20) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of way;

3. At the intersection of any two driveways.

C. All fences shall comply with Section 1181.11, Visibility at Intersections.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.

B. No fence shall be electrified or topped with barbed wire.

C. Only ornamental fences shall be permitted in front of a building, unless required for screening pursuant to Chapter 1185, Landscaping & Screening Regulations.

D. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(4) Screening and Landscaping.

A. Screening and landscaping is not required for ornamental fences.

B. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

1. Fences that are located within required building and parking setbacks shall be considered appropriately screened with the landscaping required in Section 1185.07, Landscaping along the Street Frontage and Parking Setback, is planted within five (5) feet of the fence and between the fence and the property line.

(II) One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,

(III) The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) All fences shall be maintained in good condition, be structurally sound, and attractively finished at all times.

(6) Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1127.

(b) Accessory Buildings. The height of the accessory building shall not exceed fifteen (15) feet. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1163.11. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the zoning district in which the lot is located. (Ord. 80-23. Passed 3-25-24.)

1163.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in non-residential districts in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1163.17 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1163.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping & Screening Regulations.

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1181, General Use Regulations.

(c) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(d) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

1163.19 DEVELOPMENT PLAN REVIEW.

All uses in the Office Building Districts shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

1165.01 INTENT.

The Central Business Mixed Use District (CBD) and the regulations are established in order to achieve, among others, the following purposes:

(a) To provide for orderly growth and development in the City of Rocky River;

(b) To reflect and reinforce the existing and desired pedestrian-scaled development pattern while accommodating the need for future growth;

(c) To provide assurance to property owners, developers and neighbors about the limits of what is allowed in the Central Business Mixed Use District; and,

(d) To provide a central business district that preserves, maintains, enhances, and promotes Downtown Rocky River as a core area for retail sales and to promote and enhance the existing historic, compact pedestrian orientation of the downtown by permitting buildings to be close to the street and to one another. The office, service, entertainment, and retail uses within this district should serve the needs of consumers beyond the corporate boundaries of the City. In addition, residential and mixed-use development are also encouraged. Because the existing Downtown is characterized by pedestrian-oriented storefront architecture, this District is crafted to maintain and enhance this pattern of development.

1165.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1165.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1165.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, and Council has confirmed, according to the procedures set forth in Chapter 1131, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1165.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(f) Schedule 1165.03 Permitted Uses.

Schedule 1165.03 PERMITTED USES
	CBD Central Business District
(1) Residential
A. Single-family dwelling, attached	C
B. Dwelling unit(s) above the first floor of a building	P
(2) Residential/Work
A. Home occupation (a)	P
B. Live-work unit	C
(3) Community Facilities/Institutions
A. Assembly hall/Auditorium	C
B. Place of Worship/church	C
C. Cultural Institution	C
D. Library	C
E. Membership Clubs	C
(4) Recreation/Open Space
A. Park/playground	P
B. Theater, indoor	P
(5) Office/Professional Services
A. Financial institution/bank	P
B. Office - administrative/professional	P
C. Office - medical/dental/health services	P
(6) Retail/Personal Services
A. Restaurant, indoor dining	P
B. Restaurant, outdoor dining	C
C. Retail establishment	P
D. Service establishment, business	P
E. Service establishment, personal	P
F. School, specialty/personal instruction	P
(7) Lodging
A. Bed & breakfast	P
B. Hotel/motel	C
(8) Other
A. Parking structure	C
B. Telecommunication facility	See Chapter 1191
C. Utility substation/distribution facility, indoor	C
(13) Accessory uses
A. Accessory buildings (b)	A
B. Fences and walls (b)	A
C. Outdoor display/sales (b)	A
D. Off-street parking areas and loading facilities (c)	A
E. Signs (d)	A
F. Trash receptacles	A
Notes to Schedule 1165.03: (a) As further regulated by Section 1181.15, Home Occupation Regulations. (b) As further regulated by Section 1165.13, Accessory Use Regulations. (c) As further regulated by Section 1165.11, Off-street Parking Regulations. (d) As further regulated by Chapter 1193, Sign Regulations. P = Use permitted by right C = Conditional use A = Accessory use

1165.05 LOT REGULATIONS.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the Central Business District shall be as specified in Schedule 1165.05, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses.

(b) Schedule 1165.05 Lot Requirements in the Central Business District.

Schedule 1165.05 Lot Requirements in the Central Business District
	CBD
(1) Minimum Project Area	None
(2) Minimum Lot Area	None
(3) Minimum Lot Width	None
(4) Maximum Lot Coverage	100%
(5) Minimum Lot Coverage by Buildings	50%

1165.07 SETBACK REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as well as the required side and rear setbacks set forth in Schedule 1165.07, measured from the appropriate lot line, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses. The area within the setbacks shall remain unobstructed by structures, except as otherwise permitted in this Code.

(b) Schedule 1165.07. Minimum Building Setbacks.

Schedule 1165.07 Minimum Building Setbacks
	CBD
(1) Minimum Setback from Street Right-of-Way	None (a)
(2) Maximum Setback from Street Right-of-Way	5 feet (a)
(3) Minimum Setback from Side Lot line abutting nonresidential dist.	5 feet (b)
(4) Minimum Setback from Rear Lot Line abutting nonresidential dist.	None
(5) Setback from Side Lot line abutting residential dist.	25 feet
(6) Setback from Rear Lot line abutting residential dist.	25 feet
Notes to Schedule 1165.07: (a) As further regulated by sub-section 1165.07(c) below. (b) Except when buildings share a common wall, then there shall be no setback required.

(c) Supplemental Setback Requirements In the CBD. New construction shall comply with the minimum and maximum front setback requirements specified in Schedule 1165.07, except the maximum setback from a street right-of-way may be increased to fifteen (15) feet when a public use plaza or outdoor dining is located between the building and the street right-of-way. No other uses shall be permitted in this setback.

1165.09 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the height regulations in Schedule 1165.09, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses.

Schedule 1165.09 Height Regulations
	CBD
(a) Minimum Building Height	2 stories
(b) Maximum Building Height	4 stories with a maximum height of 55 feet
Notes to Schedule 1165.09:

1165.11 OF-STREET PARKING REGULATIONS.

Off-street parking lots shall conform to the regulations of Chapter 1187, Off-street Parking and Loading Regulations, and to the parking requirements set forth below:

(a) Schedule 1165.11 Minimum Parking Setbacks. Off-street parking lots shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below, unless otherwise noted.

Schedule 1165.11 Minimum Parking Setbacks
	CBD
(1) Minimum Setback from Street ROW	See sub-section 1165.11 (b)(1)
(2) Setback from Side and Rear Lot line abutting nonresidential dist.	10 feet
(3) Setback from Side and Rear Lot line abutting residential dist.	15 feet

(b) Parking Regulations in the CBD.

(1) Accessory Parking Lots Located in the CBD. In the CBD, accessory off-street parking lots shall not be located between the front building line of a principal building and the street right-of-way line. Accessory off-street parking shall be located at the rear or side of the principal building. The Planning Commission may grant an exception to this requirement where necessary due to the shallow depth of the parcel, the location of mature trees or other significant environmental features, the location of historical buildings/structures, the proximity of residential uses, or other similar circumstances. If an exception is granted and off-street parking lots are adjacent to or abut a public street, a four (4) foot masonry wall shall be provided in addition to the Screening along Public Streets required in sub-section 1185.09 (c) and the Landscaping Along the Street Frontage and Parking Setback required in Section 1185.07 .

(2) Parking Lots as Principal Use in CBD. When parking lots are the principal use of a zoning lot, the parking setback adjacent to street rights-of-way shall be fifteen (15) feet.

(c) Parking Structures in the CBD District. If the parking structure does not contain retail uses as preferred in sub-section 1165.17 (c) (4) B., parking structures in the CBD shall be setback sixty (60) feet from any public street right-of-way.

(d) Cross Access to Off-Street Parking Lots. Parking lots shall be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible. Permanent cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be submitted in language acceptable to the City's Law Director and the Planning Commission.

(e) Setbacks for Joint Parking Facilities. When cross access between two parking areas is required or provided, the parking setback shall not be required for the opening which accommodates the drive aisle, but it shall be required in all other areas that abut the shared property line. When shared parking, which spans the mutual property line, is required or provided, the parking setback shall not be required.

(f) The area within the parking setback shall be landscaped in accordance with Chapter 1185, Landscaping and Screening Regulations.

(g) Off-street parking spaces shall be provided in compliance with Chapter 1187, Off-Street Parking and Loading Regulations.

1165.13 ACCESSORY USE REGULATIONS.

(a) Fences and Walls.Fences and walls may be erected in the Central Business Mixed Use District in compliance with the requirements set forth below.

(1) Location.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within twenty (20) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of way;

3. At the intersection of any two driveways.

C. All fences shall comply with Section 1181.11 , Visibility at Intersections.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.

B. No fence shall be electrified or topped with barbed wire.

D. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(4) Screening and Landscaping.

A. Screening and landscaping is not required for ornamental fences.

B. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

i. Fences that are located within required building and parking setbacks shall be considered appropriately screened with the landscaping required in Section 1185.07 , Landscaping along the Street Frontage and Parking Setback, is planted within five (5) feet of the fence and between the fence and the property line.

ii. Fences that are not located within the required setback areas shall be screened with the following landscape materials, planted not more than five (5) feet from the fence and between the fence and the property line:

(II) One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,

(III) The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) All fences shall be maintained in good condition, be structurally sound, and attractively finished at all times.

(6) Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1127.

(b) Outdoor Display. The outdoor display of merchandise for sale shall comply with the following:

(1) Outdoor display of merchandise for sale shall be accessory and limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location.

(2) The area of the lot devoted to outdoor display shall not exceed fifteen percent (15%) of the ground floor area of the building(s) on the lot. The Planning Commission may grant an exception to this requirement when the ground floor area is 5000 square feet or less.

(3) The outdoor display area shall comply with the building setback requirements set forth in Schedule 1165.07 for the district in which the lot is located, unless the Planning Commission and the City Engineer approve such outdoor display areas in the public right-of-way.

(4) The outdoor display area shall not be located in areas intended for traffic or parking as identified on the approved development plan;

(5) Any proposed outdoor display areas shall be approved as part of a Development Plan Review in accordance with Chapter 1127.

(c) Accessory Buildings. All uses, other than single-family attached, shall comply with the regulations in this sub-section. The height of the accessory building shall not exceed fifteen (15) feet. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1165.11. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the zoning district in which the lot is located.

1165.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in nonresidential districts in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1165.17 DESIGN GUIDELINES.

The following design elements are included to encourage and direct development that supports Rocky River's heritage and the prevalent built environment in the Central Business District. It is the purpose of these design guidelines to produce buildings that are contextual and human scaled and to create the urban design and spaces advocated by the City's Master Plan.

(a) Applicability of Regulations. In addition to the development standards set forth in this Chapter, the design guidelines set forth in Schedule 1165.17 shall apply to the exterior appearance and design of all new construction and building renovations in the CBD that contain non-residential uses on the first floor. Building or site alterations that conflict with these guidelines or that otherwise increase the degree of non-compliance with these guidelines are prohibited.

(b) Exceptions. The Design and Construction Board of Review is authorized to grant an exception to the Design Guidelines contained in Schedule 1165.17 if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot, or due to the location or design of existing structures, mature trees, or other features, the application of the design guidelines would be unreasonable.

(1) In determining whether to grant an exception, the Design and Construction Board of Review shall consider:

A. The Master Plan;

B. The purposes of the Zoning District;

C. The intent of the guideline from which the exception is requested; and,

D. Whether the intent of the guideline may be met by an alternate means.

(2) The Design and Construction Board of Review may grant a complete exception from the guideline, or it may modify the guideline in view of the peculiarities of the site. Any modification of the guideline shall be considered an "exception." An exception shall be granted or denied in writing.

(3) The applicant must obtain development plan approval incorporating the exception within one (1) year of the grant, or the exception will expire.

(4) Any person aggrieved by the grant or denial of an exception may appeal the Design and Construction Board of Review's decision to the Board of Zoning Appeals by filing a written notice of appeal, stating the reasons therefore, with the Zoning Administrator, within ten (10) days of the grant or denial of the exception.

Schedule 1165.17

Design Guidelines

CBD

Design Guidelines

(1) Building Design and First Floor Use.

A. First floor street frontage design shall facilitate walk-in commercial activity, such as retail.

B. Along the front elevation, building wall segments or vertical bays shall be between twenty (20) and forty (40) feet in length and shall be distinguished from one another by architectural features such as columns, reveals, pilasters, recesses, or extensions.

C. A transition line shall be provided between the first and second stories. The height of this transition line shall match the height of the transition line on the abutting or adjacent buildings. If adjoining properties are vacant, then the ground floor shall be at least ten (10) feet in height measured from finished floor to finished ceiling.

D. On each zoning lot, sixty percent (60%) of the lot frontage abutting public street shall be devoted to the principal building. See Figure 1.

(2) Window Placement.

A. For the first floor, the front facade of every building shall have transparent areas, equal to seventy (70) percent of the front facade area (measured as the total area below the transition line) These transparent areas shall be between two (2) and nine (9) feet above the sidewalk.

B. First floor windows shall permit pedestrians a view of the interior of the building. Windows shall remain transparent and shall not be blocked in any manner. Alternatively, display windows may be used provided these windows are a minimum of three (3) feet in depth, extend the full height of the glazing, and are internally lit.

C. For all upper floors, the front facade of the building shall have glazed areas or windows equal to forty (40) percent of the total area of the front facade, with each floor being calculated independently. Windows shall remain transparent.

D. All facade openings, including windows and colonnades, shall be vertical in proportion.

(3) Building Entrances, Architecture & Pedestrian Circulation

A. All buildings shall provide at least one usable building or storefront entrance on each front facade. A corner entrance may be substituted if both street frontages measure eighty (80) lineal feet or less.

B. Buildings, without public street frontage, shall provide a sidewalk or courtyard that connects to the sidewalk of a public street.

C. Building entrances, not including service entrances, shall be clearly defined by a building projection or recess, or accented by a sheltering element such as an awning, overhang, arcade, or portico.

D. All rooftop mechanical equipment shall be enclosed in building materials that match the structure or which are visually compatible with the structure.

E. Materials within ten (10) feet of the ground or the sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic. If "dry vit" or E.I.F.S is used as an exterior building material, high impact mesh shall be used on all wall areas within ten (10) feet of the ground or sidewalk. The impact rating is based on the EIMA (EIFS Industry Members Association) Impact Classification System.

(4) Parking

A. Openings for parking access on a frontage line shall be a maximum of twenty-five (25) feet wide.

B. Parking structures should contain retail uses along the frontage line. These retail uses should have a minimum depth of twenty (20) feet from the frontage line. If retail uses are not provided, the parking structure shall be designed and constructed to have architectural features, such as piers or columns to break up the wall mass.

C. All parking lots and parking structures should be accessed from an alley, if applicable.

Figure 1

Minimum Width of the Principal Building

1165.19 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1165.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping & Screening Regulations;

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1181, General Use Regulations;

(c) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise;

(d) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food; and,

(e) Overhead Utility Lines. All utility lines, electric, telephone, cable, TV lines, etc., shall be placed underground.

1165.21 DEVELOPMENT PLAN REVIEW.

All uses in the CBD shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

1167.01 INTENT.

Business Districts (LB, GB) and their regulations are established in order to achieve, among others, the following purposes:

(a) To promote the most desirable land use and traffic patterns in accordance with the objectives of the City of Rocky River Master Plan;

(b) To provide sufficient areas, in appropriate and convenient locations, for business activities and the exchange of goods and services;

(c) To protect residential neighborhoods adjacent to business uses by regulating the types of establishments, particularly at the common boundaries, that would create congestion, noise or other objectionable influences;

(d) LB - Local Business District. To accommodate retail and service uses that typically serve a limited neighborhood area, or other retail uses that serve a more general market area but can successfully operate within a neighborhood district. Such commercial uses are necessary to satisfy basic shopping and service needs that occur frequently and must, therefore, be located close to residential areas. The character of these districts is intended to be compatible with that of surrounding residential neighborhoods. Buildings in these districts are typically smaller in scale than those found in the general business districts.

(e) GB - General Business District. To accommodate a broad range of commercial services and activities in locations adequately served by major streets and other facilities and to provide a wide range of goods and services to a large consumer population coming from an extensive area.

1167.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1167.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1167.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, according to the procedures set forth in Chapter 1331, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1167.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(f) Schedule 1167.03 Permitted Uses.

Schedule 1167.03 Permitted Uses
	LB Local Business (a)	GB General Business
(1) Residential/Lodging
A. Single-family attached dwellings	C	C
B. Dwelling unit(s) above the first floor of a building	P	P
C. Bed and breakfast establishment	P	P
D. Hotel, motel		P
E. Multi-family dwelling		P
(2) Office and Professional Services
A. Administrative, business and/or professional office	P	P
B. Bank and other financial institutions	P	P
C. Medical/dental office	P	P
D. Medical/healthcare facility	P	P
E. Hospital		P
(3) Retail and Services
A. Retail establishment	P	P
B. Freestanding automated teller machine or drive-thru	C	C
C. Restaurant, indoor	P	P
D. Drive-thru facility in association with a permitted use	C	C
E. Funeral home	P	P
F. Service establishment, business	P	P
G. Service establishment, personal	P	P
H. Animal hospital/clinic	C	P
(4) Automotive/Transportation
A. Gasoline station/pumps		P (f)
B. Car wash		C
C. Automobile service station		P
D. Vehicle repair garage		C
E. Motor vehicle sales and rental		C
F. Self-storage facility, indoor		C
(5) Entertainment - Recreation
A. Commercial recreation, indoor	P	P
B. Commercial recreation, outdoor	C	C
C. Health Club	P	P
D. School, specialty/personal instruction	P	P
E. Theatre		P
F. Assembly hall/membership club/ conference center		P
G. Public park, public playground	P	P
(6) Community Facilities/Other
A. Congregate care facility	P	P
B. Nursing home	P	P
C. Place of worship/church	P	P
D. Day care facility, child and/or adult	P	P
E. School (public/private) elementary/ secondary	P	P
F. School (public/private) college/ university		P
G. Public safety facility	P	P
H. Public service/maintenance facility		P
I. Utility substation/distribution facility, indoor	C	C
J. Wireless telecommunication facility	See Chapter 1191
K. Library, cultural institution	P	P
(7) Accessory Uses
A. Accessory buildings/structures(c)	A	A
B. Accessory recreational facilities	A	A
C. Crematorium when accessory to a funeral home	A	A
D. Fences, walls (d)	A	A
E. Off-street parking facility	A	A
F. Outdoor display/sales See §1167.19(a)	A	A
G. Outdoor storage of vehicles & equipment See §1167.19(c)		A
H. Outdoor storage of goods & general merchandise See §1167.19(b)		A
I. Restaurant, outdoor dining, see §1167.13(b)	A	A
J. Signs (e)	A	A
Notes to Schedule 1167.03: (a) All operations, including storage, shall take place in a principal and/or an accessory building, except off-street parking & loading, unless otherwise specifically permitted in this Code. (b) RESERVED (c) As further regulated by Section 1167.13 (d) As further regulated by Section 1167.13 (e) As further regulated by Chapter 1193 (f) The lot shall be not less than twenty-five thousand (25,000) square feet in area and abut for a distance of not less than two hundred (200) feet on an arterial street. P = Use Permitted by right C = Conditional Use A = Accessory Use Blank cell = Use not permitted in district

(Ord. 63-23. Passed 10-23-23.)

1167.05 LOT REGULATIONS.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the Business Districts are specified in Schedule 1167.05 for the district in which the lot is located, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses.

(b) Schedule 1167.05 Lot Requirements in Business Districts

Schedule 1167.05 Lot Requirements in Business Districts
	LB Local Business	GB General Commercial
(1) Minimum Lot Area	None	None
(2) Minimum Lot Width	0 feet	0 feet (a)
(3) Maximum Lot Coverage by Buildings	30%	40%
(a) On Detroit and Center Ridge Roads, the minimum lot width shall be 100 feet.

1167.07 SETBACK REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as well as the required side and rear setbacks set forth in Schedule 1167.07 , measured from the appropriate lot line, except as otherwise regulated in Chapter 1183 , Conditional Use Regulations, for conditional uses. The area within the setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(b) Schedule 1167.07 . Minimum Building Setbacks.

Schedule 1167.07 Minimum Building Setbacks
	LB Local Business	GB General Business
(1) Minimum Setback from Street Right-of- Way	10 feet	25 feet
(2) Maximum Setback from Street Right-of- Way	25 feet	65 feet
(3) Setback from Side Lot line abutting nonresidential dist.	5 feet (a)	5 feet (a)
(4) Setback from Rear Lot line abutting nonresidential dist.	0 feet	0 feet
(5) Setback from Side & Rear Lot line abutting residential dist.	25 feet	25 feet
Notes to Schedule 1167.07: (a) Except when buildings share a common wall, then there shall be no setback required.

1167.09 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

(a) The maximum height for principal buildings or structures in the Business Districts shall not exceed thirty-five (35) feet.

(b) The maximum height of accessory building or structures shall not exceed fifteen (15) feet.

1167.11 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall conform to the regulations of Chapter 1187 and to the parking requirements set forth below:

(a) Schedule 1167.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted.

Schedule 1167.11 Minimum Parking Setbacks
	LB Local Business	GB General Business
(1) Minimum Setback from Street ROW	See sub-section 1167.11(b)	25 feet
(2) Setback from Side and Rear Lot line abutting nonresidential dist.	10 feet	10 feet
(3) Setback from Side and Rear Lot line abutting residential dist.	15 feet	20 feet

(b) Accessory Parking Lots Located in the LB District. In the Local Business District, accessory off-street parking lots shall not be located between the front building line of a principal building and the street right-of-way line. Accessory off-street parking shall be located at the rear or side of the principal building. The Planning Commission may grant an exception to this requirement where necessary due to the shallow depth of the parcel, the location of mature trees or other significant environmental features, the location of historical buildings/structures, the proximity of residential uses, or other similar circumstances. If an exception is granted and off-street parking lots are adjacent to or abut a public street, a four (4) foot masonry wall shall be provided in addition to the Screening along Public Streets required in sub-section 1185.09 (c) and the Landscaping Along Street Frontage and Parking Setback required in Section 1185.07 .

(c) Cross Access to Off-Street Parking Lots. Parking lots shall be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible. Permanent cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be submitted in language acceptable to the City's Law Director and the Planning Commission.

(d) Setbacks for Joint Parking Facilities. When cross access between two parking areas is required or provided, the parking setback shall not be required for the opening which accommodates the drive aisle, but it shall be required in all other areas that abut the shared property line. When shared parking, which spans the mutual property line, is required or provided, the parking setback shall not be required.

(e) The area within the parking setback shall be landscaped in accordance with Chapter 1185, Landscaping and Screening Regulations.

(f) Off-street parking spaces shall be provided in compliance with Chapter 1187, Off-Street Parking and Loading Regulations.

(g) Loading and Service Areas.

(1) Off-street loading and service areas shall be provided in compliance with the regulations in Section 1187.27 Off-street Loading Requirements.

(2) Loading and service areas in the Business Districts shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent residential uses.

(3) Loading and service areas shall comply with the applicable parking setback requirements set forth in Schedule 1167.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1167.13 ACCESSORY USE REGULATIONS.

(a) Fences and Walls. Fences and walls may be erected in the Business Districts in compliance with the requirements set forth below.

(1) Location.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within twenty (20) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of way;

3. At the intersection of any two driveways.

C. All fences shall comply with Section 1181.11, Visibility at Intersections.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.

B. No fence shall be electrified or topped with barbed wire.

D. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(4) Screening and Landscaping.

A. Screening and landscaping is not required for ornamental fences.

B. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

1. Fences that are located within required building and parking setbacks shall be considered appropriately screened with the landscaping required in Section 1185.07, Landscaping along the Street Frontage and Parking Setback, is planted within five (5) feet of the fence and between the fence and the property line.

(II) One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,

(III) The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) All fences shall be maintained in good condition, be structurally sound, and attractively finished at all times.

(6) Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1127.

(b) Restaurant, outdoor dining. Restaurants shall be permitted to operate outdoor dining on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired. The following standards shall apply to outdoor eating areas:

(1) If outdoor dining is proposed to be in the public right-of-way, a permit shall be obtained from the Safety Service Director before a zoning certificate is issued.

(2) Planters, fencing, or other devices shall be used as a way of defining the area occupied by the outdoor dining.

(3) Extended awnings, canopies, or large umbrellas shall be permitted if located to provide shade or cover.

(4) The operators of outdoor dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of cafe activity.

(5) The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.

(c) Accessory Buildings. All uses, other than single-family attached and two-family dwellings, shall comply with the regulations in this sub-section. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1167.11 . All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the zoning district in which the lot is located.

1167.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in non-residential districts in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1167.17 DESIGN GUIDELINES.

(a) Purpose. The buildings in the City's Business Districts define Rocky River's built environment. Enhancing the quality and compatibility of these buildings and thereby protecting the character of these areas is of utmost importance.

The guidelines set forth below are intended to achieve among others the following purposes:

(1) To strengthen, protect, enhance and improve the existing visual and aesthetic character of the LB and GB Districts;

(2) To protect and enhance property values; and,

(3) To provide guidelines for property owners, architects, and contractors to aid in the preparation of appropriate plans.

(b) Applicability of Regulations. In addition to the development standards set forth in this Chapter, the design guidelines set forth in Schedule 1167.17 shall apply to the exterior appearance and design of all new construction and exterior building renovations in the Business Districts listed in Section 1167.01 .

(c) Exceptions. The Design and Construction Board of Review is authorized to grant an exception to the Design Guidelines contained in Schedule 1167.17 if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot, or due to the location or design of existing structures, mature trees, or other features, the application of the design guidelines would be unreasonable.

(1) In determining whether to grant an exception, the Design and Construction Board of Review shall consider:

A. The Master Plan;

B. The purposes of the Zoning District;

C. The intent of the guideline from which the exception is requested; and,

D. Whether the intent of the guideline may be met by an alternate means.

(3) The applicant must obtain development plan approval incorporating the exception within one (1) year of the grant, or the exception will expire.

(d) Schedule 1167.17 Design Guidelines.

Schedule 1167.17 Design Guidelines
Design Guidelines	LB Local Business	GB General Business
(1) Pedestrian activity shall be encouraged and safe pedestrian connections shall be provided between buildings, in a multi-building development, and between principal buildings, their parking lots, and public sidewalks	X	X
(2) Buildings and principal building entrances shall be oriented toward the public street so as to define the street edge and contribute to a dynamic pedestrian and street environment.	X	X
(3) On each zoning lot, the minimum percent, set forth in this sub-section, of the frontage abutting the public street shall be devoted to the principal building. See Figure 1 below.	65%	NA
(4) Blank walls, those devoid of openings such as transparent windows and transparent doors, shall not be permitted on the front facade of any building.	X	X
(5) Any part of the building, which is not the front façade, that is visible from a private right-of-way, parking area, or public circulation area shall have no more than twenty-five percent (25%) of the wall length, not to exceed fifty (50) feet, of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays, or an undulation of the building so that a pedestrian scale, rhythm, and visual interest is created.	X	X
(6) Materials within three (3) feet of the finished grade or sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic. No stucco (commonly known as "dry vit" or E.F.I.S.) or similar materials shall be permitted within three (3) feet of the finished grade.	X	X
(7) All roof top equipment shall be concealed in building materials that match the structure or shall be painted to be visually compatible with the structure.	X	X
NA = Not applicable

(e) Figure 1 Minimum Width of the principal Building.

Figure 1

Minimum Width of the Principal Building

1167.19 OUTDOOR DISPLAY AND STORAGE REGULATIONS.

Outdoor activities permitted in the Business Districts, as set forth in Schedule 1167.03, shall be permitted only when accessory to a permitted or conditionally permitted principal use and in compliance with the following regulations:

(a) Outdoor Display. The outdoor display of merchandise for sale, except motor vehicle sales establishments, shall comply with the following:

(1) The regulations in Section 731.04 of the City of Rocky River's Codified Ordinances;

(2) The outdoor display area shall comply with the building setback requirements set forth in Schedule 1167.07 for the district in which the lot is located;

(3) The outdoor display area shall not be located in areas intended for traffic and pedestrian circulation or parking as identified on the approved development plan; and,

(4) Any proposed outdoor display areas shall be approved as part of a Development Plan Review Procedures in accordance with Chapter 1127.

(b) Storage of Goods and General Merchandise. The outdoor storage of goods and general materials shall be an accessory use associated with a permitted use in those zoning districts where permitted pursuant to Schedule 1167.03 and shall comply with the following:

(3) All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.

(5) The area of the lot devoted to outdoor storage shall not exceed fifteen percent (15%) of the gross floor area of the first floor of the building(s) on the lot.

(6) Any proposed outdoor storage areas shall be approved as part of a Development Plan Review Procedures in accordance with Chapter 1127.

(c) Storage of Vehicles and Equipment. The outdoor storage of vehicles and equipment shall be an accessory use associated with a permitted use in those zoning districts where permitted pursuant to Schedule 1167.03 and shall comply with the following:

(1) All stored vehicles or equipment shall be necessary to and customarily associated with the principal use;

(2) All vehicles or equipment shall be in an operable state and with a current registration, if applicable. In no case shall inoperable vehicles be stored;

(4) All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times;

(6) The area of the lot devoted to outdoor storage shall not exceed fifteen percent (15%) of the gross floor area of the first floor of the building(s) on the lot.

(7) Any proposed outdoor storage of vehicles or storage shall be approved as part of a Development Plan Review Procedures in accordance with Chapter 1127.

1167.21 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1167.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping & Screening Regulations.

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1181, General Use Regulations.

(c) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(d) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food in the Local Business District.

(e) Overhead Utility Lines. All utility lines, electric, telephone, cable, TV lines, etc., shall be placed underground.

1167.23 DEVELOPMENT PLAN REVIEW.

All uses in the Business Districts shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

1169.01 INTENT.

The Mixed Use Overlay District (MX) is established in order to achieve, among others, the following purposes:

(a) Provide an opportunity for a mix of land uses consistent with the City's Master Plan, while protecting the public health, safety, and general welfare;

(b) Provide for and encourage a balanced, compatible mix of uses, rather than a separation of uses, in a pedestrian-friendly environment;

(c) Establish development standards that allow for flexibility while protecting adjacent property from undue adverse impacts;

(d) Reinforce or create community character within Mixed Use Developments that is consistent with the City's Master Plan;

(e) Promote investment in locations where investment is otherwise impeded due to small lot sizes, inefficient shape of the property, the shallow depth of the zoning district on the primary street frontage, the existing underutilized development, or development that exhibits functional obsolescence;

(f) Discourage "strip" development in order to promote pedestrian friendliness; and,

(g) Create vibrant public spaces through the use of pedestrian-oriented design principles and enhanced aesthetic design of buildings and structures.

1169.03 ESTABLISHMENT OF THE MIXED USE OVERLAY DISTRICT AND SUBSEQUENT PROCEDURES FOR APPROVAL.

A Mixed Use Overlay District shall be established in accordance with procedures for a zoning amendment as set forth in Chapter 1135, Amendments. The boundaries of the Mixed Use Overlay District shall be indicated on the Official Zoning Map and shall be officially denoted as MX. In the Mixed Use Overlay District, applications shall be reviewed and acted upon as follows:

(a) A General Development Concept shall be reviewed and acted upon simultaneously with the zoning amendment necessary to effectuate the Mixed Use Overlay District.

(b) After approval of the General Development Concept, development plans shall be reviewed and acted upon according to Chapter 1127, Development Plan Review Procedures.

(c) After approval of a General Development Concept by the City Council, the Planning Commission shall approve all development plans provided the Planning Commission determines that the development plan substantially complies with all specific requirements, the purposes, intent and basic objectives of the General Development Concept, and any commitments made or conditions agreed to with the approval of the General Development Concept.

1169.05 CONFORMITY TO STANDARDS.

Because of the special characteristics related to a Mixed Use Overlay District, specific provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters of this Development Code, the provisions set forth in this Chapter shall govern. Any existing provisions that are not covered by this Chapter shall be governed by the respective provisions and requirements found elsewhere in this Development Code, unless modified by the General Development Concept as provided for below.

The City Council, upon a recommendation from the Planning Commission, may modify any applicable provisions and requirements contained in this Development Code when approving a General Development Concept, including the regulations in this Chapter, if it is shown by the applicant that:

(a) There will be preservation of distinctive physical characteristics of the site; or,

(b) Additional amenities or public spaces or increased efficiency in public services will be provided;

(c) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, the application results in a development of equivalent or higher quality than that which could be achieved through strict application of the applicable provisions and requirements; provided that the development, as proposed, shall have no adverse impact upon the public health, safety or general welfare of the City.

1169.07 GENERAL DEVELOPMENT CONCEPT.

As provided for in this Chapter, an applicant for a Mixed Use Overlay District shall submit a General Development Concept for review and approval. Such General Development Concept shall comply with all applicable provisions of this Chapter and the Development Code.

(a) The application for a General Development Concept shall include the maps, plans, designs and supplementary documents required in Chapter 1137, Submission Requirements.

(b) The Planning Commission and the City Council, as applicable, shall review a General Development Concept to determine if such application complies with the review criteria set forth in this Chapter and other applicable chapters or sections of this Development Code. The Planning Commission and the City Council shall, when formulating its decisions, determine that:

(1) The General Development Concept is consistent with the Master Plan;

(2) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property and existing public streets; and,

(3) The development includes a harmonious mixture of land uses and the location of employment and retail centers.

(c) The City's approval of a General Development Concept shall be an agreement between the City and the Developer. Said agreement provides for the developer to execute the proposed project in accordance with the plans approved by the City, and all applicable Municipal regulations, under the terms and conditions set forth in this Development Code and such special conditions as may be incorporated in the Municipal approval. Failure on the part of the Developer to conform to said plans, and/or applicable Municipal requirements and/or the terms and conditions of approval shall be grounds for action by the City in accordance with Chapter 1141, Enforcement and Penalties.

1169.09 PERMITTED USES.

(a) The following uses, in sub-section 1169.09 (b), may be considered on a General Development Concept subject to all applicable requirements contained in this Development Code. In determining the appropriateness of each proposed use, the Planning Commission and the City Council shall determine that the plan satisfies one or more of the following:

(1) That the proposed uses will fulfill the Intent Statements expressed in Section 1169.01 ;

(2) That the proposed use(s) contributes to the pedestrian atmosphere desired by the City;

(3) That the proposed uses promote a vital, mixed-use environment;

(4) That the proposed uses are compatible with one another and will not unduly impact the public health, safety, and general welfare;

(5) That the proposed uses will further the creation of a vital retail mix that can be used by residents of the Mixed Use Development, users of other establishments in the Mixed Use Development as well as adjacent parcels, if applicable;

(6) That the proposed uses will include the necessary diversity of uses needed to prevent the segregation of uses and to insure a dynamic developed site;

(7) In the case of small sites as provided for in this Chapter, whether the proposed land uses will promote the desired mixture of uses either within the proposed Mixed Use Development or with adjacent sites, which are developed in a manner to compliment the proposed Mixed Use Development.

(b) Uses Which May be Considered in a Mixed Use Overlay District. A Mixed Use Development may include any of the following uses, but a list of specific uses shall be included with the General Development Concept and the location of those uses clearly delineated on the General Development Concept.

Schedule 1169.09 Permitted Uses
	MX (a) Mixed Use Overlay District
(1) Residential/Lodging
A. Single-family attached dwellings	P
B. Dwelling unit(s) above the first floor of a building	P
C. Residential on the First Floor of a Building	P
(2) Office and Professional Services
A. Administrative, business and/or professional office	P
B. Bank and other financial institutions	P
C. Medical/dental office	P
D. Medical/dental/health services clinic	P
(3) Retail and Services
A. Retail establishment	P
B. Restaurant, indoor	P
C. Drive-thru facility in association with a permitted use	C
D. Service establishment, business	C
E Service establishment, personal	P
(4) Entertainment - Recreation
A. School, specialty/personal instruction	C
B. Theater, indoor	C
C. Assembly hall/membership club/conference center	C
D. Public park, public playground	P
(5) Community Facilities/Other
A. Place of worship/church	C
B. Wireless telecommunication facility	See Chapter 1191
C. Library, cultural institution	C
D. Parking structure	P
(6) Accessory Uses
A. Accessory recreational facilities	A
B. Off-street parking facility	A
C. Outdoor display/sales see §1167.19(a)	A
D. Restaurant, outdoor dining, See §1167.13(b)	A
E. Signs	A
P = Permitted by right C = Conditional A= Accessory
Notes to Schedule 1169.09: (a) All operations, including storage, shall take place in a principal and/or an accessory building, except off-street parking & loading and as provided for in this Chapter.

1169.11 DEVELOPMENT STANDARDS AND CRITERIA.

(a) Basic Standards. A Mixed Use Development shall be designed and depicted on a General Development Concept and subsequent development plans in accordance with the following:

(1) Ownership of the Project Area. The project area shall be in one ownership, or if in several ownerships, the application shall be filed jointly and signed by all owners of the properties included in the proposed Mixed Use Development boundaries. If the applicant owns more than the required minimum project area in a Mixed Use Overlay District, all property under the applicant's control shall be included in the General Development Concept required in Section 1169.07.

(2) Public Street Access. The project area shall front on an existing public street. The access point(s) onto such existing street shall minimize adverse impacts on surrounding properties.

(3) Buffer Yards. Visual screening and landscape buffers shall be provided in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

(4) Outside Storage of Materials. There shall be no exterior storage of goods and materials in the Mixed Use Overlay District.

(5) Maximum Building Height. The maximum building height shall be fifty (50) feet, except that the building height shall not exceed the maximum height permitted in the abutting zoning district, by more than ten (10) feet, when the building is within 100 feet of an abutting R-1, R-2, or an R-3 zoning district boundary.

(6) Outdoor Display. The outdoor display of merchandise for sale shall comply with the regulations in Section 1167.19 (a).

(7) Project Phasing. If the Mixed Use Development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, utilities, and other public improvements to serve the development in accordance with the applicable criteria set forth in this Chapter and this Development Code. Each phase shall be provided with temporary and/or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.

(b) General Development Concept Criteria. A General Development Concept shall be designed and depicted in accordance with the following:

(1) Plan Design. The proposed Mixed Use Development shall be designed in accordance with accepted planning principles, including the planning and development principles included in this Chapter and the City's Master Plan, to ensure that the use of land, buildings and other structures; the building location, bulk, layout, arrangement, design, and height; the percentages of lot areas that may be occupied; the setback of buildings; the sizes of setbacks and other spaces; and the density of population are in compliance with the purposes and objectives of the MX regulations as set forth in Section 1169.01 , Intent.

(2) Land Use and the Arrangement of Buildings and Setbacks.

A. Buildings and uses within the Mixed Use Development shall be located to reduce any adverse influences and to enhance the character of areas adjacent to the development;

B. Whenever a Mixed Use Overlay District includes areas of a higher intensity than permitted in adjacent areas, the location and arrangement of use areas shall include appropriate buffers, open spaces, setbacks, or other transitional areas to ensure compatibility with the lower intensity areas. In determining the appropriateness of proposed transitional areas, the Planning Commission and the City Council shall consider the visibility between adjacent land uses, existing topography, existing natural features and vegetation, building size, and type of adjacent land uses. To provide appropriate transitional areas, creative site design, building design, and building arrangement is strongly encouraged. Design alternatives include but are not limited to the following:

• Non-residential building designs where the facades facing residential development have the appearance of a front façade and have an architectural appearance compatible with residential areas. Such building designs and arrangements do not appear to "back-up" to residential areas;

• Non-residential buildings with service and loading areas entirely integrated into the building architecture;

• High quality and attractive landscape features that provide adequate screening or buffering and are well integrated into development design; and,

• Incorporation of existing topographic or natural features.

C. Buildings, structures, and parking areas should be designed and located within the Mixed Use Development in ways that conserve unique natural, historic, or cultural features, and reflect the character desired by the City's Master Plan.

D. The physical relationship of buildings and other site improvements to one another and to the surrounding public streets, as created by building size, mass, height, shape, and setback, shall result in a harmonious development within the Mixed Use Development and adjacent to it.

E. The bulk of buildings within the proposed development shall be compatible with the surrounding development and sufficiently buffered from the surrounding development, when integration with surrounding development is not desired, to mitigate any undue adverse impact(s).

F. The setback of all buildings from the perimeter of the Mixed Use Development shall be specified on the General Development Concept.

(3) Landscaping, Screening, and Buffering.

A. The pattern of landscaping shall be coordinated in design and type of materials, mounding and fencing used. Landscaping may vary in density, spacing and other treatments to reflect variations of topography, existing landscape, or land uses.

B. Appropriate buffer zones with adequate landscaping shall be provided between the proposed Mixed Use Development and adjacent areas.

(4) Public Street Access Points. The function of adjacent thoroughfares shall be maintained by limiting access points to the minimum needed and relating them to existing access points.

(5) Off-Street Parking. The layout of parking areas, service areas, and related entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the character of the Mixed Use Development and as well as those areas adjacent to the Development.

(6) Pedestrian Circulation Systems. A pedestrian circulation system shall be included and designed to provide convenient and safe pedestrian access throughout the Mixed Use Development, and to connect to neighboring developments and community facilities, if applicable. The pedestrian circulation system may include sidewalks and other walkways not located along streets.

(c) Signs. At the time of development plan review, the applicant shall submit a sign plan in conformance with the following:

(1) All signs and graphics within the Mixed Use Development shall be compatible in size, location, height, material, shape, color, and illumination.

(2) A sign plan for the entire MX shall set forth the design parameters for the entire project to ensure a consistent and comprehensive character throughout the project. The sign plan shall include the design, layout, and dimensions of all ground, window and wall signs as well as distances from rights-of-way and the type and intensity of illumination.

(3) Signs should contribute to an overall cohesive design, reflect simplicity, and avoid visual clutter.

(4) The overall design and placement of buildings should take into account the general placement of signs so that all permanent signs and their associated lighting fixtures complement the appearance and architecture of the buildings.

(5) Ground signs should be designed to relate to and share common design elements with the building(s) they are in close proximity to.

(6) The materials and colors of the sign, sign background, and sign frame should be compatible with the character of the Mixed Use Development.

(7) Due to the unusual nature of the Mixed Use Overlay District, signage, for any use located within the boundaries shown on the approved General Development Concept, may be placed anywhere within the project area even if that signage is not located on the lot containing such use.

(d) Other Applicable Zoning Regulations. Unless regulated in this Chapter or modified as provided for in Section 1169.05 , Conformity to Standards, a Mixed Use Overlay Development shall comply with the following applicable regulations:

(1) Chapter 1185, Landscaping and Screening Regulations.

(2) Chapter 1193, Sign Regulations.

(3) Section 1181.13, Lighting Regulations.

1169.13 BUILDING DESIGN GUIDELINES.

In addition to the other regulations set forth in this Chapter, the building design guidelines set forth in this Section shall apply to the exterior appearance and design of all new construction and exterior building renovations when development is occurring in conformance with an approved General Development Concept in the Mixed Use Overlay District. When reviewing a General Development Concept, the following criteria shall serve as guidelines for evaluating the schematic building designs presented with such a General Development Concept.

(a) General Criteria.

(1) The application shall enhance and improve the character of the community and be appropriate and compatible with its surroundings or in conformance with the character established for the area by the City's Master Plan.

(2) Buildings, structures, and landscaping should be designed and located on the site and be of a scale and massing to complement adjacent buildings and enhance the character of the surrounding area.

(3) Buildings are required to be placed near existing public streets to provide a sense of enclosure and definition to the public street. This criterion nevertheless recognizes that the internal portion of any site may also be developed with new streets and buildings or renovations and/or additions to existing buildings. Therefore, this internal development may be internally oriented to any new streets or driveways.

(4) Each building or unit of a multiple building development should have its own distinct identity, yet should also be compatible with adjacent units or buildings in terms of proportion, color, and materials.

(5) Where natural or existing topographic patterns positively contribute to the appearance and utility of a development, they shall be preserved and developed. Modification to topography may be permitted only when such modifications do not adversely affect surrounding property.

(6) Safe pedestrian connections shall be provided between buildings, in a multi-building development, and between principal buildings, their parking lots, and public sidewalks.

(b) Criteria for the Design of Buildings.

(1) Buildings located at street intersections and other important pedestrian or automobile entry points shall employ distinctive architectural features to distinguish these areas.

(2) If the first floor of a building contains non-residential uses, the front facade of every building shall have glazing areas, equal to fifty percent (50%) of the front facade area (measured using the total area below the second floor).

(3) Excluding the end wall of residential floors, for all upper floors, the front facade of every building shall have glazed areas equal to thirty-five percent (35%) of the total area of the front facade, with each floor being calculated independently.

(4) For any façade of the building, other than the front façade, that is visible from a private access drive, parking area, or public circulation area shall have no more than twenty (20) feet of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays, or an undulation of the building so that a pedestrian scale, rhythm, and visual interest is created.

(5) All roof-top equipment shall be enclosed in building materials that match the structure or which are visually compatible with the structure.

(6) Materials within three (3) feet of the finished grade or sidewalk shall be of a durable material to withstand pedestrian and vehicular traffic. No stucco (commonly known as "dry vit" or E.F.I.S.) or similar materials shall be permitted within three (3) feet of the finished grade.
(Ord. 89-17. Passed 5-29-18.)

1169.15 VARIATIONS TO AN APPROVED GENERAL DEVELOPMENT CONCEPT.

(a) Minor Variations. Minor variations from an approved General Development Concept may be permitted by the Planning Commission upon finding that the variations are generally in keeping with the spirit and concept of the approved General Development Concept, in accordance with the conditions required by the City Council in its approval, and in accordance with the requirements of this Chapter.

For the purposes of this Section, a minor variation shall include:

(1) Small, incidental alterations to the location or number of spaces in off-street, surface parking lots;

(2) Small, incidental construction of accessory structures;

(3) Incidental increases/decreases in the square footage of principal buildings. Any increase in the overall number of permitted dwelling units shall not be considered a minor variation;

(4) Minor alterations in the placement of dwelling units within a phase of the overall project;

(5) Minor design modifications that will have no discernible impact on neighboring properties, the public, or those intended to occupy or use the proposed development.

(b) Other than Minor Variations. All variations contained on a development plan that are outside the purview of the Planning Commission, as provided in Section 1169.15 (a), shall be reviewed by the City Council. If the City Council finds that such variations are generally in keeping with the spirit and concept of the approved General Development Concept, in accordance with any required conditions, and in accordance with the requirements of this Chapter and this Code, the City Council shall approve such variations and authorize the Planning Commission to approve the development plan. If the City Council is unable to make such a finding, such variation(s) shall be submitted and reviewed as set forth in Section 1169.15 (c), Amendments to a General Development Concept.

(c) Amendments to a General Development Concept. Amendments to a General Development Concept, whether by the original applicant or subsequent applicants, shall be submitted and reviewed in accordance with procedures for a zoning amendment as set forth in Chapter 1135, Amendments.

1171.01 INTENT.

The Service Manufacturing District (SM) and its regulations are established in order to achieve, among others, the following purposes:

(a) To promote the most desirable land use and traffic patterns in accordance with the objectives of the City of Rocky River Master Plan;

(b) To provide services and manufacturing use classifications and districts in appropriate, convenient areas for distribution, servicing and the production of goods and services for the entire community.

(c) To protect residential neighborhoods adjacent to non-residential uses by regulating the types of establishments, particularly at the common boundaries, that would create congestion, noise or other objectionable influences;

1171.03 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1171.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Development Code have been met;

(b) Conditional Uses. A use listed in Schedule 1171.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1183 have been met, according to the procedures set forth in Chapter 1131, Conditional Use Certificates;

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1171.03 shall be permitted provided that the requirements of all other City ordinances and this Development Code have been met.

(f) Schedule 1171.03 Permitted Uses.

Schedule 1171.03 Permitted Uses in Service Manufacturing District
	SM Service Manufacturing District (a)
(1) Offices and Services
A. Administrative, business and/or professional office	P
B. Animal hospital/clinic	P
C. Animal boarding facility (with no outside run/kennel)	P
D. Car wash	P
E. Cleaning establishments - laundry, carpet, other cleaning services	P
F. Medical/dental office	P
G. Medical/dental/health services clinic	P
H. Sales of new lumber & other building materials	P
(2) Industrial Sales, Supplies and Repair
A. Repair establishments such as electrical and household appliances	P
B. Equipment Service	P
C. Wholesale sales & distribution, indoor	P
(3) Storage and Distribution
A. Self storage facility, indoor	P
B. Warehousing	P
(4) Automotive/Transportation
A. Motor vehicle body shop	P
B. Vehicle repair garage	P
(5) Manufacturing, Processing, Research and Assembly
A. Construction trade, contractor’s facility	P
B. Food and drink preparation, processing and storage	P
C. Manufacturing, light	P
D. Scientific research, development, training & testing facility	P
(6) Community Facilities/Other
A. Public safety facility	P
B. Public service/maintenance facility	C
C. Utility substation/distribution facility, indoor	C
D. Wireless telecommunication facility	See Chapter 1191
(7) Accessory Uses
A. Accessory building (b)	A
B. Fences and walls (b)	A
C. Off-street parking and loading facilities	A
D. Signs (c)	A
Notes to Schedule 1171.03: (a) All activities associated with the permitted use, except off-street parking and loading, shall be carried on within entirely enclosed buildings, unless otherwise specifically permitted in this Code. No noise, smoke, glare, vibration, or odor shall be detected outside such buildings. (b) See Section 1171.13, Accessory Use Regulations. (c) As further regulated by Chapter 1193, Sign Regulations.
P = Use permitted by right C = Conditional use A= Accessory use

1171.05 LOT REGULATIONS.

(a) Lot Requirements. The minimum lot requirements for permitted uses in the Service Manufacturing District shall be as specified in Schedule 1171.05, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses.

(b) Schedule 1171.05 Lot Requirements in Service Manufacturing District.

Schedule 1171.05 Lot Requirements in Service Manufacturing District
	SM Service Manufacturing

(1) Minimum Lot Area	1 acre
(2) Minimum Lot Width	0 feet
(3) Maximum Lot Coverage by Buildings	35%

1171.07 SETBACK REQUIREMENTS.

(a) Setback Requirements. Every permitted use of land and all buildings and structures shall be located on a lot in a manner that maintains the required setback from a right-of-way as well as the required side and rear setbacks as set forth in Schedule 1171.07, measured from the appropriate lot line, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, for conditional uses. The area within the setbacks shall remain unobstructed by structures except as otherwise permitted in this Code.

(b) Schedule 1171.07. Minimum Building Setbacks.

Schedule 1171.07 Minimum Building Setbacks
	SM Service Manufacturing
(1) Minimum Setback from Street Right-of- Way	75 feet (a)
(2) Setback from Side Lot line abutting non-residential dist.	15 feet
(3) Setback from Rear Lot line abutting non-residential dist.	15 feet
(4) Setback from Side & Rear Lot line abutting residential dist.	35 feet
Notes to Schedule 1171.07: (a) Where a lot abuts a public or private street servicing a particular development and not servicing through traffic, the setback shall be thirty-five (35) feet unless shown otherwise on the Setback Map, City of Rocky River, May 12, 1975.

1171.09 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

(a) The maximum height for principal buildings or structures in the Service Manufacturing District shall not exceed thirty-five (35) feet.

(b) The maximum height of accessory building or structures shall not exceed fifteen (15) feet.

1171.11 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall conform to the regulations of Chapter 1187 and to the parking requirements set forth below:

(a) Schedule 1171.11 Minimum Parking Setbacks. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified below unless otherwise noted.

Schedule 1171.11 Minimum Parking Setbacks
	SM Service Manufacturing
(1) Minimum Setback from Street ROW	10 feet
(2) Setback from Side and Rear Lot line abutting nonresidential dist.	10 feet
(3) Setback from Side and Rear Lot line abutting residential dist.	15 feet

(b) The area within the parking setback shall be landscaped in accordance with Chapter 1185, Landscaping and Screening Regulations.

(1) Off-street loading and service areas shall be provided in compliance with the regulations in Section 1187.27 , Off-Street Loading Requirements.

(2) Loading and service areas in the Service Manufacturing District shall be located in the rear yard, unless the Planning Commission determines that placement in a side yard would lessen the impact on adjacent uses.

(3) Loading and service areas shall comply with the applicable parking setback requirements set forth in Schedule 1171.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1171.13 ACCESSORY USE REGULATIONS.

(a) Accessory Buildings. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1171.11. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the zoning district in which the parcel or lot is located.

(b) Fences and Walls. Fences and walls may be erected in the Industrial District in compliance with the requirements set forth below:

(1) Location.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within ten (10) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of way;

3. At the intersection of any two driveways.

C. All fences shall comply with Section 1181.11 , Visibility at Intersections.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron, vinyl covered chain link, or synthetic look-alike products, except as otherwise provided for in this Section.

B. No fence shall be electrified or topped with barbed or razor wire, except when permitted by the Planning Commission in order to promote public health and safety. If the Planning Commission approves such fencing, the electrified, barbed or razor wire shall be mounted at least eight (8) feet above the average grade and no more than three (3) stands of barbed or razor wire shall be permitted.

C. Only ornamental fences shall be permitted in front of a building, unless required for screening pursuant to Chapter 1185, Landscaping & Screening Regulations. The Planning Commission may permit other types of fencing in front of the building, when the applicant can demonstrate just cause for such fencing, such as security needs.

D. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(3) Height. No fence shall exceed six (6) feet in height in any rear or side yard, or exceed three (3) feet in height when located in front of a building, unless otherwise required by this Development Code.

(4) Screening and Landscaping.

A. Screening and landscaping is not required for ornamental fences.

B. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

(I) One shade tree shall be provided for every thirty (30) linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of 2.5 includes and a clear trunk height of at least six (6) feet;

(II) One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,

(III) The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.

(6) Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1127.

1171.15 LANDSCAPING AND SCREENING REGULATIONS.

Visual screening and landscape buffers shall be provided for all lots in non-residential districts in accordance with the provisions set forth in Chapter 1185, Landscaping and Screening Regulations.

1171.17 PERFORMANCE STANDARDS.

All uses shall comply with the following performance standards:

(a) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the minimum parking setbacks set forth in Schedule 1171.11 and shall be screened in accordance with the provisions set forth in Chapter 1185, Landscaping & Screening Regulations.

(b) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Chapter 1181, General Use Regulations.

(c) Outdoor Vending Machines. There shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

(d) All uses in the Service Manufacturing District shall comply with the additional performance standards in Chapter 1181, General Use Regulations.

1171.19 DEVELOPMENT PLAN REVIEW.

All uses in the Service Manufacturing District shall be permitted only after development plans have been reviewed and approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures.

1175.01 GENERAL PROVISIONS.

(a) Statutory Authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the City Council of Rocky River, State of Ohio, does ordain as follows:

(b) Findings of Fact. The City of Rocky River has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

(c) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

(8) Minimize the impact of development on adjacent properties within and near flood prone areas;

(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;

(10) Minimize the impact of development on the natural, beneficial values of the floodplain;

(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and

(12) Meet community participation requirements of the National Flood Insurance Program.

(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

(2) Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,

(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.

(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Rocky River as identified in Section 1175.01 (f), including any additional areas of special flood hazard annexed by City of Rocky River.

(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:

(1) Flood Insurance Study Cuyahoga County, Ohio and Incorporated Areas and Flood Insurance Rate Map Cuyahoga County, Ohio and Incorporated Areas both effective August 15, 2019.

(2) Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.

(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Rocky River required by Section 1175.04 (c) Subdivisions and Large Scale Developments.

Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the City Hall at 21012 Hilliard Boulevard, Rocky River, Ohio, 44116.

(g) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.

(h) Interpretation. In the interpretation and application of these regulations, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and,

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.

(i) Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Rocky River, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

(j) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 60-19. Passed 7-22-19.)

1175.02 DEFINITIONS.

Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.

Accessory structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

Appeal. A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or one hundred (100) year flood.

Base (100-Year) flood elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Coastal high hazard area. An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms or seismic sources. A coastal high hazard area is identified on a community's FIRM by the designation of zone VE.

Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Enclosure Below the Lowest Floor. See "Lowest Floor."

Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.

Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.

Fill. A deposit of earth material placed by artificial means.

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters, and/or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.

Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.

Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.

Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.

Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.

Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.

Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.

Zone V. Coastal special flood hazard area subject to a 100-year flood from velocity hazard (wave action); base flood elevations are not determined.

Zone VE and V1-30. Coastal special flood hazard area subject to a 100-year from velocity hazard (wave action); base flood elevations are determined

Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.

Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.

Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.

The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

Historic structure. Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

3. Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

Hydrologic and Hydraulic Engineering Analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:

Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.

Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.

Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 4781 of the Ohio Revised Code.

Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

Manufactured home park. As specified in the Ohio Administrative Code 4781-12-01(K), a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. Manufactured home park does not include any tract of land used solely for the storage or display for sale of manufactured homes.

National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.

New construction

Structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by Rocky River and includes any subsequent improvements to such structures.

For the purposes of determining insurance rates, structures for which the "start of construction'' commenced on or after the effective date of an initial FIRM [September 18, 1971] or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15(A)(2) as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.

Recreational vehicle. A vehicle which is:

(1) Built on a single chassis,

(2) 400 square feet or less when measured at the largest horizontal projection,

(3) Designed to be self-propelled or permanently towable by a light duty truck, and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Ohio Revised Code.

Registered Professional Engineer. A person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.

Registered Professional Surveyor. A person registered as a professional surveyor under Chapter 4733 of the Ohio Revised Code.

Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, A99 or V, VE. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".

Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.

Violation. The failure of a structure or other development to be fully compliant with these regulations.

(Ord. 60-19. Passed 7-22-19.)

1175.03 ADMINISTRATION.

(a) Designation of the Floodplain Administrator. The Building Commissioner is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

(1) Evaluate applications for permits to develop in special flood hazard areas.

(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.

(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, VE-zone construction certifications, variances, and records of enforcement actions taken for violations of these regulations.

(6) Enforce the provisions of these regulations.

(7) Provide information, testimony, or other evidence as needed during variance hearings.

(8) Coordinate map maintenance activities and FEMA follow-up.

(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

(c) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1175.01 (f), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:

(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

(2) Elevation of the existing, natural ground where structures are proposed.

(3) Elevation of the lowest floor, including basement, of all proposed structures.

(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

A. Floodproofing certification for non-residential floodproofed structure as required in Section 1175.04(e).

B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1175.04(d)(5) are designed to automatically equalize hydrostatic flood forces.

C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1175.04(i)(3).

D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1175.04(i)(2).

E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1175.04(i)(1).

F. Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1175.04(c).

G. Certification of structural design and methods of construction for VE zone construction as required by Section 1175.04(J)(1).

H. Certification of breakaway wall design, when applicable, as provided in Section 1175.04(J)(2).

(6) A flood plain permit application fee set by the Schedule of Fees adopted by the City of Rocky River.

(e) Review and Approval of a Floodplain Development Permit Application.

(1) Review.

A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in subsection (d) hereof has been received by the Floodplain Administrator.

B. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.

(f) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

(g) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:

(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

(2) For all development activities subject to the standards of subsection (j) hereof, a Letter of Map Revision.

(3) For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed Floodproofing Certificate for Non-Residential Structures completed by a registered professional engineer or architect together with associated documentation.

(h) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1175.05 of these regulations.

(i) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:

(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than twenty five hundred dollars ($2,500).

(i.2) State and Federal Development.

(1) Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.

(2) Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by Ohio Revised Code Section 1521.13. This includes, but is not limited to:

A. Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.

B. Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.

C. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.

(3) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.

A. Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.

(j) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Rocky River flood maps, studies and other data identified in Section 1175.01 (f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

(1) Requirement to Submit New Technical Data.

A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

4. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1175.04 (c).

B. It is the responsibility of the applicant to have technical data, required in accordance with subsection (j)(1) hereof, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

1. Proposed floodway encroachments that increase the base flood elevation; and

2. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to subsection (j)(1)A hereof.

(2) Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of City of Rocky River, and may be submitted at any time.

(3) Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Rocky River have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Rocky River Flood Insurance Rate Map accurately represent the City of Rocky River boundaries, include within such notification a copy of a map of the City of Rocky River suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Rocky River has assumed or relinquished floodplain management regulatory authority.

(k) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

(3) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1175.05 , Appeals and Variances.

(4) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development

(k.2) Use of Preliminary Flood Insurance Rate Map and/or Flood Insurance Study Data.

(1) Zone A:

A. Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall reasonably utilized as best available data.

B. When all appeals have been resolved and a notice of final food elevation determination has been provided in a Letter of Final Determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.

(2) Zones AE, A1-30, AH, AO, VE, and V1-30:

A. BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However,

1. Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.

2. Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.

B. If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section 1175.04(i)(2)) since the data in the draft or preliminary FIS represents the best data available.

(3) Zones B, C, and X:

A. Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, AO, VE, or V1-30. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.

(l) Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

(1) Determine whether damaged structures are located in special flood hazard areas;

(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

(3) Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.

(Ord. 60-19. Passed 7-22-19.)

1175.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.

The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 1175.01(f) or 1175.03(k)(1) and (4):

(a) Use Regulations.

(1) Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Rocky River are allowed provided they meet the provisions of these regulations.

(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.

(5) The applicant shall meet the requirement to submit technical data to FEMA in Section 1175.03 (j)(1)A.4. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by subsection (c)(4) hereof.

(d) Residential Structures. The requirements of Section 1175.04 apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 1175.03(K.2).

(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (subsection (d)(1) hereof) and construction materials resistant to flood damage (subsection (d)(2) hereof) are satisfied.

(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:

A. Be used only for the parking of vehicles, building access, or storage; and

B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or

C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.

(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of subsection (d) hereof.

(e) Nonresidential Structures.

(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (d)(1)-(3) and (5)-(8).

(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with subsection (e)(2)A. and B. hereof.

(3) Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

(f) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:

(1) They shall not be used for human habitation;

(2) They shall be constructed of flood resistant materials;

(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;

(4) They shall be firmly anchored to prevent flotation;

(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

(6) They shall meet the opening requirements of subsection (d)(5)C. hereof.

(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:

(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or

(2) They must be fully licensed and ready for highway use, or

(3) They must meet all standards of Section 1361.04 (d).

(h) Gas or Liquid Storage Tanks.

(1) Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

(2) In zones V or VE, new or substantially improved above ground gas or liquid storage tanks shall be elevated with the bottom of the lowest horizontal supporting member above BFE on the landward side of buildings.

(3) In zones V or VE, new or substantially improved underground gas or liquid storage tanks must be installed below the lowest eroded ground elevation.

(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

(1) Development in floodways.

A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

1. Meet the requirements to submit technical data in Section 1175.03 (j)(1);

2. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

3. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;

4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and

5. Concurrence of the Mayor of the City of Rocky River and the Chief Executive Officer of any other communities impacted by the proposed actions.

(2) Development in riverine areas with base flood elevations but no floodways.

A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,

B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

1. An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

2. Subsection (i)(1)B, items 1. and 3. to 5.

(3) Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:

A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with City of Rocky River specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

D. The applicant shall meet the requirements to submit technical data in Section 1175.03 (j)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

(j) Development Standards for Coastal High Hazard Area. The requirements of Section 1175.04(j) apply to development in coastal high hazard areas designated zone V or VE on the community's effective FIRM [and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 1175.03(k.2)].

(1) All new construction and substantial improvements shall be elevated on pilings or columns that may be armored as necessary to withstand Lake Erie ice forces so that:

A. The bottom of the lowest horizontal structural member supporting the lowest floor (excluding the pilings or columns) is elevated to or above the flood protection elevation, and

B. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components.

1. Water loading values shall be those associated with the base flood.

2. Wind loading values shall be those defined according to American Society of Civil Engineers 7-13 Minimum design loads and associated criteria for buildings and other structures, or current version adopted by Ohio Board of Building Standards.

3. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Section 1175.04(j)(1)A. and B.

(2) All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.

A. For the purpose of Section 1175.04(j)(2), a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot.

B. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or where so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet all of the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values shall be those associated with the base flood. Wind loading values shall be those defined according to American Society of Civil Engineers 7-16 Minimum design loads and associated criteria for buildings and other structures, or equivalent standard.

(3) All space enclosed by breakaway walls, open wood lattice-work, or insect screening below the lowest floor shall be used solely for parking of vehicles, building access, or storage.

(4) The use of fill or redistributed existing fill, placed after the initial identification of Zones V, VE or V1-30 on the community's FIRM, for structural support of buildings is prohibited.

(5) Alteration of sand dunes that will increase potential flood damage is prohibited.

(6) Placement or substantial improvement of manufactured homes must comply with Section 1175.04(j)(1) through (6).

(7) Recreational vehicles must either:

1. Be on site for fewer than 180 consecutive days;

2. Be fully licensed and ready for highway use; or

3. Comply with Section 1175.04(j)(1-6).

(Ord. 60-19. Passed 7-22-19.)

1175.05 APPEALS AND VARIANCES.

(a) Appeals Board Established.

(1) The City of Rocky River Board of Zoning and Building Appeals is hereby appointed to serve as the appeals board for these regulations as established by City Code.

(2) Records of the Appeals Board shall be kept and filed in City Hall at 21012 Hilliard Boulevard, Rocky River, Ohio.

(b) Powers and Duties.

(1) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.

(2) Authorize variances in accordance with subsection (d) hereof.

(c) Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within 14 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.

Upon receipt of the notice of appeal, the Board of Building Code Appeals shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

(1) Application for a variance.

A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.

B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.

C. All applications for variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the City of Rocky River.

(2) Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:

A. The danger that materials may be swept onto other lands to the injury of others.

B. The danger to life and property due to flooding or erosion damage.

C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

D. The importance of the services provided by the proposed facility to the community.

E. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.

F. The necessity to the facility of a waterfront location, where applicable.

G. The compatibility of the proposed use with existing and anticipated development.

H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

I. The safety of access to the property in times of flood for ordinary and emergency vehicles.

J. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(3) Variances shall only be issued upon:

A. A showing of good and sufficient cause.

B. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.

C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

D. A determination that the structure or other development is protected by methods to minimize flood damages.

E. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.

(4) Other conditions for variances.

A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection (d)(2)A. to K. hereof have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.

C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(e) Procedure at Hearings.

(1) All testimony shall be given under oath.

(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.

(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

(4) The administrator may present evidence or testimony in opposition to the appeal or variance.

(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.

(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.

(7) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

(8) The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

(f) Appeal to the Court. Those aggrieved by the decision of the Board of Building Code Appeals may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.

(Ord. 60-19. Passed 7-22-19.)

1175.06 ENFORCEMENT.

(a) Compliance Required.

(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1175.03(i).

(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with subsection (c) hereof.

(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with subsection (c) hereof.

(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:

(1) Be put in writing on an appropriate form;

(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;

(3) Specify a reasonable time for performance;

(4) Advise the owner, operator, or occupant of the right to appeal;

(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

(c) Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Rocky River. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Rocky River from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Rocky River shall prosecute any violation of these regulations in accordance with the penalties stated herein.

(Ord. 60-19. Passed 7-22-19.)

Rocky River City Zoning Code

TITLE SEVEN

Zoning District/Use Regulations

1149.01 ESTABLISHMENT OF DISTRICTS.

District	Symbol
Residential Districts
Single-Family Residential District	R-1
Two-Family Residential District	R-2
Single-family Attached District	R-3
Multi-Family District	R-4
	R-5
	R-6
Golden Age District	R-7

Business Districts
Central Business Mixed Use District	CBD
Office Districts	OB-1
	OB-2
Local Business District	LB
General Business District	GB
Service Manufacturing District	SM

Other Districts
Public Facilities District	PF
Floodway District	FW
Mixed Use Overlay District	MX

1149.03 OFFICIAL ZONING MAP.

(b) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Code.

1149.05 INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply:

(b) Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(h) All uncertainties and disputes concerning the exact location of zoning district boundaries shall be resolved by the Planning Commission according to the rules and regulations that it may adopt.

1149.07 SETBACK MAPS.

1151.01 INTENT.

(a) To provide a proper zoning classification and district for the prevailing and future governmental, civic, welfare and recreational facilities in proper locations;

(b) To assure that such facilities shall be compatible with adjoining residential uses;

(c) To provide regulations and criteria to protect such public and semi-public facilities and institutions from encroachment and injury; and,

(d) To provide an environment for the proper functioning of public facilities in relation to the Master Plan and Community Facilities Plan.

1151.03 USE REGULATIONS.

(f) Schedule 1151.03 Permitted Uses.

Schedule 1151.03 Permitted Uses in Public Facilities District
	PF Public Facilities District
(1) Community Facilities
A. Administrative government offices	P
B. Cemetery	P
C. Civic Center	P
D. Medical/Healthcare facility	P
E. Library, Cultural institution	P
F. Place of worship/church	P
(2) Educational Facilities
A. School (public/private) elementary/secondary	P
B. School (public/private) college/university	P
(3) Recreation/Other
A. Golf course	P
B. Marina	P
C. Public park, public playground	P
(4) Other
A. Public safety facility	P
B. Wireless telecommunication facility	See Chapter 1191

(5) Accessory Uses
A. Accessory building or structure(a)	A
B. Fences and walls(a)	A
C. Off-street parking and loading facilities	A
D. Outdoor Storage	A
E. Signs(b)	A
F. Day care facility, adult and/or child	A
Notes to Schedule 1151.03: (a) See Section 1151.13, Accessory Use Regulations. (b) As further regulated by Chapter 1193, Sign Regulations.
P = Use permitted by right C = Conditional use A= Accessory use Blank Cell = Use not permitted in district

(Ord. 48-09. Passed 5-24-10.)

1151.05 LOT REGULATIONS.

(b) Schedule 1151.05 Lot Requirements in Public Facilities District.

Schedule 1151.05 Lot Requirements in Public Facilities District

	PF Public Facilities
(1) Minimum Lot Area	None
(2) Minimum Lot Width	0 feet
(3) Maximum Lot Coverage by Buildings	20%

1151.07 SETBACK REQUIREMENTS.

(b) Schedule 1151.07. Minimum Building Setbacks.

Schedule 1151.07 Minimum Building Setbacks
	PF Public Facilities
(1) Minimum Setback from Street Right-of- Way	(a)
(2) Setback from Side & Rear Lot line abutting non-residential dist.	15 feet
(3) Setback from Side & Rear Lot line abutting residential dist.	75 feet
Notes to Schedule 1151.07: (a) Each lot shall have and maintain a minimum setback from a street right-of-way in compliance with the Setback Map, City of Rocky River, May 12, 1975.

1151.09 HEIGHT REQUIREMENTS.

Buildings and structures shall comply with the following height regulations:

(b) When adjacent to a non-residential district, the maximum height for principal buildings or structures shall not exceed thirty-five (35) feet.

(d) The maximum height of accessory building or structures shall not exceed fifteen (15) feet.

1151.11 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall conform to the regulations of Chapter 1187 and to the parking requirements set forth below:

Schedule 1151.11 Minimum Parking Setbacks
	PF Public Facilities
(1) Minimum Setback from Street ROW	20 feet (a)
(2) Setback from Side and Rear Lot Line abutting nonresidential dist.	10 feet
(3) Setback from Side and Rear Lot line abutting residential dist.	25 feet (a)
(a) The Planning Commission may permit the reduction of this setback to ten (10) feet when such reduction would be consistent with surrounding development or the character of the street.