Seven Hills City Zoning Code

CHAPTER 917

Rockside Road South Planned Unit Development District

917.01 ZONING DISTRICT PURPOSE.

(a) Purpose and Intent. Rockside Road South Planned Unit Development District ("Rockside Road PUD District") regulations apply, consistent with Article XIV, Section 7 of the City's Charter, to the development of certain land located in the City of Seven Hills south of Rockside Road and east of Crossview Road as depicted on the map on file with the City Engineer and are intended to encourage flexibility, innovation, and creativity in site and development design by allowing the mixing of permitted and complementary uses and/or modification or variation from otherwise applicable zone district and development standards. In the Rockside Road South PUD District, the mixing of office, residential, commercial, governmental, and retail uses shall be permitted.

(1) Net Economic Benefit. A primary purpose and consideration of this PUD district is the creation of a Development Plan that supports a net economic benefit to the City derived from future income tax and property tax revenues along with any other revenue derived from the development. Any PUD project approved under this Chapter shall include a land use mix and other development elements that will provide a net positive revenue for the City versus the cost to service said development as evidenced by the required Economic Analysis report to be submitted by the applicant and accepted by the City.

(b) PUD Plan Flexibility. These PUD regulations provide for flexibility in the site design and building design to assist in satisfying the stated PUD intent and goals and to recognize unique project characteristics that may exist. All development in the Rockside Road South PUD District is expected to deliver exceptional quality while preserving critical environmental resources, provide above average amenities, incorporate creative design in the layout of buildings, open space, and circulation, assure compatibility with surrounding land uses and upscale character, and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure.

(1) Phased Development. Because of the large scale and complex nature of a planned unit development, this Zoning Code recognizes that development of such infrastructure and improvements may take several years and be conducted in parts or phases during which time initial approvals and rights shall remain in full force and effect subject to the restrictions provided in this Chapter.

(2) Because of the special characteristics of planned unit developments, unique provisions governing the development of land for this purpose are required. It is the intent of this Chapter for a PUD project to conform to the applicable Zoning Code requirements. However, there may be instances when City Council may approve a PUD plan which deviates from one or more applicable Zoning Code requirements in order to achieve the purpose, intent and goals set forth in this Chapter. Whenever there is a conflict or difference between the provisions of this Chapter and those of the other Chapters of the City's Codified Ordinances or other Ordinances of the City of Seven Hills, the provisions of this Chapter shall prevail. Subjects not covered by this Chapter shall be governed by the respective provisions found elsewhere in the City's Codified Ordinances.

(Ord. 03-2025. Passed 2-11-25.)

917.02 LAND USES.

(a) Permitted Land Uses. The permitted uses in the Rockside Road South PUD District, consistent with Article XIV, Section 7 of the City's Charter, shall include office and other commercial, retail, residential, and governmental uses, with elderly care facility, senior residence facility, and owner-occupied attached cluster and town homes being permitted uses, or any combination of the foregoing, and uses accessory thereto or compatible therewith as such accessory or compatible uses may be determined by City Council, all subject to the express standards, restrictions and conditions of this Chapter. The list of permitted uses in this PUD district is set forth in Section 907.06.

(1) City Council shall approve all the proposed land uses within a PUD. Any land use not specifically approved with the Final PUD Development Plan, but is proposed to be included at a later time, shall be processed as a Major PUD Plan modification as provided in Section 917.06.

(2) Permitted Residential Uses. Any non-owner occupied residential dwelling units located in the Rockside Road South PUD zoning district shall be located on upper floors of a building. In no instance shall any non-owner occupied residential dwelling unit be located on a first (ground) floor or a basement floor with a partial walk-out entrance due to sloping topography. If a walk-out design is proposed, the walk-out level shall be considered a basement and shall not be deemed the "ground level."

(3) "Elderly care facility" shall mean the buildings and uses permitted in the Senior Residence Care zoning district.

(4) "Senior residence facility" shall mean the buildings and uses permitted in the Senior Residence Care zoning district.

(b) Prohibited Land Uses. Prohibited uses in the Rockside Road South PUD District, consistent with Article XIV, Section 7 of the City's Charter, include the following uses: "big box" retail; free-standing fast food; automotive sales, service and repair; free standing multi-unit residential buildings containing more than two (2) units; and the prohibited uses found in Section 907.04(e) of this Zoning Code. The following land use definitions shall only apply to the Rockside Road South PUD zoning district.

(1) The term "big box" means a structure where the ground floor area that a single retail user can occupy is more than 40,000 square feet.

(2) The term "fast food" means an establishment serving food with drive-through or drive-up service, not including an establishment whose principal business is the sale of coffee or other non-alcoholic beverages, donuts or other baked goods. Drive-up service does not mean carry-out or to-go service as an accessory use to the principal operation of a restaurant with in-restaurant consumption of food. The term "free standing" pertaining to fast food means a "fast food" establishment or establishments constituting in the aggregate more than twenty percent (20%) of the ground floor of any structure.

(3) The term "free standing multi-unit residential building" means a residential building in which a majority of the space in the building is for residential uses and shall not mean the following:

A. Any fee simple multiple attached cluster or town home uses;

B. Elderly care facility or senior residence facility (each as defined above) buildings or uses;

C. A mixed use building in which the residential uses are above first floor commercial, retail or office uses; or

(c) Phasing of Residential Construction. The PUD Development Agreement shall set forth any conditions related to the phasing of site development or building construction.

(1) No construction activity may occur on any residential dwelling unit until all, or a portion of, the approved non-residential building(s) have first commenced construction.

(Ord. 03-2025. Passed 2-11-25.)

917.03 PRELIMINARY PUD DEVELOPMENT PLAN REVIEW PROCEDURE.

(a) Pre-Application Meeting. Prior to submitting an application for a Preliminary PUD Development Plan pursuant to this Chapter, an applicant shall contact the Clerk of Council in writing to request a joint meeting of City Council and the Planning Commission to occur within fourteen (14) calendar days following such request to discuss the proposed plan for development and the purpose, intent, objective, scope and requirements of this Chapter.

(1) No opinions, suggestions or recommendations discussed with or provided to the applicant at such meeting shall be relied upon by the applicant as a guarantee or other indicator of subsequent specific action on an application. The Clerk of Council shall notify the following of the date and time of the meeting: the applicant, City Council and Planning Commission members, the Mayor, Law Director, Building Commissioner, City Engineer, Fire Chief, Police Chief, Service Director, and City Planner.

(b) Planning Commission Review. The application for approval of the Preliminary PUD Development Plan shall be submitted to the City Building Commissioner and reviewed by the Planning Commission in accordance with the City Charter, the PUD standards of review, Chapter 925 and any other applicable regulation or requirement found in this Zoning Code.

(1) When an application for a Preliminary PUD Development Plan has been reviewed by the Planning Commission, it shall be submitted to the Clerk of Council with a report and recommendation for approval, approval with conditions, or denial. If the recommendation by the Planning Commission is approval with conditions or disapproval, then the Planning Commission's recommendation shall be accompanied with the detailed reasons and rationale for the recommendation.

(2) The Planning Commission shall provide a separate recommendation of approval, denial or approval with conditions of the submitted economic analysis report as part of the Preliminary PUD Development Plan review.

(1) Within thirty (30) calendar days after receipt by the Clerk of Council of the Planning Commission's report and recommendation, City Council shall conduct a public hearing on the PUD application.

(2) Following the Public Hearing and no later than thirty (30) calendar days after the Public Hearing is closed, City Council shall consider the application for the Preliminary PUD Development Plan, the submitted economic analysis report, the Planning Commission's report and recommendation, the PUD standards of review, and the evidence from any public hearing and take final action by either approving, approving with conditions, or disapproving the application for the Preliminary PUD Development Plan and submitted economic analysis report.

(3) A vote of six (6) members of City Council shall be required to approve any application for a Preliminary PUD Development Plan which the Planning Commission has by formal action recommended be disapproved.

(4) If the City Council approves with conditions, or disapproves the application, City Council shall state the reasons, including the application's noncompliance with the Code and the basis for the recommended conditions or disapproval.

(d) Expiration of an Approved Preliminary PUD Development Plan. Once approved by City Council, the Preliminary PUD Development Plan shall (1) be binding on the owner, successors, heirs and assigns, and (2) may be revised and amended only if submitted pursuant to and approved consistent with Section 917.06. An approved Preliminary PUD Development Plan shall be valid for a period not to exceed two (2) years from the date of said City Council approval.

(1) PUD Extension Request. If a Final PUD Development Plan for all or any portion or phase of such Preliminary PUD area has not been submitted consistent with the requirements of this Chapter prior to the second (2nd) anniversary of the original date of City Council Preliminary PUD Development Plan approval, the applicant may submit a PUD extension request to City Council requesting no more than one (1) extension period not to exceed one (1) additional year. City Council shall consider each PUD extension request on a case-by-case basis.

(e) Planned Unit Development Standards of Review. The following standards of review shall apply to both Preliminary and Final PUD Development plans, as applicable.

(1) The proposed uses shall be consistent with the planning goals, policies, and objectives as provided in this Chapter.

(2) The Preliminary and Final PUD Development Plan shall contain uses that are permitted by this Chapter and such uses may be mixed within the Rockside Road South PUD District or within a single structure located in the Rockside Road South PUD District.

(3) Recognizing the physical characteristics of property in the Rockside Road South PUD District, and the needs of an applicant for flexibility, the project contemplated in a PUD Development Plan may be developed in phases or parts in multiple development areas as further provided herein.

(4) The residential density and permitted uses within the Rockside Road South PUD District shall be as established in the approved Preliminary and Final PUD Development Plans.

(5) Development within the Rockside Road South PUD District shall be governed by the following: (a) this Chapter and the Design Standards set forth herein; (b) any other applicable requirement or regulation found in this Zoning Code; (b) approved Preliminary PUD Development Plans; and (c) an approved Final PUD Development Plans relating to such development.

(6) All approved Preliminary PUD Development Plans and Final PUD Development Plans shall reflect all uses, and in particular, the residential density and permitted uses within the applicable project in the Rockside Road South PUD District.

(7) All Preliminary and Final PUD Development Plans shall be complementary to the common plan in meeting the thirty-five (35) acre requirement set forth in Section 917.07 of this Chapter which has been approved pursuant to this Chapter.

(Ord. 03-2025. Passed 2-11-25.)

917.04 PRELIMINARY PUD DEVELOPMENT PLAN SUBMITTAL REQUIREMENTS.

(a) No development or construction activity, including tree/vegetation removal or grading, on property in the Rockside Road South PUD District shall be permitted until a Final PUD Development Plan for such property has been approved in accordance with this Chapter, except that tree/vegetation removal and grading may be permitted upon proper application and approval as set forth below.

(b) Tree and Vegetation Removal Application. Prior to approval of a Final PUD Development Plan, an application for approval and permit for tree/vegetation removal to be conducted on all or part of the property identified as being the Preliminary PUD Development Plan area in a preliminary plan which has been approved pursuant to this Chapter prior to the effective date of this Chapter, may be submitted to the Building Commissioner prior to April 1, 2017, or if the applicant obtains a special permit allowing for tree removal between April 1, 2017 and October 20, 2017 from the U.S. Fish and Wildlife then in such event an application to the City for tree removal may be made no later than October 1, 2017, and shall include the following information and shall be accompanied by the required fees:

(1) Such application for tree and vegetation removal, review and approval shall be subject to the provisions set forth in City Codified Ordinance Section 707.051, as applicable, except that Section 707.051(d) shall not apply; and

(2) Such application for tree/vegetation removal shall include the following:

A. Copies of final U.S. Army Corp of Engineer permits required of applicant; and

B. Letter of recommendation for approval from Cuyahoga Soil & Water Conservation District; and

C. A Stormwater Pollution Prevention Plan (SWP3); and

D. A cash or surety bond, in such form as approved by the Law Director, in favor of the City, in the amount of Five thousand dollars ($5,000), signed by the owner of the premises upon which the tree removal is to be conducted and each of the persons or other legal entities with whom arrangements have been made for the timbering of trees. The bond shall not be returned or released until such time as all provisions of this Chapter and all conditions of the permit have been satisfactorily complied with, as determined by the Building Commissioner, including, but not limited to, clean-up operations and erosion control measures; and

E. Such other plans, specifications, detailed descriptions, and information which may be required by the City Engineer and Building Commissioner for proper review of such application(s); and

(3) The tree removal which may be approved hereunder shall mean tree clearing to include removing the rooting system, and grubbing as the term grubbing is defined in the Ohio Department of Natural Resources Rainwater and Land Development Manual, 2006 edition, to include roots, stumps and brush. Further the following major activities will be permitted as approved by the City Engineer: a temporary construction entrance, temporary control measures, sediment control basins, and stripping and stockpiling or hauling off site of topsoil (Topsoil may be stripped to a maximum depth of eighteen (18) inches of material.); and

(4) The Building Commissioner shall approve, approve with conditions or disapprove such application within seven (7) working days after receipt of such application and the plans, specifications, detailed descriptions, and information required by the City Engineer and Building Commissioner for proper review of the application. If the application is disapproved, the reasons for such denial shall be provided in writing to the applicant; and

(5) Upon approval of an application, including conformance to all conditions of approval, if any, the Building Commissioner shall issue the permit for tree removal. No work shall commence until the permit has been issued. Any permit issued hereunder shall become void unless the work authorized by it shall have commenced within thirty (30) days after its issuance or if work authorized by such permit is suspended or abandoned for a period of ninety (90) days after the time work is commenced. For the purpose of this section, the permit holder must demonstrate a minimum of twenty-four (24) labor hours performed weekly on the project to qualify as continuous work.

(c) Preliminary PUD Development Plan Contents. An application for approval of a Preliminary PUD Development Plan shall include the following information and shall be accompanied by the required fee:

(1) Survey or engineering drawings of the Preliminary PUD Development Plan area evidencing, if applicable under Chapter 925, the minimum thirty-five (35) acres.

(2) Narrative description of the proposal including how the development contemplated by such Preliminary PUD Development Plan is consistent with this Chapter, and shall specifically set forth details of any plan for preceding with the development in phases, or developing the area covered by the Plan, in phases.

(3) Proposed parcels contained within the Preliminary PUD Development Plan area including parcel lines, parcel numbers, and dimensions.

(4) The locations and height of proposed buildings and land uses within the Preliminary PUD Development Plan. The amount of land area dedicated for each type of land use shall be indicated. Calculations of density and open space area shall be indicated.

(5) Preliminary interior open space, including calculation of the area of such open space.

(6) Location of existing and proposed public and private streets, parking, pedestrian walkways, storm water management facilities and sanitary sewer, water and other utility lines and facilities where such lines and facilities first enter the Preliminary PUD Development Plan.

(7) Minimum peripheral setbacks and buffer zones around the perimeter of the Preliminary PUD Development Plan area and evidence necessary to show compliance with the applicable setback and buffer requirements in this Zoning Code.

(8) Location of all existing structures located within the Preliminary PUD Development Plan, and within twenty-five (25) feet of the boundary of the proposed Preliminary PUD Development Plan area.

(9) Contact information and proof of ownership or of a contract, option or agreement showing control of the property.

(10) Location, type and size of any easements, covenants, deed restrictions and other restrictions proposed or recorded.

(11) List of all required federal, State, County and City permits and the status of those applications.

(12) A delineation of all wetlands within the Preliminary PUD Development Plan.

(13) A traffic study relating to the Preliminary PUD Development Plan following the requirements set forth in Section 925.09.

(14) A topographic survey of the area included in the Preliminary PUD Development Plan.

(15) A detailed economic analysis report showing how the PUD project's proposed land use mix, and other elements of the Development Plan, are projected to create a net positive economic impact for the City. The Planning Commission shall provide the applicant with the key components to be included in the economic analysis report based upon applicant's specific proposal.

(16) Any additional information reasonably deemed necessary by the Planning Commission.

(Ord. 03-2025. Passed 2-11-25.)

917.05 FINAL PUD DEVELOPMENT PLAN SUBMITTAL AND REVIEW PROCEDURE.

(a) Final PUD Development Plan Submittal Requirements.

(1) Applicant shall submit a completed Final PUD Development Plan set and accompanying data at a level of detail suitable for construction plan design purposes and based upon the applicable plan contents required under Section 917.04.

(2) The Final PUD Development Plan set shall incorporate any edits as part of the Planning Commission's Preliminary PUD Development Plan recommendation.

(b) Planning Commission Review.

(1) Following approval of an application for the Preliminary PUD Development Plan, an applicant may submit for an application for approval of a Final PUD Development Plan for all or any part or phase of the development contemplated by such Preliminary PUD Development Plan, provided that the approval for the Preliminary PUD Development Plan approval has not expired.

(2) An application for a Final PUD Development Plan shall be submitted to the City Building Commissioner and reviewed by the Planning Commission consistent with the City Charter, this Chapter, the PUD standards of review, Chapter 925 and any other applicable regulation or requirement found in this Zoning Code.

(3) When an application for a Final PUD Development Plan has been reviewed by the Planning Commission, it shall be submitted to the Clerk of Council with a report and recommendation for approval, approval with conditions, or disapproval.

(4) The performance guarantee set forth in Section 925.03(b) is not applicable to any private improvements.

(1) Within thirty (30) calendar days after receipt by the Clerk of Council of the Planning Commission's report and recommendation, City Council shall conduct a public hearing on the application.

(2) Following the Public Hearing and no later than thirty (30) calendar days after the Public Hearing is closed, City Council shall consider the application for the Final PUD Development Plan, the Planning Commission's report and recommendation, the PUD standards of review, and the evidence from any public hearing and take final action by either approving, approving with conditions, or disapproving the application for the Final PUD Development Plan.

(3) A vote of six (6) members of Council shall be required to approve any application for a Final PUD Development Plan which the Planning Commission has by formal action recommended be disapproved. If the City Council approves with conditions, or disapproves the application, City Council shall state the reasons, including the application's non-compliance with the Code and the basis for the recommended conditions or disapproval.

A. Consideration of the Final PUD Development Plan shall include the required PUD Development Agreement.

(4) Once approved by City Council, the Final PUD Development Plan (1) shall be binding on the owner, successors, heirs and assigns and (2) may be revised and amended only if submitted to and approved consistent with Section 917.06.

(d) PUD Development Agreement.

(1) The City shall draft a PUD Development Agreement detailing various elements of the proposed PUD development, including, but not limited to:

A. Operational details of the proposed land uses for the site.

B. Site inspection and project construction phasing details.

C. Off-site and on-site infrastructure improvements required to be installed by the applicant.

D. The required economic analysis report shall be incorporated into the PUD Agreement.

(2) Development Agreement Procedure.

A. The PUD Development Agreement shall ultimately be approved, approved with conditions or denied as part of the Final Development Plan review with City Council.

B. Full execution of the PUD Development Agreement by the applicant and the City shall be required as a condition of approval for the Final PUD Development Plan by City Council.

C. The applicant shall be responsible for recording the PUD Development Agreement document, along with any attachments, at applicant's expense with the Cuyahoga County Recorder's office.

(Ord. 03-2025. Passed 2-11-25.)

917.06 PUD PLAN MODIFICATION PROCEDURE.

(a) Modification to an Approved Preliminary or Final PUD Development Plan. Before or during the site development construction phases, it may become apparent that certain elements of an approved PUD are not feasible and are in need of modification. These plan modification requirements shall apply to both an approved Preliminary PUD Development Plan or approved Final PUD Development Plan. An applicant must submit the revised PUD Development Plan to the Building Commissioner following the procedure set forth in this Section.

(1) Minor PUD Plan Modification. The Building Commissioner shall review the request for plan modification and determine if the nature and scope of the proposed changes are minor or major. If the Building Commissioner determines that the requested modification is minor and does not impact any provision in the PUD Development Agreement and if such change is consistent with the purposes and general character of the originally approved Preliminary or Final PUD Development Plan, then the Building Commissioner may approve or deny the proposed modifications.

A. The Building Commissioner may determine, for any reason, that the requested modification shall be processed as a major PUD plan modification.

(2) Major PUD Plan Modification. If the Building Commissioner determines that the requested modification is major, then the applicant shall repeat the procedural steps set forth in either Sections 917.03 and 917.04 for a Preliminary PUD Development Plan and Section 917.05 for a Final PUD Development Plan, as applicable.

A. Examples of requested plan changes that may constitute a major PUD Plan modification include, but are not limited to the following: changes in lot lines or development area, development densities, site access, proposed new land use, and any other major modification deemed to require a new review to determine conformance to the original intent of the approved Preliminary or Final PUD Development Plan.

(3) Amended PUD Development Agreement. In the event the requested modifications impact the approved PUD Development Agreement, any modified plan approval by City Council may also include a condition that the PUD Development Agreement be amended as needed.

A. Any approved amendment to the PUD Development Agreement shall be executed by both the City and the applicant.

B. The applicant shall record the approved amended Agreement with the Cuyahoga County Recorder's Office.

(Ord. 03-2025. Passed 2-11-25.)

917.07 MINIMUM PUD DEVELOPMENT AREA.

(a) Except as provided in the following paragraph, the minimum development area for the submission of a Preliminary PUD Development Plan shall be not less than an aggregate of thirty-five (35) acres of contiguous land located within the Rockside Road South PUD District. Such development area may be bisected by publicly dedicated rights-of-way, private streets, or green spaces as long as all parcels within the development area are controlled or owned by a person, an entity, or group of persons or entities acting individually or jointly, and is to be developed under a common plan in accordance with this Chapter.

(b) Supplemental Plan Area. Any person or entity, or group of persons or entities acting individually or jointly, owning or controlling land in the Rockside Road South PUD District that consists of fewer than an aggregate of thirty-five (35) contiguous acres (a "Supplemental Plan Area") may only submit a Preliminary PUD Development Plan for such Supplemental Plan Area after a Preliminary PUD Development Plan for thirty-five (35) or more acres contiguous to such Supplemental Plan Area is approved in accordance with this Chapter, and approval of that Preliminary PUD Development Plan for the Supplemental Plan Area shall not be affected by the subsequent expiration, withdrawal or amendment of the Preliminary PUD Development Plan for thirty-five (35) acres.

(1) If the approval for a Preliminary PUD Development Plan complying with the thirty-five (35) acre requirement upon which a Preliminary PUD Development Plan relating to a Supplemental Plan Area may be based has expired in accordance with this Chapter, then no Preliminary PUD Development Plan for a Supplemental Plan Area may be submitted after such expiration. (Ord. 03-2025. Passed 2-11-25.)

917.08 RESIDENTIAL BUFFER ZONE.

(a) If the Rockside Road South PUD District is to contain commercial uses, a Residential Buffer Zone ("RBZ") shall be required separating such uses from residential uses existing as of January 1, 2006. The RBZ may only contain residential, elderly care, senior residential, townhome, cluster, and/or governmental uses and accessory uses for any use permitted in the Rockside Road South PUD District such as parking, streets, bike trails, sidewalks, parks, open space, storm water management, and other uses.

(b) The RBZ shall consist of the fifty (50) feet adjacent to any residential property line or residential use that existed as of January 1, 2006 unless such residential property line or residential use is or becomes part of an approved Preliminary PUD Development Plan or Final PUD Development Plan under this Chapter.

(Ord. 03-2025. Passed 2-11-25.)

917.09 PUD DESIGN GOALS.

(a) PUD Design Goals and Purpose. The following PUD design goals and purpose are established in conjunction with this Chapter to help guide and control the planning, development, and use of land in the Rockside Road South PUD District and for the following purposes:

(1) To promote design qualities that contribute to the overall character of the surrounding area and that create a signature streetscape and unified sense of place;

(2) To improve the form, function and relationship between buildings, site design elements, open spaces, and rights-of-way with context-based design solutions.

(3) To foster a complementary mix of land uses that support each other, promote multiple purpose trips, and encourage positive growth.

(4) To allow and promote an appropriate concentration of uses to create economic viability while also being compatible to surrounding areas, especially adjacent residential neighborhoods.

(5) To conserve and integrate environmentally sensitive resources into the design of the development when appropriate.

(6) To promote and enhance the public realm as the primary physical asset of the community by placing a priority on design standards for areas that impact public rights-of-way, public or common open spaces, or any other physically prominent aspect of the community.

(b) Building Design Goals.

(1) Connect buildings and public spaces to the broader built environment, through consistent orientation and use of design elements applied across adjacent lots and throughout neighborhoods and districts.

(2) Create consistent, well-designed building frontages along streets and other public or community spaces with pedestrian scale design elements and "permeable" buildings and facades.

(3) Include uniform application of basic design qualities and materials on all sides of buildings and encourage architectural diversity appropriate to a site's immediate context.

(4) Screen, minimize, or otherwise remove building elements dedicated to loading and mechanical equipment, vehicle access, or other intensive services from prominent positions on streetscape or from adjacent property.

(1) Design development sites consistent to the overall plan for the city, surrounding development patterns, applicable zoning districts, adjacent streetscape design, and building types and adjacent uses.

(2) Integrate safe, convenient, and comfortable internal and external circulation patterns for pedestrians, bicycles, and vehicles.

(3) Promote shared parking opportunities in order to minimize unnecessary parking.

(4) Discourage vehicular areas from dominating the design of the site.

(5) Encourage the development of pedestrian connections that foster formal and informal interaction and convenient access to businesses; and,

(6) Design and orient parking lots so that undesirable features are located in the most discrete locations.

(Ord. 03-2025. Passed 2-11-25.)

917.10 PUD DESIGN STANDARDS.

(a) Design Standard Applicability. The design standards in this Section apply to all uses. When these standards are in conflict with other use standards specified for a particular use, those other specified standards shall take precedence.

(b) Building and Site Design Standards.

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

(2) All sides of a building open to view by the public from a public right of way (excluding parking garages or facilities) shall display a similar level of architectural quality, and shall be subdivided and proportioned using architectural features such as windows, entrances, arcades, awnings, or other such features.

(3) Whenever feasible, buildings shall be designed to provide massing configurations with a variety of different wall planes. Monolithic structures with long, monotonous walls and roof plane surfaces are prohibited.

(4) Each building facade shall incorporate design elements approximately every thirty (30) horizontal feet, such as changes in color or texture; projections, recesses, and reveals; arcades or pergolas providing pedestrian interest; or equivalent elements that subdivide the wall into human scale proportions.

(5) For non-residential uses, a minimum of 60% of the street-facing façade between two (2) feet and eight (8) feet in height shall comprise clear windows that permit views into the interior of the building and/or product display areas.

(6) Building facades shall have highly visible customer service entrances. Primary entrances should face and be visible from the street on which they are located and shall be directly accessible and visible from the sidewalk

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

(8) Loading docks, service entries, and back-of-house areas shall be located on building facades that do not face a public or private street. When this is not feasible, they shall be designed in a manner that blends in or complements the building materials and design and shall be screened from view with landscaping, fencing, and/or walls.

(9) Dumpster enclosures shall be located away from view from public and private streets, and shall be screened by a durable material that is consistent with the building material used on the principal structure. The screen walls shall be at least six feet in height or at least one (1) foot above the height of the dumpster, whichever is taller. The fourth side of the trash enclosure shall be screened with an opaque gate that is the same height as the screen walls. Bollards shall be installed at the enclosure opening to prevent damage to the screen walls or gate. Chain link fences are not permitted as screening materials for dumpster enclosures. The dumpster shall be placed on a concrete pad and a concrete approach to the dumpster shall be provided in accordance with good engineering practice. Also see Section 929.08.

(10) No building or addition constructed in the Rockside Road South PUD District shall be designed with or modeled after franchisor formula-based architecture, unless the Planning Commission and City Council determine that the franchise architecture is consistent with the intent of the district guidelines, does not create visual inconsistencies with surrounding areas or structures, and will enhance the character and business climate of the area.

(11) Rooftop mechanical housing and equipment may extend up to ten (10) feet above the maximum height limit and shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building, consistent with Chapter 917.11(d), Height Encroachments.

(12) Buildings shall have well defined rooflines with attention to architectural detail. Consideration should be given to the prevailing pattern of roofs in the area surrounding and within the district. Parapets shall enclose flat roofs, a minimum of twelve (12) inches high, or as required to conceal mechanical equipment from view.

(13) Utility Standards. All utilities, including cable television, telephone, gas and electrical systems shall be constructed underground within the "RR-PUD" zoning district, provided that the appurtenances to these systems may be located above ground but shall be effectively screened.

(1) Building materials on primary façades shall be limited to brick, stone, cast stone, and architectural concrete masonry units (ACMU), stucco, metal siding/panels, fiber cement siding/panels, or other similar architectural grade materials.

(2) Street facing walls shall be of same material as primary façade.

(3) Non-public street facing walls may include the partial use of exterior insulated and finish systems (EIFS), integrally colored concrete and/or architectural precast concrete. Exposed "as-cast" concrete is not permitted, except for use in parking structures, loading docks, retaining walls or other similar elements. This lower durability material must be elevated above the ground plane a minimum of two (2) feet and may not constitute more than sixty percent (60%) of the entire facade.

(d) Building Setback Standards. Except as otherwise provided for in this Zoning Code, there are no setback standards within the Rockside Road South PUD District.

(1) Zero lot lines and grouping of buildings on a single parcel shall be considered acceptable.

(2) Appurtenances to structures including, but not limited to, awnings, canopies, and blade (hanging wall) signs can extend into the right of way of public streets within the Rockside Road South PUD District where elevated at least nine (9') feet above the walking surface.

(e) Minimum Street and Parking Space Standards.

(1) Two-way streets within the Public Right of Way: twenty-four feet zero inches (24'-0") wide with optional eight feet zero inches (8'-0") wide parallel parking spaces (measured to the face of curb) on either side. Parallel parking spaces are twenty-two feet (22') long.

(2) One-way streets within Public Right of Way: Sixteen feet zero inches (16'-0") wide with optional eight feet zero inches (8'-0") wide parallel parking spaces (measured to the face of curb) on either side. Parallel parking spaces are twenty-two feet (22') long.

(3) The minimum permitted turning radius at intersections within the Right of Way of the Rockside Road South PUD District shall be thirty feet zero inches (30'-0").

(4) Parking spaces shall be a minimum of eight feet six inches (8'-6") wide x eighteen feet zero inches (18'-0") long for reserved residential spaces and a minimum of nine feet zero inches (9'-0") wide by eighteen feet zero inches (18'-0") long for commercial transient parking spaces, except for parallel parking spaces. Drive aisles in parking garages and lots shall be a minimum of twenty-two feet zero inches (22'-0") wide.

(5) The minimum width of a public road Right of Way is sixty (60) feet.

(f) Lighting Standards.

(1) The applicable lighting regulations set forth in Section in 924.07 shall be satisfied.

(2) All outdoor lighting fixtures shall be fully shielded and/or full cutoff and aimed straight downward.

(g) Landscape Design Standards.

(1) A landscaping plan shall be submitted for the entire site.

(2) All land areas which are not developed or otherwise improved shall be appropriately landscaped or shall be left in their natural state.

(3) Street trees shall be provided adjacent to all public and private streets. Trees shall be planted approximately every forty (40) lineal feet and may be clustered or strategically spaced to ensure proper view corridors for commercial tenants as long as the number of trees is not sacrificed.

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

(5) Landscaping should be designed and constructed to promote onsite water management and infiltration through the use of native plants and porous landscape detentions, swales, and filter strips.

(6) When facing a public way, off-street vehicular use areas with more than twelve (12) parking spaces shall provide vehicular use area perimeter screening that consists of a continuous thirty (30) inch high screen consisting of an earth mound or plantings, hedge, decorative wall, or any combination thereof.

(7) Service structures shall be screened from view from all adjacent properties and public and private streets. For the purposes of this Section, service structures shall include, but are not limited to, dumpsters and transformers, but do not include water meter pits and fire hydrants.

(8) Screening of service structures shall be a continuous one hundred percent (100%) opacity, planting, hedge, fence, wall, or earth mound that encloses the service structure and complements the materials and character of the building architecture. The height of the screen shall be at least one (1) foot above the height of the service structure, but shall not be required to exceed ten (10) feet in height.

(h) Mixed-Use Building and Site Design Standards

(1) Minimum Openings.

A. For non-residential uses, a minimum of forty percent (40%) of the street-facing façade below ten (10) feet in height shall be comprised of clear windows that permit views into the interior of the building and/or product display areas.

B. Above the first floor of a building, a minimum of twenty-five percent (25%) of the primary façade shall be occupied by window or door openings.

(2) Exterior Building Materials.

A. Exterior materials for all mixed-use use buildings shall conform to the general character of the Planning Area, and to the context of surrounding buildings.

B. Exterior building materials on primary façade shall be limited to brick, stone, cast stone, ACMU, stucco, metal siding/panels, fiber cement siding/panels, glass or other similar architectural grade materials.

C. Street facing walls shall be of same material as primary façade.

D. Non-street facing sidewalls and rear walls may include the partial use of exterior insulated and finish systems (EIFS), integrally colored concrete, and/or architectural precast concrete. This lower durability material must be elevated above the ground plane a minimum of two (2) feet and may not constitute more than sixty percent (60%) of the entire facade.

(3) Service Areas.

A. All service areas and loading docks shall be located on a discrete façade.

B. Any service areas and equipment or loading docks that are visible from adjacent property shall be screened.

(4) Rooftop Equipment. Any rooftop equipment shall be screened from view of the adjacent public streetscape or other public or common open spaces by a parapet or screen wall, consistent with Section 917.11 and any other applicable height regulation set forth in this Zoning Code.

(5) Public Spaces. The design of mixed-use development areas and other publicly accessible areas shall include spaces for public gathering, use and enjoyment of amenities and spaces available to the public within any Preliminary Development Plan.

(6) Pedestrian Access and Circulation. All lots, blocks or development sites shall include direct pedestrian connections and circulation routes at the same or greater frequency as is provided by streets, driveways, and internal access streets. Generally, at a minimum, pedestrian access and circulation shall provide dedicated pedestrian facilities directly connecting each of the following:

A. All public entrances of all buildings and on-site public parking areas;

B. The public sidewalk on adjacent streets or internal access streets within a public right of way;

C. Required public open space and other public site amenities; and

D. All portions of the sidewalk within a public right of way, other than the crosswalk, shall be dedicated to pedestrians only and separated from vehicle surfaces by grade.

(i) Residential Use Design Standards.

(1) Applicability. The residential use standards found in this Section shall apply as follows:

A. All site design regulations shall apply to all sites with a residential use.

B. All building design regulation shall apply to any site with a front building line less than eighty (80) feet from the front lot line.

C. Upper Story Residential Dwellings. Any residential dwellings proposed to be located on a second floor, or higher, in any building shall provide for a non-residential land use mix for the entirety of the first floor area of each respective building.

(2) Single Family Structures.

A. Exterior Building Materials. Permitted exterior building wall materials shall include: veneer brick, cultured stone, cast stone, ACMU, exterior-grade wood, cement fiberboard siding, stucco and EIFS.

B. Foundation Wall Materials. Permitted foundation wall exterior materials shall include: veneer brick, stone, cast stone, ACMU, or poured concrete provided it is cast-in-place with patterned formwork.

C. Attachments.

1. Chimneys on street facing walls shall be brick, stone, cast stone, ACMU, or stucco over concrete masonry.

2. Porch decking shall be exterior-grade wood, except for unfinished pressure-treated wood which is not permitted, wood composite or pre-cast concrete and be at least six (6) feet deep. Porches can project into a front yard up to ten (10) feet.

3. Front stoops shall be exterior-grade wood, except for unfinished pressure-treated wood which is not permitted, brick, stone, stucco, or the foundation material.

4. Decks, other than those located at the rear of the building, shall be exterior-grade wood, except for unfinished pressure-treated wood which is not permitted, or composite materials.

5. Railings, other than those located at the rear of the building, shall be exterior-grade wood, except for unfinished pressure-treated wood which is not permitted, composite materials, cast metal or aluminum.

6. Front walks shall be concrete or masonry pavers, and connect to a sidewalk or driveway.

(3) Multi-Family Structures.

B. Foundation Wall Materials. Permitted foundation wall exterior materials shall include: veneer brick, stone, cast stone, ACMU, or poured concrete, provided it is cast-in-place with patterned formwork.

C. Attachments.

1. Chimneys on street facing walls shall be brick, stone, cast stone, ACMU or stucco over concrete masonry.

2. Front stoops shall be exterior-grade wood, except for unfinished pressure-treated wood which is not permitted, brick, stone, stucco, or the foundation material.

3. Decks, other than those located at the rear of the building, shall be exterior-grade wood, except for unfinished pressure-treated wood which is not permitted, or composite materials

4. Railings shall be exterior-grade wood, composite materials, cast metal or aluminum.

5. Garages. On multi-family structures with four (4) or fewer units, all garages shall be accessed from a rear lane or, if front-facing, garage must be set back fifteen (15) feet from building frontage.

(j) Sign Standards. A sign package for the Rockside Road South PUD District shall be submitted for review and approval by the Planning Commission. The sign package shall be reviewed in conjunction with the Final PUD Development Plan or following the approval of the Final PUD Development Plan and shall include standards for monumental entrance signs, individual business signage, directional signs, and other applicable signs that may be requested by the owner or owner's representative.

(1) Exposed neon signs or lighting shall be prohibited.

(Ord. 03-2025. Passed 2-11-25.)

917.11 BUILDING HEIGHT STANDARDS.

(a) Building Height. Building height shall be measured from the average grade to the top of the ridge of a gable, hip, mansard or gambrel roof or to the highest point of roof surface of a flat roof, as the case may be.

(1) Average grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the side of the building facing a Residential Buffer Zone ("RBZ") boundary at the property line bordering existing single family residential homes.

(2) If a lot slopes downward from the property line adjacent to existing single-family residential homes, then any applicable building in the Rockside Road South PUD District may have a building height in excess of the below specified maximum when measured from the side facing the interior of the district. See the diagram below.

Height Limitation Diagram

(b) Height Plane.

(1) Buildings in the Rockside Road South PUD District shall include a height transition between such buildings and adjacent existing single-family residential homes. Taller elements of such buildings shall increasingly step back from adjacent existing single-family residential homes.

(2) The height of a building in the Rockside Road South PUD District shall be measured on the side of a building facing a RBZ boundary at the property line bordering existing single family residential homes and shall utilize a height plane.

(3) Except as otherwise permitted in this Section 917.11, a building cannot extend into a forty-five (45)-degree angular plane projected inward over the property upon which a building is located measured from existing grade at the property line bordering existing single family residential homes.

(1) Buildings in the Rockside Road South PUD District shall not exceed thirty-five (35) feet in height unless the height of such buildings comply with the height plane limitations set forth in this and as depicted in the following Height Limitation Diagrams (3C and 3D) below:

A. If the existing grade at the proposed building is higher than the grade at the property line, then the height plane shall be measured from the higher existing grade, as depicted on The Height Limitations Diagram (3D) below.

Height Limitations Diagrams

(2) Buildings in the Rockside Road South PUD District shall not exceed the following height limitations for each use and location, as shown by the following Height Limitations by Location and Use Charts and Height Limitation by Use Drawing:

Height Limitations by Location and Use Charts

Height Limitations by Location	Ht. Zone	Max. Bldg. Ht.
Distance from Rockside Road R.O.W.	50' to 950'	90'
Distance from southerly height line to southerly line of PUD	951' to southerly line of PUD	60'

Height Limitations By Use	Max. Bldg. Ht.
Hotel, Office	90'
Residential-Mixed Use	65'
Senior Living (Elderly Care Facility, Senior Residence Facility)	60'
Residential	40'

Height Limitations by Use Diagram

(d) Height Encroachments. Any applicable height encroachment not listed in this Section is prohibited except where the Planning Commission determines that such encroachment is similar to a permitted encroachment listed below.

(1) The following may exceed the established height limit of the proposed building provided they are not intended for human occupancy or contain conditioned space, they do not cover more than ten percent (10%) of the top floor roof area to which they are accessory, and they do not exceed the maximum height by more than ten (10') feet:

A. Roof mounted or roof piercing chimneys, flues or vent stacks, cooling towers, elevator bulkheads, mechanical penthouses, stacks, stage towers, parapet walls, solar collectors, wind turbines, or rainwater collection systems, rooftop deck railings, patio or shade structures, vegetation associated with rooftop gardens or landscaping, water towers, radio or television antenna, flagpoles, spires, steeples, belfry, cupolas, domes, or public utility facilities which by design or function must exceed the established height limits. (Ord. 03-2025. Passed 2-11-25.)

917.12 SETBACK REQUIREMENTS AND OFF-STREET PARKING.

(a) Buildings and off-street parking shall be designed, constructed and maintained, in whole or in part, with the following setbacks from adjacent property lines not in the Rockside Road South PUD District:

	Building Setback (ft.)	Parking Setback
(1) In a RBZ Adjoining residential use within a First Residential District (i.e., those single family residential uses that are located outside Rockside Road South PUD District area as of the effective date of this PUD Ordinance)	30	10
(2) In a RBZ Adjoining residential use within the Rockside Road Development District (i.e., those single family residential uses that are located within the Rockside Road South PUD District area as of the effective date of this PUD Ordinance but are not included in an approved Preliminary or Final Development Plan)	10	10
(3) Setback from Crossview Road R.O.W	50	10
(4) Setback from Rockside Road R.O.W	50	10

NOTE: There shall be no setback requirements from internal streets/rights-of-way within the Rockside Road South PUD District. Off-street parking shall be based upon an independent demand study and shared parking analysis provided by the applicant. Such independent professional study shall analyze the maximum peak residential commercial, office and retail uses and may allow an overlap based on shared parking analysis principles. On-street parking may be permitted and included in the parking ratio calculations based upon the site layout and as part of the Final Development Plan approval.

The total number of parking spaces shall be incorporated into the Final PUD Development Plan. If the applicant proposes parking less than the minimum standards set forth below, the City may engage an independent professional analysis of the applicant's parking study in arriving upon the final agreed parking requirements which are incorporated into the Final Development Plan.

The following parking ratios shall be permitted as provided in the following Parking Ratio Chart:

Retail
Free-standing (not shared)	4.00/1000 sf
In-line tenants	3.75/1000 sf
Anchors (greater than 30,000 sf)	3.25/1000 sf
Restaurants
Free-standing (not shared)	13.0/1000 sf
In-line	12.0/1000 sf
Entertainment
Clubs/Assembly (not shared)	20.0/1000 sf
In-line	10.0/1000 sf
Office
Free-standing (or integrated and greater than 26% of *GLA)	4/1000 sf
Integrated (less than 25% of retail GLA)	1/1000 sf
Health Club
Free-standing (not shared)	3.5/1000 sf
Integrated	3/1000 sf
Integrated but sharing with office spaces	1/1000 sf
Hotel
Rooms (not shared)	1/key
Conference (meeting rooms only)	12/1000 sf
Integrated but sharing with office spaces	20 spaces
Residential (multi-family)
1-2 bedrooms	1.5/unit or 1 bedroom
3+ bedrooms	2.0/unit

*GLA - Gross Leasable Area is the total floor area designed for tenant occupancy and exclusive use.