South Euclid City Zoning Code

TITLE THREE

Commercial District Regulations

CHAPTER 734 Off-Street Parking and Loading Regulations (Repealed)

EDITOR’S NOTE: Chapter 734 was repealed by Ordinance 05-12, passed July 23, 2012. Please see Chapter 772 for provisions regarding parking.

CHAPTER 735 Sign Regulations

EDITOR'S NOTE: Chapter 735 was repealed by Ordinance 15-01, passed September 22, 2003. See Chapter 770 for provisions regarding "Signs".

CHAPTER 738 Cedar Center District (Repealed)

EDITOR’S NOTE: Chapter 738 was repealed by Ordinance 24-25, passed October 13, 2025.

730.01 COMMERCIAL AND BUSINESS OBJECTIVES.

The primary purposes of this Planning and Zoning Code are to encourage proximity in the development of compatible and related uses of land and buildings and to discourage development of uses which are incompatible or detrimental to each other and to adjacent areas.

(a) District regulations are established in this Title to carry out the purposes which are stated in Title One and especially to achieve the following objectives:

(1) To provide sufficient but not excessive land area for the business and commercial needs of the community.

(2) To foster the continuation of commercial, business and similar establishments now present within the community in conformity with recognized and reasonable standards in order that they be compatible with the primarily residential character of the community.

(3) To allow, where appropriate, for the expansion and development of commercial, business and similar uses, thereby meeting future needs within the community for such activities.

(4) To prohibit commercial, business and similar development which would create conditions detrimental to the public health, safety and general welfare and which would be incompatible with and detrimental to adjacent and surrounding uses, by regulating and controlling the types of commercial uses which would create hazards, noise, odors or other objectionable influences.

(5) To insure the availability of suitable areas for commercial, business and similar uses by discouraging any undesirable mixture of unrelated uses in such areas.

(6) To protect permitted development from congestion by limiting the bulk and density of development in relation to adjacent buildings and available land, by requiring sufficient off-street parking and loading facilities and by requiring buffers and screening to protect adjacent areas from objectionable influences.

(7) To promote the most desirable use of land and buildings in accordance with a well considered plan in order to stabilize residential and business development and enhance property values.

(8) To encourage the tendency of business to group in centers for the mutual advantage of customers and commercial establishments.

731.01 RESIDENCE-OFFICE (R-O) DISTRICTS.

In order to maintain the predominantly residential character of the City and to integrate compatible business uses, the following uses are permitted in a Residence-Office (R-O) District. Residential uses in this District shall conform to all regulations set forth in Title Two -Residential District Regulations.

(a) Residential. The specific uses, restrictions, and limitations permitted in the Title Two -Residential District shall be determined and governed by the residential zoning directly abutting the proposed residential use and accessory uses.

(b) Business. Professional, administrative, medical office buildings and accessory uses including an accessory ethical pharmacy, provided that such ethical pharmacy has no outdoor advertising with the following restrictions.

(1) Permitted businesses within existing residential structure, the structure and accessory uses shall be governed by the existing residential zoning regulations.

(2) New building or other structures, including off-street parking shall give particular consideration to the design and layout of the development to ensure that:

A. The design of new business buildings or other structure within the proposed development compliment the residential character and are located so as to reduce any adverse impacts on and to protect the residential character of areas adjacent to the development.

B. 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.

C. Buffer zones with adequate landscaping of suitable shrubbery and trees are to be provided between the business of the development and adjacent residential areas.

(3) All new buildings, structures, and parking areas shall comply with the setback requirements set forth below.

A. No new building or other structure or use shall be located in any yard area, which is within 45 feet of the right-of-way line of any public street. Unless both adjacent lots with existing structures are closer than 45 feet, the new structure may align with such existing buildings for front setback.

B. A front yard landscaped buffer strip zone within the development shall be a minimum of 25 feet in width and abut the public sidewalks.

C. A rear yard landscaped buffer zone within the development shall equal 10% of the total square footage of the development. A reduction of the rear yard buffer zone, not to exceed 1%, may be permitted provided that the actual square footage of the required 25 foot landscaped buffer strip zone exceeds 14% of the total square footage of the development.

D. A side yard landscaped buffer zone within the development shall be implemented when a business is located adjacent to a residential structure.

(Ord. 39-08. Passed 10-27-08.)

731.02 LIMITED COMMERCIAL (C-1) DISTRICTS.

The following permitted retail establishments in a Limited Commercial (C-1) District are established for retail business functions which are primarily for the convenience of the individual consumer:

(a) Shops for custom-made convenience goods and nondurable articles to be sold only at retail on the premises, provided that no more than five persons shall be engaged in such shops and no work shall be done on the premises for retail outlets elsewhere.

(b) Retail sales of goods and the provision of commercial services when such activities are conducted wholly within enclosed buildings, including:

(1) Food stores;

(2) Eating and drinking establishments, including the sale of alcoholic beverages, but excluding places offering dancing or other entertainment and drive-thru restaurants as defined in Section 710.08;

(3) Stores selling retail drugs, gift items, flowers, periodicals, books, tobacco, nicotine, and related products as an accessory to other retail items, and sporting goods;

(4) Stores selling retail household hardware, tools, paint, garden supplies, household appliances and interior furnishings and finishings;

(5) Stores selling general retail merchandise such as dry goods, wearing apparel, shoes and hats, but excluding small box discount retail, as defined in Section 710.08;

(6) Cultural and educational institutions such as beauty colleges and dance, art or music studios.

(c) Personal service establishments such as beauty salons, barber shops, pet care shops, health spas, clothing apparel repair shops, laundry and cleaning service counters;

(d) Banks, savings and loan institutions and securities sales offices, including accessory drive-up windows, provided that these facilities are equal in number to the number necessary to offer simultaneous service to no more than two vehicles per establishment and provided that the service directed to the vehicles is offered as a convenient, rather than as an essential, operation of the establishment. Each drive- up station shall provide a waiting lane to hold at least eight automobiles on site;

(e) Off-street parking facilities operated for the use of the general public;

(f) Accessory uses;

(g) All uses permitted in a Residence-Office (R-O) District, except all uses permitted in Title Two - Residential District; and

(h) Similar uses as provided in Section 762.09.

(Ord. 39-08. Passed 10-27-08; Ord. 14-23. Passed 12-11-23; Ord. 01-24. Passed 9-8- 25; Ord. 02-24. Passed 1-13-25.)

731.03 GENERAL COMMERCIAL (C-2) DISTRICTS.

The following permitted retail establishments in a General Commercial (C-2) District are established to serve the comprehensive retail needs of the individual consumer. The sale or storage of goods in outdoor areas is limited to those products finished for final use by the consumer.

(a) All uses permitted in a Limited Commercial (C-1) District;

(b) Commercial establishments whose essential operations may depend upon outdoor sales and storage, such as:

(1) Automobile service stations and automobile, motorcycle, recreational vehicle, trailer or boat repair shops. New and/or used automobile, motorcycle, recreational vehicle, trailer or boat vehicle sales are not permitted.

(2) Establishments for the sale of nursery stock, garden supplies and equipment and monuments;

(c) Restaurants not of drive-in nor drive-thru type, bars, taverns and eating establishments which provide dancing or entertainment;

(d) Hotels and motels;

(e) Funeral homes;

(f) Indoor recreational establishments such as bowling alleys and movie theaters;

(g) Accessory uses; and

(h) Similar uses as provided in Section 762.09.

(Ord. 22-21. Passed 1-24-22; Ord. 02-24. Passed 1-13-25; Ord. 01-24. Passed 9-8-25.)

731.04 SPECIAL COMMERCIAL (C-3) DISTRICTS.

The following permitted retail establishments in a Special Commercial (C-3) District are established to serve the special retail needs of the City taking into account special and unique problems affecting the public safety and welfare of the community. The sale or storage of goods in outdoor areas is limited to those products finished for final use by the consumer.

(a) Drive-in restaurants serving food and nonalcoholic beverages; and

(b) Similar uses as provided in Section 762.09.

(Ord. 01-24. Passed 9-8-25.)

731.05 ADULT BOOK STORES AND MOVIE THEATERS; LIVE ADULT ENTERTAINMENT.

(a) Adult Book Stores. For the purpose of this section, "adult book store" means an establishment having, as a substantial and significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, or any establishment with a segment or section devoted to the sale or display of such material.

For the purpose of this section:

(1) "Specified sexual activities" means:

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of human masturbation, sexual intercourse or sodomy; or

C. Fondling or other erotic touching of human genitals, the pubic region, a buttock or a female breast.

(2) "Specified anatomical areas" means less than completely and opaquely covered:

A. Human genitals, the pubic region, a buttock or a female breast below a point immediately above the top of the areola; and

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(b) Adult Movie Theaters and Adult Mini-Motion Picture Theaters.

(1) For the purpose of this section, "adult movie theater" and "adult mini- motion picture theater" shall be defined as follows:

A. "Adult movie theater" means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

B. "Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(2) For the purpose of this subsection, "specified sexual activities" and "specified anatomical areas" shall be as defined in paragraphs (a)(1) and (2) hereof.

(1) For the purpose of this section, "live adult entertainment" means an establishment used for presenting material involving the actual presence of real people presenting a performance distinguished or characterized by an emphasis on depiction or enactment of specified sexual activities or specified anatomical areas for observation by patrons therein, and which excludes minors by virtue of their age.

(2) For the purpose of this subsection, "specified sexual activities" and "specified anatomical areas" shall be as defined in paragraphs (a)(1) and (2) hereof.

(d) Incompatibility With Other Uses. In order to protect minors, no adult book store, live adult entertainment establishment, adult motion picture theater or adult mini-motion picture theater shall be operated or located within 500 feet from an existing residential use or Residential Zoning District, or a public or private school, church, public library, playground, recreation or community center, child care institution or child day care home.

(e) Proximity of Adult Entertainment Uses to Each Other. In addition to the above restrictions, in no event shall any two adult entertainment establishment uses, including live adult entertainment establishments, adult motion picture theaters, adult mini-motion picture theaters and adult book stores, be within 1,000 feet of each other.

731.06 SALE OF GASOLINE AND/OR MOTOR VEHICLE FUEL FROM PREMISES AT WHICH ALCOHOLIC BEVERAGES ARE SOLD OR OFFERED FOR SALE; PENALTY. (REPEALED)

(EDITOR’S NOTE: Section 731.06 was repealed by Ordinance 06-18, passed May 14, 2018)

732.01 GENERAL PRINCIPLES.

Recognizing that various multiple-family uses are desirable within the commercial area of the City and that various facilities and utilities are essential for serving the commercial area as well as the City, yet have characteristics which may be detrimental to and incompatible with uses in the Commercial Districts or surrounding residential areas if not properly developed, the Planning Commission shall determine that in each case the minimum standards, hereinafter set forth for each use, are achieved. In addition, it shall be determined that each use so permitted shall be in general accord with the overall development objectives of the City and shall not adversely affect the value of adjacent or neighboring property, create undesirable traffic congestion or other hazards or otherwise impair the safety and general welfare of the residents of the City.

732.02 CONDITIONAL USES.

(a) In General. The following uses or facilities may be located within a C-1, C-2 or C-3 Commercial District:

(1) Public and institutional facilities, including:

A. Churches, synagogues, parish houses, rectories, monasteries and convents;

B. Public and parochial schools;

C. Institutions for human care, including hospitals, clinics, sanitariums, convalescent homes, nursing homes, homes for the aged, philanthropic institutions and elderly day care centers;

D. Institutions for higher education, including colleges, universities, dormitories and trade or business schools;

E. Government-owned and/or operated buildings or facilities. Parking requirements for public and quasi-public facilities are as scheduled in Section 772.18, Table 1; and

F. Child-care institutions, including day nurseries, orphanages, special training schools, type-A family day care homes and child day care centers.

(2) Multiple-family residential uses, provided that the following specific conditions are met:

A. The multiple-family use must be within a building that is not a free-standing residential only building, but instead must be part of a commercial building;

B. The multiple-family use within a commercial building shall be confined to the floors above the permitted commercial use on the first floor;

C. There must be adequate parking to accommodate both the permitted commercial and multiple-family residential uses;

D. The multiple-family parking shall be separated so as not to disrupt the parking patterns for the patrons of the commercial establishment;

E. The multiple-family residences must have a separate entrance from the commercial use;

F. The multiple-family use shall not disturb or disrupt the functioning of the building as a commercial use;

G. Commercial signs and lighting shall be arranged so as not to cause a disturbance to the residential tenants within the building;

H. The commercial building shall conform to all yard, building height, and loading regulations set forth in the Commercial District regulations;

I. The commercial building shall conform to all landscaping and parking regulations as set forth in Chapter 771 and 772, respectively; and

J. Each multiple-family dwelling unit shall contain a minimum area of 500 square feet.

(3) Public utility uses, such as high-voltage transmission lines and towers, substations and telephone exchanges, provided that:

A. A set of plans, specifications and plot plans, and a statement setting forth the need and purpose of the installations, are filed with the Planning Commission;

B. Proof is furnished to the Planning Commission that the proposed installation in a specific location is necessary for the convenient and efficient operation of the public system, or for the satisfactory and convenient provision of service by the utility to the City or to the area in which the particular use is to be located; and

C. The design of any structure in connection with such facility conforms to the general character of the area in which it is proposed to be located and will in no way adversely affect the safe and comfortable enjoyment of property rights of residents of the zone in which it is located. Adequate and attractive walls and other safety devices will be provided in conjunction with such use and sufficient landscaping, including trees, shrubs and lawn, will also be provided.

(4) Specialty retail establishments:

A. Shops that sell tobacco, smoking accessories, nicotine, and nicotine accessory products including electronic tobacco and/or nicotine items as its principal product and not as an accessory to other retail items, shall be a conditional use.

B. Drive-in and drive-thru restaurants as defined in Section 710.08 shall be a conditional use within the C-2 and C-3 Commercial Districts. Existing drive-thru restaurants, as defined in Section 710.08, will be subject to conditional use approval to maintain use as a drive-thru should the operator of the business change. Both said restaurant uses are not permitted within the C-1 Commercial District.

C. Small Box Discount Retail as defined in Section 710.08 shall be a conditional use within the C-2 and C-3 Commercial Districts and cannot be within 5,000 feet of a similar use. Small Box Discount Retail is prohibited within the C-1 District.

(b) Uses or Facilities in R-O Districts. The following uses or facilities may be located in a Residence-Office (R-O) District, provided they conform to the conditions set forth in Sections 722.02 and 722.03:

(1) Public and institutional facilities, including:

A. Churches, synagogues, parish houses, rectories, monasteries, convents and cemeteries;

B. Public and private schools, including colleges, universities and dormitories;

C. Child-care institutions, including day nurseries, orphanages, special training schools, type-A family day care homes and child day care centers;

D. Private recreational club facilities, such as golf, tennis and swimming facilities;

E. Libraries and museums;

F. Government offices;

G. Hospitals, nursing homes, convalescent homes and homes for the aged; and

H. Welfare centers, settlement houses and health centers.

(2) Banks, savings and loan institutions and securities sales offices provided that these facilities abut on more than one street. Accessory drive-up facilities are conditionally permitted provided they are not attached to primary structure and provide a waiting lane of at least eight automobiles on site.

(3) Public utilities.

(Ord. 42-10. Passed 9-26-11; Ord. 05-12. Passed 7-23-12; Ord. 11-18. Passed 7-23-18; Ord. 14-23. Passed 12-11-23; Ord. 02-24. Passed 1-13-25; Ord. 01-24. Passed 9-8-25.)

732.03 TATTOO AND BODY PIERCING BUSINESSES.

(a) Definitions.

(1) "Board of Health" means the Cuyahoga County Board of Health.

(2) "Body pierce," "body pierced," or "body piercing" refer to any method of invasive penetration of the skin for decorative purposes, including ear piercing except when the ear piercing procedure is performed with an ear piercing gun.

(3) "Building Commissioner" shall mean the administrative official charged with the duty of administering the regulations of this section, which promote the health, safety, and welfare of the citizens of the City of South Euclid.

(4) "Business" means any entity that provides tattoo and/or body piercing services.

(5) "Certificate of Occupancy" shall mean written approval from the Building Commissioner, or his/her authorized representative, that said tattooing and/or body piercing establishment has been inspected and meets all terms of this section.

(6) "Conditional use permit" shall mean a permit approved by Council pursuant to Chapter 762 of these Codified Ordinances.

(7) "Ear piercing gun" means a mechanical device that pierces the ear by forcing a disposable single-use stud or solid needle through the ear.

(8) "Health Officer" shall mean a duly authorized employee of the Division of Environmental Health for the Cuyahoga County Board of Health.

(9) "Operator" shall mean any individual, firm, company, corporation or association that owns or operates an establishment where tattooing and/or body piercing is performed, and/or any individual who performs or practices the art of tattooing and/or body piercing on the person of another.

(10) "Tattoo," "tattooed," or "tattooing" refer to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles and/or any other instruments designed to touch or puncture the skin.

(11) "Tattoo parlor and/or body piercing establishment" means the location wherein tattooing and/or body piercing is performed.

(b) Location Requirements. The location for a tattoo parlor or body piercing establishment shall be governed by the following provisions:

(1) Separation. No such use shall be established within 1,000 feet of a daycare center, preschool, elementary or secondary school, public library, church, outdoor or indoor playground, and public or nonprofit recreation center or community center.

(2) Spacing. No such use shall be established within 1,000 feet of another such use.

(3) Appeals. The Board of Zoning Appeals may recommend approval of an application which does not meet the regulations of this section if, after public notice and hearing, the Board determines that the proposed use, by virtue of its nature and location, will not adversely affect nearby residential areas or other protected uses listed in paragraph (1) hereof. Should the Board approve such an application, the applicant will still be subject to the conditional use process defined in Chapter 762 of the Codified Ordinances.

(c) Tattoo and Body Piercing Business as Conditional Use; Permit Required. A tattoo and/or body piercing business is hereby classified as a conditional use which may be permitted in the following City zoning districts: C-2 (General Commercial), C-3 (Special Commercial), M-1 (Limited Manufacturing), and M-2 (General Manufacturing), in accordance with the corresponding standards and requirements of the Planning and Zoning Code. A conditional use permit issued pursuant to Chapter 762 of these Codified Ordinances shall be required in order to operate a tattoo parlor and/or body piercing business; said permit shall be effective for as long as the holder of the permit remains in operation and in compliance with the conditions listed in the permit. Said permit shall be automatically voided shall there be a change in ownership of the tattoo parlor or body piercing business. The new owners will be required to go reapply through the conditional use process in order to operate. When applying or reapplying for conditional use, the applicant shall provide a floor plan illustrating the proposed operation, a site plan indicating all on-site improvements, if any, a plan to comply with the requirements of Chapter 772 "Parking" and any additional information as requested by the Building Commissioner, Planning Commission, or City Council. A tattoo parlor or body piercing business shall be classified as a nonretail service for the purposes of calculating the parking space requirements. Notification of a public hearing held by the Planning Commission shall be given by the Secretary to all real properties within 500 feet of the property line of the parcel upon which the conditional use is requested. Said notice shall be by first class mail, postage prepaid.

(d) Permit Requirements.

(1) It shall be unlawful for any person to engage in the business of operating a tattoo parlor and/or body piercing establishment without first obtaining a conditional use permit to engage in such business in accordance with the provisions hereof.

(2) In addition to obtaining a conditional use permit, an annual Certificate of Occupancy shall be required in accordance with Chapter 1607 of the Codified Ordinances.

(3) A tattoo parlor and/or body piercing establishment shall not be operated as a home occupation.

(4) A copy of valid Cuyahoga County Board of Health tattoo and/or body piercing license is required prior to issuance of a conditional use permit, occupancy permit, and renewed occupancy permit.

(5) The provisions of R.C. Chapters 3730 and 3734 regulating tattooing and body piercing in the State of Ohio shall be applicable along with the provisions of this chapter.

(e) Establishment Requirements. Each person, firm, or corporation who operates a tattooing or body piercing establishment within the City of South Euclid shall comply with the following requirements:

(1) Tattooing and body piercing room.

A. The room in which tattooing and body piercing is done shall have an area of not less than 100 square feet. Each room in which tattooing or body piercing is performed shall accommodate only one customer at a time. The walls and floors shall have impervious, smooth, and washable surfaces, and shall not be subject to public view.

B. Toilet facilities shall be located within the tattoo parlor or body piercing establishment and shall be accessible at all times during operating hours. The lavatory(ies) shall have hot and cold running water, soap, and single use towels available at all times.

C. All tables and other equipment shall be constructed of impervious materials, with smooth, washable surfaces, and shall be separated from waiting customers or observers. No procedure may be performed in public view.

D. The entire premises and all equipment shall be maintained in a clean, sanitary condition and in good repair. Sufficient spotlight illumination shall be used to highlight the area to be tattooed or pierced.

E. A minimum of forty foot candles of light must be provided at the level where tattooing is being performed.

(2) Preparation and procedure for tattooing or body piercing.

A. Written inquiry shall be made of the customer for a history of the following conditions: jaundice or hepatitis, swelling of the lymph nodes, AIDS or positive HIV test, skin disease or skin cancer at the site, hemophilia, allergies or anaphylactic reaction to dyes. Any individual indicating a history of any of the above shall not be tattooed nor have their body pierced.

B. Any individual who is inebriated or obviously under the effect of alcohol and/or drugs shall not be tattooed or have their body pierced.

C. The operator shall engage in proper hand washing and wear a clean, new pair of disposable gloves for each new customer.

D. Tattooing shall not be performed on the hands below the waist line, on the feet below the ankle line, on genitalia, scrotum or in the anal area. Tattooing shall not be undertaken over the site of a recent hypodermic injection.

E. Single service razors, safety razors, and straight edge razors are to be used in preparation for the procedure and must be properly discarded after use.

F. The area of the body to be tattooed or pierced shall first be thoroughly washed with warm water to which an antiseptic liquid soap has been added.

G. Petroleum jelly in a collapsible metal or plastic tube shall be used on the area to be tattooed and it shall be applied with a sterile gauze, tissue, or paper towel.

H. The use of styptic pencils, alum blocks, other solid styptic to check the flow of blood is prohibited.

I. Single service containers, pigments, inks, dyes, needles and other paraphernalia shall be properly discarded immediately after each procedure. Excessive pigment, dye, ink, liquids, or solutions shall be removed with individual sterile sponge or gauze and shall be immediately discarded in an approved manner. After completing the tattoo or body piercing procedure on any person, the tattooed area shall be washed with sterile gauze, cotton balls, tissue or paper towels saturated with an antiseptic soap solution or a seventy percent alcohol solution. The tattooed area shall be allowed to dry and a topical cream or antiseptic from a collapsible tube shall be applied using sterile gauze, tissue, or paper towel. A sterile gauze dressing or saran covering shall then be fastened to the tattooed area.

J. Operators performing tattooing or body piercing shall be immunized against the Hepatitis B virus in accordance with OSHA regulations for health care workers.

K. Written instructions on the care of the tattoo or body piercing, approved by the Cuyahoga County Board of Health, shall be given to each person who receives a tattoo or has been the subject of a body piercing.

L. Needles and other instruments used for body piercing shall be of the same gauge as the ornaments, jewelry or similar items that are or can be inserted through the opening created by the body piercing.

M. Tattooing and body piercing shall only be performed between the hours of 8:00 a.m. and 10:00 p.m.

(3) Sterilization of equipment and storage.

A. A steam sterilizer (autoclave) shall be provided for sterilizing multi-use instruments such as needle bars, grips and tubes, and other tattoo and body piercing equipment needing sterilization. Sterilization of equipment shall be accomplished by exposure to live steam for at least thirty minutes at a minimum pressure of fifteen pounds per square inch (15 psi) with a temperature of 250 degrees Fahrenheit (250°F). Autoclave indicator temperature strips or other similar devices shall be used to monitor autoclave performance with each use. Alternative sterilizing equipment and procedures may be used if specifically approved by the Board of Health.

B. Preparation of instruments for sterilization. After each tattoo procedure, the tattoo machine shall be placed in an ultrasonic type machine to remove the excess dye from the tubes and the needle bars. When this process is completed, the tubes and needle bars shall be removed from the tattoo machines. The tubes, grips, and needle bars shall then be placed into sterilizer bags or wrappers for sterilization by autoclaving.

C. All ready to use needles, needle bars, grips and tubes, and instruments shall be left in wrappers or sterilizer bags used during the autoclaving process. These wrapped items shall be stored in a closed cabinet or container when not in use. Such storage equipment shall be maintained in a safe and sanitary condition at all times.

D. The needles and instruments required to be sterilized shall be handled and used in such a way as to prevent contamination during the tattooing procedure.

(f) Keeping of Records. Permanent records of each patron or customer shall be maintained by the operator of the establishment. Before the tattooing and/or body piercing operation begins, the patron or customer shall be required to enter, on a record form provided for each establishment, the date, his or her name, address, age, and his or her signature. This data will be verified by requiring the patron to produce a valid state driver's license or other form of picture identification. The operator of the tattoo and/or body piercing establishment must affix his/her name to the record form and sign a statement verifying the performance of the duties required under this chapter. Such records shall be maintained in the tattoo and/or body piercing establishment and shall be available for examination upon request by the Building Commissioner. Records shall be retained by the operator for a period of not less than five years. In the event of a change in ownership or closing of the business, all such records shall be retained by the operator and made available to the Building Commissioner upon request.

(g) Disposal.

(1) All pigments, dyes, inks, or colors used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances. The pigments, dyes, and colors used from stock solutions for each customer or patron shall be obtained from an approved source, and shall be placed in a single-serve receptacle. Such receptacle and the remaining solution shall be discarded after use on each customer or patron.

(2) All bandages and surgical dressings used in connection with the tattooing and/or body piercing of a person shall be sterile and disposed of in a manner which complies with R.C. Chapter 3734 pertaining to infectious waste.

(h) Certificate of Inspection, Renewal, Annual Inspection.

(1) An applicant for a license to operate a tattooing and/or body piercing establishment shall first obtain a conditional use permit, as approved by City Council.

(2) The Building Commissioner shall issue a Certificate of Occupancy upon approval of the conditional use permit, and approval from the Cuyahoga County Board of Health, the Fire Department, and the Building Department that the establishment has been inspected and is in compliance with all provisions of this section.

(3) The Building Commissioner shall engage the Cuyahoga County Board of Health for the purpose of conducting annual and other periodic inspections, as may be necessary, and any tattooing and/or body piercing establishment for the purpose of determining whether or not said establishment, and the persons performing the art of tattooing and/or body piercing therein, are in compliance with all applicable provisions contained within this regulation and other pertinent regulations of the Board of Health. It shall be unlawful for any person or operator of a tattooing and/or body piercing establishment to willfully prevent or restrain an employee of the Cuyahoga County Board of Health, or his/her designee, from entering any licensed establishment where tattooing and/or body piercing is being performed for the purpose of inspecting said premises, after proper identification is presented to the operator.

(4) The Building Commissioner shall renew the Certificate of Occupancy on an annual basis, provided the establishment is in compliance with the conditional use permit, the Cuyahoga County Board of Health, all City of South Euclid laws and regulations, and the Ohio Revised Code. Said Certificate of Occupancy shall be posted within the tattoo and/or body piercing establishment to serve as public notice that said establishment has been inspected and is in compliance with the provisions of this section.

(i) Limitations of Persons.

(1) It shall be unlawful to tattoo and/or body pierce any person who is known to have, or who shows signs of having, any communicable disease or any disease of the skin. This includes but is not limited to rashes, pimples, boils, infections or any manifestation or evidence of other unhealthy conditions.

(2) It shall be unlawful for any tattoo and/or body piercing operator to be under the influence of alcohol and/or narcotic drug or drug of abuse when tattooing and/or body piercing.

(3) It shall be unlawful to tattoo and/or body pierce any individual who is under eighteen years of age, regardless of whether the operator knows this person to be less than eighteen years of age, without the prior express written consent of such person's parent or guardian. The operator shall be considered strictly liable for any violation of this section.

(j) Penalty.

(1) The City of South Euclid may suspend or revoke a tattoo and/or body piercing establishment conditional use permit and/or Certificate of Occupancy for violation of any provision of this section.

(2) The provisions of this section shall apply to all tattoo and/or body piercing establishments and/or tattoo and/or body piercing operators which are currently in existence, or which may come into existence after the effective date of this section. The provisions of this section shall not apply to a physician licensed to practice medicine in the State of Ohio who is tattooing for a medical purpose.

(3) In the event of conflict between any provisions of this section and the Ohio Revised Code, including any rules and regulations adopted pursuant to this section or the Ohio Revised Code, and any provisions of City ordinances, including any rules and regulations adopted pursuant to such ordinance, that provision which establishes the higher standard for the promotion or protection of the health or safety of the people shall govern.

(4) Whoever violates any provisions of this section shall be guilty of a misdemeanor of the first degree. Such person and/or business shall be deemed guilty of a separate offense for each and every day or portions thereof during which any violation of any of the provisions of this section is committed, permitted or continued. This section shall be enforced by the Director of Public Safety or designee, the Division of Police, and/or any public health official.

(Ord. 03-20. Passed 11-9-20.)

733.01 PURPOSES; APPLICATION OF RESIDENTIAL SUBDIVISION REGULATIONS.

The subdivision of land in a commercial district is regulated in order to secure an orderly, efficient and economical development of the City and a development which will promote the health, safety and general welfare of the residents of South Euclid.

The intention and standards of the residential subdivision regulations set forth in Chapter 723 shall apply, unless they have already been met.

(Ord. 54-06. Passed 12-11-06.)

733.02 STREETS.

(a) Streets designed to serve commercial developments shall not be permitted to interconnect or to generate traffic upon local residential streets.

(b) A minimum right-of-way of sixty feet shall be dedicated on any new streets in commercial subdivisions or along existing streets in the area of the proposed subdivision. A greater right-of-way may be required in order to provide room for the safe movement of traffic to be generated, for safe access to off- street parking and off-street loading facilities and for adequate access for fire-fighting equipment.

(c) Vehicular access need not be provided from every lot to a public road. Ingress and egress should be designed and coordinated with the potential layout and the anticipated magnitude of traffic, and shall be approved by the Director of Service and the Planning Commission.

(Ord. 54-06. Passed 12-11-06.)

733.03 INGRESS AND EGRESS.

Means of ingress and egress shall be provided to a public street, subject to the approval of the Director of Service, the Law Director and the Planning Commission.

(Ord. 54-06. Passed 12-11-06.)

733.04 ALLEYS.

(a) Alleys may be required by the Planning Commission along rear lot lines in subdivisions in commercial districts where other definite and assured provision is not made for service access to off-street loading spaces and off-street parking spaces consistent with and adequate for the use proposed, and as required by this Planning and Zoning Code.

(b) The width of an alley shall not be greater than twenty-four feet nor less than sixteen feet.

(c) Alley intersections and sharp changes in direction shall be avoided. Where necessary, corners shall be rounded sufficiently to permit safe vehicular movement.

(d) Dead-end alleys shall be avoided where possible, but if necessary, they shall be provided with adequate turn-around facilities at the closed end for the convenient turning of the largest vehicle anticipated. In no case shall a dead-end alley exceed 250 feet.

(Ord. 54-06. Passed 12-11-06.)

736.01 LOT SIZES.

Except for the Residence-Office District, no requirements for lot width and area are separately required in this Title, but zoning lots located within the zoning districts described in this Title shall be large enough to permit conformity to all the provisions of this Title with respect to yard areas, off-street parking and loading facilities and landscaping.

(Ord. 39-08. Passed 10-27-08.)

736.02 CREATION AND PRESERVATION OF YARD AREAS.

Every building, other structure or use of land shall be located on a zoning lot such that any required front, side and rear yards are preserved, according to the following provisions:

(a) No new building or other structure or use shall be located in any yard area which is within twenty-five feet of the right-of-way line of any public street. Unless both adjacent lots with existing structures are closer than twenty-five feet, the new structure may align with such existing buildings for front setback.

(b) Side yards shall be required under the following conditions:

(1) When two adjacent buildings do not abut each other or do not have a common wall, an accessway at least twenty feet wide must be created and preserved between such adjacent buildings and must be free of projections or other obstructions which would prohibit the free passage of service or emergency vehicles and for fire protection;

(2) No building or group of adjacent buildings shall have a dimension greater than 200 feet for a wall nearest a public street without providing an accessway from the front to the rear of the lot measuring at least twenty feet in width; and

(3) Where the boundary of a zoning lot is coincident with the boundary of a Residential District, a side yard, adjacent to such boundary, at least fifteen feet wide, exclusive of accessways, must be created and preserved, and screening must be provided according to the regulations set forth in Section 736.04.

(c) A rear yard shall be equal in width to the height of the building located on the zoning lot and shall be no less than twenty-five feet wide.

(d) A rear yard shall not be required when a rear lot line coincides with a railroad right-of-way, and a side yard shall not be required when a side lot line coincides with a railroad right-of-way.

(Ord. 39-08. Passed 10-27-08.)

736.03 PERMITTED OBSTRUCTIONS IN ANY YARD AREA.

The following uses and structures constitute obstructions which are nevertheless permitted in any required yard area:

(a) Awnings and canopies;

(b) Window air conditioners;

(d) Eaves, gutters or downspouts which project no more than sixteen inches into a yard;

(e) Flagpoles;

(f) Walls or fences, as regulated for type and height;

(g) Steps, excluding fire escapes; and

(h) Off-street parking areas which are not covered by a structure.

736.04 SCREENING IN YARDS ADJOINING RESIDENTIAL DISTRICTS.

Where a commercial use, including parking lots, access driveways and service and loading zones serving a commercial use property, is coincident with a Residential District boundary landscaping shall be in accordance with Chapter 771, Landscaping.

(Ord. 42-10. Passed 9-26-11.)

736.05 MAXIMUM GROUND COVERAGE OF STRUCTURES.

Except as otherwise specifically provided in this Title Three, no new development, structure or addition to any existing structure, including accessory uses, shall exceed a coverage of forty percent of the total lot area, as defined. Coverage may be up to eighty percent if off-street required parking is in enclosed parking structures.

736.06 SCREENING OF REFUSE STORAGE AND PICK-UP FACILITIES.

Screening shall be in accordance with Chapter 771, Landscaping.

(Ord. 42-10. Passed 9-26-11.)

737.01 HEIGHT OF STRUCTURES.

The maximum height of every building or other structure in a Commercial District shall be as set forth in Schedule 737.01, except for certain permitted obstructions listed in Section 737.02.

SCHEDULE 737.01
MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES

Zoning District	Principal Use		Accessory Use
Zoning District	Height (ft.)	Floors	Height (ft.)
Residence -Office (R- O)	35	4	20
Limited Commercial (C-1)	40	3	20
General Commercial (C-2)	40	3	20
Special Commercial (C-3)	35	2-1/2	20

737.02 EXCEPTIONS TO HEIGHT REQUIREMENTS.

The following appurtenances to structures may exceed the maximum heights established in Schedule 737.01:

(a) Chimneys;

(b) Elevator or stair bulkheads;

(d) Flagpoles and aerials; and

(e) Parapet walls or railings not in excess of four feet, including wire or chain- link fences or other transparent fences.

739.01 ESTABLISHMENT AND PURPOSE.

(a) Establishment. The Mixed-Use Transit Oriented Development District (MU-TOD District) and this associated chapter for regulations are established to guide development and redevelopment in areas where a mix of uses and a diversity of housing types should be promoted as a means of promoting transit use and expanding mobility options.

(b) Purpose. The purpose of the MU-TOD District is to further promote development areas along major corridors and transit routes as compact, mixed-use, walkable, and livable neighborhoods to:

(1) Increase transit use and expand other mobility options by developing an environment that makes using all modes of transportation comfortable, convenient, and safe through enhanced streetscapes, amenities, and pedestrian-oriented buildings;

(2) Encourage infill development and reuse of existing buildings in a manner consistent with the objectives, standards, and design criteria for this district;

(3) Permit a mixture of higher density residential and commercial uses in a manner that ensures the City is functionally competitive in today's housing and retail markets while fostering vibrant neighborhoods and efficient transit systems;

(4) Provide increased opportunities for economic development and expansion of the City's tax base while strengthening the diversity and accessibility of commercial uses to residential areas throughout the community;

(5) Create a pedestrian-friendly, mixed-use district that imparts a sense of identity and acts as a focal point for the community while reducing auto dependency and roadway congestion;

(6) Establish design guidelines for new development or redevelopment that reinforces the district's "sense of place" and ensures that an aesthetically pleasing environment is created. Specifically, the design guidelines are intended to:

A. Provide interest along the public streetscape through high-quality construction, public spaces, and engaging environments to establish a sense of identity and attract employers, business, residents, and visitors alike;

B. Protect and preserve the appearance and character of the community;

C. Reduce the impact of new development between zoning districts;

(7) Encourage an appropriate mix of residential options to promote housing for people of different income levels and at different stages of life;

(8) Incorporate sustainable and green practices;

(9) Ensure that development occurs in a unified manner in accordance with an approved development plan while supporting the intent and objectives of plans adopted by the City.

(Ord. 09-25. Passed 5-27-25.)

739.02 APPLICABILITY.

(a) Geographic Applicability. The MU-TOD District may minimally be considered for areas within the City that are:

(1) Along primary streets including, but not limited to, Mayfield Road, Cedar Road, Warrensville Center Road, South Green Road and Monticello Boulevard.

(2) Within one-half mile of designated transit stations, including, but not limited to bus terminals, bus stops, train stations, light rail stops, or other major public transportation facilities.

(3) Identified in any local comprehensive or master plan, or transit development plan as priority areas for higher-density, mixed-use, and pedestrian-friendly development.

(4) Identified by the Planning Commission as suitable sites appropriate for higher- density, mixed-use, and pedestrian-friendly development.

(b) Zoning Boundaries. The specific boundaries of the MU-TOD Zoning District shall be established on the official zoning map of the city in accordance with Chapter 712, where applicable. Modification to the boundaries may be made by the governing body through amendments to the zoning map, in accordance with the procedures outlined in Section 763.02 of the Zoning Code.

(c) Transition Regulations. The following transitional regulations will resolve the status of properties with pending or approved applications upon rezoning.

(1) Pending Applications.

A. Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the Planning Commission prior to the effective date of this Chapter and rezoning, if applicable, shall be reviewed in accordance with the provisions of the zoning district in effect on the date the application was deemed complete.

B. If the Applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Chapter.

C. Any re-application for an expired project approval must meet the standards in effect at the time of reapplication.

D. An applicant with a pending application may elect to have the project reviewed under the regulations of this Chapter through a written letter to the Zoning Administrator, or designee, requesting review under the provisions of this Chapter.

(2) Approved Projects.

A. Approved site plans, variances, conditional use approvals, or building permits that are valid on the Effective Date of this Chapter shall remain valid until their expiration date, where applicable.

B. Plans approved under the previous regulations that are valid on the effective Date of this Chapter shall also remain valid until their expiration date, where applicable.

(d) Conflicts. If any requirements contained within this Chapter present an actual, implied, or apparent conflict with other regulations set forth in this code, the regulations in this Chapter shall prevail.

(Ord. 09-25. Passed 5-27-25.)

739.03 DEFINITIONS.

Words and terms used in this MU-TOD District code shall be defined in accordance with the provisions set forth in Section 710.08.

(Ord. 09-25. Passed 5-27-25.)

739.04 USE REGULATIONS.

(a) Permitted Uses. Uses permitted in the MU-TOD District are provided herein in Table 739.04(A): MU-TOD District Use Regulations.

(b) Conditional Uses.

(1) Conditional uses in the MU-TOD District are provided in Table 739.04(A): MU-TOD District Use Regulations. All conditional uses provided for in the table maybe permitted within the MU-TOD District under the conditions and in the manner prescribed in this Zoning Code (Section 762.05), and provided they meet the following requirements:

A. The applicant satisfactorily demonstrates that the proposed use supports the general character and purposes of the district and will not substantially hinder the future development of connected, mixed-use, and livable neighborhoods.

B. The applicant satisfactorily demonstrates that the proposed conditional use is the best use of the parcel of land it is proposed to be built upon due to the lot size, shape, natural features, adjacent uses, or other issue relevant to the location of the proposed use.

C. If part of a larger development proposal, the applicant satisfactorily demonstrates that the proposed use is in harmony with the entire development plan.

(c) Additional Use Standards. Uses identified with an asterisk are permitted only if additional use standards, outlined in 739.04(i) of this Section, are met.

(d) Accessory Uses. Accessory uses or structures are permitted in conjunction with allowed principal uses as outlined in this Chapter and in accordance with Chapter 722, if applicable.

(e) Substantially Similar Uses. Any substantially similar use which is classified and approved by the Zoning Administrator, or other designee, to be of the same character, nature, and intensity of use as those in this MU-TOD District, may be permitted subject to the procedure and standards set forth in this Chapter.

(f) TABLE 739.04(A): MU-TOD DISTRICT USE REGULATIONS.

PERMITTED AND CONDITIONAL USES	USE REGULATION	ADDITIONAL USE REGULATIONS
COMMERCIAL
Amphitheater	C
Assembly hall or conference center	C*	Section 739.04(i)(2)
Bank	P
Bar or public house	P
Bed and breakfast	P
Bookstore	P
Brew pub	P*	739.04(i)(3)
Commercial recreation, indoor	P
Commercial recreation, outdoor	C
Day care facility, child and/or adult	C
Drive-up/Drive-thru windows	C*	739.04(i)(4)
Funeral home	C
Gym, health spa, yoga studio	P
Hospital	C
Hotel	P*	739.04(i)(5)
Indoor sales for used or secondhand merchandise	C
Cannabis dispensary	C*	739.04(i)(7); Chapter 790
Medical office or health services clinic	P
Movie theater, excluding drive-ins	P
Office	P
Outdoor dining	C*	739.04(i)(16)
Outdoor sales for used or secondhand merchandise	C
Pet daycare facilities	C*	739.04(i)(10)
Public or private school	C*	739.04(i)(12)
Restaurant	P
Retail establishment, greater than 40,000 square feet	C
Retail establishment, less than 40,000 square feet	P	Chapter 710
Service establishment, personal and/or business	P
Theater	P
Veterinary hospital	P*	739.04(i)(15)
RESIDENTIAL
One and two-family homes	C*	739.04(i)(9)
Apartments	P*	739.04(i)(1)
Townhouse developments	P*	739.04(i)(14)
Adult family homes	P
Adult group homes	P
Residential facility family houses	P
Residential facility group homes	P
Family day care homes, Type B	P
Family day care homes, Type A	C
Live-work units	P*	739.04(i)(6)
MANUFACTURING
Manufacturing, artisan	P
Microbrewery, microdistillery, or microwinery	P*	739.04(i)(8)
Research laboratory	P*	739.04(i)(13)
PUBLIC FACILITIES
Community center building	C
Government buildings	C
Museum	C
Place of worship	C*	739.04(i)(11)
Public library	C
Public Park or playground	C
Public safety facilities	C
OTHER
Transit station	P
Parking lot (as a principal use)	C
Parking structure (as a principal use)	C
Signage	P
P = Permitted Use C = Conditional Use * = Additional use Regulations Apply

(g) Vertical and Horizontal Mixing of Uses.

(1) The vertical mixing of uses, including residential uses with nonresidential uses within a single building, is encouraged.

(2) The horizontal mixing of uses in the district is allowed, provided the developments are well-integrated in terms of complementary uses, access and circulation, and compatible design.

(h) Active Uses at Street Level.

(1) High-activity, non-residential uses such as retail establishments and restaurants must comprise at least 70% of the first floor facing the primary street to a depth of at least 15 feet. Non-residential, accessory uses such as lobbies, gyms, meeting rooms, or other amenity spaces may qualify as high-activity, nonresidential uses, as determined by the Zoning Administrator, or designee.

(2) Stairs, storage, hallways, elevators, and indoor parking do not qualify as active uses.

(i) Additional Use Regulations. Uses identified with an asterisk in Table 739.04(A) are permitted only if additional use standards, outlined in this Section, are met. Those uses deemed conditional shall adhere to these regulations and the procedures outlined in Section 762.05 of this code.

(1) Apartments.

A. Every dwelling unit leased or rented for residential purposes shall have direct access to a public stairway, hallway, corridor, or other means of egress without passing through any other dwelling unit. Every public hallway, corridor, stairway, exit, or other means of egress shall be kept clear and unobstructed at all times, so as to afford safe passage from each dwelling unit to open space at ground level.

B. In every dwelling structure, the owner, operator or his/her/their agent shall be responsible for providing and maintaining suitable approved receptacles, incinerators, or other conveniences for the disposal of rubbish, garbage, refuse, or other waste matter.

(2) Assembly hall or conference center.

A. The proposed conditional use shall not generate excessive noise beyond the premises.

B. Any part of such establishment fronting a primary street should be located so as to minimize the amount of space that is inactive during normal business hours. Such facilities are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district.

C. Any other general requirements outlined in Section 762.05.

(3) Brew pub. No brewing equipment or storage is permitted on the exterior of the building.

(4) Drive-up/Drive-thru windows.

A. Drive-thru windows shall only be permitted when associated with a use listed in this Section, except for restaurants or eating establishments as such drive-thrus are not permitted in this zoning district.

B. The drive-thru windows shall be located at the rear or side of the building to minimize visual impact on the primary street frontage.

C. Entry and exit points for the drive-thru should not obstruct pedestrian walkways, bicycle lanes, or transit stops and must allow safe ingress and egress without impeding vehicular traffic.

D. Drive-thru windows are not permitted on the primary façade of the building that faces the main pedestrian thoroughfare.

E. Drive-thru structures are strictly prohibited.

(5) Hotel.

A. Hotel rooms may include kitchens; however, no room shall be rented to any person for continuous occupancy for more than four months.

B. There shall be provided a separate drop-off area for hotel guests that must not interfere with the principal driveway or road network.

(6) Live-work units.

A. The workspace shall occupy less than 50% of the dwelling unit’s gross floor area.

B. The dwelling is in continuous use as the established place of residence and primary dwelling of the business owner.

C. Business operations shall cease when such use is deemed to be detrimental to the public health, safety, and welfare, or constitutes a nuisance, or when the use is in violation of any statute, ordinance, law or regulation.

D. Activities do not include any of the following:

1. Use of the dwelling by more than three nonresidents of the dwelling as employees at any one time;

2. Use of the dwelling to produce or sell products that may in themselves, or whose ingredients may, pose a danger to the health of employees or neighbors, or to the integrity of the building itself;

3. Creation of noise, dust, heat, fumes, odors, smoke, vibration, or other nuisances, including electrical or radio frequency interference; and,

4. Generation of excessive amounts of trash, materials, or yard waste placed on the curb for pickup by the city's garbage collection contractor.

(7) Cannabis dispensary.

A. The proposed conditional use shall meet all requirements outlined in Chapter 790 and Section 762.05.

(8) Microbrewery, microdistillery, or microwinery.

A. No brewing equipment or storage is permitted on the exterior of the building.

B. Facilities shall be no greater than 10,000 square feet of floor area. Additional floor area may be permitted as a conditional use.

(9) One and two-family residences.

A. One and two-family residences shall only be permitted on development sites five (5) acres or greater, which also feature other mixed-use buildings, as defined in Chapter 710. As such, one- and two-family residences are not permitted as the only principal use on site within the MU-TOD Zoning District.

B. Residential structures shall adhere to all design and development regulations outlined in this Chapter, including the required build-to lines and shall be oriented to promote ample walkability and connectivity.

C. Where applicable, one and two-family residential uses shall be divided into blocks and shall maintain a traditional neighborhood grid pattern for improved accessibility to transit lines.

D. Parking and any associated attached or detached parking structures shall be located in the rear of any principal residential structure.

E. Access to parking shall be by alley or secondary thoroughfare as identified on a site proposal.

F. Any other requirements as outlined in Chapter 728.

(10) Pet daycare facilities.

A. Outdoor spaces for animals are limited to supervised play areas and runs, and all animals kept overnight must be located in a fully enclosed, noise-attenuated structure.

B. The facility shall properly manage animal waste, pursuant to applicable local and state regulations, so as to not create a nuisance or health hazard to adjoining or nearby property owners.

C. Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.

(11) Place of worship. The proposed use shall meet all requirements outlined in Section 762.05.

(12) Public or private school. The proposed use shall not generate excessive noise beyond the premises.

(13) Research laboratory.

A. The use of any hazardous material, or any scientific process that creates hazardous waste must be permitted and approved by the State of Ohio, Federal Government, or other appropriate regulatory authority.

B. The use, storage, and disposal of any hazardous material or waste must meet all state and federal regulations. Provisions for the appropriate use, storage, or disposal of hazardous materials or waste shall be demonstrated before approval of such use.

C. The proposed use shall not generate excessive noise, odors, or other such nuisances beyond the premises.

(14) Townhouse developments.

A. Townhouse developments are only allowed when included as one use in a mixed-use development. The Planning Commission may allow townhouse developments that are not part of a mixed-use development as a conditional use.

B. Townhouses may not front on primary streets. The Planning Commission may allow townhouse developments to front on a primary street as a conditional use.

(15) Veterinary hospital.

A. Outdoor spaces for animals are limited to supervised play areas and runs, and all animals kept overnight must be located in a fully enclosed, noise-attenuated structure.

B. No dead animals may be buried on the premises, and no incineration of dead animals shall be permitted.

C. The facility shall properly manage animal waste, pursuant to applicable local and state regulations, so as to not create a nuisance or health hazard to adjoining or nearby property owners.

D. Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.

(16) Outdoor dining.

A. If outdoor seating is located within the build-to zone as shown in Figure 739.05(A), a conditional use permit is required.

B. Outdoor seating shall maintain at least five (5) feet of unobstructed walking space along sidewalks.

C. Encroachment of outdoor dining in any public right-of-way is strictly prohibited unless a conditional use permit has been secured for such use in accordance with this code and Section 762.05.

(j) Prohibited Uses. The following uses or uses of a similar nature shall be prohibited in the MU-TOD district:

(1) Automobile service stations as defined in Section 710.08.

(2) Automobile repair shops as defined in Section 710.08.

(3) Car wash establishments.

(4) Drive-thru, restaurant as defined in Section 710.08.

(5) Smoke shop, tobacco store.

(6) Short-term lending establishments.

(7) Self-storage facilities or related businesses that primarily store goods on a short-term or long-term basis.

(8) Tattoo and body piercing establishments.

(9) Any other use excluded from the "Retail Establishment" definition as defined in Section 710.08, including, but not limited to, the speciality retail establishments of small box discount retail, automobile service stations, and sexually oriented businesses.

(k) Nonconforming Uses. Any use deemed nonconforming upon the adoption of this code shall be subject to the provisions set forth in Chapter 751.

(Ord. 01-24. Passed 9-8-25; Ord. 09-25. Passed 5-27-25.)

739.05 DEVELOPMENT STANDARDS.

(a) Development Standards. Every permitted and conditional use of land and structures in the MU-TOD district shall be located on a zoning lot and sited in such a manner as to conform to the development standards outlined in this section.

Schedule 739.05. MU-TOD District Development Standards
DEVELOPMENT STANDARDS	METRIC
LOT DIMENSIONS
Minimum Lot Area (square feet)	None Required
Minimum Lot Width (feet)	None Required
YARD DIMENSIONS
Minimum Front Yard Setback of Principal Building (feet)	5(a)
Maximum Front Yard Setback of Principal Building (feet)	15
Minimum Side Yard Setback of Principal Building (feet)	0(b)
Minimum Rear Yard Setback of Principal Building (feet)	20(c)(d)
LOT COVERAGE
Minimum Lot Coverage	None Required
Maximum Lot Coverage (for Buildings)	None Required
OPEN SPACE
Minimum Open Space	20%* (See Section 739.10)
HEIGHT DIMENSIONS
Minimum Height of Principal Building (feet)	22
Maximum Height of Principal Building (feet)	45(e)(f)
DWELLING UNIT DIMENSIONS
Minimum Dwelling Unit Size (square feet)	300
BUILDING WIDTH
Minimum Building Frontage	65%
(a) Existing buildings may have a minimum front yard setback of 0 feet. (b) Where the side lot line of the lot adjoins a One- and Two-Family Residential District, the side yard shall not be less than 20 feet (c) Minimum rear yard setbacks for principal buildings may be waived by the Planning Commission where such waiver would further the purposes of this district as outlined in Section 739.01. (d) Where the rear lot line of the lot adjoins a One- and Two-Family Residential District, the rear yard shall not be less than 30 feet. (e) No portion of a building located within 50 feet of an existing one- or two-family dwelling in a residential zoning district shall be permitted to exceed 45 feet. (f) Planning Commission may conditionally approve a maximum building height of up to 65 feet, where appropriate. * Applies only to sites one (1) acre or larger.

(b) Front Yard Setback.

(1) The side of the lot that abuts a primary street is considered the front and where the front setback is measured from.

(2) The sides of a corner lot that abuts two primary streets are both considered the front and shall have front setback regulations apply to both sides.

(1) The space between the minimum front yard setback (5 feet) and the maximum front yard setback (15 feet) shall be considered the Build-To Zone, as shown in Figure 739.05(A).

(2) The minimum building frontage requirement specifies the amount of the front building façade (A) that must be located in the Build-To Zone, measured as a percentage of the width of the lot (B), as shown in Figure 739.05(A).

(3) No building or portion of a building can be located outside of the Build-To Zone until the minimum building frontage requirements have been met.

FIGURE 739.05(A). Minimum Building Frontage

(Ord. 09-25. Passed 5-27-25.)

739.06 DESIGN REGULATIONS.

(a) Approval by Architectural Review Board (ARB). Projects developed under the regulations and process outlined in this Chapter shall be reviewed according to Schedule 739.13. If a review by the Architectural Review Board is required in accordance with Schedule 739.13, no building permit shall be issued unless plans and specifications therefore have been approved in writing.

(b) Design Guidelines. The ARB should use the following items as guidelines when reviewing plans and projects being developed in the MU-TOD district.

(1) Architectural Elements.

A. Building design should provide contextual references to its surrounding built environment, including existing architecture, natural features, and cultural contexts.

B. Primary and accent building materials should visually complement each other in terms of color, texture, and pattern.

(2) Massing and Scale.

A. The massing and scale of new construction should consider its surrounding context. Where larger scaled buildings are located next to smaller ones, steps should be taken to visually transition down in terms of size, massing, and scale, which can be achieved using any of the following techniques:

1. Stepping back upper stories or adjusting the roof pitch of larger massed buildings on the side where they are adjacent to smaller massed buildings.

2. Including additional buffer space between larger massed buildings and smaller massed buildings. This buffer space is an appropriate area for driveways, landscaping, and open space.

3. Including horizontal architectural details such as cornices and window frames on larger massed buildings that align with the roofline of the adjacent smaller massed buildings.

4. Using trees and other greenery to soften hard edges between differently massed buildings.

B. Large-scale commercial and mixed-use buildings should include architectural or material-based articulation to reduce the perceived mass of the building while still aligning with the built context of the block, which can be achieved using any of the following techniques:

1. For larger buildings, particularly buildings that fill an entire block, using engaging ground-level design and providing multiple pedestrian entry points along the frontage.

2. Avoiding large, monolithic buildings by breaking the facade down to appear as multiple smaller buildings.

3. Incorporating architectural elements such as recessed or protruding entrances, balconies, bay windows, brick patterns, etc.

4. Ensuring the pattern or repetition of any chosen architectural feature, recess, projection, or break is regular, intentional, and predictable.

(3) Front Facades, Entrances, and Building Orientation.

A. Ground-floor facades facing the street should include at least 50% transparent windows and doors. Transparency should be evenly distributed to avoid long stretches of blank wall.

B. The orientation and placement of buildings should contribute to a sense of enclosure and defined space by maintaining consistent building frontage along a primary street.

1. Up to 50% of the building frontage may be set further back to incorporate public spaces, plazas and parks in a way that centralizes and activates those spaces, such as by having windows and entrances face into the public spaces.

C. The front facade of new construction should orient towards the street by having the building's main entrance, primary windows, and facade details facing the street.

D. For corner lots, entrances could be oriented at a 45-degree angle to emphasize the corner and encourage pedestrian access from both the principal street and secondary street.

(4) Transit.

A. Existing and future transit stops should be considered in the layout of new developments to ensure convenient transit access and use.

B. The location of entrances, walkways, and pedestrian amenities should allow for convenient, safe, and comfortable pedestrian access from a transit stop to the site.

(5) Pedestrian Amenities.

A. Outdoor dining and seating areas are encouraged and shall be in accordance with the provisions set forth in Section 739.04(i)(16) and Section 762.05.

B. Pedestrian amenities such as benches, lighting, and trash and recycling receptacles should be conveniently placed together.

C. Overhead weather protection—such as awnings, overhangs, and arcades—are encouraged and should be appropriately located to clearly define building entries and orient towards pedestrian areas. Where possible, overhead weather protection should be located to provide shelter for waiting transit users.

(6) Parking.

A. Garages, parking spaces, and driveways should be designed to be as discreet as possible and limit impediments to the walking environment.

1. Garage openings should be placed where it will have the least disruption to pedestrian walkways and limit potential conflict points between car traffic and pedestrians.

B. Buildings should be arranged on the site such that garages should be placed behind buildings whenever possible, and parking entrances should be accessed via secondary streets.

C. Whenever garages face a primary street, they should be lined by buildings that screen the parking structure from view and incorporate other uses such as residential, retail, and active uses.

D. Garages that are visible from a public street should avoid blank walls. These garages should be screened using landscaping or public art or should incorporate architectural design that complements the primary structure through the use of facade articulation, architectural elements, color, and elements that break up the mass of the garage. Fabric screening of parking garages is discouraged.

(c) Consistency with Adopted Plans and Guidelines. Where a plan or design guidelines or standards have been adopted by the city, the arrangement and design of land uses, buildings, open spaces, and streets should be consistent with the intent of that plan. Developments that include single and two-family residential structures should adhere to the design guidelines in Chapter 728.

(Ord. 09-25. Passed 5-27-25.)

739.07 PARKING REGULATIONS.

(a) General Provisions. Off-street parking shall conform to the parking requirements set forth in this section for the MU-TOD District.

(b) Modified Parking Standards. These minimum and maximum parking ratio requirements shall apply to all land in the MU-TOD.

(1) Parking minimums. The following parking minimums shall be used for development in the MU-TOD Zoning District.

Table 739.07 – Off-Street Parking Minimums
Off-Street Parking	Use	Proposed min parking ratio for MU-TOD District
Vehicle Parking	Residential
	Single and Two family*	1 space per DU
	Multi-family*	0.50 spaces per DU
	Senior or Assisted Living*	0.50 spaces per DU
	*Parking shall not be required to be enclosed in the MU-TOD District
	Commercial
	Retail/Commercial (over 40,000 sf)	To be determined during the conditional use process
	Retail/Commercial (under 40,000 sf)	1 space per 500 sf of gross floor area (GFA)
	Office (under 50,000 sf)	1 space per 1,000 sf of GFA
	Restaurants, Bars, Cafes	1 space per 300 sf of GFA
	Civic, Cultural, and Institutional
	Libraries, Museums, Civic/Cultural Centers	1 space per 1,000 sf of GFA
	Manufacturing
	Artisan Manufacturing	1 space per 1,000 sf of GFA
	Light Manufacturing	1 space per 1,000 sf of GFA

A. Where parking requirements result in a fractional parking space calculation, the numbers may be rounded down to the nearest whole number.

(2) Parking maximums. The maximum amount of parking provided shall not exceed 125% of the standards outlined herein and those contained in Chapter 772 of this code. The maximum provision shall not apply to park-and-ride facilities, public parking garages, or other parking provided as part of a transit facility.

(1) No designated parking is permitted in the front yard of a principal building.

(2) Parking may be located in the rear or side yard of a building or below the building, however, no more than 40% of the width of the lot along the primary street shall be devoted to parking or driveways.

(3) Below grade garages must meet the minimum setback requirements of the principal building.

(d) Parking Design Standards.

(1) Parking lots shall provide separate designated pedestrian walkways to building entrances and other existing paths surrounding the project site.

(2) Shared parking lots accommodating multiple parcels shall have access points a minimum of 200 feet apart on any primary street block.

(3) Parking facilities shall be shared between residential, commercial, and office uses, where feasible on mixed-use lots.

(4) Electric Vehicle (EV) Charging. A minimum of 5% of parking spaces shall be equipped with EV charging stations.

(e) Transit and Pedestrian Considerations.

(1) Pedestrian Pathways. Safe, clearly marked pedestrian pathways connecting transit nodes and entrances to buildings shall be provided, if applicable.

(2) Transit Stop Access. Developments shall ensure direct and convenient pedestrian access to nearby public transit stops or stations.

(f) Parking Reductions for TOD Benefits.

(1) Proximity to Transit. Developments within one-eighth mile of a major transit stop may be eligible for up to a 30% reduction in parking space requirements except for single and two-family residential uses. Parking reductions are subject to review and approval of the Planning Commission.

(2) Car-Share. Projects that provide a minimum of 20% dedicated car-share parking spaces are eligible for up to a 15% reduction in parking space requirements. Parking reductions are subject to review and approval of the Planning Commission.

(3) On-Street Parking. Any designated on-street parking abutting frontage of the development may count toward the total number of parking spaces required one-for-one.

(g) Monitoring and Adjustments.

(1) Parking demand studies. Planning Commission, as part of the site plan review and approval process, reserves the right to require parking demand studies for larger developments (over 50,000 sf) to assess whether additional reductions to parking minimums are appropriate.

(2) Adjustments. Pre-existing structures or historic structures may maintain existing or reduced parking ratios regardless of changes of use. Final parking ratio determination for existing structures shall be determined by the Planning Commission.

(3) At the discretion of the Planning Commission, a reduction in required parking spaces may be considered where shared parking agreements have been implemented by adjacent property owners.

(h) Enforcement. Developers must submit a parking plan demonstrating compliance as part of the general development plan for review and approval by the Planning Commission. The parking plan shall be included with the application for site plan review.

(Ord. 09-25. Passed 5-27-25.)

739.08 BICYCLE PARKING REGULATIONS.

(a) Purpose. To promote sustainable transportation, community accessibility, and the uses of bicycles as a viable mode of transportation by integrating cycling infrastructure into proposed developments.

(b) General Provisions.

(1) Applicability. The Bicycle Parking Regulations shall apply to all projects developed in the MU-TOD District.

(1) Number of Required Bicycle Parking Spaces.

A. Bicycle parking shall be provided in accordance with the regulations outlined in Table 739.08 below:

Bike Parking	Residential*
	All Residential	1 bicycle space per 2 DUs
	Commercial or Manufacturing
	All Commercial and Manufacturing	1 bicycle space per 1,000 sf of GFA
	Public/Civic
	All Civic, Cultural, Institutional	1 bicycle space per 500 sf of GFA
	*Developments with fewer than 4 dwelling units are not required to provide bicycle parking for residential uses.

B. When bicycle parking requirements result in a fractional bicycle parking space, fractions of one-half or more are counted as one space.

C. No development shall be required to provide more than 40 spaces.

D. Required bicycle parking space requirements may be fulfilled with short-term or long-term parking

(2) Design of Bicycle Parking Spaces.

A. Bicycle parking shall consist of bicycle racks that support the bicycle frame at two points and allow for the bicycle frame and at least one wheel to be locked to the rack.

B. Bicycle spaces shall be no less than two and one-half feet wide by six feet in length, with a vertical clearance of at least seven feet, as shown in Figure 739.08.

C. If bicycles can be locked to each side of the rack, each side can be counted as a required space. Where bicycle racks are placed in a parallel series, with each rack 36 inches apart, bicycle spaces may overlap up to two feet, as shown in Figure 739.08.

D. Bicycle parking must be well lit if accessible to the public or bicyclists after dark.

E. All bicycle parking spaces must be located on a surface with a slope no greater than 3%.

F. Bicycle racks used for short-term bicycle parking must be securely attached to concrete footings and made to withstand severe weather and permanent exposure to the elements.

Figure 739.08: Bicycle Parking Design

(3) Placement of Bicycle Parking Spaces.

A. All bicycle racks must be located at least 36 inches in all directions from any obstruction, including but not limited to other bicycle racks, walls, doors, posts, columns, or exterior or interior landscaping, as shown in “A” in Figure 739.08.

B. Bicycle parking spaces shall be clearly marked and sited to ensure significant visibility to the public or by building users, except in the case of long-term bicycle parking that is in secure areas only accessible to employees, staff, or residents.

C. Short-term bicycle parking shall be located either (a) within 100 feet of the main public entrance of the building or facility or (b) no farther than the nearest non-accessible motor vehicle parking space to the main public entrance, whichever is closer. If the development contains multiple buildings or facilities, the required bicycle parking shall be distributed so as to maximize convenience and use.

D. Short-term bicycle parking spaces may be located either (a) on-site or (b) in the public right-of-way, provided the necessary permit is obtained for the installation and it meets all other requirements of the law. If bicycle racks are located on public sidewalks, they must provide at least five feet of pedestrian clearance and be at least two feet from the curb.

E. Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet the combined requirements. A copy of such agreement shall be provided to the City for its records.

F. When automobile parking spaces are provided in a structure, all required bicycle parking spaces shall be located inside that structure or in other areas protected from the weather.

(4) Modification of Requirements.

A. In the event that satisfying all of the bicycle parking requirements would be infeasible due to the unique nature of the site or cause an unintended consequence that undermines the purpose of these requirements, a property owner (or designee) may submit a written request to the Zoning Administrator for a modification of the requirements.

B. The Zoning Administrator, or designee, may reduce the number of bicycle parking spaces required; however, in no case shall the requirement be less than two spaces.

(Ord. 09-25. Passed 5-27-25.)

739.09 ACCESS, CIRCULATION, AND CONNECTIVITY REGULATIONS.

(a) Purpose. To optimize urban functionality, ensure safe and efficient movement of people and vehicles, and foster a well-connected built environment by regulating the placement, size and connections of pedestrian and vehicle areas.

(b) General Provisions.

(1) Applicability. These regulations shall apply to all projects developed under the regulations of the MU-TOD District.

(1) Driveways.

A. Number of Driveways Permitted.

1. All existing and proposed developments that provide on-site parking or loading must provide satisfactory means of vehicle access to and from a street, alley, or adjacent parking lot.

2. The number of driveways shall be limited in accordance with the regulations outlined in Table 739.09(A).

TABLE 739.09(A)
Development Size	Maximum Number of Driveways
Developments of one acre or less	1
Developments of more than one acre	2

(2) Driveway Location and Spacing.

A. All surface parking lots shall be designed so that driveway access is off of a secondary street or alley, when such secondary street or alley can be accessed from the site. Driveway access to a parking lot may be achieved through inter-parcel connection to a street or alley, with approval of the Planning Commission through the site plan review process.

B. Driveways shall be a minimum of 100 feet from any intersection, as measured from the driveway center line to any intersection, as shown in Figure 739.09(A).

C. Driveways must be located a minimum of 250 feet away from any other existing or proposed driveway along the same street frontage, provided, however, that all developments are allowed at least one driveway, as shown in “B” in Figure 739.09(A).

D. Distances between driveways shall be measured along the right-of-way line from the center line of the proposed driveway at the right-of-way to the center line at the right-of-way of any other proposed or existing driveway.

Figure 739.09(A)

(3) Design of Driveways.

A. Driveway width shall be measure at the intersection of the public ROW, as shown in “C” in Figure 739.9(A).

B. Driveways shall be designed in accordance with the regulations outlined in Table 739.09(B)

Table 739.09(B)
Metric	Design Standard
RESIDENTIAL
Driveway width (maximum)	24 feet
Driveway lane width (minimum/maximum)	8 feet/12 feet
ALL OTHER DEVELOPMENT, INCLUDING MIXED-USE
Driveway width (maximum)	36 feet
Driveway lane width (minimum/maximum)	10 feet/12 feet

(4) Drive aisles.

A. The width of any one-way drive aisle shall not be less than ten feet.

B. The width of any two-way drive aisle shall not be less than 20 feet.

(5) Parking Space Design.

A. The depth of any parking stall measured perpendicularly to the parking aisle shall not be less than 17 feet.

B. The width of any parking stall measured perpendicularly to the parking aisle shall not be less than nine feet.

(6) Pedestrian Connectivity. A minimum of five feet wide sidewalk or internal pedestrian path, physically separated from traffic, shall be provided to connect all areas of the parking lot to convenient pedestrian-oriented building entrances on the site and to any existing adjacent sidewalk networks and transit stops.

(7) Inter-parcel Connectivity. Wherever possible, parking lots on adjacent properties shall be designed to allow for shared driveway access and internal circulation between the parking areas so as to reduce the number of curb cuts along the street, as shown in “D” in Figure 739.09(A).

A. The design of any new parking lot shall anticipate and not preclude future inter-parcel connections from adjoining lots, if at all possible.

(8) Abutting Parking lots. On lots utilizing a cooperative parking agreement, or part of a common development, parking areas may abut or cross lot lines and shall have a cross-access easement in place, a copy of which shall be provided to the City for its records.

(d) Modification of Requirements.

(1) In the event that satisfying all of the access, circulation, and connectivity requirements would be infeasible due to the unique nature of the site or cause an unintended consequence that undermines the purpose of these requirements, a property owner (or designee) may submit a written request to the Zoning Administrator for a modification of the requirements.

(2) The Zoning Administrator may increase the number of allowed driveways by up to one, may decrease the number of required off-street loading spaces by up to two, may adjust the spacing of driveways up to 10% of the distance required, and may increase the maximum width of driveways and lanes up to 10% of the allowed width, with the Planning Commission reserving the right to accept or reject modifications as part to the site and parking plan review and approval process.

(Ord. 09-25. Passed 5-27-25.)

739.10 OPEN SPACE, LANDSCAPING, AND SCREENING REGULATIONS.

(a) Purpose. To enhance the aesthetic quality and environmental sustainability of new developments through enhanced greenery while protecting pedestrian spaces and sensitive uses from negative impacts.

(b) General Provisions.

(1) Applicability. The Open Space, Landscaping, and Screening Standards shall apply to all projects developed under the regulations of the MU-TOD District.

(2) Landscaping Plan Required. A Landscaping Plan shall be submitted for the entire site. The Landscaping Plan shall demonstrate compliance with the standards of this section and Chapter 771, Landscaping and shall include the following items:

A. A site plan showing the location of all existing and proposed landscaping, open space, screening, and other site features.

B. Property boundaries, building location(s), parking lot layout, service areas, mechanical equipment, pedestrian paths, adjacent rights-of-way, north arrow, and scale.

C. The location, quantity, size at planting and at maturity, and name, both botanical and common names, of all proposed planting materials, including ground cover.

D. Any other information and data deemed necessary by the Zoning Administrator and/or the City’s Landscape Architect.

E. The Landscape Plan shall be reviewed and approved by the Architectural Review Board (ARB).

(3) Streetscaping Plan Required. A Streetscaping Plan shall be submitted for the entire site. The Streetscaping Plan shall demonstrate compliance with the standards of this section and shall include the following items:

A. A plan showing the location and relationship between vehicular and pedestrian traffic, and all existing and proposed pedestrian facilities, street and sidewalk lighting, landscaping, street furniture, lighting fixtures, trash receptacles, and transit stops.

B. Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, north arrow, and scale.

C. Specifications and drawings or photographs for all street furniture, trash receptacles, and transit stops.

D. The location, quantity, size at planting and at maturity, and name, both botanical and common names, of all proposed planting materials, including ground cover.

E. Any other information and data deemed necessary by the Zoning Administrator.

F. The Streetscaping Plan shall be forwarded to the City’s landscape architect for review. Further, a recommendation shall be forwarded to the ARB and Planning Commission for approval.

(4) Selection, Installation, and Maintenance of Plant Material.

A. Plant materials shall be selected that are of good quality, require minimal maintenance, are native or naturalized, and are capable of withstanding the extremes of individual site microclimates.

B. The owner of the premises shall be responsible for the maintenance, repair, and replacement of all landscaping materials.

C. All landscaping materials shall be maintained in good condition so as to present a healthy, neat, and orderly appearance.

D. All trees must be a minimum caliper of one and one-half inches at time of planting.

E. Large trees must have a minimum canopy spread at maturity of at least 30 feet.

F. Small trees must have a minimum canopy spread at maturity between 15 feet and 30 feet.

G. All shrubs must be at least two feet in height at time of planting.

(1) Landscaping.

A. Landscaping, such as ornamental trees, flowering shrubs, and perennials, should be used to define public entrances, to soften walls and fences, and to line foundations.

B. Landscaping should be designed to promote sustainable practices of on-site water management and infiltration such as through the use of native plants, swales, and filter strips.

C. Landscaping should seek to incorporate existing natural features, especially large, existing trees, where possible.

D. Tree preservation and protection strategies, such as fencing and other structures, shall be employed to preserve existing trees during construction.

E. Where commercial developments, mixed-use developments, or residential structures of more than four units abut properties zoned for single-, two-, or three-family dwellings, required setbacks (on the property of the commercial, mixed-use, or residential structure of more than four units) shall be sufficiently landscaped to provide a year-round visual screen along those boundary lines.

F. All other requirements in Chapter 771 shall be met. If a conflict arises between Chapter 771 and this section, this section shall prevail, per recommendations made by the City’s landscape architect and approval of the ARB.

(2) Open Space.

A. Developments on sites of 40,000 square feet or larger shall dedicate 10% of the site to open space.

1. Sites located within 600 feet of an existing, publicly owned open space that provides comparable or greater recreational or open space amenities are exempt from this requirement.

B. Required open space shall be in the form of designated areas for active or passive recreation, such as parks, plazas, courtyards, landscaping, rooftop gardens, playgrounds, and pedestrian streets.

1. To count toward open space requirements, rooftop gardens must be made available to all tenants of a building, at no cost, from sunrise to sunset daily or during the hours of operation of the building, whichever results in a longer period of time.

C. The required open space shall be conveniently accessible by sidewalk or internal pedestrian path to all buildings on the site. To the extent feasible, linear open space corridors shall be provided to facilitate pedestrian and bicycle connectivity.

D. Open space may incorporate a mixture of hardscapes and planting zones.

E. Areas required for screening cannot be counted toward open space requirements, and the open space shall not be used for parking, loading, or vehicular access except emergency or maintenance vehicular access.

F. Mechanical and utility equipment cannot be located within required open space areas.

(3) Streetscaping.

A. Where a streetscape plan has been adopted, the arrangement and design of streetscapes should be consistent with the intent of that plan.

B. The design of streets, pedestrian ways, landscaping, lighting, and street furniture shall be coordinated and integrated throughout the site.

C. Street trees shall be planted within tree lawns along all public rights-of- way. A minimum of one large tree shall be planted for every development site, and street trees shall be planted at intervals of no more than 30 feet on-center, on average. Where overhead utilities exist, one small tree must be planted every 20 feet on-center, on average. Tree spacing is measured as an average to account for driveways, utilities, bus boarding and alighting areas, and other potential conflicts.

D. Where a street tree is not possible or where tree lawns are less than three feet wide, a tree shall be planted in the required front yard space, if such front yard is at least ten feet deep.

E. Streetscaping shall preserve the minimum clear walking space of a sidewalk. The pedestrian zone must be constructed to meet all local standards and ADA specifications. Transit shelters may encroach into the pedestrian zone as long as ADA requirements are met.

(4) Parking Lot Landscaping and Screening.

A. Perimeter Screening.

1. All surface parking lots must meet perimeter screening requirements.

2. Where a parking lot (or drive aisle or other type of area designed for motor vehicles) is located within 20 feet of a lot line, perimeter screening of Type A or Type B is required, in accordance with Table 739.10(A) Perimeter Screening Types and Figure 739.10(B) Perimeter Screening Types.

Table 739.10: Perimeter Screening Types
METRIC	TYPE A (NO WALL)	TYPE B (WALL)
Minimum Landscape Strip Depth	10 feet	7 feet
Percent of Perimeter Frontage Screened	75%	75%
Number of Trees Required (minimum per 30 feet of frontage)	1 Large or 2 Small	1 Large or 2 Small
Minimum Height of Walls & Fences	n/a	3.5’

Figure 739.10: Perimeter Screening Types

Type A (No Wall)

Type B (Wall)

3. Landscape screening along front yards and corner side yards shall consist of evergreen or dense deciduous shrubs. Landscaping in rear and interior side yards shall consist of dense evergreen landscaping.

4. Perimeter screening shall have a minimum height of three feet at maturity. The minimum height of shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than the minimum required height and no more than a maximum of six feet in height.

5. Required perimeter screening may be located within required setbacks.

6. Transit stop amenities such as shelters, benches, and an associated concrete pad may be located within the landscape strip,

7. All parking lot landscaping and screening requirements are subject to review by the City’s landscape architect and approval by the ARB.

B. Interior Landscaping.

1. All surface parking lots designed for 20 or more parking spaces must devote at least 5% of the interior parking area to landscaping, as shown in Figure 739.10(B).

2. Multiple parking lots contained on a single site and any separate parking areas connected with drive aisles are considered a single parking area.

3. Interior islands should be distributed regularly throughout the parking lot. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.

4. An interior island must be a minimum of eight feet in width and 100 square feet in area. Each island must include at least one large tree or two small trees, as shown in Figure 739.10(B).

5. Interior islands must be protected by wheel stops or a six-inch curb, except where necessary to direct stormwater runoff.

6. Interior islands may be installed below the level of the parking lot surface to allow for runoff capture.

Figure 739.10(B) Interior Landscaping

(5) Screening.

A. Outdoor Storage and Waste Disposal Facilities.

1. Permitted outdoor storage and waste disposal facilities shall be located within the building or in the rear yard only and shall be screened at all times.

2. Outdoor storage and waste disposal facilities shall be completely screened by a combination of walls, fencing, or hedges, with a gate. Screening must be a minimum of six feet in height and at least 90% opaque.

3. Temporary storage of materials for construction on the premises may be located outdoors and does not require screening.

4. All screening requirements are subject to review by the City’s landscape architect and approval by the ARB.

B. Mechanical and Electrical Equipment.

1. Mechanical and electrical equipment cannot be located in a front yard or in a side yard when the side yard abuts a street (not including an alley).

2. Mechanical and electrical equipment shall be completely screened by a combination of walls, fencing, or hedges. Screening must be at least six inches higher than the topmost point of the equipment being screened and must be at least 75% opaque.

(d) Modification of Requirements.

(1) In the event that satisfying all of the open space, landscaping, and screening requirements would be infeasible due to the unique nature of the site or cause an unintended consequence that undermines the purpose of these requirements, a property owner (or designee) may submit a written request to the Zoning Administrator for a modification of the requirements.

(2) The Zoning Administrator may decrease required open space to 5% of the site, may reduce the required number of trees by 10%, may reduce interior parking lot landscaping by up to 10%, and may reduce the width of landscape strips by two feet, subject to final approval by the Planning Commission as part of the site plan review and approval process.

(Ord. 09-25. Passed 5-27-25.)

739.11 EXTERIOR LIGHTING.

Lighting Design. Exterior lighting fixtures shall comply with the following regulations:

(a) Light fixtures shall be stylistically compatible with the surrounding context both existing and proposed.

(b) Wall-mounted fixtures shall be scaled appropriately to complement the facades of buildings.

(d) All lighting fixtures provided shall adhere to the regulations set forth in Chapter 1328, Outdoor Lighting.

(e) All exterior lighting is subject to the review and approval of the ARB and should be included in a lighting plan for review and approval by the Planning Commission.

(Ord. 09-25. Passed 5-27-25.)

739.12 SIGNAGE.

Signs. All signs shall comply with the following regulations:

(a) Signs shall be stylistically compatible with the surrounding context both existing and proposed.

(b) Signs shall be scaled appropriately to complement the facades of buildings.

(c) All signs provided shall adhere to the regulations set forth in Chapter 770, Signs, which requires all exterior signage to be reviewed and approved by the ARB.

(Ord. 09-25. Passed 5-27-25.)

739.13 DEVELOPMENT PLAN REVIEW AND APPROVAL.

(a) All new development and alterations to existing development in a MU-TOD District shall comply with the regulations set forth in this chapter.

(b) Development plans shall be submitted and reviewed by the Planning Department, the Planning Commission, and/or the Architectural Review Board (ARB) according to Schedule 739.13.

Schedule 739.13
Type of Development Proposed	Administrative Review Approval	Review and Approval by Planning Commission	Review and Approval by Architectural Review Board (ARB)
(a) New construction, including building additions (up to 1,000 gross square feet).	Yes*	No	Yes
(b) New construction, including building additions (exceeding 1,000 gross square feet).	No (Recommendation Only)	Yes	Yes
(c) Proposed modifications or changes to the bulk or area of an existing building or site under 15% of disturbed area** of the site or change to dimensional standards as determined by the Zoning Administrator.	Yes*	No	No
(d) Proposed modifications or changes to the bulk or area of an existing building or site at or exceeding 15% of disturbed area** of the site or change to dimensional standards as determined by the Zoning Administrator.	No (Recommendation Only)	Yes	Yes
(e) Any proposed minor modifications to the exterior façade treatment of an existing building or required screening elements as determined by the Zoning Administration and pursuant to Section 739.13(c) herein.	Yes*	No	No
(f) Any proposed major modifications to the exterior façade treatment of an existing building or required screening elements as determined by the Zoning Administrator and pursuant to Section 739.13(c) herein.	No (Recommendation Only)	Site plan review may be needed	Yes
(g) Minor modifications to a previously approved site plan (See Section 739.13(d)(1))	Yes*	No	No
(h) Major modifications to a previously approved site plan (See Section 739.13(d)(2))	No (Recommendation Only)	Yes	Yes
May be approved administratively only if all requirements of this zoning ordinance are met. *Disturbed area is any land that has been altered or is planned to be altered or exposed in some way, such as by clearing, grading, or excavating for the purpose of construction.

(c) Modifications to Architectural Elements. Modifications to building design and features may be administratively approved according to the following criteria:

(1) Minor Modifications. The Zoning Administrator, or designee, has the authority to approve architectural features to existing buildings, including, but not limited to:

A. Façade treatments, paint color, siding, materials that are like one-for-one replacements.

B. Awnings, canopies, and other wall-mounted features pursuant to all other zoning standards and design regulations.

C. Window and door replacements that are like one-for-one updates consistent with design guidelines.

D. Rooftop mechanical equipment screening.

E. New architectural elements or façade rehabilitation not exceeding 10% of the building’s total façade area.

(2) Major Modifications. Any design modifications deemed major by planning staff shall be approved by the applicable board or commission as outlined in Sections 761.06 and 761.07. Project types that are deemed major include, but are not limited to, include the following:

A. Modifications to the façade exceeding 10%.

B. Changes to historic structures subject to preservation guidelines.

C. Architectural elements that do not comply with zoning standards or design guidelines.

(d) Modifications to Approved Applications.

(1) Minor Modifications. The Zoning Administrator, or designee, has the authority to grant minor modifications to an approved application.

A. The application must file a written amendment with planning staff. Minor modifications include, but are not limited to the following:

1. A less than 5% change to dimensional standards;

2. The minor relocation of any structure, easement, or landscape screen in any direction from the location shown on the approved application unless deemed by the department to significantly alter the approved application or intent of this code.

(2) Major Modifications. If any proposed amendment is not considered a minor modification, the approved application shall be amended pursuant to procedures and standards established by the original approval in accordance with Schedule 739.13.

(e) Nonconformity. Notwithstanding the regulations for nonconforming uses set forth in Chapter 751, no alterations that affect the exterior of an existing building, parking, or site circulation shall be permitted unless the entire building and its accessory uses, including parking facilities, comply with the regulations of this chapter.

(f) Development Plan Submission. Development plans of the proposed development shall be submitted for review to the Planning Commission and/or Architectural Review Board. All plans shall be drawn at a scale of not less than one inch = 50 feet, and designed in accordance with the regulations set forth in this chapter and any other applicable plans that may have been adopted by the City which apply to the subject site. The development plan shall include, but not be limited to:

(1) Site plan. The site plan shall minimally indicate the following:

A. The proposed location of all structures identified by type, size, height and use;

B. The assignment of all lands subdivided; and

C. The location of all structures within 200 feet of properties adjoining the proposed development.

(2) Circulation and parking plan. The circulation plan shall show on-site vehicular and pedestrian circulation patterns, including the location and dimensions of proposed driveways and walkways and the locations and arrangement of parking spaces and service facilities. A traffic engineer may be retained by the City, at the request of the Planning Commission, to further review, comment, and provide recommendations to the City, owner and developer. All costs incurred shall be reimbursed to the City from the applicant, owner or developer.

(3) Floor plans and elevations. These documents shall include plans and designs for all structures and such other information to explain the purpose, appearance, materials and construction.

(4) Landscape plan pursuant to Section 739.10(b)(2).

(5) Streescaping plan pursuant to Section 739.10(b)(3).

(6) Construction plan. The construction plan shall indicate the proposed method and standards for the construction and maintenance of utilities and paved areas.

(7) Any proposed covenants running with the land; deed restrictions or easements proposed to be recorded and covenants proposed for maintenance.

A. Schedule of construction.

B. Such other reasonable information as the Commission or Board may require.

C. All plans, unless otherwise specified, shall be prepared by professional persons qualified in the planning of land development, traffic circulation, and building and landscape design.

(g) Plan Review. Upon receipt of a development plan, the application shall be forwarded to the Planning Commission and/or the ARB as specified in Schedule 739.13, the Building Commissioner (if not a member of the ARB), and to any professional consultants retained by the City.

(h) Approval. The approval of the Planning Commission and/or the ARB shall be based upon compliance with the standards contained in this Zoning Code and with any supplementary criteria and guidelines that the Planning Commission and/or the ARB shall adopt from time to time.