The U-9 District and its regulations are established in order to achieve, among others, the following purposes:

   (a)   To permit and encourage a mixture of uses including higher density residential, offices, limited retail, and civic uses in a manner which ensures the area is functionally competitive in today's housing and retail markets.

   (b)   To provide increased opportunities for economic development while strengthening the diversity of uses found in the community.

   (c)   To provide a pedestrian-friendly, mixed use district that imparts a sense of identity and creates a unique place in the center of the community.

   (d)   To establish design guidelines for new development or redevelopment to ensure that an aesthetically pleasing, and pedestrian friendly environment is created. Specifically, the design guidelines are intended to:

      (1)   Protect and preserve the appearance and character of the community.

      (2)   Reduce the impact between zoning districts;

      (3)   Provide interest along the streetscape.

   (e)   Promote building additions and renovations in a manner consistent with the objectives, standards, and design criteria for this district.

   (f)   To ensure that development occurs in a unified manner in accordance with an approved development plan.

(1982 Code, § 1118.01) (Ord. 2000-05. Passed 2-7-2000.)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, or maintained, in whole or in part in the U-9 District only for the uses permitted herein.

   (a)   A use listed in Schedule 1266.02 shall be permitted by right in the U-9 District when denoted by the letter "P" provided that all requirements of other City ordinances and this Zoning Code have been met;

   (b)   A use listed in Schedule 1266.02 shall be permitted as a special use in the U-9 District when demoted by the letters "SP", provided the Planning Commission first makes the determination that the requirements of either Chapter 1274 or Chapters 874 and 1284, as applicable, have been met;

   (c)   A use listed in Schedule 1266.02 shall be permitted as an accessory use in the U-9 District when denoted by the letter "A." Such accessory uses shall be permitted as a subordinate use when it is clearly incidental to and located on the same zoning lot as the principal building or use.

(Ord. 2017-49. Passed 1-2-2018.)

 

   (a)   Medical offices, urgent care centers and hospitals are conditionally permitted in the U-9 District provided a minimum distance of 200 feet separates residential uses from the lot on which the medical use is located.

   (b)   Other specially permitted uses shall be subject to the requirements of Chapter 1272.

(1982 Code, § 1118.03) (Ord. 2000-05. Passed 2-7-2000.)

   The minimum area and width of lots and the minimum percentage of lots required to be devoted to landscaped open space in the U-9 District are specified in Schedule 1266.04.

 

 

(1982 Code, § 1118.04) (Ord. 2000-05. Passed 2-7-2000.)

   All buildings and structures shall be located on a lot in compliance with the setback requirements set forth in Schedule 1266.05.

 

(1982 Code, § 1118.05) (Ord. 2000-05. Passed 2-7-2000.)

   (a)   Off street parking areas shall comply with the minimum parking setbacks, measured from the street right-of-way or property line, as specified in Schedule 1266.06. The required parking setback areas shall be landscaped according to Section 1266.11. Parking structures shall comply with the building setback requirements set forth in Section 1266.05.

 

   (b)   Bicycle Parking. Off-street bicycle parking shall be provided as follows:

      (1)   One bicycle parking space shall be provided for every 20 automobile parking spaces, with a minimum of two spaces and a maximum of 40 spaces. No bicycle parking is required where less than 20 automobile parking spaces are required.

      (2)   Each bicycle parking space shall be sufficient to accommodate a bicycle seven feet in length and two feet in width, and shall be provided with some form of stable frame permanently anchored to a foundation to which a bicycle frame and both wheels may be conveniently secured.

      (3)   All bicycle parking spaces shall be clearly marked as such and shall be separated from auto parking and traffic. The separation of bicycle parking spaces and the amount of corridor space shall be adequate for convenient access to every space when the parking area is full.

      (4)   Bicycle parking spaces shall be located near the entrance of the use being served and within view of pedestrian traffic if possible, and shall be sufficiently secure to reasonably reduce the likelihood of bicycle theft. However, they must be located so not to interfere with pedestrian or automobile traffic patterns or pose any potential safety problems.

      (5)   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.

      (6)   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.

(1982 Code, § 1118.06) (Ord. 2000-05. Passed 2-7-2000.)

   All dwelling units shall comply with the following dwelling unit floor area requirements.

   (a)   Each dwelling unit shall have a minimum floor area of 600 square feet plus 100 square feet for each bedroom.

   (b)   Measurements shall be made from the interior face of exterior walls and from the centerline of party walls.

   (c)   All areas that are within garages, terraces, porches, public hallways, and general storage areas shall be excluded in this measurement.

(1982 Code, § 1118.07) (Ord. 2000-05. Passed 2-7-2000.)

   (a)   All buildings and structures shall the maximum building height specified in Schedule 1266.08.

   (b)   All buildings shall be designed to create the appearance of having a minimum of two stories through the use of architectural elements.

 

 

(1982 Code, § 1118.08) (Ord. 2000-05. Passed 2-7-2000.)

   All uses in the U-9 district shall comply with the following design requirements.

   (a)   Each lot shall have a minimum of 65% of the linear length of the lot frontage abutting Cedar Road or Warrensville Center Road devoted to a building or wall that is located within 30 feet of the public right-of-way. The building or wall shall comply with the following:

      (1)   The length of lot frontage utilized in the calculation shall not include the width of access drives.

      (2)   Walls shall be constructed of solid masonry and shall have a height not less than three feet, not including ornamentation or other features.

      (3)   Buildings shall comply with the setback requirements set forth in Section 1266.05 and the height requirements of Section 1266.08.

      (4)   Walls shall be located a minimum of ten feet from the public right-of-way.

   (b)   Walls of buildings shall comply with the following:

      (1)   When the wall of a building faces a public right-of-way, or parking area, or is within 45 degrees of facing a public right-of-way, a minimum of 50% of such wall area, on the ground floor, shall have display-type windows. The bottom edge of such window shall not be higher than three feet above grade. A maximum of 20% of such windows may be opaque.

      (2)   Walls shall have no more than 20 feet of contiguous wall length devoid of windows; on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays or an undulation of the building, so that a pedestrian scale, rhythm, and visual interest is created.

      (3)   Walls that meet the following criteria shall be exempt from the requirements of division (b)(2) above:

         A.   Two walls face one another, are separated by not more than 30 feet and the space between the two walls is used for servicing the buildings, or

         B.   The wall faces an area devoted solely to loading and delivery and the wall is screened from view from all public rights-of-way, parking areas and abutting residential areas.

   (c)   Residential garage entries shall not be located along Cedar Road or Warrensville Center Road. Residential garage entries may not face any other public right-of-way unless it is a minimum of twenty feet behind the front building face of the principal structure.

   (d)   All on-site utility and power lines shall be buried underground.

(1982 Code, § 1118.09) (Ord 2000-05. Passed 2-7-2000.)

   (a)   Off-Street Parking Facilities. Off-street parking facilities shall be provided in accordance with Chapter 1272.

      (1)   The use of community and/or shared parking facilities is encouraged. The Planning Commission may approve a development plan with a reduction in the number of parking spaces required when the following conditions are met:

         A.   If it can be shown that because of varying peak demands, the uses can be adequately accommodated with a lesser number of parking spaces than that which is required based on the sum of the various uses computed separately; and

         B.   It is determined that the lesser number of spaces is appropriate and consistent with these regulations. In such case not more than 50% of the required parking spaces shall be shared

      (2)   All walkways and parking facilities shall conform to the design requirements established by the Americans with Disabilities Act (ADA).

   (b)   Lighting. Lighting fixtures shall comply with the following regulations:

      (1)   Light poles shall not exceed a height of 20 feet.

      (2)   All lighting fixtures shall be arranged, hooded or shielded so as to direct light away from adjoining residential districts and streets and so that light source is not directly visible from adjacent properties.

   (c)   Signs. Signs shall be provided according to the regulations set forth in Chapter 1270.

(1982 Code, § 1118.10) (Ord. 2000-05. Passed 2-7-2000.)

   All portions of the site not devoted to buildings and pavement shall be landscaped and screening shall be provided in order to: remove, reduce, lessen or absorb the impact between one use or zone and another; reduce the impact of large parking areas; provide interest and lessen the monotony of the streetscape; and obscure the view of waste receptacles, parking areas and loading areas.

   (a)   Required Open Space. A minimum of the site shall be devoted to open space as set forth in Section 1266.04 and shall be landscaped according to the requirements of this section.

      (1)   Landscaped areas having a width of ten feet or more, including but not limited to areas devoted to required setbacks and interior parking lot landscaping, shall be included as meeting the open space requirement.

      (2)   Landscaped areas having a width less than ten feet, but not less than five feet, which are located adjacent to buildings or walls may be included as meeting the open space requirement when the Planning Commission determines that the area is of sufficient size and shape to provide for a suitable landscaped area.

   (b)   Landscaping Along the Street Frontage. All areas within the required building and parking setback, excluding driveway openings, shall be landscaped. The following minimum plant materials shall be provided and maintained.

      (1)   One major shade tree, for every 50 linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

      (2)   One shrub for every ten linear feet of lot frontage or fraction thereof, not including drive entrances.

      (3)   Grass, ground covers or other live landscape treatment, excluding paving or gravel.

   (c)   Screening Of Parking Lots Along Public Streets. Whenever parking areas consisting of five spaces or more are located such that the parked cars will be visible from a public street, screening shall be provided and maintained between the parking area and the street right-of-way. To the extent that the provisions of Section 1266.11(b) have not satisfied the provisions of this section, additional screening shall have a minimum height of three feet and shall be placed along the perimeter of the parking area to effectively obscure a minimum of 50% of the view of the parking area. A wall that is provided in compliance with Section 1266.09(a) shall fulfill this requirement.

   (d)   Landscaping on the Interior of Parking Lots. For any parking area that is designed to accommodate 40 or more vehicles, a minimum of 10% of the parking lot area shall be planted as landscaped island areas. These areas shall be reasonably distributed throughout the parking lot so as to provide visual and climatic relief from broad expanses of pavement.

      (1)   Each landscaped island shall be a minimum of ten feet in any horizontal dimension.

      (2)   Within the landscaped islands, one major shade tree shall be provided for every ten parking spaces. Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

      (3)   Landscaped areas adjacent to the perimeter of the parking area shall not be counted as interior parking lot landscaped areas.

      (4)   The interior parking lot landscaped areas shall be counted toward the minimum open space required in Schedule 1266.04(c).

   (e)   Screening Adjacent to Residential Districts. Screening shall be provided within the required setback areas adjacent to residential districts in compliance with the following:

      (1)   Screening shall consist of one or a combination of the following:

         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

         B.   A solid non-living opaque structure such as a masonry wall; or a solid fence constructed of materials approved by the Architectural Review Board.

         C.   A fence with openings through which light and air may pass together with a landscaped area at least 20 feet wide.

         D.   A landscaped mound or berm at least 20 feet wide with a maximum height of three feet.

      (2)   The height of screening shall be in accordance with the following:

         A.   Visual screening walls, fences, or mounds and fences in combination shall be a minimum of six feet high measured from the natural grade.

         B.   Vegetation at the time of installation shall be a minimum of six feet high measured from the natural grade.

   (f)   Screening of Waste Receptacles. Waste receptacles shall be screened from view on all sides by building walls and by supplemental opaque fences, walls, or landscaping having a minimum height of six feet.

   (g)   Screening of Loading Areas. Loading areas shall be screened from view from public streets, parking areas, and adjacent lots by a wall or dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer, having a minimum height of eight feet.

   (h)   Flexibility in the Arrangement and Placement of Landscaping and Screening. The standards and criteria in divisions "(a)" through "(g)" establish the City's objectives and levels of landscaping intensity expected. However, in applying these standards, the Planning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of this district and the proposed development or redevelopment are best satisfied.

(1982 Code, § 1118.11) (Ord. 2000-05. Passed 2-7-2000.)

   The following development and design guidelines are established to ensure that all new development or redevelopment complies with the purpose and objectives of this Chapter, as set forth in Section 1266.01. These guidelines are in addition to the Criteria for Appearance Codes; in the event there is a conflict between these guidelines and the Appearance Code, the guidelines contained in this Chapter shall govern.

   (a)   General Criteria.

      (1)   The proposal shall enhance and improve the character of the community and be appropriate and compatible with its surroundings in accordance with the intent, objectives and development requirements set forth in this Chapter.

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

      (3)   Buildings are encouraged to be placed near the street to provide a sense of enclosure and definition to the street. This criteria nevertheless recognizes that the internal portion of the site will also be developed with new buildings or renovations and/or additions to existing buildings.

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

      (5)   Where natural or existing topographic patterns positively contribute to the appearance and utility of a development they shall be preserved and developed. Modification to topography will be permitted providing the modifications do not effect surrounding property or the overall quality of the proposed development in an adverse way.

      (6)   Pedestrian activity shall be encouraged and safe pedestrian connections shall be provided between the principal uses in the project area and between the principal uses, adjacent uses and sidewalks.

   (b)   Design of Buildings.

      (1)   Architectural style is not restricted, but the evaluation of the project's appearance -shall be based on the quality of its design and relationship to the prevailing design characteristics of the surrounding area.

      (2)   Building components, such as windows, doors, eaves, and parapets, shall be composed on a building facade so as to create a proportional and harmonious relationship with one another and surrounding buildings.

      (3)   Architectural features should be placed upon a building facade so that a well-balanced pattern with a constant rhythm and harmonious appearance results.

      (4)   Buildings and principal building entrances shall be oriented toward the street so as to define the street edge and contribute to a dynamic pedestrian and street environment.

      (5)   Buildings surrounding public spaces shall be oriented so as to focus activity on that area.

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

   (c)   Building Materials.

      (1)   Buildings shall have finish materials on all sides. Finish materials shall not include exposed concrete, cinder block or stucco (commonly known as "dryvit") unless it is utilized with bands of accent color, recessed or protruding belt courses, wide reveals or combinations thereof.

      (2)   A combination of materials, textures, colors, and finishes are preferred to create visual interest.

   (d)   Design of Parking Areas.

      (1)   Walkways should be provided in large parking areas and in parking areas that are associated with a high pedestrian volume and shall be clearly distinguished and separated from the automobile parking spaces and aisles.

         A.   These walkways shall be integrated with existing sidewalks and pedestrian routes and coordinated with the surrounding neighborhoods where pedestrian routes are located.

         B.   Such walkways shall be constructed of concrete, stone, or brick and set apart and enhanced with landscaping and lighting.

      (2)   Entrances and exists to parking areas should be located so as to minimize traffic volumes and conflicts with pedestrians, residential streets, and busy intersections.

      (3)   Parking structures should be designed with a facade treatment that reasonably screens the parked vehicles, at each level of the parking structure, from view from the street.

   (e)   Landscaping.

      (1)   Landscape treatment shall be provided to emphasize a pedestrian environment, separate pedestrian ways from parking areas, enhance architectural features, provide shade, and strengthen vistas and important axes between the development and other locations near the Cedar/Warrensville intersection.

      (2)   Trees and shrubs shall be arranged to create varied and attractive views.

      (3)   Plant material should provide a variety of color and displayed throughout the year.

   (f)   Fire Protection. All development and redevelopment shall comply with the National Fire Prevention Associations 24, Standard for the Installation of Private Fire Service Mains and their Appurtenances.

(1982 Code, § 1118.12) (Ord. 2000-05. Passed 2-7-2000.)

   All new development and alterations to existing development in a U-9 District shall comply with the regulations set forth in this Chapter.

   (a)   Development plans shall be submitted and reviewed by the Planning Commission and/or the Architectural Review Board (ARB) according to Schedule 1266.13.

 

 

Notwithstanding the regulations for nonconforming uses set forth in Chapter 1276, no alterations which 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.

   (b)   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 1" = 50', designed in accordance with the regulations set forth in this Chapter and any 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 indicate:

         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 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 other such other information to explain the purpose, appearance, materials and construction.

      (4)   Landscape plan: These drawings shall show:

         A.   The proposed grading and drainage plan;

         B.   The landscape treatment; and

         C.   Plazas, parks and other landscape features.

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

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

      (7)   Schedule of construction.

      (8)   Such other reasonable information as the Commission or Board may require.

      (9)   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.

   (c)   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 1266.13, the building commissioner (if not a member of the ARB as provided in Section 1266.14(c)(1), and to any professional consultants retained by the City.

   (d)   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.

(1982 Code, § 1118.13) (Ord. 2000-05. Passed 2-7-2000.)