(a)   This chapter is established in order to permit, under special circumstances and conditions, uses which foster the most desirable use of the land in the City; which insure compatibility and stability with existing and proposed adjacent uses; and which harmonize and integrate into the existing zoning and use plans those special uses authorized under special permit recommended by the Planning Commission as approved by Council in the U-1, U-2 and U-4 residential districts.

   (b)   The following are hereby declared to be special uses to which this chapter shall apply:

      (1)   Houses of worship or religious education, including churches, temples, synagogues, religious organizations, parish houses and parochial schools;

      (2)   Facilities for the physical, behavioral or mental health care and/or education of children through the twelfth grade level only, including nurseries, day care centers, orphanages and treatment institutions and dormitories or cottages necessarily related thereto. Individuals not receiving such services may reside on the premises so long as they provide support services;

      (3)   Senior housing and care facilities, including independent congregate living, assisted living, nursing, rest or convalescent homes, and other facilities for similar care and treatment;

      (4)   Residential behavioral health care facilities;

      (5)   Conversions to condominiums to the extent otherwise governed by ordinance;

      (6)   Office, research and high-tech production facilities which are:

         A.   Specifically designed and intended for occupancy by a single user;

         B.   Accessible only from either Fairmount Boulevard or Belvoir Road.

      (7)   Any other use not otherwise specified or authorized in this Planning and Zoning Code, to the extent that the requirements hereinafter set forth can reasonably be effectuated.

   (c)   This chapter shall not apply to dwelling units used for child care or as foster homes which are otherwise approved by the Board of Zoning Appeals in compliance with Section 1478.01.

(Ord. 99-45. Passed 12-20-1999.)

   (d)   A Special Use Permit for any use described in this section shall be applied for and shall be issued on the recommendation of the Planning Commission, subject to any reasonable conditions the Planning Commission may impose uniformly in similar circumstances, for any permitted location, after the applicant demonstrates to the Planning Commission by clear and convincing evidence that the provisions of this chapter will be met and that the special use will not impair surrounding property values or uses, vehicular parking and pedestrian or traffic conditions, lighting glare at night, noise pollution to others or other applicable criteria in the Planning and Zoning Code, and will not be otherwise contrary to the public health, safety and welfare.

      (1)   The Planning Commission may hold public hearings on any such application to the extent it deems reasonable, but not more than ninety days after the filing of the application and after compliance with all submissions or revisions thereof required under Section 1274.04.

      (2)   The recommendation of the Planning Commission shall be subject to the approval of a majority of Council. A denial by the Planning Commission may be appealed to Council by applicant's filing a written appeal within 15 days of such denial. The appeal shall be heard by Council within 45 days of the filing thereof.

      (3)   Upon approval by Council, a certificate of occupancy should be issued.

(Ord. 82-26. Passed 7-6-1982.)

   (e)   Group Homes.

      (1)   Definition of "group home".

         A.   A "group home" means a residence which is occupied by and provides residential services to unrelated individuals who do not otherwise qualify as a family and who have physical handicaps and/or moderate mental and/or social limitations and who live or propose to live together and function in the manner of a family, while monitored by State licensed professional caregivers.

         B.   "Group home" does not include cooperative residences for any other individuals or entities, or fraternities, sororities, social or business lodges, or any other combination of voluntary living arrangements.

         C.   "Group home" does not include any court ordered rehabilitation or maintenance living arrangements and/or care and/or treatment and/or rehabilitation services for severely mentally retarded or psychotic individuals, releasees from federal, state or county treatment or penal institutions, juvenile offenders, drug or alcohol offenders or wards of the court or welfare system.

      (2)   Criteria for group homes. In the event that the premises are occupied or proposed to be occupied by persons otherwise excluded by definition or if refusal to allow the proposed occupancy conflicts with State and Federal law, not otherwise superseded by the University Heights Charter and ordinances under Article XVIII Section 3 of the Ohio Constitution, then the issue of occupancy shall further be determined only upon appeal to the Board of Zoning Appeals which may grant a non-transferable special or conditional use permit, if the applicant qualifies the use as a "group home", and if the following conditions also apply:

         A.   Such site previously shall have been zoned or permitted for use and occupancy or legally occupied by two or more families and the number of occupants would otherwise be permitted upon the application of all other ordinances dealing with "occupancy," (e.g., 1478.03).

         B.   No change in the exterior appearance of the premises shall occur. There will be no additional garage space.

         C.   Traffic or traffic congestion is not likely to increase or be adversely affected, and

            1.   No parking in addition to the parking (1240.20(a), 1280.03) for which the premises were designed will be available for residents and/or staff.

            2.   No trucks will be parked outside of the premises as governed by Section 452.18.

         D.   If the persons occupying the premises require care and attention, there will be at least one person identified to the City on site as a caregiver twenty-four hours, seven days a week. Such caregiver will be included in calculating the occupancy of the premises, if there are sleeping facilities needed or provided on the site for such caregiver.

         E.   Excluding students at John Carroll University and residents on the Bellefaire campus, otherwise as governed by these ordinances, the total number of units, and the housing and the total number of occupants housed and residing in the City in space for six or more residents per housing unit regulated by the Ohio Building Code, shall be limited to ten housing units and 60 residents, in the absence of credible evidence demonstrating a lack of additional equivalent space legally available for the same use in each and all abutting and contiguous municipalities.

         F.   Residences owned or occupied or operated as a group home or as a permitted facility described in Section 1274.01(b)(2)(3)(4) or (6) shall not be permitted on any part of a lot located within a radius of 2000 feet from any part of any lot occupied by any other such facility.

         G.   The Board may also take into consideration walking distance to public transportation and that such distance is reasonably likely to cause a safety risk to aged (over seventy years), handicapped or disabled residents.

         H.   Applicant must represent that the granting of a special permit herein is not likely to place any citizen in physical danger or jeopardy allowing the proposed occupancy, e.g. felons on parole or release programs, who have been convicted of violent crimes such as murder, assault, rape, intimidation and/or hard drug addiction; or profoundly or severely mentally retarded or known psychotic individuals who cannot function an society without being a risk to themselves or others, or any similar demonstrable likely danger.

(1982 Code, § 1124.01) (Ord. 91-11. Passed 5-6-1990.)

   (a)   Area Usage and Frontage Regulations. The ground area shall be a separately owned lot as platted or replatted on City and County maps and occupied by buildings which shall not exceed 25% of the total area of the lot. Not less than 50% of the total lot area shall be developed as planted areas.

      (1)   Minimum area of the lot shall be:

         •   Senior housing and care facilities    4 acres

         •   Office, research and hightech production facilities    10 acres

         •   All other permitted uses    3 acres

      (2)   Minimum lot frontage shall be 150 feet.

      (3)   The portion of the site which is not covered with buildings and parking shall be developed as planted areas and landscaped as specified by Section 1274.03.

   (b)   Yard Regulations.

      (1)   Front. The front yard shall be not less than 75 feet in depth or not less in depth than the setback building line designated for the district on the zoning map and shall remain unoccupied except for a driveway for ingress and egress.

      (2)   Side and rear. Each lot shall have side and rear yards unoccupied by buildings, equal to the height of the main building except adjacent to a U-1, U-2 or U-4 District where such yards of not less than 50 feet shall be required. Rear and side yards may include accessory uses as permitted in division (c)(2) hereof.

   (c)   Use of Yards for Accessory Off-Street Parking and Loading.

      (1)   Front. No off-street parking or loading shall be permitted in the required front yard setback except for passenger loading and unloading. Where offstreet parking is behind the setback line and is buffered from view according to Section 1274.03, the Planning Commission may permit not more than 10% of the required parking spaces in front of the main building.

      (2)   Side and rear. Accessory off-street parking, loading or driveways shall be permitted no closer than ten feet from a side or rear property line or 30 feet from a U-1, U-2 or U-4 District. This area shall be a landscaped buffer, with screening provided according to Section 1274.03.

   (d)   Height Regulations. Height of buildings (exclusive of towers, steeples, cornices, antennas, or similar features as approved by Council) shall not exceed the following:

      (1)   Thirty-five feet when set back 50 feet from side or rear property lines.

      (2)   Forty-five feet when set back 100 feet from side or rear property lines.

   (e)   Frontage and Location Regulations.

      (1)   Subject to all other provisions of this chapter, special use permits may be permitted only on land fronting on the following streets: Cedar Road, Warrensville Center Road, South Taylor Road, Fairmount Boulevard, North Park Boulevard, Green Road.

      (2)   A special use permit may be issued by the Planning Commission for land fronting on other streets where the applicant demonstrates by clear and convincing evidence that the use will benefit and not impair surrounding property values or uses, vehicular parking and pedestrian congestion or traffic conditions, noise pollution and will not be otherwise contrary to the public health, safety or welfare, subject to the approval of a majority of Council.

   (f)   Prohibitions. Except for existing approved uses,

      (1)   No building may be used for the uses defined in this chapter unless originally designed and approved for such use.

      (2)   The conversion of a residence, store or other building, for a use defined in Section 1274.01 is prohibited.

      (3)   All uses defined in Section 1274.01 must have frontage on one of the streets referred to in division (e) hereof.

      (4)   No use permitted herein shall include sleeping or residential use accommodations on any part of the site.

      (5)   No variance from any of the requirements or prohibitions under Chapter 1274 may be granted without the approval of the Planning Commission and the approval of Council, each following public hearings at which the applicant demonstrates a clear benefit to the community and that denial will result in an unnecessary hardship to the applicant.

(1982 Code, § 1124.02) (Ord. 99-45. Passed 12-20-1999.)

   (a)   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 parking areas; and obscure the view of waste receptacles, parking areas and loading areas.

   (b)   Required Open Space. A minimum of 50% of the site shall be devoted to open space 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 satisfying the open space requirement.

      (2)   Landscaped areas having a width of less than ten feet, but not less than five feet, which are located adjacent to buildings 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.

      (3)   Landscaped areas having a width of less than five feet shall not be included as satisfying the open space requirement.

   (c)   Landscaping Along 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 the 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.

   (d)   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 1274.03(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.

   (e)   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, developed and 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, there shall be provided one major shade tree 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.

   (f)   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 bean 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.

   (g)   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.

   (h)   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.

   (i)   Flexibility in the Arrangement and Placement of Landscaping and Screening. The standards and criteria in divisions "(a)" through "(f)" 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, § 1124.03) (Ord. 99-45. Passed 12-20-1999.)

   (a)   Parking facilities shall be planned and developed for total off-street use with adequate ingress and egress in such manner as to interfere as little as possible with the use and enjoyment of neighboring residential properties and with pedestrian and vehicular traffic on neighboring streets.

   (b)   Parking facilities shall be located on the same lot as the main building or use served.

   (c)   In addition to ingress and egress driveways, parking spaces shall be provided by applying the greater of divisions (1), (2) and (3) hereof.

      (1)   One parking space for each 200 square feet of gross floor area of the entire building or use, but not less than 30 parking spaces.

      (2)   One parking space for each two seats provided or to be provided within any and all rooms used for assembly such as auditorium, chapel, meeting rooms, dining rooms, cafeteria or lunch room.

      (3)   One parking space for each two persons allowed as the maximum occupancy under applicable State fire laws, rules or regulations.

      (4)   For exceptional circumstances or in cases of clear hardship, the Planning Commission, may, after consideration of the proposed building or use, recommend a parking variance subject to the approval, modification or rejection of Council, and provided that such variance will not violate the spirit or intent of this chapter and provided further that a more harmonious and beneficial use of the property will result.

   (d)   The gross floor area of a building shall be the total area of all the floors, including the basement, measured from the exterior faces of the building.

(Ord. 89-26. Passed 7-6-1982.)

   (e)   The City of University Heights requires that parking spaces are not less than the dimensional guidelines published in the latest edition of the Institute of Transportation Engineer's, Traffic Engineering Handbook, chapter on "Parking and Terminals", exclusive of drives and turning spaces which shall be added parking area.

(Ord. 2001-14. Passed 3-19-2001.)

   (f)   All parking areas and driveways shall be provided with an asphalt, concrete or other similar hard surface as shall be approved by the Building Commissioner. All parking areas and driveways shall provide adequate grading and drainage so that all water is drained within the lot on which the parking area or driveway is located in such manner that water shall not drain across public or private property. Concrete or stone curbs at least six inches above the level of the surface of the parking area and at least 18 inches below the surface shall be provided to define the limits of the parking area except at exits and entrances. Such curbs shall be at least six inches thick.

   (g)   The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets. Whenever possible, the centerline of the access driveways on the frontage street shall be at least 40 feet from the right-of-way line of the nearest intersecting street and spaced at not less than 120 feet intervals measured from the centerline of the driveways. Parking areas of 15 spaces or less shall have at least one single lane driveway and shall be designed so that vehicles can be driven forward into the street. Those having 16 or more spaces shall have two single-lane driveways, if possible, or at least one two-lane driveway.

   (h)   Entrances and exits shall be limited to three lanes. The width of such entrances and exits, measured at the setback line, shall conform to the following schedule:

 

 

   In all cases, the radius of the edge of the apron shall be at least 12 feet so that a car entering from the curb lane shall be perpendicular to the setback line at the driveway without obstructing vehicles in other traffic lanes.

   (i)   Sources of light for illumination of buildings or grounds shall be shielded so as not to be objectionable or hazardous to owners or users of adjacent property or public streets.

(1982 Code, § 1124.04) (Ord. 82-26. Passed 7-6-1982; Ord. 99-45. Passed 12-20-1999.)

   (a)   Submission of Plans. Preliminary and final site plans shall be prepared for all types of proposed uses governed by this chapter and submitted to the Planning Commission. The plans include:

      (1)   Survey. A property line and topographic survey, showing the land owned and the proposed development and use.

      (2)   Buildings. The locations, size, heights and use of all main and accessory buildings and their general design and color, together with estimated maximum occupancy during usage.

      (3)   Traffic. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; estimates of traffic volume; plans for control of traffic in and around the development.

      (4)   Utilities. The plans for all utility installations and connections and estimates required.

      (5)   Parking areas. A layout and estimate of the number of spaces, design features, type of pavement, locations and type of lighting fixtures.

      (6)   Site developments. Other site developments, including grading and drainage, designs of landscaped yards, planting areas and strips adjoining residential areas.

      (7)   Signs. The size, location, direction and nature of outdoor signs, subject to standards provided in other sign regulations contained in the Planning and Zoning Code.

      (8)   Occupancy requirements for applicant's maximum use, including usual time in use, number of occupants, number of grants and number of invitees.

      (9)   Fees and copies. A fee of one hundred dollars ($100.00) shall be paid to the Division of Building Engineering and Inspection and six copies of all plans and other documents shall be filed.

   (b)   Approval of Plans. If the Planning Commission finds the plans are in accord with this chapter and with the Planning and Zoning Code and other ordinances of the City, the final development plan shall be referred to the City Architect for study and approval. The plan may be modified by the same procedure. No building permits shall be issued by the Building Inspector until such development plan has been approved as provided herein and until all other City and State requirements have been met.

   (c)   Time Limit. Failure to begin the construction of all or any independent component of the plan within six months after the issuance of a permit shall void the plan as approved unless an extension of time is granted by Council.

(1982 Code, § 1124.05) (Ord. 82-26. Passed 7-6-1982; Ord. 99-45. Passed 12-20-1999.)

   No use or occupancy shall be permitted until the plan as originally submitted and approved is completed and a certificate of occupancy is obtained from the Building Inspector as provided in the Building Code.

(Ord. 82-26. Passed 7-6-1982; Ord. 99-45. Passed 12-20-1999.)

   (a)   Use permits granted under this chapter shall be renewed annually upon payment of a renewal fee and certification by the Building Commissioner to the Planning Commission that there has been no material change in the use or conditions upon which the use permit was granted. No permit granted hereunder shall be transferable or assignable.

   (b)   The renewal fee for annual inspections required herein shall be $50.00.

(1982 Code, § 1124.07) (Ord. 82-26. Passed 7-6-1982; Ord. 99-45. Passed 12-20-1999.)