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Warrensville Heights
City Zoning Code

TITLE THREE

Zoning Districts and Map

1131.01 DISTRICTS ESTABLISHED.

   For the purpose of regulating the location of trades, industries, residential buildings and other uses of property, the number of square feet of lot area per dwelling unit, the width of lots, the location and size of yards, the heights of buildings and the alignment of buildings along street frontages, the City is hereby divided into the following districts:
      U-1   Single-Family Residential District.
      U-3   Multi-Family Residential District.
      U-4   Retail Business District.
      U-5   Special Commercial and Institutional District.
      U-6   Limited Industrial District.
      U-7    Planned Commercial Development District.
      U-7A    Planned Mixed-Use Development District.
      U-7C    Planned Residential Development District.
      U-7D    Planned Residential Development District.
      U-8    City Hub District.
      (Ord. 2020-124. Passed 11-4-20.)

1131.02 ADOPTION OF ZONING MAP.

   The aforesaid districts are designated by symbols and the locations and boundaries are established on a map entitled "Warrensville Heights Zoning Map". Such Zoning Map and all designations, notations, schedules and other information shown thereon and all amendments thereto are hereby made a part of this Planning and Zoning Code. Such Zoning Map may be amended in the same manner as any other part of this Planning and Zoning Code, and the fact of such amendments shall be shown thereon.
(Ord. 2020-124. Passed 11-4-20.)

1131.03 DISTRICT BOUNDARY LINES.

   The district boundary lines shown on the Warrensville Heights Zoning Map enclose an area of a designated district, and generally follow the center lines of streets or alleys, railroad rights of way, lot lines or their extensions. However, where a boundary line is shown by dimension or relationship as being located a specific distance from and parallel to a street line, this distance shall control; and where a boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions shown on the Zoning Map, it shall be determined by use of the scale appearing thereon. In cases of uncertainty, the Planning Commission shall determine the exact location. (Ord. 2020-124. Passed 11-4-20.)

1131.04 ZONING LOT DIVIDED BY DISTRICT BOUNDARY.

   Where any lot is partly in one District and partly in another District with different regulations, the part of such zoning lot within each District shall conform to the regulations of that District unless determined otherwise by the Planning Commission.
(Ord. 2020-124. Passed 11-4-20.)

1131.05 ANNEXED TERRITORY.

   Upon the annexation of any territory to this City after the passage of this Planning and Zoning Code, any zones, Districts and regulations in effect with respect to such territory up to the time of its annexation shall continue in effect until changed in the manner prescribed in this Planning and Zoning Code for amendments or changes. In the event that zones, Districts and regulations are not established in such territory at the time of its annexation, the annexed territory shall be deemed to be in the U - 1A District and the regulations of this Planning and Zoning Code applicable to such District shall be in force.
(Ord. 2020-124. Passed 11-4-20.)

1131.06 NEW CONSTRUCTION AND USE TO CONFORM TO DISTRICT REGULATIONS.

   Except as otherwise provided for in this Planning and Zoning Code, no building or premises shall hereafter be used and no building or part thereof shall be erected, raised, moved, reconstructed, enlarged or altered except in conformity with the regulations herein established for the District in which it is located.
(Ord. 2020-124. Passed 11-4-20.)

1131.07 PROHIBITED USES.

   The following uses shall be prohibited in any and all Zoning Districts:
   (a)   Billboards and advertising devices except as specifically authorized in Chapter 1163;
   (b)   Garbage, dead animal, or offal disposal or reduction plants;
   (c)   Penal and correctional institutions;
   (d)   Junk yards;
   (e)   Crematories except as specifically authorized as accessory to a funeral parlor;
   (f)   Manufacturing or other operations which create noise, smoke, vibration or odor deemed to be a public nuisance; and
   (g)   Marijuana cultivation, processing, or dispensing facilities.
      (Ord. 2024-079. Passed 7-16-24.)

1131.08 TIME LIMITATION ON FINAL DEVELOPMENT PLAN APPROVALS.

   Failure to obtain a Building Permit and commence contruction within twelve (12) months from the date of a Final Development Plan approval granted pursuant to Section 1137.12, 1139.11, 1141.11, 1143.08, 1145.09, 1147.09, 1149.09 or 1151.08 shall render such development plan approval null and void. The Building Commissioner may grant an extension of time not to exceed three (3) months and extension beyond three (3) months must be granted by the Planning Commission. (Ord. 2023-081. Passed 9-5-23.)

1133.01 PERMITTED USES.

   In a Class U-1 District, no building or premises shall be used, and no building shall be erected which is designed, constructed or used, for any purpose other than a detached single-family dwelling, occupied and used by one family as defined in Sections 1121.17 and 1121.18.
(Ord. 2023-081. Passed 9-5-23.)

1133.02 CONDITIONALLY PERMITTED USES.

   The following uses may be permitted in a Class U-1 District provided that they first obtain a Conditional Use Permit:
   (a)   Churches.
   (b)   Public Utility Facilities.
   (c)   Community Centers, Parks, and Playgrounds.
      (Ord. 2020-124. Passed 11-4-20.)
   

1133.03 ACCESSORY USES.

   The following accessory uses may be permitted in a Class U-1 District, provided that such accessory use conforms to the criteria set forth herein and is located upon the same lot or use to which it is accessory.
   (a)   Garages. Each dwelling shall have an enclosed garage space of at least one 264 square feet, provided however that any private garage permitted as an accessory use shall not provide storage for more than one motor vehicle for each 2,000 square feet of lot area. Garages shall comply with the provisions of Section 1133.12.
   (b)    Home Occupations. Home occupations are permitted for professional and business offices where each person employed in such business or profession actually resides at the residence. Such business or professional office shall not have any signage. No residence may be used as a store, trade or business for the sale or storage of any merchandise or other property.
   (c)   Parking. The parking or storage of any truck, bus or other commercial vehicle is prohibited. Motor vehicles shall be parked only within an enclosed garage or on a paved driveway. A motor vehicle which is not capable of operation on a public street or highway shall not be parked or permitted to remain outside of an enclosed garage. Parking shall conform to the provisions of Chapter 1161.
   (d)   Storage Sheds. An accessory storage shed may be permitted provided that:
      (1)   A detached accessory shed shall be located a minimum of six (6) feet from the rear lot line and three (3) feet from any side lot line.
      (2)   A detached accessory shed located closer to the front lot line than eighty (80) feet, shall be no closer to any of its side lot lines than ten (10) feet;
      (3)   The maximum height of a detached accessory shed shall be eleven (11) feet for a gables, hip, mansard or gambrel roof; no flat roof shall be permitted on any tool shed;
      (4)   The floor area of said detached accessory shed shall not exceed one hundred twenty (120) square feet;
      (5)   Not more than one (1) accessory building, other than a private garage, will be permitted on a residential lot; and
      (6)   All detached accessory tool sheds shall have a four-inch thick concrete pad designed for adequate drainage so as to prevent the forming of pools of water at the base of the shed.
      (7)   The materials, colors, and design of each storage shed shall match or complement the materials, colors, and design of the dwelling.
      (8)   No storage shed shall exceed one hundred (100) square feet in area without first obtaining the approval of the Planning Commission.
      (9)   No storage shed shall be installed without first obtaining a Building Permit.
   (e)   Roomers. The rental of rooms is prohibited.
   (f)   Keeping of Animals. The keeping of wild and exotic animals, farm animals, and/or fowl shall be prohibited.
   (g)   Accessory Recreation Structures. Accessory recreation structures, such as children's play equipment, and fenced courts, may be permitted provided such accessory recreation structures:
      (1)   Are located in the rear yard behind the principal building;
      (2)   Are located a minimum of ten feet (10') from the rear lot line; and
      (3)   Comply with the side yard setbacks.
   (h)   Signs. Signs in conformance with Chapter 1163.
   (i)   Swimming Pools. Accessory swimming pools subject to conformance with Chapter 1167.    (Ord. 2020-124. Passed 11-4-20.)

1133.04 MINIMUM LOT AREA, WIDTH, AND FRONTAGE

   In a Class U-1 District no lot shall be used to accommodate more than one (1) single family dwelling. In a Class U-1 District no lot shall be created, altered, or used, nor shall any dwelling unit be constructed or occupied on any lot not separately owned and duly recorded at the time of the passage of this Chapter, except in conformance with the minimum standards set forth in the following table:
 
Area District
Minimum Lot Area
Minimum Lot Width
A
7,800 Square Feet
60 Feet
B
7,800 Square Feet
75 Feet
C
12,000 Square Feet
85 Feet
   Lots separately owned and duly recorded prior to the effective date of this ordinance shall be considered buildable lots.
(Ord. 2020-124. Passed 11-4-20.)

1133.05 BUILDING SETBACKS.

   On any street frontage in a Class U-1 District, the location of the building or setback line shall be thirty percent (30%) of the average or normal depth of the lots having frontage along such street, but not more than a maximum of forty (40) feet, provided however, that where the average established setback of the lots in the block between two intersection streets is less than provided herein, the average established setback shall be the minimum setback line. On a corner lot, the building line along the side street frontage shall be a line parallel to the street line and distant therefrom fifteen percent (15%) of the average depth of the next adjoining lot on said side street.
(Ord. 2020-124. Passed 11-4-20.)
   

1133.06 SIDE YARDS.

   Every detached single family dwelling shall have a side yard along each side lot line other than a street line or rear line. The least dimension of any side yard shall be three (3) feet, and at least twenty percent (20%) of the average width of the lot shall be devoted to side yards, provided however, that not more than twenty-five (25) feet need be so devoted. Accessory buildings shall comply with the minimum side yard setbacks for dwellings, except as provided elsewhere in this Chapter. (Ord. 2020-124. Passed 11-4-20.)

1133.07 REAR YARDS.

   Every main building shall have a rear yard extending the full width of the lot. The least dimension of such rear yard shall be twenty percent (20%) of the average depth of the lot and at least one-half (1/2) of the height of the building. Detached accessory sheds and/or garages shall be located not closer than six (6) feet from the rear lot line.
(Ord. 2020-124. Passed 11-4-20.)

1133.08 REQUIRED DWELLING SIZES.

   Dwellings shall comply with the following standards:
   (a)   A single-family dwelling shall have not less than four habitable rooms and bath, shall have a basement of not less than 400 square feet of floor area or a utility room of not less than 120 square feet of floor area and shall have a total floor area (exclusive of utility room, attic and basement) as follows:
      (1)   In the case of a one-story dwelling with a basement, the minimum floor area shall not be less than 1,100 square feet.
      (2)   In the case of a one-story dwelling without a basement, the minimum floor area shall not be less than 1,200 square feet.
      (3)   In the case of a one and one-half story dwelling the total floor area on the first floor shall not be less than 960 square feet and the upper floor area shall be provided with heating and plumbing facilities roughed in.
      (4)   In the case of a two-story dwelling, the total floor area shall not be less than 1,250 square feet.
   (b)   The ceiling of the first floor and second floor of any single-family dwelling shall not be less than seven feet, six inches high.
   (c)   The roof shall have a pitch of not less than thirty degree.
      (Ord. 2020-124. Passed 11-4-20.)
   

1133.09 PROJECTIONS INTO REQUIRED YARDS.

   Between the front building setback line and the street line no building or structure (including walls and fences) or portion thereof, extending above the established grade, may be erected, except as otherwise provided in this Planning and Zoning Code, and as follows:
   (a)   A one-story unenclosed porch not more than eight (8) feet in width and four (4) feet in depth may be constructed between the building line and the street line.
   (b)   The following building features may extend not more than three (3) feet into any front setback, or two (2) feet into any side or rear setback:
      (1)   Cornices, canopies, eaves, overhangs and similar features;
      (2)   Chimneys;
      (3)   Bow windows, bay windows, and similar features.
      (4)   Steps and landings from required exit doors.
   (c)   Accessibility ramps for disabled persons which meet Americans with Disabilities Act guidelines may extend into required front, side or rear yard setbacks subject to a determination by the Building Commissioner that the design of such facilities is reasonable and constitutes the least possible intrusion into the required setback. Such structures shall be considered temporary and any permit issued by the Building Commissioner shall contain a written agreement by the applicant to remove same upon termination of the accessibility need.
      (Ord. 2020-124. Passed 11-4-20.)

1133.10 HEIGHT REGULATIONS.

   No principal building shall be erected with a height in excess of thirty-five (35) feet. No detached accessory garage shall exceed fifteen (15) feet in height.
(Ord. 2020-124. Passed 11-4-20.)

1133.11 SIDEWALKS.

   Sidewalks shall be required across the frontage of every lot and shall extend across the entire street frontage of each lot. Sidewalks shall conform to the specifications of Section 903.04 of the Codified Ordinances.
(Ord. 2020-124. Passed 11-4-20.)

1133.12 ACCESSORY GARAGE STANDARDS.

   (a)   Garages shall not exceed fifteen (15) feet in height unless specifically approved by the Planning Commission.
   (b)   No garage shall be remodeled into habitable living space or demolished unless another garage complying with these regulations is constructed within one (1) year of the date of the remodeling or demolition permit.
   (c)   No garage shall exceed five hundred (500) square feet in area without the approval of the Planning Commission.
   (d)   No permit shall be issued for a garage without adequate building and site plans.
   (e)   Garages shall be setback a minimum of three (3) feet from any side lot line and six (6) feet from the rear lot line.
   (f)   The materials, colors, and design of each garage shall match or complement the materials, colors, and design of the dwelling.
   (g)   Garages shall have gutters and downspouts. Water from downspouts shall be either connected to the storm sewer or discharged onto splash blocks and directed so as not to adversely impact adjacent properties.
   (h)   Garages shall be completely enclosed. Open carports are not permitted.
   (i)   Garages shall have at a minimum:
      (1)   A ceiling receptacle to accommodate a garage door opener;
      (2)   At least one (1) GFI wall receptacle; and
      (3)    At least one ceiling light fixture controlled by a wall switch.
         (Ord. 2020-124. Passed 11-4-20.)

1133.13 ACCESSORY DECKS.

   (a)   Decks shall be located a minimum of three (3) feet from any side lot line and ten (10) feet from any rear lot line.
   (b)   All decks shall require a building permit prior to construction. No building permit shall be issued for a deck without adequate construction and site plans.
   (c)   No deck which exceeds one hundred fifty (150) square feet in area shall receive a building permit without first obtaining site plan approval from the Planning Commission and City Council. (Ord. 2020-124. Passed 11-4-20.)

1133.14 SITE DEVELOPMENT PLAN APPROVAL.

   (a)   Site development plans shall be required for all new detached single-family dwellings, additions to single family dwellings, accessory buildings and structures commonly incidental to single family dwellings on individual building lots.
   (b)   Site development plans shall be submitted to the Planning Commission and City Council for approval.
   (c)   Failure to obtain a Building Permit and commence construction within twelve (12) months from the date of site development plan approval by City Council shall render such development plan approval null and void. The Building Commissioner may grant an extension of time not to exceed three (3) months, and extension beyond three (3) months must be granted by the Planning Commission.
(Ord. 2023-081. Passed 9-5-23.)

1135.01 PERMITTED USES.

   In a Class U-3 District, no building, structure, or premises shall be used, arranged to be used, or designed to be used in whole or in part, except for one or more of the following uses:
   (a)   Single Family Dwellings.
   (b)   Duplexes or Two-Family Dwellings.
   (c)   Multi-Family Dwellings.
      (Ord. 2020-124. Passed 11-4-20.)

1135.02 CONDITIONALLY PERMITTED USES.

   The following uses may be permitted in a Class U-3 District provided that they first obtain a Conditional Use Permit:
   (a)   Churches.
   (b)   Public Utility Facilities.
   (c)   Community Centers, Parks, and Playgrounds.
      (Ord. 2020-124. Passed 11-4-20.)

1135.03 ACCESSORY USES.

   The following accessory uses may be permitted in a Class U-3 District, provided that such accessory use conforms to the criteria set forth herein and is located upon the same lot or use to which it is accessory.
   (a)   Garages. Private garages may be permitted as approved by the Planning Commission.
   (b)   Parking. Parking shall be provided at the rate of two (2) parking spaces per dwelling unit. Parking shall comply with the minimum standards for parking lots as set forth in Chapter 1161.
   (c)   Storage Sheds. An accessory storage shed may be permitted provided as authorized by the Planning Commission.
   (d)   Roomers. The rental of rooms is prohibited.
   (e)   Accessory Recreation Structures. Accessory recreation structures, such as children's play equipment, swimming pools, and fenced courts, may be permitted as approved by the Planning Commission
   (f)   Signs. Signs in conformance with Chapter 1163.
      (Ord. 2020-124. Passed 11-4-20.)

1135.04 MAXIMUM DENSITY.

   In a Class U-3 District no lot shall be used to accommodate more than twenty (20) multi-family dwelling units per gross acre.
(Ord. 2020-124. Passed 11-4-20.)

1135.05 BUILDING SETBACKS.

   On any street frontage in a Class U-3 District, the location of the building or setback line shall be thirty percent (30%) of the average or normal depth of the lots having frontage along such street, but not more than a maximum of forty (40) feet, provided however, that where the average established setback of the lots in the block between two intersection streets is less than provided herein, the average established setback shall be the minimum setback line. On a corner lot, the building line along the side street frontage shall be a line parallel to the street line and distant therefrom fifteen percent (15%) of the average depth of the next adjoining lot on said side street.
(Ord. 2020-124. Passed 11-4-20.)
   

1135.06 SIDE AND REAR YARDS.

   Yards shall be related to the plan of the building as well as to a side or rear lot line. Buildings shall be arranged so as to assure visual and audible privacy between adjacent buildings and to avoid undue exposure to main streets or concentrated parking or loading facilities. An exterior wall containing the principal required windows of one or more habitable rooms shall be classified as a main wall, and other walls which may contain minor required windows of a habitable room, or windows of other rooms, shall be classified as end walls. Buildings shall be arranged so as to provide open yards, exclusive of driveways and parking areas as follows:
   (a)   Yards between a building and side or rear lot line shall be not less than, main wall to a lot line, one and one-quarter times the height of building, but not less than twenty feet, end wall to a lot line, one-half of building, but not less than ten feet.
   (b)   Yards between two buildings facing each other across an open space shall be not less than, main walls parallel or within thirty degrees of parallel, one and one- quarter times the total height of the opposing walls, and where walls overlap more than forty feet, the width of the yard shall be increased four inches for each additional foot that the walls overlap. An end wall shall be located from an opposing main wall not less than three-quarters of the total height of the walls. An end wall shall be located from an opposing end wall not less than one-half of the total height of the walls.
   (c)   Side and rear yards when adjacent to a U-1 or U-2 District shall be fenced by open ornamental fences or freestanding or retaining walls or hedges. Such fence, wall or hedge shall be subject to the approval of the Building Commissioner.
      (Ord. 2020-124. Passed 11-4-20.)

1135.07 REQUIRED DWELLING SIZES.

   (a)   The minimum livable floor area for each multi-family dwelling when units are arranged one above the other shall be as follows:
      (1)   One Bedroom Unit - 600 Square Feet
      (2)   Two Bedroom Unit - 750 Square Feet
      (3)   Three Bedroom Unit - 900 Square Feet
   (b)   The minimum livable floor area for each multi-family dwelling unit in an apartment building when units are arranged side by side shall be as follows:
      (1)   Dwelling Unit Without A Basement - 1,100 Square Feet
      (2)   Dwelling Unit With A Basement - 1,000 Square Feet
   (c)   In any one apartment building not more than twenty-five percent of the dwelling units shall be one-bedroom units.
   (d)   All exterior walls of multi-family dwelling buildings, exclusive of trim, shall be brick, and the ceiling of each dwelling unit shall not be less than seven feet, six inches high.
   (e)   The roofline of each multi-family dwelling building shall have a pitch of not less than twenty degrees.
   (f)   A two-family dwelling shall have:
      (1)   Not less than four habitable rooms and a bath for each family;
      (2)   A basement of not less than 800 square feet of floor area;
      (3)   A total floor area (exclusive of utility room, attic and basement) of not less than 1,000 square feet on each floor;
      (4)   Ceiling heights on the first and second floors of not less than seven feet six inches;
      (5)   A roofline pitch of not less than thirty degrees.
         (Ord. 2020-124. Passed 11-4-20.)
   

1135.08 PROJECTIONS INTO REQUIRED YARDS.

   (a)    Side Yards.   The side yards herein provided for shall be open for their full required dimensions from the ground to the sky, unobstructed except for the ordinary projections of window sills, belt courses, cornices and other ornamental features, to the extent of not over six inches, except that within five feet of the street wall a cornice may project not over three feet into such yard, and provided that if the building is not more than two and one-half stories in height, the cornice may project not over two and one-half feet in such yard.
   (b)    Rear Yards.   The rear yards herein provided for shall be open for their full required dimensions from the ground, or other level, permitted by this chapter to the sky, unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other ornamental fixtures or eaves, not more than two feet wide.
(Ord. 2020-124. Passed 11-4-20.)

1135.09 HEIGHT REGULATIONS.

   No principal building shall be erected with a height in excess of fifty (50) feet. Chimneys, flagpoles, towers and other permitted appurtenances located upon or constituted as an integral part of a main building, may be erected above the height limits, but are limited to a height not exceeding sixty-five (65) feet above the finished grade. No detached accessory garage shall exceed fifteen (15) feet in height. (Ord. 2020-124. Passed 11-4-20.)

1135.10 SIDEWALKS.

   Sidewalks shall be required across the frontage of every lot and shall extend across the entire street frontage of each lot. Sidewalks shall conform to the specifications of Section 903.04.
(Ord. 2020-124. Passed 11-4-20.)

1135.11 SITE DEVELOPMENT PLAN APPROVAL.

   (a)   Site development plans shall be required for all developments and construction activities in U-3 Districts.
   (b)   Site development plans shall be submitted to the Planning Commission and City Council for approval.
   (c)   Failure to obtain a Building Permit and commence construction within twelve (12) months from the date of site development plan approval by City Council shall render such development plan approval null and void. The Building Commissioner may grant an extension of time not to exceed three (3) months, and extension beyond three (3) months must be granted by the Planning Commission.
(Ord. 2023-081. Passed 9-5-23.)

1137.01 INTENT.

   It is the intent of this Chapter to provide for the grouping of local retail shops and services in designated areas near residential neighborhoods primarily for the ordinary shopping needs of a daily and weekly nature, as well as for some of those establishments usually associated with such shopping; to protect both residential and business developments from congestion by requiring off-street parking and loading facilities; and to provide for indoor recreation and athletic facilities located to protect both residential and business developments from traffic congestion.
(Ord. 2020-124. Passed 11-4-20.)

1137.02 PERMITTED USES.

   Buildings and land in a Class U-4 Local Retail District shall be used and buildings shall be designed, created, altered or intended only for the uses specifically designated herein but excluding uses listed in Section 1138.02(e) through (n):
   (a)   Retail stores selling commodities at retail conducted wholly within enclosed buildings devoted to supplying products for community needs, including, but not limited to groceries, drugs, hardware, wearing apparel, furniture, appliances, home goods, floor coverings, flowers, jewelry, electronics, and gifts;
   (b)   Restaurants;
   (c)   Services conducted wholly within enclosed buildings, including but not limited to barbers, beauty shops, nail salons, dry cleaning, laundries, tailor shops, and appliance repair;
   (d)   Offices;
   (e)   Banks and other financial institutions; and
   (f)   Private schools and training facilities;
      (Ord. 2023-081. Passed 9-5-23.)

1137.03 CONDITIONALLY PERMITTED USES.

   The following uses may be permitted in a Class U-4 District provided that they first obtain a Conditional Use Permit:
   (a)   Medical clinics and licensed health care facilities;
   (b)   Child day care centers;
   (c)   Adult day care centers;
   (d)   Hotels;
   (e)   Churches;
   (f)   Community Centers;
   (g)   Propane canister sales and rental;
   (h)   Automotive fueling stations and repair facilities pursuant to Section 1137.10;
   (i)   Other similar, harmonious and compatible uses as may be determined by the Planning Commission and approved by City Council.
      (Ord. 2020-124. Passed 11-4-20.)

1137.04 ACCESSORY USES.

   Accessory uses customarily incident to the main uses listed above shall be permitted provided they are planned and developed in connection with the main building. Such accessory uses among those permitted under this section shall include:
   (a)   Signs in conformance with Chapter 1163.
   (b)   Parking garages and off-street parking and loading areas for employees and customers as provided herein and in conformance with Chapter 1161.
   (c)   Maintenance, storage and incineration facilities provided the incinerator is located within the main building and conforms to the regulations of the American Insurance Association. (Ord. 2020-124. Passed 11-4-20.)

1137.05 BUILDING SETBACKS.

   (a)   Front Building Setback. Buildings shall be setback a distance equal to thirty percent (30%) of the average or normal depth of the lots having frontage along such street, but not more than a maximum of forty (40) feet, provided however, that where the average established setback of the lots in the block between two intersection streets is less than provided herein, the average established setback shall be the minimum setback line. Gasoline pumps and associated canopies, when a part of an automotive service station, may be erected in front of the building line, but not less than fifteen feet from the street right-of-way line,
   (b)   Corner Lots. On corner lots, the building line along the shorter street frontage of the lot shall be as set forth in Subsection (a) and building setback line along the longer street frontage of the lot shall be a line parallel to the street line and distant therefrom not less than fifteen (15) feet from the street right-of-way line.
   (c)    Side Yard Setbacks. In a Class U-4 District where the sideline of a lot adjoins a Class U-1 or U-3 District, no building, main or accessory use shall be located within thirty (30) feet of the side lot line. Where a sideline abuts any non-residential zoning district, the minimum side yard setback shall be ten (10) feet except where a lesser setback is approved by the Planning Commission as part of the Site Development Plan approval.
   (d)   Rear Yard Setbacks. In a Class U-4 District, every main building erected shall have a rear yard extending the full width of the lot. The least dimension of such rear yard shall be at least twenty percent (20%) of the depth of the lot and at least one-half of the height of the building, except that the Planning Commission may waive the rear yard requirement for a group of buildings with off-street parking and off-street loading facilities, and planned as a unit.
   (e)   Projections Into Yards. Yards herein provided for shall be open for their full required dimensions from the ground, or other level, permitted by this chapter to the sky, unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other ornamental fixtures or eaves, not more than two (2) feet.
(Ord. 2020-124. Passed 11-4-20.)

1137.06 PARKING SETBACKS.

   (a)   Front Parking Setback. Accessory off-street parking in a front yard shall be permitted no closer than ten feet (10') from a street right-of-way line.
   (b)   Corner Lots. On corner lots, parking along the shorter street frontage of the lot shall be as set forth in Subsection (a) and the parking setback line along the longer street frontage of the lot shall be a line parallel to the street right-of-way line and distant therefrom not less than five (5) feet.
   (c)   Side and Rear Yard Setbacks. Accessory parking may be permitted within ten (10) feet of any lot line abutting a Class U-1 or U-3 District. Where a lot line abuts any non-residential zoning district, the minimum parking setback shall be five (5) feet except where a lesser setback is approved by the Planning Commission as part of the Site Development Plan approval.
(Ord. 2020-124. Passed 11-4-20.)

1137.07 PARKING REQUIRED.

   Accessory off-street parking shall be provided for every use in conformance with the standards and provisions of Chapter 1161.
(Ord. 2020-124. Passed 11-4-20.)

1137.08 HEIGHT REGULATIONS.

   No principal building shall be erected with a height in excess of fifty (50) feet. Chimneys, flagpoles, towers and other permitted appurtenances located upon or constituted as an integral part of a main building, may be erected above the height limits, but are limited to a height not exceeding sixty-five (65) feet above the finished grade. No detached accessory structure shall exceed fifteen (15) feet in height, except as specifically authorized by the Planning Commission.
(Ord. 2020-124. Passed 11-4-20.)

1137.09 SIDEWALKS.

   Sidewalks shall be required across the frontage of every lot and shall extend across the entire street frontage of each lot. Sidewalks shall conform to the specifications of Chapter 903.
(Ord. 2020-124. Passed 11-4-20.)

1137.10 SPECIAL PROVISIONS FOR AUTOMOTIVE SERVICES

   Automotive fueling stations and repair facilities shall comply with the following standards:
   (a)   The sale of all products other than fuel and motor oil shall take place only within an enclosed building;
   (b)   Operations shall be limited to minor servicing and repair solely by the owner, operator and/or employee of the automotive service station, of and to brakes, carburetor, fuel system, radiators, tires and similar minor servicing and repairs in an enclosed building only, and expressly excluding without limitation, body work and major motor repairs and overhauls;
   (c)   Bulk storage of petroleum products shall be entirely underground and the tanks shall not exceed 10,000 gallons individual or 24,000 gallons aggregate capacity;
   (d)   Automotive fueling stations and repair facilities shall be located not less than 1,000 feet from any other such facility, unless such facility shall be separated from any other such facility by a duly dedicated street;
   (e)   The minimum lot size for any such facility shall be not less than 22,500 square feet and shall have a frontage of not less than 150 feet;
   (f)   Must obtain and keep current all required State licenses and permits applicable to such facilities; and
   (g)   No overnight vehicle parking of any kind shall be permitted on the premises and all parking at any time shall be limited to such as is accessory to the permitted use.
      (Ord. 2020-124. Passed 11-4-20.)

1137.11 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-4 District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-4 District. Development proposals that include modifications to the building footprint or parking lot shall be submitted to the Planning Commission for approval. No building permit shall be issued for a new building, building alternation, or addition to an existing building within a U-4 District until the Planning Commission and City Council grant final site plan approval.
   Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Development Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or the City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)    Parking and traffic circulation plan. A layout and estimate of the number of spaces, design features and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-4 District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The lighting plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of this Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved.
      (10)   Other. Any other information determined to be necessary by the Planning Commission. (Ord. 2020-124. Passed 11-4-20.)

1137.12 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications which meet or exceed all applicable City codes. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with this Planning and Zoning Code and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2020-124. Passed 11-4-20.)

1138.01 INTENT.

   It is the intent of this Chapter to provide reasonable locations for commercial uses that have the potential to generate certain neighborhood impacts and to protect both residential neighborhoods and business developments.
(Ord. 2023-081. Passed 9-5-23.)

1138.02 PERMITTED USES.

   Buildings and land in a Class U-4A Special Retail District shall be used and buildings shall be designed, created, altered or intended only for the uses specifically designated herein:
   (a)   Uses permitted by right in U-4 Retail Business Districts as set forth in Section 1137.02;
   (b)   Medical clinics and licensed health care facilities;
   (c)   Hotels;
   (d)   Automotive fueling stations and repair facilities subject to the provisions of Section 1137.10;
   (e)   Small Box Discount Stores;
   (f)   Pawn shops;
   (g)   Second Hand Stores and thrift shops;
   (h)   Vape stores, smoke shops, and stores selling vaporizer products and/or paraphernalia typically associated with controlled substances;
   (i)   Hemp-derived cannabidiol (CBD) stores;
   (j)   Tattoo parlors;
   (k)   Hookah lounges, smoke lounges and vapor lounges;
   (l)   Bottle clubs and rental halls;
   (m)   Bars and lounges; and
   (n)   Pool halls and billiard halls.
      (Ord. 2023-081. Passed 9-5-23.)

1138.03 SEPARATION REQUIREMENT.

   Uses set forth in Section 1138.02(e) through 1138.02(n) shall not be located within 1000 feet of another similar such use providing the same goods or services.
(Ord. 2023-081. Passed 9-5-23.)

1138.04 ACCESSORY USES.

   Accessory uses customarily incident to the main uses listed above shall be permitted provided they are planned and developed in connection with the main building. Such accessory uses among those permitted under this section shall include:
   (a)   Signs in conformance with Chapter 1163;
   (b)   Parking garages and off-street parking and loading areas for employees and customers as provided herein and in conformance with Chapter 1161.
   (c)   Maintenance, storage and incineration facilities provided the incinerator is located within the main building and conforms to the regulations of the American Insurance Association.
      (Ord. 2023-081. Passed 9-5-23.)

1138.05 BUILDING SETBACKS.

   (a)   Front Building Setback. Buildings shall be setback a distance equal to thirty percent (30%) of the average or normal depth of the lots having frontage along such street, but not more than a maximum of forty (40) feet, provided however, that where the average established setback of the lots in the block between two intersection streets is less than provided herein, the average established setback shall be the minimum setback line. Gasoline pumps, when a part of an automotive service station, may be erected in front of the building line, but not less than fifteen (15) feet from the street right-of-way line.
   (b)   Corner Lots. On corner lots, the building line along the shorter street frontage of the lot shall be as set forth in subsection (a) and building setback line along the longer street frontage of the lot shall be a line parallel to the street line and distant therefrom not less than fifteen (15) feet from the street right-of-way line.
   (c)   Side Yard Setbacks. In a Class U-4A District where the sideline of a lot adjoins a Class U-1 or U-3 District, no building, main or accessory use shall be located within thirty (30) feet of the side lot line. Where a sideline abuts any non-residential zoning district, the minimum side yard setback shall be ten (10) feet except where a lesser setback is approved by the Planning Commission as part of the Site Development Plan approval.
   (d)   Rear Yard Setbacks. In a Class U-4A District, every main building erected shall have a rear yard extending the full width of the lot. The least dimension of such rear yard shall be at least twenty percent (20%) of the depth of the lot and at least one-half of the height of the building, except that the Planning Commission may waive the rear yard requirement for a group of buildings with off-street parking and off-street loading facilities, and planned as a unit.
   (e)   Projections into Yards. Yards herein provided for shall be open for their full required dimensions from the ground, or other level, permitted by this chapter to the sky, unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other ornamental fixtures or eaves, not more than two (2) feet.
(Ord. 2023-081. Passed 9-5-23.)

1138.06 PARKING SETBACKS.

   (a)   Front Parking Setback. Accessory off-street parking in a front yard shall be permitted no closer than ten (10) feet from a street right-of-way line.
   (b)   Corner Lots. On corner lots, parking along the shorter street frontage of the lot shall be as set forth in subsection (a) and the parking setback line along the longer street frontage of the lot shall be a line parallel to the street right-of-way line and distant therefrom not less than five (5) feet.
   (c)   Side and Rear Yard Setbacks. Accessory parking may be permitted within ten (10) feet of any lot line abutting a Class U-1 or U-3 District. Where a lot line abuts any non-residential zoning district, the minimum parking setback shall be five (5) feet except where a lesser setback is approved by the Planning Commission as part of the Site Development Plan approval.
(Ord. 2023-081. Passed 9-5-23.)

1138.07 PARKING REQUIRED.

   Accessory off-street parking shall be provided for every use in conformance with the standards and provisions of Chapter 1161.
(Ord. 2023-081. Passed 9-5-23.)

1138.08 HEIGHT REGULATIONS.

   No principal building shall be erected with a height in excess of fifty (50) feet. Chimneys, flagpoles, towers and other permitted appurtenances located upon or constituted as an integral part of a main building, may be erected above the height limits, but are limited to a height not exceeding sixty-five (65) feet above the finished grade. No detached accessory structure shall exceed fifteen (15) feet in height, except as specifically authorized by the Planning Commission.
(Ord. 2023-081. Passed 9-5-23.)

1138.09 SIDEWALKS.

   Sidewalks shall be required across the frontage of every lot and shall extend across the entire street frontage of each lot. Sidewalks shall conform to the specifications of Chapter 903 of the Codified Ordinances.
(Ord. 2023-081. Passed 9-5-23.)

1138.10 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-4A District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-4A District and submitted to the Planning Commission for approval. No building permit shall be issued for a new building alteration, or addition to an existing building within a U-4A District until the Planning Commission and City Council grant final site plan approval. Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Develompent Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)   Parking and traffic circulation. A layout and estimate of the number of spaces, design features, and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-4 District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape Plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The Lighting Plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of the Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved.
      (10)   Other. Any other information determined to be necessary by the Planning Commission.
         (Ord. 2023-081. Passed 9-5-23.)

1138.11 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications which meet or exceed all applicable City codes. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with the Zoning Code and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2023-081. Passed 9-5-23.)

1139.01 INTENT.

   It is the intent of this Chapter to provide for a mix of office, institutional, social, cultural, educational, health and wellness, research, and business uses serving clients and the general public in campus like arrangements.
(Ord. 2020-124. Passed 11-4-20.)

1139.02 PERMITTED USES.

   Buildings and land in a Class U-5 Special Commercial and Institutional District shall be used and buildings shall be designed, created, altered or intended only for the uses specifically designated herein:
   Hospitals, medical clinics, and related health care providers;
   (a)   Public and private schools, universities, colleges, professional schools, vocational schools, and related educational facilities;
   (b)   Libraries, museums and art galleries;
   (c)   Professional, administrative, and medical offices;
   (d)   Conferencing, training, and seminar centers;
   (e)   Performing arts facilities;
   (f)   Corporate retreats;
   (g)   Banks and other financial institutions;
   (h)   Research, development and testing laboratories;
   (i)   Nonprofit educational and scientific research agencies;
   (j)   Governmental offices and public utility offices; and
   (k)   Recreational and wellness facilities.
      (Ord. 2020-124. Passed 11-4-20.)

1139.03 CONDITIONALLY PERMITTED USES.

   (a)   Horse racing tracks and casinos;
   (b)   Specialty retail uses as authorized by the Planning Commission; and
   (c)   Other similar, harmonious and compatible uses as may be determined by the Planning Commission and approved by City Council may be permitted in a Class U-5 District provided that they first obtain a Conditional Use Permit.
(Ord. 2020-124. Passed 11-4-20.)

1139.04 ACCESSORY USES.

   Accessory uses incidental and subordinate to a permitted main use listed above shall be permitted provided they are planned and developed in connection with the main building. Such accessory uses among those permitted under this section shall include:
   (a)   Signs in conformance with Chapter 1163.
   (b)   Parking garages and off-street parking and loading areas as provided herein and in conformance with Chapter 1161;
   (c)   Restaurants and cafeterias primarily intended to serve the occupants of the facility; and
   (d)   Child day care centers primarily intended to serve the principal use.
      (Ord. 2020-124. Passed 11-4-20.)

1139.05 MINIMUM LOT AND COVERAGE REQUIREMENTS.

   In a Class U-5 District lot sizes and dimensions shall be as established by the Planning Commission on the approved Site Development Plan, provided however, that not more than twenty percent (20%) of the total land area shall be improved with buildings.
(Ord. 2020-124. Passed 11-4-20.)

1139.06 BUILDING SETBACKS.

   (a)   Front Building Setback. All buildings shall be setback a minimum distance of fifty (50) feet from any street right-of-way line.
   (b)   Corner Lots. On corner lots, the minimum building setback line along both street frontages shall be fifty (50) feet from the street right-of-way line.
   (c)    Side Yard Setbacks. In a Class U-5 District where the sideline of a lot adjoins a Class U-1 or U-3 District, no building, main, or accessory use shall be located within seventy-five (75) feet of the side lot line. Where a sideline abuts any non-residential zoning district, the minimum side yard setback shall be thirty (30) feet except where a lesser setback is approved by the Planning Commission as part of the Site Development Plan approval.
   (d)   Rear Yard Setbacks. In a Class U-5 District, every main building erected shall have a rear yard extending the full width of the lot. The least dimension of such rear yard shall be fifty (50) feet, except that when adjoining any Class U-1 or U-3 District, the minimum rear yard setback shall be seventy-five (75) feet.
   
   (e)   Projections Into Yards. Yards herein provided for shall be open for their full required dimensions from the ground, or other level, permitted by this chapter to the sky, unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other ornamental fixtures or eaves, not more than two (2) feet.
(Ord. 2020-124. Passed 11-4-20.)

1139.07 PARKING SETBACKS.

   (a)   Front Parking Setback. Accessory off-street parking in a front yard shall be permitted no closer than twenty-five (25') feet from a street right-of-way line. Front yards shall be landscaped appropriately and well maintained in accordance with a detailed plan submitted to and approved by the Planning Commission.
   (b)   Corner Lots. On corner lots, the minimum parking setback along both street frontages shall be twenty-five (25) feet.
   (c)   Side and Rear Yard Setbacks. Accessory parking shall be setback a minimum of forty (40) feet from any lot line abutting a Class U-1 or U-3 District. Where a lot line abuts any non-residential zoning district, the minimum parking setback shall be twenty-five (25) feet except where a lesser setback is approved by the Planning Commission as part of the Site Development Plan approval. In a Class U-5 District which adjoins a Class U-1or U-3 District, the area adjoining such Class U-1 or U-3 District shall be appropriately landscaped and well maintained, in accordance with a detailed plan submitted to and approved by the Planning Commission.
(Ord. 2020-124. Passed 11-4-20.)

1139.08 PARKING REQUIRED.

   Accessory off-street parking shall be provided for every use in conformance with the standards and provisions of Chapter 1161.
(Ord. 2020-124. Passed 11-4-20.)

1139.09 HEIGHT REGULATIONS.

   No principal building shall be erected with a height in excess of seventy-five (75) feet. Chimneys, flagpoles, towers and other permitted appurtenances located upon or constituted as an integral part of a main building, may be erected above the height limits, but shall not exceed the height of the building by more than fifteen (15) feet. No detached accessory structure shall exceed twenty-five (25) feet in height, except as specifically authorized by the Planning Commission.
(Ord. 2020-124. Passed 11-4-20.)

1139.10 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-5 District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-5 District and submitted to the Planning Commission for approval. No building permit shall be issued for a new building alternation, or addition to an existing building within a U-5 District until the Planning Commission and City Council grant final site plan approval.
   Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Development Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)   Parking and traffic circulation plan. A layout and estimate of the number of spaces, design features and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-5 District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The lighting plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of this Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved.
      (10)   Other. Any other information determined to be necessary by the Planning Commission.
         (Ord. 2020-124. Passed 11-4-20.)

1139.11 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications which meet or exceed all applicable City codes. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with the Planning and Zoning Code and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2020-124. Passed 11-4-20.)

1141.01 INTENT.

   It is the intent of this Chapter (Class U-6 District) to provide for and encourage the reuse and redevelopment of industrial parks as a high-density mixed-use development District in order to create jobs and to enhance the tax base of the City. These regulations are intended to provide for the integration of basic industrial and manufacturing uses with office, service, and limited retail uses into a cohesive employment center. This Chapter (Class U-6 District) is established, among other purposes, to control and regulate permitted uses in this District and other similar uses. The intent is to regulate and encourage limited manufacturing, research and development laboratories, office complexes and wholesale offices within close proximity to interstate transportation and developed in such a manner that all buildings will function as a unified high quality science and office park. The development standards are designed to ensure a park-like environment not only for the benefit of uses within the District but to protect and harmonize with the surrounding residential areas of the City.
(Ord. 2020-124. Passed 11-4-20.)

1141.02 PERMITTED USES.

   Buildings and land in a Class U-6 Limited Industrial District shall be used and buildings shall be designed, created, altered or intended only for the uses specifically designated herein:
   (a)   Professional, administrative, executive, and sales offices;
   (b)   Professional medical offices;
   (c)   Training facilities;
   (d)   Contractor offices, workshops, and equipment storage;
   (e)   Research and development laboratories and testing facilities;
   (f)   Wholesale businesses and showrooms;
   (g)   Retail sales associated with wholesale businesses and showrooms, interior decorating and design services, or with articles or goods created, manufactured, or assembled on the premises;
   (h)   Storage and distribution of finished or packaged goods;
   (i)   Light manufacturing, fabrication and assembly operations;
   (j)   Business services;
   (k)   Printing, publishing, engraving, coping, blueprinting and reproduction services;
   (l)   Interior decorating and design services and facilities;
   (m)   Postal facilities and package delivery services;
   (n)   Public utility facilities;
   (o)   Municipal facilities; and
   (p)   Athletic facilities, fitness centers, and health spas.
      (Ord. 2020-124. Passed 11-4-20.)

1141.03 CONDITIONALLY PERMITTED USES.

   The following uses may be permitted in a Class U-6 District provided that they first obtain a Conditional Use Permit:
   (a)   Licensed health care facilities.
   (b)   Accessory outdoor storage of equipment and/or materials.
   (c)   Other similar, harmonious and compatible uses as may be determined by the Planning Commission and approved by City Council.
      (Ord. 2020-124. Passed 11-4-20.)

1141.04 ACCESSORY USES.

   Accessory uses incidental and subordinate to a permitted main use listed above shall be permitted provided they are planned and developed in connection with the main building. Such accessory uses among those permitted under this section shall include:
   (a)   Signs in conformance with Chapter 1163;
   (b)   Parking garages and off-street parking and loading areas as provided herein and in conformance with Chapter 1161.
      (Ord. 2020-124. Passed 11-4-20.)

1141.05 MINIMUM LOT AND COVERAGE REQUIREMENTS.

   In a Class U-6 Limited Industrial District, each main use shall be on a lot of not less than 2.0 acres in area. The minimum width of the lot at the building line shall be not less than 200 feet. Not more than fifty percent (50%) of the lot shall be improved with buildings.
(Ord. 2020-124. Passed 11-4-20.)

1141.06 BUILDING SETBACKS.

   (a)   Front Building Setback. All buildings shall be setback a distance of thirty (30) feet from the street right-of-way line.
   (b)   Corner Lots. On corner lots, the building shall be setback a distance of thirty (30) feet from both street right-of-way lines.
   (c)    Side And Rear Yard Setbacks. In a Class U-6 District where a side or rear line of a lot adjoins a Class U-1, U-2 or U-3 District, no building, main or accessory use shall be located within one hundred fifty (150) feet of the lot line abutting such district. Where a side or rear lot line abuts any U-4 zoning district, the minimum setback shall be one hundred (100) feet from such lot line. Where a side or rear line abuts another U-6 property the side from such lot line shall be thirty (30) feet except where a lesser setback is approved by the Planning Commission as part of the Site Development Plan approval.
   (d)   Projections Into Yards. Yards herein provided for shall be open for their full required dimensions from the ground, or other level, permitted by this chapter to the sky, unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other ornamental fixtures or eaves, not more than two (2) feet.
(Ord. 2020-124. Passed 11-4-20.)

1141.07 PARKING SETBACKS.

   (a)   Front Parking Setback. Accessory off-street parking in a front yard shall be permitted no closer than thirty (30) feet from a street right-of-way line. Front yards shall be landscaped appropriately and well maintained in accordance with a detailed plan submitted to and approved by the Planning Commission.
   (b)   Corner Lots. On corner lots, the minimum parking setback along both street frontages shall be thirty (30) feet.
   (c)   Side and Rear Yard Setbacks. Accessory parking shall be setback a minimum of one hundred (100) feet of any lot line abutting a Class U-1, U-2 or U-3 District and such setback area shall be appropriately landscaped and well maintained, in accordance with a detailed plan submitted to and approved by the Planning Commission. Where a lot line abuts any non-residential zoning district, the minimum parking setback shall be twenty (20) feet except where a lesser setback is approved by the Planning Commission as part of the Site Development Plan approval. (Ord. 2020-124. Passed 11-4-20.)

1141.08 PARKING REQUIRED.

   Accessory off-street parking shall be provided for every use in conformance with the standards and provisions of Chapter 1161.
(Ord. 2020-124. Passed 11-4-20.)

1141.09 HEIGHT REGULATIONS.

   No principal building shall be erected with a height in excess of seventy-five (75) feet. Chimneys, flagpoles, towers and other permitted appurtenances located upon or constituted as an integral part of a main building, may be erected above the height limits, but shall not exceed the height of the building by more than fifteen (15) feet. No detached accessory structure shall exceed twenty-five (25) feet in height, except as specifically authorized by the Planning Commission.
(Ord. 2020-124. Passed 11-4-20.)

1141.10 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-6 District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-6 District and submitted to the Planning Commission for approval. No building permit shall be issued for a new building alternation, or addition to an existing building within a U-6 District until the Planning Commission and City Council grant final site plan approval.
   Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Development Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or the City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)   Parking and traffic circulation plan. A layout and estimate of the number of spaces, design features and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-6 District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The lighting plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of this Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved. (Ord. 2020-124. Passed 11-4-20.)

1141.11 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications which meet or exceed all applicable City codes. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with this Planning and Zoning Code and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2020-124. Passed 11-4-20.)

1141.12 PERFORMANCE STANDARDS.

   All uses shall be regulated to comply with the following performance standards at the nearest street or property line:
   (a)   Noxious, toxic or corrosive fumes or gases shall not be emitted which would be injurious or detrimental to persons, property or vegetation or to be discernible to the sense of smell.
   (b)   No deleterious, corrosive, toxic, explosive or other environmentally hazardous materials or waste shall be discharged into any sanitary or storm sewer or natural watercourse, or into the air or ground.
   (c)   Glare or brightness caused by operations or illumination of buildings shall be shielded so as not to create a nuisance.
   (d)   Electrical disturbance shall not be created that would adversely affect in any way the operation of sound, radio, television or computer equipment.
   (e)   Noise or vibrations which are incidental to the use shall not interfere with the life, health, safety and welfare of persons or property.
      (Ord. 2020-124. Passed 11-4-20.)

1143.01 INTENT.

   The U-7 Planned Residential Development District is established to create jobs, to create income tax revenues for the City and encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of mutually supportive commercial, industrial and retail uses. The general purposes of this District are served by the following basic principles:
   (a)   Comprehensive planning of large tracts promotes more harmonious suburban growth, providing opportunities for the integration of various development projects and clearly identifiable growth centers in a region.
   (b)   Comprehensive planning allows different types of land uses to be successfully integrated, provides functional convenience, and efficiencies in the provision of public services and infrastructure.
   (c)   Comprehensive planning and integrated design means higher densities of development can be accommodated without loss of environmental quality. The general benefits of density include greater productivity of land, more efficient utilization of transportation facilities and utilities, more convenient access between different developments; the potential for higher development returns that can be channeled towards provision of higher level pedestrian and open space amenities; and a concentration within a limited area of the critical mass of people necessary to support various convenience services and functions.
   (d)   Comprehensive planning and integrated design of large tracts of land allows for more detailed definition and administration of architectural and landscape design controls. (Ord. 2020-124. Passed 11-4-20.)

1143.02 PERMITTED USES.

   Buildings and land in the Class U-7 Planned Commercial Development District shall be used and buildings shall be designed, erected, altered or intended for the following:
   (a)   Retail stores selling commodities at retail conducted wholly within enclosed buildings devoted to supplying new products for community needs, including, but not limited to groceries, drugs, hardware, wearing apparel, furniture, appliances, home goods, floor coverings, flowers, jewelry, electronics, and gifts, provided however, that no single retail establishment shall exceed a maximum of 50,000 square feet;
   (b)   Restaurants;
   (c)   Services conducted wholly within enclosed buildings, including but not limited to barbers, beauty shops, nail salons, dry cleaning, laundries, tailor shops, and appliance repair;
   (d)   Banks and other financial institutions;
   (e)   Hotels;
   (f)   Entertainment establishments, including cinemas, provided however, that no such establishment shall exceed a maximum of 75,000 square feet;
   (g)   Hospitals, medical clinics, and related health care providers;
   (h)   Public and private schools, universities, colleges, professional schools, vocational schools, and related educational facilities;
   (i)   Libraries, museums and art galleries;
   (j)   Business services;
   (k)   Printing, publishing, engraving, coping, blueprinting and reproduction services;
   (l)   Professional, administrative, and medical offices;
   (m)   Nonprofit educational and scientific research agencies;
   (n)   Governmental offices and public utility offices;
   (o)   Athletic facilities, fitness centers, and health spas;
   (p)   Other similar, harmonious and compatible uses as may be determined by the Planning Commission and approved by City Council; and
   (q)   Any accessory uses customarily incidental to any of the above uses are permitted on the same premises subject to the approval of the Planning Commission, which approval shall be confirmed by resolution of Council before becoming effective.
      (Ord. 2020-124. Passed 11-4-20.)

1143.03 AREA AND SETBACK REQUIREMENTS.

   (a)   Each U-7 Planned Commercial Development District shall contain a minimum of forty-five (45) contiguous acres.
   (b)   The ground area occupied by buildings shall not exceed twenty percent (20%) of total area of the Planned Commercial Development District.
   (c)   The minimum lot area for any use shall be three (3) acres, provided however that:
      (1)   The minimum lot area for a restaurant shall be one (1) acre;
      (2)   The minimum lot area for a hotel shall be two (2) acres; and
      (3)   The Planning Commission, with the consent of City Council, may reduce the lot area for any use where such modification will result in a more beneficial and appropriate arrangement of uses.
   
   (d)   Building shall be setback a minimum of seventy-five (75) feet from any public street right-of-way, provided however, that:
      (1)   The setback from internal streets constructed as part of the Planned Commercial Development District shall be ten (10) feet; and
      (2)   The setback from the Interstate 271 right-of-way shall be ten (10) feet.
   (e)   Where a U-7 District abuts residentially zoned property, the side and rear yard setbacks shall be a minimum of either one-half (1/2) the height of the building or fifty (50) feet whichever is greater.
   (f)   Parking shall be setback a minimum of thirty-five (35) feet from Harvard Road and Richmond Road and fifteen (15) feet from all other public streets.
   (g)   Parking shall be setback a minimum of ten (10) feet from any boundary of the U-7 District.
   (h)   Parking may extend to property lines that are internal to the Planned Commercial Development District. (Ord. 2020-124. Passed 11-4-20.)

1143.04 OFF-STREET PARKING REQUIREMENTS.

   The following standards and requirements for the provision and development of off-street parking shall apply:
   (a)   Parking facilities in the U-7 District shall be planned and developed in such a manner so as not to interfere with the use and enjoyment of adjacent properties or with pedestrian and vehicular traffic on adjacent streets.
   (b)   All parking areas and driveways shall be concrete or approved asphalt with adequate drainage to prevent water from standing or draining across public walks or streets.
   (c)   Curbs or bumper guards shall be concrete, or material approved by the City Engineer.
   (d)   A parking space shall not be less than 180 square feet (9 x 20 feet).
   (e)   Parking spaces shall be provided as follows:
Offices:
One parking space for every 250 square feet of gross floor space.
Retail Stores:
One parking space for each 200 square feet of gross leaseable area.
Hotels:
One parking space per lodging unit, plus one space for each four (4) seats in the largest event space.
Restaurant:
One parking space for each two (2) indoor seats and one space for each four (4) outdoor seats.
Entertainment Establishments:
One parking space for each (4) seats.
Atheletic facilities, Fitness Centers, and Spas:
One parking place per 400 square feet of gross building space.
Personal Services and Business Services:
One parking space for every 250 square feet of gross floor space.
Banks and Financial Institutions:
One space for every 200 square feet of gross floor area.
Medical Providers:   
One space for every 200 square feet of gross floor area.
All other permitted uses:
As established by the Planning Commission.
(Ord. 2020-124. Passed 11-4-20.)

1143.05 LANDSCAPING, COMMON OPEN SPACE, AND ENVIRONMENTAL DESIGN.

   (a)   Each U-7 Planned Commercial Development District shall include permanent open space equivalent to a minimum of twenty percent (20%) of the total area of the U-7 District. The required open space area shall not include space for open parking lots, driveways or land covered
by buildings and/or sidewalks.
   (b)   Common areas bordering residential structures shall be planted with ground cover, trees, shrubs, hedges or other landscaping to maintain a park-like effect. Parking setback and other undeveloped areas of the development shall be graded, seeded and maintained as a lawn or wooded area in an orderly natural state and shall be included in the landscape plans. All such landscape plans approved by the Planning Commission are subject to approval by Council.
   (c)   Landscaping, driveways and other permitted uses shall at all times be maintained in an orderly, neat, clean, sanitary and structurally sound condition and all buildings, driveways or other structures shall be repaired in order to maintain substantially their original appearance and condition to prevent blight and unsightliness. Lawns and other landscaping shall be maintained in accordance with acceptable landscaping principles and maintained in a neat and orderly fashion.
   (d)   Where a U-7 District or use is contiguous to or across the street from a U-1 residential zone or use, the Planning Commission may require special landscaping, buffering, mounding or fences as the Planning Commission finds necessary for appropriate separation, screening and protection. (Ord. 2020-124. Passed 11-4-20.)

1143.06 BUILDING HEIGHTS.

   In the U-7 District, no building shall be erected to a height in excess of one hundred fifty (150) feet above final grade.
(Ord. 2020-124. Passed 11-4-20.)

1143.07 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-7 District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-7 District and submitted to the Planning Commission for approval. No building permit shall be issued for a new building alternation, or addition to an existing building within a U-7 District until the Planning Commission and City Council grant final site plan approval.
   Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Development Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or the City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)    Parking and traffic circulation plan. A layout and estimate of the number of spaces, design features and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-7 District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The lighting plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of this Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved.
         (Ord. 2020-124. Passed 11-4-20.)

1143.08 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications which meet or exceed all applicable City codes. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with this Planning and Zoning Code and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2020-124. Passed 11-4-20.)

1145.01 INTENT.

   The U-7A Planned Mixed-Use Development District is established to encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of residential uses. The U-7A District is intended to:
   (a)   Create a mixed-use environment to accommodate a combination of residential, retail, commercial, and office uses of varied densities to attract young professionals, empty nesters, and families to the area;
   (b)   Describe standards so that any new development is cohesive, contains thriving and inviting public spaces, and encourages walkability and sustainability;
   (c)   Regulate building orientation and placement to achieve appropriate scale and ensure proper transitioning between areas of differing use and density and/or to be mindful of the surrounding adjacent land uses;
   (d)   Encourage enhanced pedestrian, bicycle, and vehicular connectivity throughout the area;
   (e)   Permit development consistent with the standards and requirements of an approved master development plan; and
   (f)   Permit mixed-use vertically integrated buildings with ground floor commercial, office, and retail uses. Mixed-use buildings may have multi-family residential units and/or offices on the upper floors above ground level commercial, office and retail uses. (Ord. 2020-124. Passed 11-4-20.)

1145.02 PERMITTED USES.

   Buildings and land in the Class U-7A District shall be used and buildings shall be designed, erected, altered or intended for the following:
   (a)   Multi-Family Dwellings above the first floor of mixed-use buildings.
   (b)   Vertically integrated mixed-use buildings provided that the ground floor shall be limited to retail or commercial uses and the upper floors may contain any mixture or arrangement of offices and/or multi-family dwellings;
   (c)   Hospitals, medical clinics, and related health care providers;
   (d)   Public and private schools, universities, colleges, professional schools, vocational schools, and related educational facilities;
   (e)   Libraries, museums and art galleries;
   (f)   Professional, administrative, and medical offices;
   (g)   Conferencing, training, and seminar centers;
   (h)   Performing arts and entertainment facilities;
   (i)   Hotels;
   (j)   Retail stores, personal service establishments, banks, financial institutions, restaurants and coffee shops on the first floor of multi-story vertically integrated mixed-use buildings provided however, that no individual retail store or establishment shall exceed a maximum of 20,000 square feet.;
   (k)   Research, development and testing laboratories;
   (l)   Nonprofit educational and scientific research agencies;
   (m)   Governmental offices and public utility offices;
   (n)   Recreational and wellness facilities;
   (o)   Recreational uses and common open space subject to the approval of the Planning Commission;
   (p)   Any accessory uses customarily incidental to any of the above uses including, but not limited to, parking lots, parking structures, and signs; and
   (q)   Other similar, harmonious and compatible uses as may be determined by the Planning Commission and approved by City Council may be permitted provided that they first obtain a Conditional Use Permit.
      (Ord. 2020-124. Passed 11-4-20.)

1145.03 AREA AND BUFFER REQUIREMENTS.

   (a)   The ground area occupied by buildings shall not exceed twenty-five percent (25%) of the total area of the Planned Mixed-Use Development District.
   (b)   A minimum of fifteen percent (15%) of the total area of the U-7A Planned Mixed-Use Development District shall be open spaces, natural areas, landscaped plazas, parks, or outdoor recreational areas for the enjoyment of residents and visitors to the District.
   (c)   Buildings shall be setback a minimum of forty (40) feet from any perimeter property line of a U-7A District that abuts an existing residentially zoned property.
   (d)   All structures in the U-7A District shall be setback a minimum of ten (10) feet from the Interstate 271 right-of-way.
   (e)   No buildings shall be located closer than twenty-five (25) feet to any existing public right-of-way. (Ord. 2020-124. Passed 11-4-20.)

1145.04 DESIGN STANDARDS.

   (a)   The minimum size of any multi-family dwelling shall be 950 square feet.
   (b)   The maximum density of residential dwelling units shall be ten (10) dwelling units per gross acre of the U-7A District.
   (c)   The minimum building setback from an internal street right-of-way shall be as set forth on the approved Site Development Plan.
   (d)   The minimum separation between buildings within a U-7A development shall be as set forth on the approved Site Development Plan. In establishing said separations the Planning Commission shall consider the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy-efficient siting, and the relationships of building sites to circulation patterns.
   (e)   The development pattern for the District shall make appropriate connections with the existing streets adjacent to the District. Streets and sidewalks will be connected into the District in an attractive manner to reinforce its integration into the community fabric. Access points shall be properly managed to address safe and efficient traffic flow.
   (f)   Mechanical equipment located on the roofs of buildings shall be screened from view from public right-of ways at the primary façade. All trash, service areas, and loading bays shall be screened. (Ord. 2020-124. Passed 11-4-20.)

1145.05 OFF-STREET PARKING REQUIREMENTS.

   The following standards and requirements for the provision and development of off-street parking shall apply:
   (a)   Parking facilities in the U-7A District shall be planned and developed in such a manner so as not to interfere with the use and enjoyment of adjacent properties or with pedestrian and vehicular traffic on adjacent streets.
   (b)   All parking areas and driveways shall be concrete or approved asphalt with adequate drainage to prevent water from standing or draining across public walks or streets.
   (c)   Curbs or bumper guards shall be concrete, or material approved by the City Engineer.
   (d)   Parking shall be setback from streets and perimeter boundaries as specify in the approved development plan, however, in no event shall such parking setbacks be less than five (5) feet from the perimeter of a U-7A District.
   (e)   A parking space shall not be less than 180 square feet (9 x 20 feet).
   (f)   Parking shall be provided as follows:
 
Multi-Family:
Two spaces per unit enclosed, and an aggregate area of 1.25 unenclosed parking throughout the residential area of the U-7A District.
All Other Uses
In conformance with the provisions of Section 1161.05
(Ord. 2020-124. Passed 11-4-20.)
   

1145.06 LANDSCAPING, COMMON OPEN SPACE, AND ENVIRONMENTAL DESIGN.

   (a)   Developments in a U-7A District shall include permanent open space equivalent to a minimum of ten percent (10%) of the total site area. This area does not include space for open parking lots, driveways or land covered by buildings and/or sidewalks.
   (b)   Landscaping, driveways and other permitted uses shall at all times be maintained in an orderly, neat, clean, sanitary and structurally sound condition and all buildings, driveways or other structures shall be repaired in order to maintain substantially their original appearance and condition to prevent blight and unsightliness. Lawns and other landscaping shall be maintained in accordance with acceptable landscaping principles and maintained in a neat and orderly fashion.
   (c)   All exterior landscaping adjacent to and surrounding structures and all landscaped entryways shall include an irrigation plan and system.
(Ord. 2020-124. Passed 11-4-20.)

1145.07 BUILDING HEIGHTS.

   In the U-7A District no building shall be erected to a height in excess of six (6) stories or eighty-four (84) feet above final grade.
(Ord. 2020-124. Passed 11-4-20.)

1145.08 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-7A District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-7A District and submitted to the Planning Commission for approval. No building permit shall be issued for a new building alternation, or addition to an existing building within a U-7A District until the Planning Commission and City Council grant final site plan approval.
   Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Development Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or the City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)    Parking and traffic circulation plan. A layout and estimate of the number of spaces, design features and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-7A District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The lighting plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of this Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved. (Ord. 2020-124. Passed 11-4-20.)

1145.09 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications which meet or exceed all applicable City codes. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with this Planning and Zoning Code and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2020-124. Passed 11-4-20.)

1147.01 INTENT.

   The U-7C Planned Residential Development District is established to encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of residential uses. The general purposes of this U-7C District are served by the following basic principles:
   (a)   Comprehensive planning of large tracts promotes more harmonious suburban growth, providing opportunities for the integration of various development projects and clearly identifiable growth centers in a region.
   (b)   Comprehensive planning allows different types of land uses to be successfully integrated, provides functional convenience, and efficiencies in the provision of public services and infrastructure.
   (c)   Comprehensive planning and integrated design means higher densities of development can be accommodated without loss of environmental quality. The general benefits of density include greater productivity of land, more efficient utilization of transportation facilities and utilities, more convenient access between different developments; the potential for higher development returns that can be channeled towards provision of higher level pedestrian and open space amenities; and a concentration within a limited area of the critical mass of people necessary to support various convenience services and functions.
   (d)   Comprehensive planning and integrated design of large tracts of land allows for more detailed definition and administration of architectural and landscape design controls. (Ord. 2020-124. Passed 11-4-20.)

1147.02 PERMITTED USES.

   Buildings and land in the Class U-7C District shall be used and buildings shall be designed, erected, altered or intended for the following:
   (a)   Single Family Dwellings;
   (b)   Multi-Family Dwellings;
   (c)   Recreational uses and common open space subject to the approval of the Planning Commission; and
   (d)   Any accessory uses, other than fences, customarily incidental to any of the above uses are permitted on the same premises subject to the approval of the Planning Commission, which approval shall be confirmed by resolution of Council before becoming effective. Fences shall be approved by the Building Commissioner.
      (Ord. 2024-079. Passed 7-16-24.)

1147.03 AREA AND BUFFER REQUIREMENTS.

   Each U-7C Planned Residential Development District shall contain a minimum of fifteen (15) contiguous acres. Where the perimeter of a U-7C District abuts an existing residentially zoned property setbacks shall be a minimum of thirty (30) feet for nonresidential structures and a minimum of twenty (20) feet for residential structures.
(Ord. 2020-124. Passed 11-4-20.)

1147.04 DESIGN STANDARDS.

   (a)   Single Family Dwellings.
      (1)   The minimum lot area shall be 8,700 square feet.
      (2)    The minimum lot width shall be sixty-five (65) feet measured at the building setback line, with an allowable maximum forty percent (40%) deviation therefrom where the shape and dimensions of a given lot reasonably justify a deviation.
      (3)    The minimum house size shall be 1500 square feet for dwellings located on building lots of 15,000 square feet or less in area.
      (4)   The minimum house size shall be 2850 square feet for dwellings located on building lots of greater than 15,000 square feet in area. A dwelling of less than 2850 square feet may be permitted on a lot greater than 15,000 square feet where the buildable area of such lot is reduced by the existence of a watercourse, but in no case shall such dwelling be less than 1800 square feet.
      (5)   The minimum front yard setback shall be twenty-five (25) feet.
      (6)   The minimum side yard setback shall be five (5) feet.
      (7)   The minimum rear yard setback shall be thirty (30) feet.
      (8)   Sixty percent (60%) of standard detached single-family dwellings shall have a minimum of twenty percent (20%) masonry veneer on the front façade and shall, to the extent feasible, be developed to what may be reasonably regarded as a premium quality standard through detailing in its design and architectural accessories and through utilization of materials generally well regarded for their quality in the home construction industry.
      (9)   Each detached cluster single-family dwelling or detached townhouse single-family dwelling must have a minimum of forty percent (40%) masonry veneer on the front façade and shall, to the extent feasible, be developed to what may be reasonably regarded as a premium quality standard through detailing in its design and architectural accessories and through utilization of materials generally well regarded for their quality in the home construction industry.
      (10)   Garage doors shall be placed a minimum of 4 feet back from the front façade of the main body of the house or from the front edge of a porch.
   (b)   Multi-Family Dwellings.
      (1)   The maximum density shall be ten (10) dwelling units per acre.
      (2)   Not more than six (6) dwelling units may be attached in any one building.
      (3)   The minimum width of any multi-family dwelling unit shall be twenty-five (25) feet.
      (4)   The minimum size of any multi-family dwelling shall be 1250 square feet.
      (5)   Proposed units shall, to the extent feasible, be designed and made available in a minimum of three different floor plan types.
      (6)   The minimum front yard setback shall be twenty (20) feet.
      (7)    The minimum distance between buildings shall be ten (10) feet.
      (8)    The minimum rear yard setback shall be twenty (20) feet.
      (9)   Each dwelling shall have forty percent (40%) masonry veneer on the front façade, which shall be measured as forty percent (40%) of the wall surface area, not including window or door areas. Design of houses shall exemplify an appropriate premium level of quality.
      (10)    Garage façades that contain garage doors shall not project past the front plane or façade of the main body of the building.
      (11)   There shall be a minimum of ten (10) feet of landscape buffer between existing single family houses and multi-family units.
      (12)   A minimum of twenty-five percent (25%) of the residential area shall be permanent common open space.
      (13)   The entire tract of land for the proposed development should to the extent feasible be designed to achieve a reasonably consistent aesthetic appearance.
         (Ord. 2020-124. Passed 11-4-20.)

1147.05 OFF-STREET PARKING REQUIREMENTS.

   The following standards and requirements for the provision and development of off-street parking shall apply:
   (a)   Parking facilities in the U-7C District shall be planned and developed in such a manner so as not to interfere with the use and enjoyment of adjacent properties or with pedestrian and vehicular traffic on adjacent streets.
   (b)   All parking areas and driveways shall be concrete or approved asphalt with adequate drainage to prevent water from standing or draining across public walks or streets.
   (c)   Curbs or bumper guards shall be concrete, or material approved by the City Engineer.
   (d)   Parking shall be setback from streets and perimeter boundaries as specify in the approved development plan, however, in no event shall such parking setbacks be less than five (5) feet from the perimeter of a U-7C District.
   (e)   A parking space shall not be less than 162 square feet (9 x 18 feet).
   (f)   Parking shall be provided as follows:
 
Multi-Family:
Two spaces per unit enclosed, and an aggregate area of 1.25 unenclosed parking throughout the residential area of the U-7C District sufficient to accommodate 3.25 spaces per residential unit.
Single Family:
A minimum of two spaces per unit enclosed.
(Ord. 2020-124. Passed 11-4-20.)

1147.06 LANDSCAPING, COMMON OPEN SPACE, AND ENVIRONMENTAL DESIGN.

   (a)   Developments in a U-7C District shall include permanent open space equivalent to a minimum of ten percent (10%) of the total site area. This area does not include space for open parking lots, driveways or land covered by buildings and/or sidewalks.
   (b)   Common areas bordering residential structures shall be planted with ground cover, trees, shrubs, hedges or other landscaping to maintain a park-like effect. Parking setback and other undeveloped areas of the development shall be graded, seeded and maintained as a lawn or wooded area in an orderly natural state and shall be included in the landscape plans. All such landscape plans approved by the Planning Commission are subject to approval by Council.
   (c)   Landscaping, driveways and other permitted uses shall at all times be maintained in an orderly, neat, clean, sanitary and structurally sound condition and all buildings, driveways or other structures shall be repaired in order to maintain substantially their original appearance and condition to prevent blight and unsightliness. Lawns and other landscaping shall be maintained in accordance with acceptable landscaping principles and maintained in a neat and orderly fashion.
   (d)   Where a U-7C District or use is contiguous to or across the street from a U-1 residential zone or use, the Planning Commission may require special landscaping, buffering, mounding or fences as the Planning Commission finds necessary for appropriate separation, screening and protection.
   (e)   All exterior landscaping adjacent to and surrounding structures and all landscaped entryways shall include an irrigation plan and system.
   (f)   Natural existing features wherever possible, and where compatible with the proposed uses within the U-7C District. These features shall be incorporated into the design of the Development Plan. Upon final development plan approval, the following environmental design criteria shall be submitted and reviewed by the Planning Commission:
   (g)   Soil Surveys may be required by the Planning Commission if topography, drainage or other features impact suitable land use.
   (h)   Special Flood Zones, wetlands, etc. that cannot be habitable shall be set aside as permanent open space. (Ord. 2020-124. Passed 11-4-20.)

1147.07 BUILDING HEIGHTS.

   In the U-7C District, no residential building shall be erected to a height in excess of fifty (50) feet above final grade.
(Ord. 2020-124. Passed 11-4-20.)

1147.08 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-7C District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-7C District and submitted to the Planning Commission for approval. No building permit shall be issued for a new building alternation, or addition to an existing building within a U-7C District until the Planning Commission and City Council grant final site plan approval.
   Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Development Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or the City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)    Parking and traffic circulation plan. A layout and estimate of the number of spaces, design features and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-7C District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The lighting plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of this Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved. (Ord. 2020-124. Passed 11-4-20.)

1147.09 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications which meet or exceed all applicable City codes. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with this Planning and Zoning Code and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2020-124. Passed 11-4-20.)

1149.01 INTENT.

   The U-7D Planned Residential Development District is established to encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of residential uses. The general purposes of this U-7D District are served by the following basic principles:
   (a)   Comprehensive planning of large tracts promotes more harmonious suburban growth, providing opportunities for the integration of various development projects and clearly identifiable growth centers in a region.
   (b)   Comprehensive planning allows different types of land uses to be successfully integrated, provides functional convenience, and efficiencies in the provision of public services and infrastructure.
   (c)   Comprehensive planning and integrated design means higher densities of development can be accommodated without loss of environmental quality. The general benefits of density include greater productivity of land, more efficient utilization of transportation facilities and utilities, more convenient access between different developments; the potential for higher development returns that can be channeled towards provision of higher level pedestrian and open space amenities; and a concentration within a limited area of the critical mass of people necessary to support various convenience services and functions.
   (d)   Comprehensive planning and integrated design of large tracts of land allows for more detailed definition and administration of architectural and landscape design controls. (Ord. 2020-124. Passed 11-4-20.)

1149.02 PERMITTED USES.

   Buildings and land in the Class U-7D District shall be used and buildings shall be designed, erected, altered or intended for the following:
   (a)   Single Family Dwellings;
   (b)   Multi-Family Dwellings;
   (c)   Recreational uses and common open space subject to the approval of the Planning Commission; and
   (d)   Accessory buildings shall not be permitted.
      (Ord. 2020-124. Passed 11-4-20.)

1149.03 AREA, LOT, AND SETBACK REQUIREMENTS.

   Each U-7D Planned Residential Development District shall contain a minimum of fifteen (15) contiguous acres. The entire tract of land for the proposed development should to the extent feasible be designed to achieve a reasonably consistent aesthetic appearance. Lots and dwellings shall conform to the following standards:
   (a)   Single Family Dwellings.
      (1)   The maximum density shall be five (5) dwelling units per acre.
      (2)   The minimum lot area shall be 5,600 square feet for standard lot and 5,300 square feet for a wedge shaped lot.
      (3)    The minimum lot width shall be fifty-six (56) feet measured at the building setback line for standard lots and thirty (30) feet measured at the setback line for wedge shaped lots. The minimum lot depth shall be one hundred (100) feet.
      (4)    The minimum house size shall be 1250 square feet and the minimum with of a single family dwelling shall be twenty-eight (28) feet.
      (5)   The minimum front yard setback shall be thirty (30) feet from the back of curb.
      (6)   The minimum side yard setback shall be three (3) feet and the aggregate of both side yard setbacks shall be a minimum of ten (10) feet.
      (7)   The minimum rear yard setback shall be thirty (30) feet. Garages, decks, porches, and bay windows may encroach into the required rear setback by a maximum of twenty (20) feet.
   (b)   Multi-Family Dwellings.
      (1)   The maximum density shall be eight (8) dwelling units per acre.
      (2)   Not more than six (6) dwelling units may be attached in any one building.
      (3)   The minimum width of any multi-family dwelling unit shall be twenty-five (25) feet.
      (4)   The minimum size of any multi-family dwelling shall be 1250 square feet.
      (5)   Proposed units shall, to the extent feasible, be designed and made available in a minimum of three different floor plan types.
      (6)   The minimum front yard setback shall be twenty (20) feet measured from the back of curb.
      (7)    The minimum distance between buildings shall be ten (10) feet.
      (8)    The minimum rear yard setback shall be twenty (20).
   (c)   Accessory Buildings And Structures.
      (1)   Accessory buildings, such as storage sheds, are not permitted.
      (2)   Fencing shall conform to the requirements of this Planning and Zoning Code. No fencing shall be permitted within the front setback. No chain link fencing is permitted. Fence designs and locations shall be approved by the Building Commissioner.
      (3)   Garages shall be attached. Garage façades that contain garage doors shall be setback a minimum of ten (10) feet from the primary mass of the house. Side loaded garages with windows on the front façade are permitted in line with the front façade of the house.
         (Ord. 2024-079. Passed 7-16-24.)

1149.04 ARCHITECTURAL STANDARDS.

   (a)   Residential structures may be clad in vinyl, wood, cement siding, brick or stone. When using brick, a standard modular brick shall be used.
   (b)   Lintels in masonry walls must be brick soldier courses, stone, or pre-cast concrete.
   (c)   All exposed foundation walls shall be faced with brick along all elevations.
   (d)   Corner boards are required on non-masonry walls on front façades and should be a minimum of four (4) inches wide.
   
   (e)   Residential units valued, exclusive of upgrades, at:
      (1)   One hundred fifty thousand dollars ($150,000) to one hundred sixty-nine thousand nine hundred ninety-nine dollars ($169,999) shall have at least ten percent (10%) masonry veneer on the front façade;
      (2)   One hundred seventy thousand dollars ($170,000) to one hundred eighty-nine nine hundred ninety-nine thousand dollars ($189,999) shall have at least fifteen percent (15%) masonry veneer on the front façade;
      (3)   One hundred ninety thousand dollars ($190,000) to two hundred nine thousand nine-hundred ninety-nine dollars ($209,999) shall have at least twenty percent (20%) masonry veneer on the front façade;
      (4)   Two hundred ten thousand dollars ($210,000) to two hundred ninety-nine nine hundred ninety-nine thousand dollars ($299,999) shall have at least thirty percent (30%) masonry veneer on the front façade; and
      (5)   Three hundred thousand dollars ($300,000) + shall have at least forty percent (40%) masonry veneer on the front façade.
   (f)   Frieze trim is required under overhangs and gables on front elevations.
   (g)   Porch columns shall have a 6"x 6" minimum cross- section or diameter.
   (h)   Railing/column details in combination are encouraged to vary from residential structure to residential structure.
   (i)   Trim and corner boards may be wood, vinyl or Frypon.
   (j)   No exposed unpainted wolmanized wood is permitted in view of the street.
   (k)   No two (2) residential units in a row should have the same color combination of wall, trim, windows and shutters. No four (4) residential units in a row or directly across the street from each other may be the same façade design. Where façade design is repeated on a given street, siding, trim or shutter colors must be different.
   (l)   If a wood-burning fireplace is contemplated, each residential structure must clad the face of the chimney on the exterior of the house in brick. If a direct-vent fireplace is contemplated, the exterior shed shall be designed to be integrated into the architecture.
   (m)   Rear elevations must have a minimum of two (2) windows per elevation.
   (n)   Windows shall be of square or vertical proportion. Accent windows may be circular, half-round, or octagonal. One accent window maximum per elevation is permitted unless used in a pair.
   (o)   Window trim is required around all windows on front elevations of non-masonry walls and should be a minimum of 3 1/2" wide.
   (p)   Overhangs at eaves shall be a minimum of eight (8) inches.
   (q)   All residential structures houses must include a prominent entrance feature, such as a distinct roof enclosure or front porch. Where overhangs occur at a front door, a two (2) feet deep overhang is encouraged. If a front porch is contemplated, it shall be a maximum of six (6) feet deep. Entry coverings and stoops shall be a minimum of three (3) feet deep. Enclosed porches intended for year-round living space, are not permitted on the front elevation. Decks are not permitted on the front elevation.
   (r)   All decks that face or can be seen from a publicly dedicated street must be painted or stained in a manner consistent with the principal residential structure.
   (s)   Primary roofs shall have a minimum 6:12 roof pitch. Porches shall have a minimum 3:12 roof pitch. Three tab asphalt shingles are not permitted.
   (t)   Security spotlights are not permitted on the front façade of residential structures. Decorative fixtures shall be used in visible locations from the street. Ornamental lighting shall be mounted on a decorative aluminum pole/post and shall not exceed fifteen (15) feet in height.
   (u)   Insulation shall meet the following minimums:
      (1)   Ceilings shall be a minimum of "R-38".
      (2)   Exterior walls shall be a minimum of "R-18".
      (3)   Floors shall be a minimum of "R- 21".
      (4)   Floors over an unheated crawl space shall be a minimum of "R-20".
      (5)   Basements shall be a minimum of "R-10".
      (6)   Walls separating living area from the attached garages shall be a minimum of "R-18".
      (7)   Walls and ceiling of basement garages shall be a minimum of "R-20".
      (8)   Walls and ceiling of dormers shall be a minimum of "R-18 and R-38" respectively.
   (v)   Mechanical, electrical equipment or trash receptacles shall be screened from street view.
   (w)   On lots located at highly visible intersections and other strategic points, as determined by the Planning Commission, any elevation which has exposure to the street, shall feature the use of brick or natural materials and additional design features to insure that the level of materials used on the front façade will be consistent. Landscape treatment on such lots shall serve to frame and emphasize these lots and shall include: evergreen trees at least eight (8) feet in height and five (5) feet in height at the time of installation shall be planted and deciduous plants interspersed to add seasonal color and balance. Berms must be constructed in a raised bed condition with a minimum of a two (2) foot elevation from the existing grade with a maximum side slope of 3:1. (Ord. 2020-124. Passed 11-4-20.)

1149.05 OFF-STREET PARKING REQUIREMENTS.

   The following standards and requirements for the provision and development of off-street parking shall apply:
   (a)   Parking facilities in the U-7D District shall be planned and developed in such a manner so as not to interfere with the use and enjoyment of adjacent properties or with pedestrian and vehicular traffic on adjacent streets.
   (b)   All parking areas and driveways shall be concrete or approved asphalt with adequate drainage to prevent water from standing or draining across public walks or streets.
   (c)   Curbs or bumper guards shall be concrete, or material approved by the City Engineer.
   (d)   Parking shall be setback from streets and perimeter boundaries as specify in the approved development plan, however, in no event shall such parking setbacks be less than five (5) feet from the perimeter of a U-7D District.
   (e)   A parking space shall not be less than 220 square feet (10 x 22 feet).
   (f)   Parking shall be provided as follows:
 
Multi-Family:    
Two spaces per unit enclosed, and an aggregate area of 1.25 unenclosed parking throughout the residential area of the U-7D District sufficient to accommodate 3.25 spaces per residential unit.
Single Family:
A minimum of two spaces per unit enclosed.
(Ord. 2020-124. Passed 11-4-20.)

1149.06 LANDSCAPING, COMMON OPEN SPACE, AND ENVIRONMENTAL DESIGN.

   (a)   Developments in a U-7D District shall include permanent open space equivalent to a minimum of fifteen percent (15%) of the total site area. This area does not include space for open parking lots, driveways or land covered by buildings and/or sidewalks.
   (b)   Common areas bordering residential structures shall be planted with ground cover, trees, shrubs, hedges or other landscaping to maintain a park-like effect. Parking setback and other undeveloped areas of the development shall be graded, seeded and maintained as a lawn or wooded area in an orderly natural state and shall be included in the landscape plans. All such landscape plans approved by the Planning Commission are subject to approval by Council.
   (c)   Landscaping, driveways and other permitted uses shall at all times be maintained in an orderly, neat, clean, sanitary and structurally sound condition and all buildings, driveways or other structures shall be repaired in order to maintain substantially their original appearance and condition to prevent blight and unsightliness. Lawns and other landscaping shall be maintained in accordance with acceptable landscaping principles and maintained in a neat and orderly fashion.
   (d)   Where a U-7D District or use is contiguous to or across the street from a U-1 residential zone or use, the Planning Commission may require special landscaping, buffering, mounding or fences as the Planning Commission finds necessary for appropriate separation, screening and protection.
   (e)   All exterior landscaping adjacent to and surrounding structures and all landscaped entryways shall include an irrigation plan and system.
   (f)   Natural existing features wherever possible, and where compatible with the proposed uses within the U-7D District. These features shall be incorporated into the design of the Development Plan. Upon final development plan approval, the following environmental design criteria shall be submitted and reviewed by the Planning Commission:
   (g)   Soil Surveys may be required by the Planning Commission if topography, drainage or other features impact suitable land use.
   (h)   Special Flood Zones, wetlands, etc. that cannot be habitable shall be set aside as permanent open space.
   
   (i)   Street trees are required and shall be spaced equally in the tree lawn on individual streets, one (1) tree per single-family residential unit. Spacing should be proportionate to the particular setting. Street tree species must be selected from the City's approved list and shall be guaranteed to survive for year from date of installation. Any trees that fail to survive during this period of time, shall be immediately replaced by the developer.
(Ord. 2020-124. Passed 11-4-20.)

1149.07 BUILDING HEIGHTS.

   In the U-7D District, no residential building shall be erected to a height in excess of thirty-five (35) feet above final grade measured to the highest ridge point.
(Ord. 2020-124. Passed 11-4-20.)

1149.08 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-7D District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-7D District and submitted to the Planning Commission for approval. No building permit shall be issued for a new building alternation, or addition to an existing building within a U-7D District until the Planning Commission and City Council grant final site plan approval.
   Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Development Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or the City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)    Parking and traffic circulation plan. A layout and estimate of the number of spaces, design features and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-7D District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The lighting plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of this Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved. (Ord. 2020-124. Passed 11-4-20.)

1149.09 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications which meet or exceed all applicable City codes. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with this Planning and Zoning Code and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2020-124. Passed 11-4-20.)

1151.01 PURPOSE AND INTENT.

   The U-8 City Hub District is established for the purpose of enabling the development of a phased, walkable, mixed-use district in and around the Northfield Road corridor. The mixed-use and planned development regulatory approach of the District is intended to provide a more flexible and innovative approach regarding use, density, access and connectivity, streetscape and landscape design, parking facilities, architectural and façade design, residential dwelling units, and dimensional standards than can be provided by traditional zoning techniques in order to establish a new walkable district, preserve and foster vibrant communal space and environmental protection areas while attracting a diverse range of retail, office, and commercial uses to support the community and a blend of new residential areas that vary in density and housing options. The U-8 City Hub District is intended to:
   (a)   Create a mixed-use environment to accommodate a combination of residential, retail, commercial, and office uses of varied densities to attract young professionals, empty nesters, and families to the area.
   (b)   Describe standards so that any new development is cohesive, contains thriving and inviting public spaces, and encourages walkability and sustainability.
   (c)   Regulate building orientation and placement to achieve appropriate scale and ensure proper transitioning between areas of differing use and density and/or to be mindful of the surrounding adjacent land uses.
   (d)   Encourage enhanced pedestrian, bicycle, and vehicular connectivity throughout the area.
   (e)   Permit development consistent with the standards and requirements of an approved master development plan.
   (f)   Permit mixed-use vertically integrated buildings with ground floor commercial, office, and retail uses. Mixed-use buildings may have multi-family residential units and/or offices on the upper floors above ground level commercial, office and retail uses. (Ord. 2020-124. Passed 11-4-20.)
   

1151.02 PERMITTED USES.

   Buildings and land in the Class U-8 District shall be used and buildings shall be designed, erected, altered or intended for the following:
   (a)   Single Family Attached Dwellings;
   (b)   Multi-Family Dwellings;
   (c)   Vertically integrated mixed-use buildings provided that the ground floor shall be limited to retail or commercial uses and the upper floors may contain any mixture or arrangement of offices and/or multi-family dwellings;
   (d)   Retail stores, provided however, that no individual retail store or establishment shall exceed a maximum of 8,000 square feet.
   (e)   Restaurants and coffee shops;
   (f)   Brewpubs and microbreweries;
   (g)   Personal service establishments;
   (h)   Medical facilities including clinics, urgent care facilities, and similar health care providers;
   (i)   Religious and educational facilities;
   (j)   Libraries, museums community buildings, and art galleries;
   (k)   Professional, administrative, and medical offices;
   (l)   Conferencing, training, and seminar centers;
   (m)   Entertainment uses and performing arts facilities;
   (n)   Hotels;
   (o)   Banks and other financial institutions;
   (p)   Governmental offices and public utility offices;
   (q)   Recreational and wellness facilities.
   (r)   Outdoor plazas, recreational areas, parks, and common open spaces.
   (s)   Any accessory uses customarily incidental to any of the above uses including, but not limited to, parking lots, parking structures, and signs.
   (t)   Other similar, harmonious and compatible uses as may be determined by the Planning Commission and approved by City Council may be permitted provided that they first obtain a Conditional Use Permit.
      (Ord. 2020-124. Passed 11-4-20.)

1151.03 DENSITY AND OPEN SPACE REQUIREMENTS.

   The ground area occupied by buildings shall not exceed twenty-five percent (25%) of total area of the Hub District. A minimum of twenty percent (20%) of the gross acreage of the Hub planned mixed-use development shall be open spaces, natural areas, landscaped plazas, parks, or outdoor recreational areas for the enjoyment of residents and visitors to the District. The maximum density shall be as set forth on the master development plan, but shall not exceed a maximum of sixteen (16) dwelling units per gross acre of the Hub District.
(Ord. 2020-124. Passed 11-4-20.)

1151.04 DESIGN STANDARDS.

   (a)   Commercial, retail, office, and mixed-use buildings shall be oriented on the property to emphasize a street wall and provide enhanced pedestrian access and circulation to the site. The building façade shall occupy a minimum of fifty percent (50%) of the total frontage length between the minimum and maximum setbacks. Buildings shall be oriented so that at least one main entrance faces the public street. In the case of a corner lot that is located on a public street, the principal entrance shall face a public street. No building shall have a façade fronting on a public street in excess of 200 feet in width, unless pedestrian entranceways or façade material shifts are provided at least every 200 feet of frontage.
   (b)   Freestanding townhouses, apartments, and/or condominiums shall be oriented to public or private street frontage, green space or courtyards.
   (c)   Buildings shall utilize a combination of façade differentiation, including display windows, balconies, arcades, and awnings at the base of the building. Windows will primarily use transparent glass on the first floor of a commercial building. Mechanical equipment on the roof of a building shall be screened from view from public right-of ways at the primary façade. All trash, service areas, and loading bays shall be screened. Building materials may consist of primarily (or a combination of) brick, stone, stucco (smooth or sand finish), EIFS, glass, a pre-cast masonry, cast stone, pre-cast concrete, metal, split-faced block, wood siding or paneling, or fiber cement board panels and siding.
   (d)   The development pattern for the U-8 District will make appropriate connections with the existing streets adjacent to the U-8 District. Streets and sidewalks will be connected into the U-8 District in an attractive manner to reinforce its integration into the community fabric.
Access points shall be properly managed to address safe and efficient traffic flow.
   
   (e)   Pedestrian crosswalks or sidewalks shall be at least five (5) feet in width providing connections to the entrance of the building shall be provided in parking lots that contain twenty-five (25) or more parking spaces.
   (f)   Building setbacks and separations shall be established on the approved Master Development Plan. In establishing said separations the Planning Commission shall consider the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy-efficient siting, and the relationships of building sites to circulation patterns. In no instance shall the established setbacks and/or separations be less than the following:
      (1)   The minimum building setback from Northfield Road shall be twenty-five (25) feet.
      (2)   Mixed-use and non-residential buildings may be located on the right-of-way line of internal public streets and the easement line of internal private streets and drives. Single family attached and multi-family buildings shall be setback a minimum of twenty (20) feet from internal streets.
      (3)   The minimum side yard separation between buildings shall be zero (0) feet for non-residential and mixed-use buildings, ten (10) feet for residential buildings, and twenty (20) feet between non-residential and mixed-use buildings and residential buildings.
      (4)   The minimum building setback from any boundary line of the Hub District shall be twenty (20) feet.
   (g)   Minimum dwelling sizes shall be as follows:
      (1)   Single family attached dwellings shall have a minimum floor area of 1,200 square feet.
      (2)   Multi-family dwellings shall have a minimum floor area of 900 square feet.
   (h)   Each single-family attached dwelling shall have a minimum of twenty percent (20%) masonry veneer on the front façade and garage doors shall be placed a minimum of four (4) feet back from the front façade of the main body of the house or from the front edge of a porch.
   
   (i)   Signs shall conform to the provisions of Chapter 1163.
   (j)   Parking lots and pedestrian ways shall be illuminated to provide for public safety. Sources of light for illumination of buildings and grounds shall be shielded with full cut-off fixtures and light spillage at the property boundaries of the District shall not be greater than 0.1 foot candles. All lighting shall be installed and maintained in conformance with a site lighting plan approved by the Planning Commission.
   (k)   Underground utilities, including data and communication and electrical systems are required within the limits of the U-8 District except that appurtenances to these systems may be located above ground as needed so long as such items are effectively screened.
   (l)   Areas between commercial buildings shall include a pedestrian plaza, pathway, or landscaping. Parking lots shall be buffered from all public street frontages with building, wall, fence, landscaping, or mound. Plant material of low shrubs, bushes, and flowers shall be placed intermittently against building foundation walls and/or fences to enhance the pedestrian experience. One or more property owners association, community association, condominium association or similar legal entity shall be created so that such association is responsible for the maintenance and control of common areas.
(Ord. 2020-124. Passed 11-4-20.)

1151.05 OFF-STREET PARKING REQUIREMENTS.

   The following standards and requirements for the provision and development of off-street parking shall apply:
   (a)   Parking facilities in the U-8 District shall be planned and developed in such a manner so as not to interfere with the use and enjoyment of adjacent properties or with pedestrian and vehicular traffic on adjacent streets.
   (b)   All parking areas and driveways shall be concrete or approved asphalt with adequate drainage to prevent water from standing or draining across public walks or streets.
   (c)   Curbs or bumper guards shall be concrete, or material approved by the City Engineer.
   (d)   Parking shall be setback from streets and perimeter boundaries as specify in the approved development plan, however, in no event shall such parking setbacks be less than the following:
      (1)   Five (5) feet from any perimeter boundary of a U-8 District;
      (2)   Five (5) feet from any internal public right-of-way or access easement;
      (3)   Twenty (20) feet from the right-of-way line of Northfield Road.
   (e)   A parking space shall not be less than 180 square feet (9 x 20 feet).
   (f)   Parking shall be provided as follows:
 
Multi-Family:
Two spaces per unit enclosed, and an aggregate area of 1.25 unenclosed parking throughout the residential area of the U-8 District.
Single Family:
A minimum of two spaces per unit enclosed.
All Other Uses
In conformance with the provisions of Section 1161.05   
(Ord. 2020-124. Passed 11-4-20.)

1151.06 BUILDING HEIGHTS.

   In the U-8 District, no building shall be erected to a height in excess of fifty-eight (58) feet above final grade, provided however, that decorative architectural features may extend above that height, but not by not more than five (5) feet.
(Ord. 2020-124. Passed 11-4-20.)

1151.07 DEVELOPMENT PLAN REQUIREMENTS.

   Each Site Development Plan submitted in a U-8 District shall conform to the following requirements. A Development Plan shall be prepared for all proposals for development in a U-8 District and submitted to the Planning Commission for approval. No building permit shall be issued for a new building alternation, or addition to an existing building within a U-8 District until the Planning Commission and City Council grant final site plan approval.
   Unless exempted by the Planning Commission, Development Plans shall include:
   (a)   Preliminary Development Plan. Preliminary development plans shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units or commercial structures. Preliminary development plans shall include a survey of the property and topography, showing the land owned and proposed for development, the natural grade and approximate proposed finished grade; and a schematic site plan showing building placement, parking, traffic circulation and streets, existing utilities and primary front elevations of buildings.
   (b)   Final Development Plan. The Final Development Plan shall be a detailed site plan of the proposed development, or of a specific phase of the proposed development, which shall include the following components:
      (1)   Buildings. The location, size, height and use of all proposed main and accessory buildings and their general design, color and external building material.
      (2)   Streets. The proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; type of pavement; and estimates of traffic volumes. Traffic studies will be required if the Planning Commission or the City Engineer so request.
      (3)   Utilities. The plans for all proposed utility installations and connections.
      (4)    Parking and traffic circulation plan. A layout and estimate of the number of spaces, design features and type of pavement, as well as a Parking and Traffic Circulation Plan. The Planning Commission may approve driveway curb cuts into the internal site roadway of the U-8 District upon application on an individual site plan basis. Such approval may be granted after a finding that a proposed curb cut is consistent with the protection of the health, safety and welfare of the traveling public and is consistent with the intent and purposes of this chapter.
      (5)   Landscape plan. Proposed designs of landscaping, planting areas, identification and location of principal trees and plants shall be submitted with the building plans.
      (6)   Lighting plan. All site lighting shall be low in scale and unobtrusive and without glare to persons in passing motor vehicles, other buildings, or pedestrians and designed to interfere as little as possible with surrounding development. The lighting plan shall include a photometric plan.
      (7)   Signs. Signs, in accordance with Chapter 1163 of this Planning and Planning and Zoning Code.
      (8)   Grading and drainage plan. Final grading and drainage arrangements, including storm water management provisions and drainage calculations.
      (9)   Tree preservation plan. Plan identifying trees and vegetation to be preserved. (Ord. 2020-124. Passed 11-4-20.)

1151.08 DEVELOPMENT PLAN APPROVAL.

   The Planning Commission shall review each application and approve those applications that meet or exceed all applicable City codes and that are consistent with the City's master development plan for the District. Both Preliminary Development Plans and Final Development Plans shall be subject to the approval of the Planning Commission. When the Planning Commission determines that the Preliminary Development Plan or Final Development Plan is in accord with this Planning and Zoning Code, the City's master development plan for the Hub District, and other ordinances of the City, the Commission shall approve such plans, and transmit same to Council for their review and action. All plans and recommendations made by the Planning Commission shall be submitted to City Council for approval before becoming effective.
(Ord. 2020-124. Passed 11-4-20.)