Regulations in this chapter, or elsewhere in this Zoning Ordinance, when referred to in this section, shall apply with the Commercial “C-1" District and Commercial “C-2" District.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   The Commercial “C-1" and “C-2" Zoning District regulations are established to promote and encourage planned and integrated groupings of suitable retail, service, and professional and business office developments that meet the community's needs while also maintaining property values and the residential character of the Village.

(Ord. 2013-01. Passed 2-5-13.)

   (a)   Principal Uses. A building or lot shall be used only for purposes identified by the following table. The letter P in either the “C-1" or “C-2" column indicates the use is permissible in that district.

 

   The Planning Commission may issue conditional zoning certificates for uses listed herein, subject to Chapter 1274 and the specific conditions listed hereinbelow for each conditional use.

   (a)   An accessory apartment, provided the following specific conditions are satisfied:

      (1)   The accessory apartment is occupied by the owner, proprietor, caretaker or guard of a commercial use.

      (2)   Such accessory apartment is located above the first story of the commercial use.

      (3)   The maximum possible privacy for the accessory apartment shall be provided through good design and use of proper building materials. Visual privacy should be provided through structural screening. Auditory privacy should be provided through soundproofing.

      (4)   The architectural design of the accessory apartment should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line and pattern, and character.

   (b)   Signs. As regulated by Chapter 1280.

(Ord. 2013-01. Passed 2-5-13.)

   (a)   Height Regulations. Height regulations shall be the same as in the Residence “A” District, except that private clubs, banks, offices, studios and hotels may be erected to a height not exceeding 60 feet if the building is set back from each yard line at least three feet for each foot of additional building height above 35 feet.

   (b)   Lot Area, Lot Width and Yards.

 

 

      (1)   For all buildings permissible in a Commercial District, the minimum side yard width and rear yard depth shall be 75 feet, when adjacent to a Residence District and on the side or sides adjacent to the Residence District only. Section 1272.01(g) is inapplicable where this Subsection (b) is applicable.

(Ord. 2013-01. Passed 2-5-13.)

   (a)   Minimum Number of Off-Street Parking Spaces Required.

      (1)   Business and professional offices, banks. One for each 200 square feet, or fraction thereof, of floor area, plus one space for each two employees.

      (2)   Churches and school auditoriums. One per three seats in the principal auditorium, based on the maximum seating capacity.

      (3)   Private clubs. One per 200 square feet, or fraction thereof, of floor area plus one for each three seating spaces in the assembly room.

      (4)   Dwelling. Two enclosed spaces for each dwelling.

      (5)   Hotels and motels. One parking space for each one sleeping room.

      (6)   Medical and dental offices and clinics. Five for each physician or dentist plus one for each two other employees.

      (7)   Restaurants. One for each two seats.

      (8)   Retail stores and personal service shops, etc. One for each 100 square feet, or fraction thereof, of floor area.

      (9)   Schools.

         B.   Senior high schools. One per ten students plus one per teacher or other employee, plus one for every eight seats in the auditorium.

         C.   Kindergarten, child care center, nursery school, etc. Two per classroom but not less than six.

         D.   Business, technical or trade school. One per each two students plus one for each employee.

   (b)   General Regulations.

      (1)   Floor area. For purposes of this chapter, “floor area” in offices, merchandising and service types of uses shall mean the area that is held open to the general public and is used as an area to conduct commercial transactions or render services. This excludes area used principally for non-public purposes, such as storage, incidental repair, processing, show windows, restrooms and dressing rooms. In measurement for parking space, fractions of required floor area over one-half shall require one parking space.

      (2)   Parking space. Off-street accessory parking areas shall provide parking spaces, each of which shall be not less than nine by 18 feet in area, exclusive of access drives or aisles.

      (3)   Parking area design. Such parking areas shall be of useable shape, improved with bituminous, concrete or equivalent surfacing, and so graded and drained as to dispose of all surface water accumulation within the area. All lighting used to illuminate such parking areas shall be so arranged as to direct the light away from adjoining premises or streets, and no open light sources, such as the stringing of light bulbs, shall be permitted. Wheel guards, where there is a sidewalk or landscaped area, shall be provided in connection with any off-street parking area of five cars or more and shall be constructed so as to confine storm water surface drainage to the premises, to contain cars on sloping surfaces and to prevent bumper overhang.

      (4)   Entrances and exits. Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersection corners. If there are more than two accessways abutting on any one street, such access ways shall have an average minimum distance of 100 feet between them. Such accessways shall not be less than 20 feet in width at the sidewalk line nor more than 30 feet at the curb cut line of the street. Residential uses may have access ways of not less than eight feet.

      (5)   Parking lot location yard restrictions. The following regulations shall apply to parking lots:

         A.   Property owners shall provide and maintain a landscaped strip, as required in Section 1270.07, with a minimum width of ten feet between any front yard parking area and adjacent street right-of-way lines.

         B.   Parking areas adjacent to a residential use may be no closer than 15 feet to the adjoining property line of the residentially used property and shall be landscaped as required by Section 1270.07.

         C.   Where feasible and practical, neighboring parking areas of adjoining uses shall be connected to one another via a paved access road to promote traffic circulation between and among parcels.

      (6)   Off-street loading spaces. Off-street loading spaces shall be required for those commercial uses that have frequent truck deliveries. No portion of any truck that is loading or unloading shall be in a public street. Loading areas shall be exclusive of areas designated for parking or for on-site circulation aisles and shall not be used for repair or servicing of vehicles. Any such loading space shall be screened from view as required by Section 1270.07.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   The purpose of landscaping and screening is to soften the outline of buildings; screen glare and reduce noise levels emanating from a site; and to create a visual and/or physical barrier between conflicting, incompatible and/or visually undesirable land uses. The installation of landscaping and screening protects the health, safety and general welfare of the citizens of the Village through the reduction of noise, visual pollution, and headlight glare.

   (a)   Applicability. Landscaping and screening shall be required as follows:

      (1)   All new commercial development on vacant lands;

      (2)   Additional buildings or building additions proposed for a site currently developed with commercial uses; or

      (3)   Currently developed sites that are to be modified by changes in use, vehicular circulation, or parking area design.

   (b)   Landscaping plan submission requirements. Any applicant proposing a development listed in subsection (a) above, shall submit for review and approval a landscaping and screening plan. Landscaping and screening plans shall be prepared by a person knowledgeable in landscape design and construction such as a professional nurseryman, a professional landscaper or a landscape architect.

   (c)   Required landscaping and screening. The following minimum landscaping and screening shall be provided:

      (1)   Landscaping along streets. A minimum ten-foot-wide applied landscaping strip abutting all rights-of-way, broken only by points of vehicular or pedestrian access, shall be provided with a minimum of one deciduous tree having a caliper of not less than two inches and ten shrubs, each having a height of not less than 36 inches per 35 lineal feet of frontage. In lieu of the above, an elevated earth berm a maximum of three feet higher than the finished elevation of the street centerline with one deciduous tree having a caliper of not less than two inches and six shrubs each having a height of not less than 36 inches per 35 lineal feet of frontage may be provided as an alternative. Plantings or earthen berms or mounds along a public or private street shall not block or interfere with sight distance at street/drive intersections or corner lots, nor shall any such plantings or earthen berms contribute to the additional accumulation of snow within the public way. Landscaping materials used along streets and sidewalks shall not be fruit- or nut-bearing, nor shall they have thorns or briars that interfere with passersby. Areas outside of the required landscaping strip in front yards shall be maintained either as lawns or additional landscaping beds.

      (2)   Landscaping along site perimeter when adjacent to another commercial use. A minimum ten-foot-wide by 35-foot-long landscaping bed shall be provided for every 70 lineal feet along the perimeter of the site, except along streets. Each required landscaping bed shall be planted with one deciduous tree having a caliper of not less than two inches, or two evergreen trees having a height of not less than six feet, and three shrubs each having a height of not less than 36 inches per required landscape bed. Between adjoining uses, landscaping beds shall be coordinated in order to provide a continuous landscaping strip along the perimeter. Where existing vegetation occurs along the perimeter that satisfies the intent of this section and no development is proposed within 50 feet of the lot line, a ten-foot-wide preservation strip may be substituted. Perimeter planting along the site perimeter shall only be required to the extent necessary to screen the activity areas and exterior lighting of the commercial use from neighboring uses. For the purposes of this section, the activity area of a commercial site shall include, but is not limited to, all structures, access drives and on-site traffic lanes, parking lots, loading areas and refuse areas. Areas outside of the required perimeter landscaping strip in required side or rear yards shall be maintained either as lawns or additional landscaping beds.

      (3)   Site perimeter landscaping when adjacent to residential zoning district or an existing residential use. A minimum 15-foot-wide perimeter landscaping strip shall be provided along the perimeter of the site that is adjacent to the Residential Zoning District or existing residential use. Site perimeter landscaping shall include, at a minimum, two deciduous trees having a caliper of not less than two inches each, eight evergreen trees, each having a height of not less than six feet, and 12 shrubs, each having a height of not less than 36 inches per 35 lineal feet of perimeter landscaping required. Plantings shall be staggered to form a dense screen within two years after planting. Where existing vegetation occurs along the perimeter that satisfy the intent of this section and no development is proposed within 50 feet of the lot line, a 20-foot-wide preservation strip may be substituted. Areas outside the required perimeter landscaping strip in required side or rear yards shall be maintained either as lawns or additional landscaping beds.

      (4)   Interior parking lot landscaping. A planting island of at least 160 square feet in total pervious surface area shall be provided for each 12 parking spaces on the interior of a parking lot that accommodates 12 cars or more. The island shall be placed at intervals of no more than 135 lineal feet on center. A minimum of one deciduous tree having a caliper of not less than two inches shall be planted per island, along with other ornamental shrubbery and plantings. Where the island occurs parallel to parking spaces on each side, the planting island shall be a minimum of nine feet in width. No fruit- or nut-bearing trees or shrubs shall be planted in any planting island.

      (5)   Screening of loading areas, outside storage areas and other service areas. Screening and landscaping shall prevent direct views of loading areas, storage areas outside an enclosed building, service areas, and associated service driveways from adjacent properties or from the public or private right-of-way when viewed from ground level within 12 months after planting. Screening shall consist of opaque ornamental fencing or walls, which are architecturally compatible with the principal building on the lot, or a dense, staggered evergreen planting consisting of a double row of evergreen trees, spaced a minimum of 15 feet on center, of sufficient quantity and height, to screen the above areas totally.

      (6)   Building façade landscaping. At least 75% of the area within ten feet of the building façade shall be permanently landscaped. Landscaping materials shall include a combination of trees, shrubbery, annual and perennial flowers, and ground cover plantings. This area may be broken by entrance walks. Trees shall be planted a minimum of 30 feet on center, with the planting of shrubbery flowers and ground covers completing the design.

   (d)   Landscaping Materials and Standards. New development shall provide landscaping and screening as provided in subsection (c), above. Walls and fences, plants and mounds, as listed in subsections (1) through (3) below, are suitable for screening use individually, or in combination with each other to create a dense screen, subject to review and approval by the Planning Commission.

      (1)   Walls and fences. Walls and fences used to fulfill screening requirements shall be so detailed on the site plan. Walls and fences shall be constructed of waterproof materials, including brick, pressure treated lumber, redwood or cedar lumber, vinyl, and aluminum, stainless steel, brass, bronze, or galvanized hardware. Except as specifically noted, chain link fences with or without wooden or synthetic slat material shall not be allowed when used to satisfy landscaping and screening requirements.

         A.   Deciduous trees. Deciduous trees shall have a minimum caliper of at least two inches, conforming to acceptable nursery industry procedures at the time of planting.

         B.   Evergreen trees. Evergreen trees shall be a minimum of six feet in height at the time of planting. Evergreen plantings shall be designed to provide an effective, dense screen within two years of planting. White Pine trees are not acceptable trees for screening/buffering purposes.

         C.   Shrubs and hedges. Shrubs and hedges shall be at least 36 inches in height at the time of planting. All shrubs and hedges used for screening shall be designed to provide an effective, dense screen and mature height of at least six feet within four years after the date of the final approval of each planting when used for perimeter landscaping or screening applications. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.

         D.   Grass or ground cover. Grass of the fescue, bluegrass, or perennial rye families shall be planted in species normally grown as lawns in Medina County. In swales or other areas subject to erosion, solid sod, erosion reducing net or suitable mulch shall be used and nurse grass seed shall be sown for immediate protection until complete coverage is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted in such a manner as to provide 75% complete coverage after two growing seasons.

         E.   Existing material. The Planning Commission may approve the use of existing plant material to comply with the landscaping and screening requirements of this section. In reviewing such proposals, they shall consider whether the existing material is capable of performing the landscaping or screening functions required by this section, by reason of its size, density, location, deciduous or evergreen foliage, and other characteristics. They shall also consider the likelihood that the plant material will survive construction related disruptions, including soil compaction and changes in grading and drainage. Existing vegetation shall be preserved in accordance with acceptable nursery industry procedures.

      (3)   Mounds. Mounds or berms may be used as physical barriers, which block or screen a view. Differences in elevation between areas requiring screening do not constitute a mound. Mounds shall conform to the following standards:

         A.   The maximum side slope shall be four feet horizontal to one foot vertical (4:1). The design shall be reviewed by the Zoning Inspector to ensure that proper erosion prevention and control practices have been utilized and that irrigation or other means are provided to ensure plant material will have sufficient moisture for survival.

         B.   Mounds shall be designed with physical variations in height and alignment throughout their length.

         C.   Landscape plant material installed on mounds shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.

         D.   The landscape plan shall show sufficient detail to demonstrate compliance with the above provisions, including a plan and profile of the mound, soil types and construction techniques.

         E.   Mounds shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.

         F.   No part of any mound shall be elevated more than 30 inches above natural grade within ten feet of any right-of-way or property line.

         G.   Adequate ground cover or mulch shall be used and maintained to prevent erosion.

      (4)   Maintenance. All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The property owner shall be responsible for continued, perpetual maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse, debris, and noxious and unsightly weeds at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first. Violation of these installation and maintenance provisions shall be grounds for the Zoning Inspector to require replacement of the landscape material or institute legal proceedings to enforce the provisions of this section.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   All commercial uses and projects meeting the requirements of Section 1276.02 shall be subject to the site plan review process and requirements of Chapter 1276 of this code.

(Ord. 2013-01. Passed 2-5-13.)