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Willoughby City Zoning Code

CHAPTER 1135

Multi-Family Residential Districts

1135.01 PURPOSES.

   Multi-Family Residential Districts (R-MF) and their regulations are established in order to achieve, among others, the following purposes:
   (a)   Regulation of bulk and location of dwellings to obtain proper privacy and useable open spaces appropriate for the various districts;
   (b)   Regulation of density and distribution of population in accordance with the Comprehensive Plan to avoid congestion and to provide adequate public services;
   (c)   Protection of the desirable characteristics and promotion of stability of existing residential development;
   (d)   Promotion of the most desirable and beneficial use of the land in conformity with the Comprehensive Plan.
      (Ord. 2020-21. Passed 2-18-20.)

1135.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, or maintained, in whole or in part, in R-MF Districts only for the uses permitted herein.
   (a)   Permitted Use Schedule Summary. Schedule 1135.03 enumerates those uses that may be located in a particular R-MF District as a matter of right as a principal use, uses that may be located in a given district upon obtaining review and approval as a conditional use, and uses that are considered to be accessory to a principal or conditional use.
      (1)   A use listed in Schedule 1135.03 shall be permitted as a principal use by right in a district when denoted by the letter "P" provided that all requirements of other City Ordinances and this Zoning Code have been met;
      (2)   A use listed in Schedule 1135.03 denoted by the letter "PS", is a use permitted by right as a principal use, provided that all requirements of other City Ordinances and this Planning and Zoning Code have been met, including the supplemental use-specific regulations set forth in Chapter 1155.
      (3)   A use listed in Schedule 1135.03 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1155 have been met;
      (4)   A use listed in Schedule 1135.03 shall be permitted as an accessory use in a district when denoted by the letter "A". Such accessory uses are further regulated in subsequent sections, and shall be permitted as a subordinate building or use if it is clearly incident to and if located on the same zoning lot as the principal building or use.
      (5)   Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1115 or upon a finding that a use is substantially similar as provided in Section 1109.10.
   (b)   Compliance with Standards Required. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular R-MF District, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.
   (c)   Reference to Use-Specific Regulations. The numbers contained in Schedule 1135.03 in the "Use-Specific Regulations Reference" column are references to additional standards and requirements that apply to the use type listed. The standards referenced apply in all zoning districts where the use is a use permitted by right or a conditional use, unless otherwise expressly stated.
      (Ord. 2020-21. Passed 2-18-20.)

1135.03 SCHEDULE OF PERMITTED USES.

LAND USE CATEGORY
Multi-Family residential District
Use-Specific Regulations Reference
R-MF Low Rise
R-MF Mid Rise
R-MF High Rise
(a) RESIDENTIAL
(1) One-Family Dwellings
P
(2) Two-Family Dwellings
P
(3) Attached One-Family Dwellings
P
(4) Apartments
P
P
P
(5) Group Development
P
P
P
(6) Envelope Lot Group Development
P
(7) Small-Scale Attached One-Family/Townhouse Development
C
(8) Senior Citizen Housing
C
C
C
(b) SUPPORTIVE LIVING/CARE FACILITIES
(1) Group Homes, Large
C
C
C
(2) Group Homes, Small
PS
PS
PS
(3) Nursing Home
C
C
C
(4) Assisted Living facility
C
C
C
(c) OPEN SPACE/RECREATIONAL
(1) Parks, playgrounds & other publicly owned recreation facilities
PS
PS
PS
(2) Club and Commercial Pools
C
C
C
(d) COMMUNITY SERVICES/FACILITIES
(1) Child Day Care Center
C
C
C
(2) Hospitals
C
C
C
(3) Places of Worship; Library
C
C
C
(4) Public Safety Facilities
C
C
C
LAND USE CATEGORY
Multi-Family residential District
Use-Specific Regulations Reference
R-MF Low Rise
R-MF Mid Rise
R-MF High Rise
(5) Public, private and parochial schools and accessory structures such as faculty residences, dormitories
C
C
C
(e) RETAIL ESTABLISHMENTS IN APARTMENT BUILDINGS for residents of same
C
(f) ACCESSORY BUILDINGS AND USES
(1) Private garages and off-street parking areas
A
A
A
(2) Recreation and community facilities, such as pools and tennis courts for use by residents of the multi-family development
A
A
A
(3) Storage buildings
A
A
A
(4) Apartment leasing office in a multi-family dwelling or as part of a multi-family development for the leasing of apartment units
A
A
A
(5) Guard house, gate house
A
A
A
(6) Trash receptacles
A
A
A
(7) Fences and walls
A
A
A
(8) Signs
A
A
A
(9) Gardens
A
A
A
(10) Home occupations
A
A
A
P = Principal use permitted by right    S = Permitted with additional uses-specific standards
C = Conditional Use A = Accessory Use
Blank Cell means the use is not permitted in the District
(Ord. 2020-21. Passed 2-18-20.)

1135.04 DEVELOPMENT AREA AND DENSITY REGULATIONS.

   Land area shall be divided and developed, and dwelling units shall be erected, altered, moved or maintained in an R-MF District only in compliance with the following area regulations to ensure that each multi-family development creates an appropriate residential environment.
   (a)   Minimum Development Area. The gross area of a tract of land proposed to be developed for multi-family units shall be not less than that set forth in Schedule 1135.04. The entire tract of land to be developed shall be considered one zoning lot.
   (b)   One-Family and Two-Family Requirements. In the R-MF-L District, when one-family and two-family dwellings are located on individually subdivided lots in a standard subdivision with public streets, such dwelling shall comply with the R-50 District regulations, set forth in Chapter 1131, for one- and two-family dwellings. One-family and two-family dwellings included as part of a group development shall comply with the regulations for multi-family developments set forth in this chapter.
   (c)   Multi-family Buildings on a Lot. More than one multi-family building, including attached one-family building, may be developed on the same zoning lot.
      (1)   One multi-family building on a lot shall be termed a single development.
      (2)   More than one multi-family building on a lot and not developed in the usual street and lot pattern shall be termed a group development.
   (d)   Minimum Frontage. Each zoning lot shall abut upon a public street for a distance not less than 100 feet. In a group development, buildings may be arranged in a group and all buildings need not front on a street.
   (e)   Maximum Dwelling Units. The residential density of a multi-family development, including a one-family attached/townhouse development, shall not exceed the number of dwelling units per acre set forth in Schedule 1135.04 for the district in which the development is located.
   (f)   Calculating Units. The total number of dwelling units permitted shall be calculated by multiplying the total land area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.
   (g)   Maximum Coverage. The maximum coverage of the lot, including all areas covered by buildings, vehicular drives, and parking areas shall not exceed the percentage of the total area of the development project set forth in Schedule 1135.04.
   (h)   Maximum Number of Attached One-Family Units. A building comprised of attached one-family units shall have not more than six such units attached.
Schedule 1135.04
Lot Area and Density Regulation
 
R-MF Low Rise
R-MF Mid-Rise
R-MF High Rise
(1)   Minimum Development Area (in acres)
5
5
10
(2)   Maximum Dwelling Units per Acre
8
16
22
(3)   Maximum Coverage of Buildings and Parking
50%
60%
70%
(Ord. 2020-21. Passed 2-18-20.)

1135.05 GROUP DEVELOPMENT UTILIZING ENVELOPE LOTS.

   In order to permit the arrangement and establishment of dwellings in group developments, when located on private roads for efficiency of accessibility, service, design and arrangement, while preserving commonly owned open spaces for recreation and privacy, land in an R-MF-L District may be developed as an Envelope Lot group development in accordance with the following standards and regulations:
   (a)   The arrangement and spacing of multi-family dwellings or one-family and two-family dwellings utilizing an Envelope Lot group development shall be accomplished in accordance with the formulas and regulations set forth in Chapter 1135, including without limitation the Site Development Regulations set forth in Section 1135.06, except that such dwellings may be placed on an Envelope Lot along with
   (b)   Envelope Lot group development may be used for detached one-family dwellings, two-family dwellings and multi-family dwellings and accessory uses permitted in Chapter 1135, provided, however, that any two-family or multi-family dwellings so utilized shall in each instance have one Envelope Lot, as defined by Section 1103.03 for each separate dwelling. For clarity, the term "zoning lot" as used generally in Chapter 1135 shall not be the same as or interpreted to be the same as an Envelope Lot.
   (c)   All dwellings, decks and attachments to the dwelling shall be located entirely within a recorded tract of land known as an Envelope Lot, and the Envelope Lot shall be owned in fee simple by the owner of the dwelling, and may be developed and owned in such a manner that each one-family dwelling and each dwelling unit of a two-family dwelling and any dwelling unit within a multifamily building shall be separately located entirely within a recorded tract of land or combined tract of land and rights above the surface, owned in fee simple, whose dimensions, locations, size and layout, including its location above the ground surface shall be subject to Planning Commission approval through a development plan review as if each Envelope Lot constituted an individual lot.
   (d)   There shall be no minimum area or minimum frontage requirement for a particular Envelope Lot. The boundaries of each Envelope Lot shall be clearly marked at each angle point by the developer with iron pins or other permanent monuments in accordance with the design standards of the City. Angle points on the back of an Envelope Lot which abut the common areas shall be marked with iron pins or other permanent monuments prior to issuance of any building permit for the construction of dwellings within an Envelope Lot. An Envelope Lot shall be arranged such that dwellings eventually built thereon will be able to meet the requirements of Chapter 1135.
   (e)   Driveways serving an Envelope Lot may be wholly or partially located on an Envelope Lot and wholly or partially located in a common area granting a right of access across such common area to private roads serving the group development.
   (f)   All commonly owned spaces for recreation and privacy shall be clearly shown and described on the Development Plan.
   (g)   The developer shall provide for the formation of a homeowners association in which each Envelope Lot owner shall be required to be a member and which shall be reviewed and approved by the Planning Commission at the time the development plan is approved by the Commission for use of Envelope Lots.
   (h)   The developer of the group development shall provide permanent easements in favor of each Envelope Lot owner to permit the construction, maintenance, repair, replacement and use of individual driveways and parking areas from the road serving the group development across common areas to a dwelling located on each Envelope Lot. The group development shall further provide for easements of access for common use to all common land areas within the group development for the benefit of each Envelope Lot owner. (Ord. 2020-21. Passed 2-18-20.)
 

1135.06 SITE DEVELOPMENT REGULATIONS.

   The following planning criteria are established to regulate the planning and development of multi-family units.
   (a)   Setback from Project Boundary. The setback of a dwelling from any project boundary shall be not less than the distance set forth in Schedule 1135.06. The project boundary shall include all lot lines that divide the tract of land developed for multi-family units from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Section 1135.04(a).
   (b)   Building Spacing. For group developments, the minimum distance separating overlapping walls of buildings, or parts thereof, shall be not less than the distance set forth in Schedule 1135.06.
      (1)   Non-overlapping walls shall have a minimum separation of twenty-five feet.
      (2)   Definitions. The terms used in this section are defined as follows:
         A.   "Main wall" means any exterior wall, containing the principal windows of the living, dining or sleeping room or rooms.
         B.   "Secondary wall" means an exterior wall, other than a main wall, containing minor windows of a dining or sleeping room, principal or minor windows of kitchen or bathrooms.
         C.   “Overlapping walls" means those portions of the exterior wall or walls which are directly opposite when two buildings parallel, or within forty-five degrees of parallel, face each other across an open yard or space.
   (c)   Building Height. The maximum height of a principal building shall be the height set forth in Schedule 1135.06.
Schedule 1135.06
Site Development Standards (in feet)
R-MF
Low Rise
R-MF
Mid-Rise
R-MF
High Rise
(a) Minimum Building Setback from Right-of-Way
(1) Euclid, Lake Shore, S.R. 84, Lost Nation, S.R. 91
60
60
60
(2) All other streets
40
60
60
(b) Minimum Building Setback from:
(1) Project boundary lines abutting an R-District
40
40
40(1)
(2) Project boundary line abutting all other districts
40
20
20
(c) Minimum Building Separation
(1) Main wall to main wall
70
70
70(2)
(2) Main wall to secondary wall
50
50
50(2)
 
R-MF
Low Rise
R-MF
Mid-Rise
R-MF
High Rise
(3) Secondary wall to secondary wall
30
30
30(2)
(d) Maximum Principal Building Height
35
35
80
NOTES TO SCHEDULE 1135.06
(1) Plus an additional 10 feet for every story over 3.
(2) Plus an additional 5 feet for each story over 3.
(Ord. 2020-21. Passed 2-18-20.)

1135.07 DWELLING UNIT AREA REQUIREMENTS.

   In order to promote healthful living conditions and to stabilize the value and character of residential neighborhoods, dwelling units shall be erected, altered, moved, maintained, modernized or occupied only in accordance with the following dwelling unit area regulations:
   (a)   Dwelling Unit Area. For the above purposes, the area of a dwelling unit shall be the sum of the gross floor areas, above the basement level, including those rooms and closets having a minimum ceiling height of seven feet six inches and having the natural light and ventilation as required by the Building Code.
   (b)   Floor Area Measurements. The area shall be measured from the interior face of the exterior walls and measured from the interior face of exterior walls and centerline of party walls where applicable for two-family and multi-family dwellings.
   (c)   Spaces Included as Floor Area. All areas within garages and breezeways; porches; public halls in two-family and multi-family dwellings, and any attached or detached accessory building shall not be included. Only the spaces shown on the development plans shall be included in the calculations of the required area.
   (d)   Minimum Area. The gross floor area of a dwelling unit shall be not less than the square footage set forth in Schedule 1135.07 for the district in which the dwelling is located.
Schedule 1135.07
Minimum Dwelling Unit Floor Area
Type of Dwelling
Minimum Floor Area (in square feet)
R-MF Low-Rise
R-MF Mid-Rise
R-MF High-Rise
(a) One-Family Dwellings
(1) One-story dwelling
1,000
NP
NP
(2) Dwelling with more than one story
1,250
NP
NP
(b) Two-Family Dwellings
(1) One-story dwelling
1,000
NP
NP
(2) Dwelling with more than one story
1,250
NP
NP
 
Type of Dwelling
Minimum Floor Area (in square feet)
R-MF Low-Rise
R-MF Mid-Rise
R-MF High-Rise
(c) Attached One-Family, Townhouse and Multi-Family Dwelling Units
(1) Efficiency Unit
550
550
550
(2) One Bedroom Unit
650
650
650
(3) Two-Bedroom Unit
800
800
800
(4) Three-Bedroom Unit
950
950
950
(Ord. 2020-21. Passed 2-18-20.)

1135.08 YARDS FOR ACCESSORY BUILDING AND USES.

   Any accessory use permitted in an R-MF District may either occupy a part of the main building, occupy a separate accessory structure or constitute an accessory land use.
   (a)   Location of Parking Areas. The site shall be designed so that the accessory parking area shall be located not more than 200 feet from the building entrance of the dwelling units to be served, the distance to be measured along pedestrian walks.
   (b)   Use and Design of Yards. All areas of the development not devoted to buildings shall be landscaped and maintained and shall be used only for pedestrian walks and passive recreational areas except as permitted in Schedule 1135.08.
   (c)   Distances from Accessory Uses to Buildings and Streets. The minimum distances from any accessory uses such as storage garages, parking areas, driveways, walks and recreation areas to certain walls of main buildings, streets and boundaries of the development area shall be not less than set forth in Schedule 1135.08.
Schedule 1135.08
Minimum Distances for Accessory Uses
 
Accessory Building or Use
To Wall of Main Buildings (in feet)
To Street Rights-of-Way (in feet)
To Side and Rear Lot Lines Abutting District (in feet)
Main
End
Public
Project
R-Districts
All other Districts (including R-MF District)
(a) Accessory Buildings, Storage Garage
35
15
(1)
20
15
10
(b) Parking Area
30
15
(1)
10
15
10
(c) Driveway
30
15
30(2)
10(2)
10
10
(d) Project Walk
15(3)
5
N/A
N/A
5
3
(e) Areas for Active Recreation
30
15
(1)
10
15
10
 
NOTES TO SCHEDULE 1135.08
(1) Not permitted in a required front yard.
(2) Not permitted in a required front yard except as required to access the public or private street.
(3) A project walk may be less than 15 feet, but not less than five feet, from a main wall if all windows have sills at least eight feet above the finished grade.
N/A Not applicable.
(Ord. 2020-21. Passed 2-18-20.)

1135.09 LANDSCAPING AND SCREENING REQUIREMENTS.

   Visual screening and landscape buffers shall be provided for multi-family developments in accordance with the provisions set forth in Section 1179.03.
(Ord. 2020-21. Passed 2-18-20.)

1135.10 DEVELOPMENT PLAN REVIEW.

   Any new construction of a permitted principal, conditional, or accessory use, or any existing or proposed amendment of a previously approved development which proposes to add Envelope Lots to a group development, increase the number of dwelling units or expand the floor area, or any change in use which requires a modification in the amount of parking or the site's circulation requires the submission and approval of a development plan pursuant to Section 1109.04.
(Ord. 2020-21. Passed 2-18-20.)