Willoughby Hills City Zoning Code

TITLE SEVEN

Zoning District/Use Regulations

1133.01 PURPOSE.

Single Family Residential Districts (R-1 and R-2) and their regulations are established in order to achieve, among others, the following purposes:

(a) To regulate the bulk and location of dwellings and accessory buildings or structures to obtain proper privacy and useable open spaces on each lot appropriate for the various districts;

(b) To provide for proper location of institutions and other community facilities so as to increase the general convenience, safety and amenities within the community;

(d) To regulate the density and distribution of population to avoid congestion and provide adequate public services;

(e) To promote the most desirable and beneficial use of the land in conformity with the Comprehensive Plan; and

(f) To carry out the following specific purposes:

(1) The R-1 District is established to encourage the creation and preservation of low-density single-family detached dwelling residential neighborhoods and to limit the establishment of non-residential uses to those that are compatible with the intended low-density neighborhood character.

(2) The R-2 District is established to provide, preserve and protect medium density residential areas for detached and attached single-family dwellings arranged to provide good building site design and effective open space in areas adequately served by City utilities and streets.

(Ord. 2006-35. Passed 5-25-06.)

1133.02 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1133.02 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other City Ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1133.02 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning and Zoning Commission first makes the determination that the requirements of Chapter 1147 have been met, according to the procedures set forth in Chapter 1115.

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1133.02 shall be permitted as an accessory use in a district when denoted by the letter "A" provided that the requirements of all other City Ordinances and this Planning and Zoning Code have been met. Accessory uses are further regulated as listed below.

(1) Accessory storage buildings or structures in compliance with Sections 1133.10 – 1133.12.

(2) Fences, walls and landscape features in compliance with Section 1133.10 –1133.12.

(3) Home occupations in compliance with Chapter 1157, General Use Regulations.

(4) Off-street parking areas in compliance with Section 1133.10 – 1133.12 and Chapter 1153, Off Street Parking and Loading Regulations.

(5) Private swimming pools in compliance with Section 1133.10 – 1133.12.

(6) Signs in compliance with Chapter 1151, Sign Regulations.

(d) Use Not Listed in Schedule. Any use not specifically listed as a permitted principal, conditional or accessory use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Official Zoning Map as provided in Chapter 1119 or upon a finding that a use is substantially similar as provided in Chapter 1115.

(e) Schedule 1133.02 Permitted Uses:

	R-1 Traditional Single Family District	R-2 Attached Single- Family/Townhouse District
(a) Residential
(1) Single family detached dwelling (Traditional)	P	P
(2) Single family attached dwelling (Townhouses)		P
(3) Conservation development in Compliance with Chapter 1143	P	P
(4) Family Day Care Home, for 1 to 6 Children (Type B) See §1157.04	P	P
(5) Family Day Care Home (Type A)	C	C
(6) Adult care facility for 3-5 Persons	P	P
(7) Residential facility for 5 or fewer persons	P	P
(8) Residential facility for 6-8 persons	P	P
(b) Community Facilities
(1) Churches/Places of Worship	C	C
(2) Community Recreation Facility	C	C
(3) Day care center, child and/or adult accessory to a conditional use	C	C
(4) Library	C	C
(5) Public Safety Facility	C	C
(6) Schools, elementary & secondary (public or private)	C	C

	R-1 Traditional Single Family District	R-2 Attached Single- Family/Townhouse District
(c) Open Space, Recreation
(1) Nurseries and greenhouses (R- 1)	P
(2) Cemeteries	C	C
(3) Golf courses	C	C
(4) Parks	P	P
(d) Other Uses
(1) Utility substation/distribution facility, indoor	C	C
(2) Wireless telecommunication facility	See Chapter 1161
(e) Accessory Uses
(1) Accessory Buildings	A	A
(2) Fences and walls	A	A
(3) Home Occupations	A	A
(4) Off-street parking/driveways	A	A
(5) Other accessory structures	A	A
(6) Private swimming pools/tennis courts	A	A
(7) Signs	A	A
(R-1) Nurseries and greenhouses shall only be permitted if existing prior to May 25, 2006. If the intensity of the use increases, the use shall be a conditional use subject to the regulations in Chapters 1115 and 1147. In determining whether the intensity of the use is increased, the Zoning Administrator shall consider the factors in subsection 1121.03(c)(1).
P = Permitted by right C = Conditional A = Accessory

(Ord. 2006-35. Passed 5-25-06.)

1133.03 DEVELOPMENT STANDARDS.

(a) R-1 Traditional Single Family District. The following development standards shall be applied to all development in the R-1 Traditional Single Family District.

(1) Minimum Area. The area of a lot shall not be less than the dimensions set forth in Schedule 1133.03 (a).

(2) Lot Requirements. Lots created and used in a residential district shall comply with the minimum lot width, frontage and the maximum lot coverage requirements specified in Schedule 1133.03 (a)(4) for the district in which the lot is located, except as otherwise regulated in Chapter 1137 for Conservation Developments and as otherwise regulated in Chapter 1115 for Conditional Uses.

(3) Maximum Distance of Dwelling from Fire Hydrant. No dwelling unit shall be constructed or maintained at a distance of more than 1,000 feet hose lay, from a fire hydrant.

(4) Schedule 1133.03(a)(4) Development Standards in R-1 District:

	R-1 Traditional Single Family District
(a) Minimum lot area	43,560 sq. ft.
(b) Minimum lot frontage	40 ft.
(c) Minimum lot frontage on cul-de-sacs	40 ft.
(d) Minimum lot width	100 ft.
(e) Maximum lot coverage	25%
In the event that the minimum lot width mandated by subsection 1133.03 (4)(d) is not achieved at a distance of seventy-five (75) feet from the right-of-way line, no property located between the right-of-way line and the point where 100 feet of width is achieved, shall be included for the purpose of determining whether or not the lot complies with the requirements of subsection 1133.03 (4)(a), Minimum Lot Area. However, a single family detached dwelling and accessory buildings may be constructed on any lot that is separately owned or the creation of which, by subdivision, had been approved by the Planning and Zoning Commission prior to May 25, 2006.

(b) R-2 Attached Single-Family/Townhouse District. Land area shall be divided and developed, and buildings shall be erected, altered, moved or maintained in a R-2 Attached Single-Family/Townhouse District only in compliance with the following area regulations.

(1) Minimum Development Area. The gross area of a project shall not be less than five (5) acres, as set forth in Schedule 1133.03 (b)(9). The entire tract of land to be developed shall be considered one zoning lot.

(2) Detached Single-Family Requirements. In the, R-2 District, single-family dwellings on individually subdivided lots shall comply with the regulations for detached, single family homes in the R-1, Traditional Single Family District in Sections 1133.03 and 1133.04 .

(3) Maximum Distance of Dwelling from Fire Hydrant. No dwelling unit shall be constructed or maintained at a distance of more than 1,000 feet, hose lay, from a fire hydrant.

(4) Minimum Frontage. Each lot shall abut upon a public street for a distance not less than set forth in Schedule 1133.03(b)(9). In an attached single family/townhouse development, buildings may be arranged in a group and all buildings need not front on a street.

(5) Maximum Density. The residential density in a R-2 Attached Single- Family/Townhouse District shall not exceed four (4) dwelling units per acre.

Calculating Units. The total number of dwelling units permitted shall be calculated by multiplying the total project 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. Any fractional units shall be rounded downward.

(6) Building Spacing. The minimum distance separating buildings shall be not less than the distances set forth in Schedule 1133.03(b)(9).

(7) Maximum Coverage. The maximum coverage of the lot, for all areas covered by buildings shall comply with the regulations as set forth in Schedule 1133.03(b)(9).

(8) Maximum Number of Attached Single-Family Units. A building comprised of attached single-family units shall have not more than three (3) such units attached.

(9) Schedule 1133.03(b)(9) Development Standards in R-2 District:

R-2

Attached Single-

Family/Townhouse District

(a) Minimum project area

5 acres

(b) Minimum lot frontage, including cul- de-sacs

100 ft

(1) Main wall to main wall

30 ft.

(2) Main wall to end wall

30 ft.

(3) End wall to end wall

30 ft

(d) Maximum lot coverage by buildings

25%

(e) Maximum dwelling units per acre

4 units

(10) Definitions. The following definitions shall apply to terms used in this Section:

A. Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.

B. End Wall. The outside walls other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.

(Ord. 2006-35. Passed 5-25-06.)

1133.04 SETBACK REQUIREMENTS.

Principal buildings shall be located in a manner that maintains the minimum front, side and rear setbacks set forth in this Section for the district in which the they are located, except as otherwise regulated in Chapter 1143 for Conservation Developments and Chapter 1147 for Conditional Uses.

For the purpose of this Section, buildings or structures erected on lands where the roads, drives, and/or streets are undedicated or private or owned in common, such are considered the same as public ways for the purpose of determining building setback lines.

(a) R-1 Traditional Single Family District.

(1) Front Setback. Each lot shall maintain a front setback in compliance with Schedule 1133.04(a), except as otherwise permitted in subsection (2) below.

(Ord. 2006-35. Passed 5-25-06.)

(2) Front Setback on Built-up Block Faces. Where more than 50% of the lots on a residential block face when the block length does not exceed 2000 feet, are occupied by dwellings of the type and use permitted in the district, the minimum front setback depth for new dwelling shall be the average depth, plus or minus five feet, of the front setbacks of existing dwellings located within 100 feet on either side of a given lot, provided however, the depth of the front setback resulting there from shall not be less than one-half the distance set forth in Schedule 1133.04(a). (Ord. 2014-46. Passed 7-10-14.)

(3) Front Setback on Through Lots. On a through lot, a front setback shall be provided on each frontage equal to the minimum required front setback as set forth in Schedule 1133.04(a). There shall be no required rear setback on a through lot.

(4) Side Setbacks. Each interior and through lot shall have and maintain two side yards. Schedule 1133.04(a) sets forth the minimum width of any side setback.

(5) Side Setbacks for Corner Lots. Principal buildings constructed or altered on a corner lot shall provide a side setback on the side street not less than twenty-five (25) feet from the edge of the right-of-way of the side street or highway, whether public or private.

(6) Rear Setbacks. Each lot shall maintain a rear setback as specified in Schedule 1133.04(a)(7).

(7) Schedule 1133.04(a)(7) Minimum Setback Requirements in R-1 District:

	R-1 Traditional Single Family District
(a) Minimum front setback	75 ft. (1)
(b) Minimum side setback (each side)	15 ft
(c) Minimum rear setback	40 ft.
(1) Except as otherwise permitted in Section 1133.04 (a)(2) above.

(b) R-2 Attached Single-Family/Townhouse District. The following setback requirements shall be applied to all development in the R-2 Attached Single-Family/Townhouse District.

(1) Detached Single-Family Requirements. In the R-2 District, single-family dwellings on individually subdivided lots shall comply with the regulations for detached, single family homes in the R-1, Traditional Single Family District, listed above.

(2) Building Setback from Project Boundary. The setback of a dwelling from any project boundary shall be not less than the distance set forth in Schedule 1133.04(b)(4). The project boundary shall include all lot lines that divide the tract of land developed for attached single-family/townhouse units from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Schedule 1133.03(b)(4).

(3) Parking Setback from Project Boundary. The setback of off-street parking areas from any project boundary shall be not less than the distance set forth in Schedule 1133.04(b)(4).

(4) Schedule 1133.04(b)(4) Minimum Setback Requirements in R-2 District:

R-2

Attached Single-

Family/Townhouse District

(a) Minimum building setback from right-of-way

50 feet

(b) Minimum building setback from private road

30 feet

(1) Project boundary lines abutting an R-1 District

40 feet

(2) Project boundary line abutting all other districts

20 feet

(d) Minimum parking setback from:

(1) Project boundary lines abutting an R-1 District

25 feet

(2) Project boundary line abutting all other districts

15 feet

(3) Right-of-way line

25 feet

(Ord. 2006-35. Passed 5-25-06.)

1133.05 PRINCIPAL BUILDING PROJECTIONS INTO REQUIRED SETBACKS.

(a) For Single-family Detached Dwellings: No portion of the building including steps, porches, skylights, sills, belt-courses, eaves, cornices, chimneys, and ornamental features attached to the principal building shall project into a required setback.

(b) For Single-family Attached Dwellings: The following projections shall be permitted into the required setback a maximum of one and one-half (1½) feet for the end units adjacent to the boundary lines: steps, porches, skylights, sills, beltcourses, eaves, cornices, chimneys, and ornamental features attached to the principal building.

(Ord. 2006-35. Passed 5-25-06.)

1133.06 FLOOR AREA REQUIREMENTS.

In order to promote healthful living conditions and to stabilize the value and character of residential areas, single-family dwelling units and townhouses shall be erected, altered, moved, maintained or occupied only in accordance with the minimum floor area requirements set forth in this Section. For the purposes of calculating the total floor area, all areas within basements, garages and any attached or detached accessory building or structure shall not be included.

(a) For detached single-family dwellings, the total floor area per dwelling unit shall not be less than 1,250 square feet above finished grade. Not less than 900 square feet shall be on the first floor, above the finished grade if such dwelling has a second floor reached by a permanently fixed inside stairway.

(b) For attached single-family dwellings, the total floor area shall not be less than 1,250 square feet above finished grade.

(Ord. 2006-35. Passed 5-25-06.)

1133.07 HEIGHT REGULATIONS.

All buildings and structures in any residential district shall comply with the following height regulations:

(a) The height of principal buildings and structures shall not exceed 35 feet.

(b) The height of accessory buildings and structures shall not exceed 18 feet or the height of the principal dwelling, whichever is less.

(Ord. 2006-35. Passed 5-25-06.)

1133.08 COMMON FACILITIES REQUIREMENTS.

(a) Any common facilities established as part of a R-1 or R-2 development shall be either:

(1) Retained by the owners of such development; or,

(2) Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as a common facility.

(b) The legal documents relating to the ownership, management, public easements if any, and maintenance of such common facilities shall be reviewed and approved by the City's Law Director. The Law Director shall indicate such approval prior to the final development plan being approved by the Planning and Zoning Commission.

(Ord. 2006-35. Passed 5-25-06.)

1133.09 DESIGN CRITERIA FOR DWELLINGS IN THE R-1 DISTRICT.

(a) For any new single-family detached dwelling, an attached garage that has overhead garage doors that face the street shall be setback at least four (4) feet from the front Facade of the main building mass. The following exceptions shall apply:

(1) An overhead garage door may be flush with the front Facade of the building if the building has a porch, floor to ceiling bay window, balcony, structurally integral planter, or other significant design feature or combination of features that extend at least four (4) feet forward from the wall plane on which the garage door is placed. A garage door that is recessed within the thickness of the garage wall as a result of typical construction practices shall be considered flush; or

(2) An overhead garage door may be flush with the front Facade of the residence if at least forty percent (40%) of the Facade on which the door is located is comprised of windows; or

(3) An overhead garage door may be flush with the front Facade of the residence if the garage is not more than thirty-five percent (35%) of the length of the street-facing Facade; or,

(4) Designs approved by the Architectural Board of Review.

(b) For any new single-family detached dwelling, the area of all attached or detached garages shall not exceed fifty percent (50%) of the area of the building footprint for the principal building. For the purpose of this subsection, the building footprint shall not include any proposed attached garage.

(Ord. 2006-35. Passed 5-25-06.)

1133.10 ACCESSORY USE REGULATIONS FOR SINGLE-FAMILY DETACHED DWELLINGS.

Accessory uses, buildings and structures permitted in the R-1 district shall comply with the regulations set forth below as well as any applicable standards in Chapter 1157, General Use Regulations.

(a) Principal Building Required. No accessory building, structure or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Planning and Zoning Code.

(b) Zoning Certificate Required. The construction and installation of all accessory buildings and structures shall require zoning certificate in compliance with the application requirements set forth in Chapter 1113, Zoning Certificates and Certificates of Zoning Compliance.

(c) Landscaping and Incidental Structures Permitted. Hedges, shrubs, trees, flowers, plants, walks, latticework screens, arbors, trellises, mail boxes, lamp posts, bird baths, benches and similar landscaping features and incidental structures shall be permitted in a required setback provided such landscaping features and incidental structures comply with the visual clearance requirements for corner lots set forth in Section 1157.11 , Visibility at Intersections.

(d) Location Requirements for Accessory Uses. An accessory building or use permitted in a residential district shall be located in accordance with the restrictions set forth in Schedule 1133.10. However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code. No accessory building shall be located within an easement. If any accessory structure other than a building is located within an easement, the owner of such accessory structure shall be responsible for any costs associated with the removal and/or replacement of the structure should access to the easement be required.

(e) Location Requirements for Play Structures. Play structures, including but not limited to slides and swings, shall not be permitted in the front yard.

(f) Schedule 1133.10 Permitted Accessory Structures In Front, Side and Rear Setback:

Use	Yard Permitted	Minimum Setback From Lot Line
Use	Yard Permitted	Front	Side	Rear
(a) Attached accessory buildings and structures	None	(1)	(1)	(1)
(b) Detached accessory buildings, including garages	Side (2), rear	NP(3)	15 ft.	15 ft.
(c) Driveways	Front, corner side, side rear	NA	3 ft.	(1)
(d) Fences, walls	Front, corner side, side, rear	See § 1133.11 (e)(2)	(0)	(0)
(e) Uncovered porches, stairs, patios and decks	Side, rear	(1)	(1)	(1)
(f) Private swimming pools	Rear	NP	(1)	(1)
(g) Outdoor storage of recreation vehicle. See also sub-section 1133.11 (b)	Rear	NP	(1)	(1)
Notes to Schedule 1133.10: (1) Shall comply with the development standards and setback requirements for principal buildings set forth in Section 1133.04 . (2) Accessory buildings on corner lots shall be setback seventy-five (75) feet from the side street right-of-way or in compliance with Section 1133.04 (a)(2). (3) One accessory building is permitted in the front yard provided the accessory building is setback a minimum of 200 ft. from the right-of-way line. NP - Not Permitted. NA - Not Applicable.

(Ord. 2006-35. Passed 5-25-06.)

(g) Maximum Area and Number of Accessory Buildings. The maximum allowable area for all accessory buildings and the maximum number of accessory buildings permitted on a zoning lot shall be as follows:

(1) The maximum footprint for all accessory buildings and structures on lots of one (1) acre or less shall be 960 square feet.

(2) The maximum footprint for all accessory buildings and structures on lots of more than one (1) acre shall be 960 square feet plus one (1) additional square foot per every 100 square feet of property over one (1) acre.

(3) Any floor area above the first or ground floor, whether accessible or not, and any uncovered improved area adjacent to the accessory building is excluded from the above calculations.

(4) No more than two (2) accessory buildings shall be permitted on a single zoning lot. (Ord. 2009-15. Passed 4-23-09.)

(h) Additional Regulations for Parking Areas. Required parking areas shall not be located in the front setback, and supplemental parking areas are prohibited between the front building line and the front setback line.

(Ord. 2006-35. Passed 5-25-06.)

1133.11 ACCESSORY USE REGULATIONS FOR ALL SINGLE FAMILY RESIDENTIAL DISTRICTS.

Accessory uses, buildings and structures permitted in the R-1 and R-2 Districts shall comply with the regulations set forth below.

(a) Additional Regulations for Parking Areas, Driveways and Vehicles. Open, off-street parking areas and vehicles shall comply with the regulations set forth below:

(1) Accessory off-street parking shall comply with the parking requirements set forth in Chapter 1153.

(2) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or auto body parts in an open yard is prohibited on a residential lot.

(3) The overnight parking or the outdoor storage of commercial motor vehicles shall comply with Section 1157.07 , Additional Regulations Regarding Motor Vehicles in Residential Zoning Districts.

(b) Additional Regulations for Recreational Vehicles. Recreational vehicles are permitted in the R-1 and R-2 Districts provided they comply with the regulations set forth below:

(1) They shall not be permanently connected to electricity, water, gas, or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes.

(2) If the recreational vehicle is parked or stored outside, it shall be stored or parked in the rear yard; and shall not be stored or parked in any side setback. On a corner lot, a recreational vehicle shall be stored or parked in compliance with the corner side setback requirements in Section 1133.04 .

(3) Notwithstanding the provisions of this sub-section, recreational vehicles may be parked anywhere on the premises for loading or unloading purposes, for a period of not more than 48 hours.

(4) If the recreational equipment is parked or stored outside, it shall be parked on an impervious surface, such as asphalt or concrete.

(5) All recreational equipment shall be kept in good repair and carry a current year’s license or registration.

(d) Swimming Pools. Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and lot coverage requirements set forth in Schedule 1133.10 as well as the regulations in Section 1157.06 , Swimming Pools.

(e) Fences and Walls. Fences and walls in any residential district shall comply with Schedule 1133.10 and the following:

(1) Height and Opacity.

A. Front Yards and Corner Side Yards. Fences in a front and or corner side yard shall not exceed forty-two (42) inches in height above the natural grade. At least 75% of the vertical surface of the fence located in a front or corner side yard shall be open and such openness shall be uniformly distributed across the vertical surface.

B. Side and Rear Yards. Fences and walls in the side or rear yard shall not exceed six (6) feet in height above the natural grade.

(2) Fences may be located in any part of the yard. Fences may be built up to, but not on, the property line, except adjacent to public rights-of-way in which case the fence shall have a one (1) foot setback. Fences shall be located entirely on the property of the person constructing it.

(3) Fences, gates, doors and other obstructions shall not swing across or over a sidewalk, property line, or public right-of-way.

(4) On a corner lot, all fences must comply with the visual clearance requirements for corner lots set forth in Section 1157.11, Visibility at Intersections.

(5) No fence shall be constructed, without City authorization, within a right-of- way or a utility easement. Any fence constructed within a utility easement, or inhibiting access to such easement, may be removed by the City and the cost of such removal may be charged against those parties having an interest in the fence.

(6) Materials and Construction.

A. Fences shall be constructed of finished masonry (unfinished masonry shall not be permitted), wood, or other similar synthetic materials, except that chain link fencing is permitted in the side or rear yard.

B. No fence shall be electrified or topped with broken glass, spikes, barbed wire or other sharp edged material. A living fence whose species has briars, thorns or other foliage which can scratch, injure or harm a person or animal shall be kept trimmed by the owner when such fence is within the required front, side or rear setback.

C. Fences that are painted shall be one color. Fences and walls shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located. The smooth finished side of the fence shall be the side of the fence that faces outward from the yard being fenced. (Ord. 2006-35. Passed 5-25-06.)

1133.12 ACCESSORY USE REGULATIONS FOR THE R-2, ATTACHED SINGLE-FAMILY DISTRICT.

Location Requirements for Accessory Uses in the R-2 District. An accessory building or use permitted in the R-2 District shall be located in accordance with the restrictions set forth in Schedule 1133.10. However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code. No accessory building shall be located within an easement. If any accessory structure other than a building is located within an easement, the owner of such accessory structure shall be responsible for any costs associated with the removal and/or replacement of the structure should access to the easement be required. (Ord. 2006-35. Passed 5-25-06.)

1133.13 DEVELOPMENT PLAN REVIEW.

In the R-1 and R-2 Districts, all permitted uses shall be allowed only after development plans have been reviewed and approved pursuant to the procedures set forth in Chapter 1111, Development Plan Review Procedures or Chapter 1113, Zoning Certificates and Certificates of Zoning Compliance, whichever is applicable.

(Ord. 2006-35. Passed 5-25-06.)

1135.01 PURPOSE.

Multi-Family Residential District (M, M-1) regulations are established in order to achieve, among others, the following purposes:

(a) To preserve the character of differing neighborhoods by providing different districts with different densities and development standards.

(b) Reserve residential charm within the City for those areas offering opportunity for a higher family density.

(c) Provide, preserve and protect locations for medium and high-density apartment development in areas with appropriate levels of service.

(d) Regulation of the bulk and location of dwellings to obtain proper privacy and useable open spaces appropriate for the various districts.

(e) Regulation of the density and distribution of population to avoid congestion and to provide adequate public services.

(f) To carry out the following specific purposes:

(1) The M District is established to provide, preserve and protect medium density residential areas for multi-family dwellings arranged to provide good building site design and effective open space in areas adequately served by City utilities and streets.

(2) The M-1 District is established to provide, reserve and protect locations for high-density apartment development in areas with appropriate levels of service. (Ord. 2006-35. Passed 5-25-06.)

1135.02 USE REGULATIONS.

(a) Uses Permitted By Right. A use listed in Schedule 1135.02 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1135.02 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning and Zoning Commission first makes the determination that the requirements of Chapter 1147 have been met according to the procedures set forth in Chapter 1115.

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1135.02 shall be permitted provided that the requirements of all other City Ordinances and this Planning and Zoning Code have been met. Accessory uses are further regulated as noted below as well as in other Sections of this Planning and Zoning Code.

(1) Accessory storage buildings including garages in compliance with Section 1135.08, Accessory Use Regulations.

(2) Fences, walls, landscape features and other structures in compliance with Section 1135.08, Accessory Use Regulations and Chapter 1155, Landscaping and Land Use Buffers

(3) Home occupations in compliance with Section 1157.05, Home Occupations.

(4) Private garages and off-street parking spaces in compliance with this Chapter and Chapter 1153, Off-Street Parking and Loading Regulations.

(5) Recreation and community facilities intended for use by residents of the development in compliance with this Chapter.

(6) Signs in compliance with Chapter 1151, Sign Regulations.

(d) Use Not Listed in Schedule. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular multi-family residential 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 Planning and Zoning Code applicable to the specific use and parcel in question. 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 Official Zoning Map as provided in Chapter 1119 or upon a finding that a use is substantially similar as provided in Section 1115.10 , Similar Uses.

(e) Schedule 1135.02 Permitted Uses.

	M Multi-Family District	M-1 High Rise Apartment District
(a) Residential
(1) Multi-family dwellings	P	P
(2) Single-family attached dwellings	P	P
(3) Two-family dwelling	P	P
(4) Adult care facility for 3-5 Persons	P	P
(5) Adult care facility for 6-16 Persons	P	P
(6) Family day care home, for 1 to 6 Children (Type B) See Section 1157.04	P	P
(7) Residential facility for 5 or fewer persons	P	P
(8) Residential facility for 6-8 persons	P	P
(9) Residential facility for 9-16 persons	C	C
(b) Community Facilities
(1) Churches/places of worship	P	P
(2) Community recreation facilities	P	P
(3) Congregate care	P	P
(4) Cultural institutions	P	P
(5) Daycare center, child and/or adult	P	P
(6) Park	P	P
(7) Library	P	P
(8) Public Safety Facility	C	C
(9) Schools, elementary & secondary (public or private)	P	P

	M Multi-Family District	M-1 High Rise Apartment District
(c) Accessory Uses
(1) Utility substation/distribution facility, indoor	C	C
(2) Wireless telecommunication facility	See Chapter 1161
(d) Accessory Uses
(1) Accessory buildings	A	A
(2) Fences and walls	A	A
(3) Garbage and rubbish disposal facilities	A	A
(4) Home occupations	A	A
(5) Off-street parking/driveways	A	A
(6) Other accessory structures	A	A
(7) Private swimming pools/tennis courts	A	A
(8) Restaurant, retail establishments, service establishments, recreational facilities (M- 1)	A	A
(9) Signs	A	A
Notes to Schedule 1135.02: (M-1) These uses are permitted accessory uses in a multi-family building where authorized by the Planning and Zoning Commission, provided they occupy no more than fifty percent (50%) of the gross floor area of the first or ground floor.
P = Permitted by right C = Conditional A= Accessory

(Ord. 2006-35. Passed 5-25-06.)

1135.03 AREA AND DENSITY REGULATIONS.

Land area shall be divided and developed, and buildings shall be erected, altered, moved or maintained in an M or M-1 District only in compliance with the following regulations.

(a) Minimum Development Area. The gross area of a tract of land shall not be less than the dimensions set forth in Schedule 1135.03. The entire tract of land to be developed shall be considered one zoning lot.

(b) Minimum Lot Frontage and Width. Each zoning lot shall abut a public street not less than the dimensions set forth in Schedule 1135.03. The minimum width of a zoning lot shall not be less than the dimensions set forth in Schedule 1135.03.

(c) Maximum Lot Coverage. The maximum lot coverage, for all areas covered by buildings shall not exceed the percentage of the total area of the development project set forth in Schedule 1135.03.

(d) Maximum Density.

(1) The density of a multi-family residential development (M, M-1) shall not exceed the number of dwelling units per acre set forth in Schedule 1135.03 for the district in which the development is located.

(2) The total number of dwelling units permitted shall be calculated by multiplying the total development 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. Any fractional units shall be rounded downward.

(e) Schedule 1135.03 Lot and Density Regulations.

	M Multi-Family District	M-1 High Rise Apartment District
(a) Minimum development area
(1) Residential dwellings	5 acres	8 acres (1)
(2) Non-residential uses	5 acres (2)	5 acres (2)
(b) Minimum lot frontage
(1) Residential dwellings	100 ft.	100 ft.
(2) Non-residential uses	100 ft. (2)	100 ft. (2)
(c) Minimum lot width	100 ft. (3)	100 ft. (3)
(d) Maximum lot coverage by buildings (main & accessory)	25%	25%
(e) Maximum density	15 units/acre	No limit (4)
Notes to Schedule 1135.03: (1) Eight (8) acres for one building, 12 acres for two high-rise buildings, and an additional 5 acres of land per apartment building thereafter constructed on the same land. (2) Except as otherwise regulated by Chapter 1147, Conditional Use Regulations. (3) All lots used for residential purposes must have an average width of 350 feet, except in the case of irregular lots whereby approval may be sought from the Planning and Zoning Commission, and confirmed by Council. (4) There shall be no limit to the number of dwelling units permitted on an acre of land except as the number of units is governed by compliance with the other provisions of this Planning and Zoning Code.

(Ord. 2006-35. Passed 5-25-06.)

1135.04 DWELLING UNIT AREA REQUIREMENTS.

In order to promote healthful living conditions and to stabilize the value and character of residential areas, dwelling units shall be erected, altered, moved, maintained or occupied only in accordance with the minimum floor area requirements set forth below:

Schedule 1135.04

Dwelling Unit Area Requirements

	M Multi-Family District	M-1 High Rise Apartment District
(a) One bedroom unit	750 sq. ft. (1)	550 sq. ft. (1)
(b) Two bedroom unit	900 sq. ft.	750 sq. ft.
(c) Three bedroom unit	1,100 sq. ft. (2)	900 sq. ft.
(d) Four bedroom unit	1,250 sq. ft. (2)	1,050 sq. ft.
Notes to Schedule 1135.04: (1) No more than fifty percent (50%) of the dwelling units in an apartment building shall be in the one bedroom category. (2) No more than twenty percent (20%) of the dwelling units in an apartment building shall be in the three (3) or more bedroom category.

(Ord. 2006-35. Passed 5-25-06.)

1135.05 SITE DEVELOPMENT REGULATIONS.

The following regulations are established to regulate the design and development of buildings in multi-family districts.

(a) Building Setback from Project Boundary. The setback of a dwelling from any project boundary shall be not less than the distance set forth in Schedule 1135.05. 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 1135.03 (a).

(b) Parking Setback from Project Boundary. The setback of off-street parking areas shall be not less than the distance set forth in Schedule 1135.05.

(c) Building Spacing. The minimum distance between apartment buildings shall be determined as follows: the length and height of each proposed building shall be added and the result divided by four. Such result shall constitute the minimum distance between such buildings.

“Length” is defined as the length of the portion or portions of any wall of one building from which lines drawn perpendicular to the face of such wall intersects any wall of the other building.

(d) Building Height. All buildings shall comply with the maximum height regulations set forth below:

(1) The height of principal buildings shall not exceed the maximum height set forth in Schedule 1135.05.

(2) The height of accessory buildings shall not exceed fifteen (15) feet.

(3) Permitted height exceptions are set forth in Section 1157.02 , Supplementary Height Regulations.

(e) Schedule 1135.05 Site Development Standards

	M Multi-Family District	M-1 High Rise Apartment District
(a) Minimum building setback from right-of-way	50 feet	100 feet
(b) Minimum rear setback from:
(1) Project boundary lines abutting an R District	50 feet	100 feet
(2) Project boundary line abutting all other districts	50 feet	50 feet
(c) Minimum side setback from:
(1) Project boundary lines abutting an R District	25 feet	50 feet
(2) Project boundary line abutting all other districts	25 feet	25 feet
(d) Minimum parking setback from project boundary lines abutting an R District	25 feet	25 feet
(e) Minimum Principal Building Height	NA	80 feet
(f) Maximum Principal Building Height	35 feet	150 feet (1)
Notes to Schedule 1135.05: (1) Sundeck, restaurant, penthouse and other roof structures shall be within the one hundred fifty (150) feet maximum height limit. NA = Not Applicable

(Ord. 2006-35. Passed 5-25-06.)

1135.06 OFF-STREET PARKING REGULATIONS.

Off-street parking areas shall be provided for multi-family developments in accordance with the provisions set forth in Chapter 1153.

(Ord. 2006-35. Passed 5-25-06.)

1135.07 LANDSCAPE, LIGHTING, AND SCREENING REQUIREMENTS.

Visual screening and landscape buffers shall be provided for multi-family developments in accordance with the provisions set forth in Chapter 1155 . All exterior lighting shall comply with the regulations in Section 1157.12 , Exterior Lighting Regulations.

(Ord. 2006-35. Passed 5-25-06.)

1135.08 ACCESSORY USE REGULATIONS.

Any accessory use permitted in an M or M-1 District may occupy a part of the principal building, occupy a separate accessory structure or constitute an accessory land use.

(a) No accessory uses shall be permitted in a front yard area.

(b) Fence and Wall Regulations. Fences and walls may be located in the required setbacks set forth in Schedule 1135.05 and shall comply with the regulations set forth in Section 1133.11 (e), Fences and Walls.

(c) Swimming Pools. Private swimming pools for the exclusive use of residents of the premises shall comply with the supplemental regulations set forth in Chapter 1157.06, Swimming Pools.

(d) Minimum Setbacks for Accessory Buildings and Uses. Accessory buildings, including garages; carports; and active recreation areas such as a swimming pool or tennis court which are intended for use by the residents of the residential development, shall be equal to the setback of the principal building set forth in Schedule 1135.05.

(e) Outdoor Storage. Outdoor storage is prohibited.

(f) Commercial Motor Vehicles. Commercial motor vehicles shall comply with the regulations in Section 1157.07 (c), Additional Regulations Regarding Motor Vehicles in Residential Districts.

(g) Motor Vehicles. The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or auto body parts is prohibited.

(Ord. 2006-35. Passed 5-25-06.)

1135.09 PLANNING CRITERIA.

The following Planning Criteria standards shall apply to all developments in an M or M-1 District.

(a) Multi-family buildings need not be distributed in a uniform height or density throughout the parcel.

(b) The buildings shall be located so as to take advantage of the topography, natural features and superior views within the neighboring area. They shall be designed and arranged so that the distance between buildings and the various parts thereof and between buildings and boundaries of adjoining areas will enhance the privacy, use and enjoyment of the maximum number of dwelling units within the buildings.

(c) Paved walkways shall be provided and maintained connecting each outdoor entryway in a multi-family development to the parking area serving that building, to the public street, to other buildings on-site, and to any recreation facilities that are provided as part of the development. Where garages are constructed, the walls and roof shall be a part of the approved design of the buildings.

(d) The landscaped areas shall be the minimum percentage of those portions of the parcel, which are not covered by buildings, structures, parking areas, driveways, and swimming pool or similarly permitted outdoor use. Lawns, trees and shrubs shall be planted and maintained.

(e) Development plans should be designed to protect and preserve the residential character of any surrounding Single-family Residential District.

(f) Every apartment building shall be of masonry construction and shall be faced above the basement ceiling with either stone or brick. No concrete or other blocks shall be used for facing above such basement ceiling line.

(g) Utilities. All utilities required to serve a development shall be located underground.

(h) Waste Receptacles. All solid waste products that result from any permitted principal, conditional or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container or dumpster shall be located in a side or rear yard on a paved surface in compliance with the minimum parking setbacks established in Schedule 1135.05 as well as the screening requirements set forth in Chapter 1155.

(i) Performance Standards. All uses and developments shall comply with the Performance Standards in Section 1157.10 , General Use Regulations.

(Ord. 2006-35. Passed 5-25-06.)

1135.10 DEVELOPMENT PLAN REVIEW.

All uses in an M and M-1 District shall be permitted only after development plans have been reviewed and approved pursuant to the procedures set forth in Chapter 1111.

(Ord. 2006-35. Passed 5-25-06.)

1137.01 PURPOSE.

The Commercial Districts (B-1, B-2, B-3) and their regulations are established in order to achieve, among other purposes, the goals and objectives in the City’s Master Plan, as well as the following:

(a) To provide in appropriate locations, sufficient areas for business activities and the exchange of goods and services.

(b) To protect residential neighborhoods adjacent to business uses by regulating the types of establishments, particularly at the common boundaries, that would create congestion, noise or other objectionable influences.

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

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

(2) Reduce the impact between zoning districts; and,

(3) Provide interest along the streetscape.

(e) To carry out the following specific purposes:

(1) The B-1 District and its regulations are established to provide a limited range of uses in select locations within the City.

(2) The B-2 District and its regulations are established to develop an area with a traditional city center character, through a mix of civic, retail and office uses that are concentrated enough to encourage pedestrian activity and interaction among the uses.

(3) The B-3 District and its regulations are established to accommodate mixed use, pedestrian-oriented development that fosters a vital streetscape created by commercial buildings with entrances and windows oriented to the public street. This District is intended to be the City’s core area for retail sales.

(Ord. 2006-35. Passed 5-25-06.)

1137.02 USE REGULATIONS.

(a) Uses Permitted by Right. A use listed in Schedule 1137.02 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1137.02 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning and Zoning Commission first makes the determination that the requirements of Chapter 1147 have been met according to the procedures set forth in Chapter 1115.

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1137.02 shall be permitted provided that the requirements of all other City ordinances and this Planning and Zoning Code have been met. Accessory uses are further regulated in subsequent sections of this Planning and Zoning Code.

(d) Use Not Listed in Schedule. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular commercial 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 Planning and Zoning Code applicable to the specific use and parcel in question. 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 Planning and Zoning Code and/or the Zoning Map as provided in Chapter 1119 or upon a finding that a use is substantially similar as provided in Section 1115.10 , Similar Uses.

(e) Schedule 1137.02 Permitted Uses.

B-1

Limited

Commercial

District

B-2

Commercial

Campus/Mixed-

Use District

B-3

High Density

Mixed Use-

Commercial

District

(a) Residential

(1) Multi-family dwelling

(2) Dwelling unit(s) above the first floor of a building

(b) Office and Professional Services

(1) Financial institutions, banks

(2) Hospital

(3) Medical and dental offices

(4) Offices - administrative, business and professional

(1) Assembly hall/membership club/conference center

(2) Bed and breakfast establishment

(3) Commercial recreation, indoor

(4) Commercial recreation, outdoor

(5) Drive-thru-drive-up facility in association with a permitted use

(6) Freestanding automated teller machine or drive- thru

(7) Funeral home

(8) Health club

(9) Hotels/Motels

(10) Restaurant

(11) Retail establishment

(12) Service establishment, business

(13) Service establishment, personal

B-1

Limited

Commercial

District

B-2

Commercial

Campus/Mixed-

Use District

B-3

High Density

Mixed-Use

Commercial District

(14) Studios for instruction

(15) Theater

(16) Veterinary office/animal hospital, with no outdoor facilities

(17) Veterinary office/animal hospital, with outdoor facilities

(d) Automotive/Transportation

(1) Automotive service station

(2) Car wash

(3) Gasoline station/pumps

(4) Motor vehicle sales and rental (B-1) including boats, snowmobiles, scooters, etc.

(5) Structured parking deck

(6) Vehicle repair garages

(e) Community Facilities/Other

(1) Community center buildings

(2) Congregate care facility

(3) Nursing home

(4) Day care center, child and adult

(5) Library, cultural institution

(6) Public safety facility

(7) Public service/maintenance facility

(8) School (public/private) college/university

(9) Utility substation/distribution facility, indoor

(10) Wireless telecommunication facility

See Chapter 1161

(11) Park

	B-1 Limited Commercial District	B-2 Commercial Campus/Mixed- Use District	B-3 High Density Mixed-Use Commercial District
(f) Accessory Uses
(1) Accessory building	A	A	A
(2) Accessory recreational facilities		A	A
(3) Auditorium		A	A
(4) Crematorium	A	A	A
(5) Fences and walls	A	A	A
(6) Garbage and rubbish disposal facilities	A	A	A
(7) Off-street parking and loading facilities	A	A	A
(8) Outdoor display/sales		A	A
(9) Outdoor storage		A	A
(10) Other accessory structures	A	A	A
(11) Restaurant, outdoor dining		A	A
(12) Signs	A	A	A
Notes to schedule 1137.02: (B-1) Auto sales are limited to the sale and service of new automobiles and parts as well as used automobile sales if operated in conjunction with the sale of new automobiles.
P = Permitted by right C= Conditional A= Accessory

(Ord. 2006-35. Passed 5-25-06.)

1137.03 LOT REGULATIONS.

The minimum lot requirements for uses in the Commercial Districts are specified in Schedule 1137.03.

(a) Schedule 1137.03 Minimum Lot Requirements.

	B-1 Limited Commercial District	B-2 Commercial Campus/Mixed- Use District	B-3 High Density Mixed-Use Commercial District
(a) Minimum lot area	½ acre	None	None
(b) Minimum lot width	100 ft.	None	None
(c) Minimum lot frontage	100 ft.	None	None
(d) Maximum lot coverage by buildings	25%	NA	NA
(e) Maximum lot coverage by buildings and pavement	70%	60%	70% (1)
(f) Minimum open space (See § 1137.03(b) below)	NA	20%	NA
Notes to Schedule 1137.03: (1) Shall only apply when Commercial district zoning boundary line abuts a parcel zoned R-1 and/or R-2
NA = Not Applicable

(b) Open Space Requirements. The required open space shall consist of any environmentally sensitive areas, such as stands of mature trees or wetlands. To the greatest extent possible, the required open space shall be large blocks with straightforward boundaries. Long, thin strips of open space shall be avoided, unless necessary to connect other significant areas on the site.

(Ord. 2006-35. Passed 5-25-06.)

1137.04 SETBACK REGULATIONS.

The following regulations are established to regulate the design and development of buildings in a Commercial (B) District. Every permitted use of land and structures shall be located on a lot in a manner that maintains the minimum building setbacks set forth in this Section for the district in which the lot is located, measured from the appropriate lot line. Setbacks shall remain

unobstructed by structures except as otherwise specifically permitted in this Code.

(a) Building Setback. The setback of a principal building from any project boundary or lot line shall be not less than the distance set forth in Schedule 1137.04. The project boundary shall include all lot lines that divide the tract of land from adjacent lots not included in the development.

(b) Parking Setbacks. The setback of off-street parking areas from any project boundary or lot line shall be not less than the distance set forth in Schedule 1137.04.

B-1

Limited

Commercial

District

B-2

Commercial

Campus/Mixed-

Use District

B-3

High Density

Mixed-Use

Commercial District

(a) Minimum setback from rights-of- ways

(1) On Federal and State highways

75 ft.

25 ft.

(2) On all other public streets

45 ft.

25 ft.

(b) Setback from side and rear lot line abutting M, M-1, and nonresidential zoning district

25 ft.

30 ft.

50 ft.

(d) Minimum parking setback

(1) From street right-of-way

20 ft.

30 ft.

(2) From side and rear lot line abutting M, M-1, and nonresidential districts

10 ft.

(3) From side and rear lot line abutting R-1, R-2 zoning district

20 ft.

30 ft.

(Ord. 2006-35. Passed 5-25-06.)

1137.05 HEIGHT REGULATIONS.

Buildings and structures shall comply with the height regulations set forth below, based on the district in which the lot is located:

(a) In B-1, Limited Commercial District, buildings and structures shall not exceed two (2) stories or a height of thirty (30) feet.

(b) In B-2, Commercial Campus/Mixed Use District, buildings and structures two hundred (200) or more feet from a residential district boundary shall not exceed a height of forty (40) feet. Buildings within two hundred (200) feet of a residential district boundary shall not exceed a height of thirty (30) feet.

(c) In B-3, High Density Mixed Use Commercial District, buildings within two hundred (200) feet of a residential district boundary shall not exceed a height of thirty-two (32) feet. Buildings and structures two hundred (200) feet or more from a residential district boundary shall not exceed a height of forty (40) feet. If the buildings are two hundred (200) feet or more from a residential boundary line and the applicant provides one of the following, the maximum building height is fifty-five (55) feet:

(1) Provides only twenty-five percent (25%) of all parking spaces between any building and any right-of-way; or,

(2) Provides a building and parking setback of fifty (50) feet from every public right-of-way that is landscaped with ground cover; one large, shade tree for every twenty-five (25) feet of frontage or fraction thereof; and one evergreen shrub, which is twenty-four inches in height at the time of planting, for every five (5) feet of frontage or fraction thereof.

(d) Accessory buildings or structures, less than two hundred (200) square feet in gross floor area, shall not exceed a height of 18 feet.

(e) Height exceptions are set forth in Section 1157.02 , Supplementary Height Regulations. (Ord. 2006-35. Passed 5-25-06.)

1137.06 OFF-STREET PARKING AND LOADING REGULATIONS.

Off-street parking and loading areas shall be provided for Commercial (B) Districts in accordance with the provisions set forth in Chapter 1153, the parking setback requirements specified in Schedule 1137.04, and the regulations set forth below:

(a) Cross Access to Off-Street Parking Lots. Parking lots shall be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible; to encourage shared parking and shared access points on public street circulation plans shall be prepared for all new mixed-use development and redevelopment which shall comply with the following:

(1) Except where exempt due to 1137.06(a)(8) internal vehicular circulation areas shall be designed to allow for one or more cross access points to adjacent lots as determined by the plan review process or, if applicable, a predetermined master plan for a development area on file with the Planning and Zoning Commission.

(2) A stub for cross accesses shall be constructed, with pavement to the property line from the vehicular use area to the following:

A. All stubs of ROW, access easements. Private drives, or parking lots;

B. All adjacent vacant land or any existing non-conforming uses.

(3) A minimum distance of 40 feet shall be recommended between a cross access way and any private driveway entrance apron.

(4) Cross Access Easements shall allow for two-way drive aisles in accordance with the zoning ordinance Section 1153.10.

(5) The applicant for new commercial development shall provide written notice via the (Public Notice Affidavit) to all property owners immediately adjacent to the proposed project. The written notice shall provide a visual and narrative explanation of any proposed cross access connection point.

(6) The applicant is responsible for constructing, improving and maintaining the easement to the adjacent property line prior to issuance of final site approval by the City Engineer for the new proposed use. A perpetual Cross Access Easement and Maintenance Agreement are required. Said agreement shall be the responsibility of the owner and adjacent applicants, or their legally appointed agents to draft and record prior to the issuance of the Commercial Zoning Certificate. Note: The City shall provide a template Cross Access Easement Agreement form available in the Building Department.

(7) The Cross Access Easement shall be recorded as part of a Deed Restriction and constructed prior to issuance of the first Certificate of Occupancy.

(8) If the Planning Commission upon the recommendation of the City Engineer or Safety Officials deems that a cross access is impractical on the basis of topography, the presence of natural features, other existing conditions, or vehicular safety factors, the requirement for cross access may be waived by the Planning and Zoning Commission provided that appropriate bicycle and pedestrian connections are constructed between adjacent developments or land uses. If an applicant disagrees with the decision of the Planning and Zoning Commission the applicant may appeal the decisions to the Board of Zoning Appeals.

(9) Any modifications or alterations to the access easement or maintenance agreement shall be submitted to the Building Commissioner in a language acceptable to the City's Law Director, City Engineer and the Planning and Zoning Commission to ensure availability of shared parking to users.

(b) Setbacks for Joint Parking Facilities. When cross access between two parking areas is required or provided, the parking setback shall not be required in all other areas that abut the shared property line. When shared parking, which spans the mutual property line, is required or provided, the parking setback is not required to be provided. (Ord. 2014-47. Passed 7-10-14.)

1137.07 LANDSCAPE AND SCREENING REQUIREMENTS.

Visual screening and landscape buffers shall be provided for all lots in Commercial (B) Districts in accordance with the provisions set forth in Chapter 1155.

(Ord. 2006-35. Passed 5-25-06.)

1137.08 OUTDOOR DINING REGULATIONS.

Outdoor dining shall be permitted, as set forth in Schedule 1137.02, provided that:

(a) Prior to issuance of an outdoor dining permit by the Zoning Administrator, the applicant shall furnish, to the Zoning Administrator, a dimensioned plan showing the proposed location of all outdoor dining furniture. Outdoor dining shall not be allowed within ten (10) feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, loading zone, mail boxes, or traffic signal stanchions.

(b) The applicant shall also submit drawings or photos of the type of furniture and enclosure to be utilized, and any other equipment (including fences, planters, light posts, etc.) to be used. The type, style and color of outside tables, chairs and furnishings, for outdoor dining areas must be approved by the Architectural Board of Review, prior to the Zoning Administrator issuing an outdoor dining permit.

(c) Areas devoted to outdoor display and outdoor dining shall comply with all building setbacks regulations for the district in which they are located as set forth in Section 1137.04 , Setback Regulations.

(d) All outdoor dining areas shall be contiguous to the principal building.

(e) The facility is used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property and shall not exceed the existing building or property width.

(f) Tables, chairs and furnishings shall be arranged so as not to interfere with pedestrian movement on sidewalks, ingress into or egress from buildings, or otherwise interfere with the proper and safe movement of people or vehicles in parking areas or on City streets, alleys, rights-of-way or other municipally owned property.

(g) Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device shall not be permitted in any outside dining facility if the noise from such entertainment is of such a volume so as to cause a disturbance to abutting property owners. (Ord. 2006-35. Passed 5-25-06.)

1137.09 OUTDOOR DISPLAY AND STORAGE REGULATIONS.

Outdoor activities permitted in the Commercial (B) Districts, as set forth in Schedule 1137.02, shall be permitted only when accessory to a permitted or conditionally permitted principal use and in compliance with the following regulations.

(a) The outdoor display of merchandise for sale, except motor vehicle sales establishments, shall comply with the following:

(1) Outdoor display of merchandise for sale shall be accessory and limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location except for temporary displays pursuant to Chapter 1157.

(2) The area of the lot devoted to outdoor display shall not exceed fifteen (15) percent of the ground floor area of the building(s) on the lot. The Planning and Zoning Commission may grant an exception to this requirement when the ground floor area is five thousand (5,000) square feet or less.

(3) Outdoor display areas may be located in the front, side, or rear yard. The outdoor display area shall comply with the building setback requirements set forth in Schedule 1137.04 for the district in which the lot is located.

(4) The outdoor display area shall not be located in areas intended for traffic and pedestrian circulation or parking as identified on the development plan.

(5) All outdoor display areas shall be contiguous to the principal building.

(6) Any proposed outdoor display areas shall be approved as part of a Development Plan Review in accordance with Chapter 1111.

(b) The outdoor storage of goods and general materials shall be an accessory use associated with a permitted use and shall comply with the following:

(1) Outdoor storage of materials shall include the storage of goods, materials, or products associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.

(2) All outdoor storage of goods and materials shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level of an abutting residential district line. However, in no case shall the height of the fence or wall be less than six (6) feet, nor more than eight (8) feet. The solid wall or fence and the associated gates shall be maintained in good condition.

(3) All materials shall be stored in such a fashion as to be accessible to firefighting equipment at all times.

(4) Areas devoted to outdoor storage shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the storage is located on a corner lot. The enclosed area shall be setback thirty (30) feet from any property boundary that abuts a single-family residential district and in no case shall the side and rear setback of the enclosed area be less than five (5) feet.

(5) Any proposed outdoor storage areas shall be approved as part of a Development Plan Review in accordance with Chapter 1111.

(Ord. 2006-35. Passed 5-25-06.)

1137.10 ACCESSORY USE REGULATIONS.

Accessory uses permitted in any Commercial (B) District, as set forth in Schedule 1137.02, shall conform to the regulations in this Section as well as any other applicable Sections.

(a) Accessory Buildings. Accessory buildings that have a gross floor area of two hundred (200) square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1137.04. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the applicable Commercial District.

(b) Fences and Walls. Fences and walls may be erected in any Commercial (B) District in compliance with the requirements set forth below.

(1) Location and Condition.

A. Fences may be located in any part of the yard. Fences may be built up to, but not on, the property line, and shall be located entirely on the property of the person constructing it.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within ten (10) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of way;

3. At the intersection of any two driveways.

C. Fences, gates, doors and other obstructions shall not swing across or over a sidewalk or public right-of-way.

D. On a corner lot, all fences must comply with the visual clearance requirements for corner lots set forth in Chapter 1157, General Use Regulations.

E. No fence shall be constructed, without City authorization, within a utility easement. Any fence constructed within a utility easement, or inhibiting access to such easement, may be removed by the City and the cost of such removal may be charged against those parties having an interest in the fence.

F. All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.

B. A living fence whose species has briars, thorns or other foliage which can scratch, injure or harm a person or animal shall be kept trimmed by the owner when such fence is within the required front, side or rear setback.

C. No fence shall be electrified or topped with broken glass, spikes, barbed wire or other sharp edged material.

D. Only ornamental fences shall be permitted in a front and/or corner side yard of a building, unless required for screening pursuant to Chapter 1155, Landscaping & Screening or provided for outdoor dining pursuant to Section 1137.07 . At least 75% of the vertical surface of the fence located in a front or corner side yard shall be open and such openness shall be uniformly distributed across the vertical surface.

E. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

F. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(3) Height. No fence shall exceed seven (7) feet in height in any rear or side yard, or exceed three (3) feet in height when located in front of a building, unless otherwise required by this Planning and Zoning Code.

(4) Screening and Landscaping.

A. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

1. Fences that are located within required building and parking setbacks shall be considered appropriately screened when the landscaping required in Section 1155.05 , Landscaping along the Street Frontage, is planted within five (5) feet of the fence and between the fence and the property line.

2. Fences that are not located within the required setback areas shall be screened with the following landscape materials, planted not more than five (5) feet from the fence and between the fence and the property line:

a. One shade tree shall be provided for every thirty (30) linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet;

b. One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,

c. The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1111.

(c) Waste Receptacles. Solid waste, including empty packing boxes, crates and other materials that result from any permitted principal, conditional or accessory use, shall be disposed of, stored in buildings, or completely enclosed in containers, and shall not be permitted to accumulate on the lot. All trash receptacles, other than those completely enclosed by buildings, shall be located in a side or rear yard on a paved surface and shall comply with the minimum parking setbacks established in Schedule 1137.04 and the Screening Requirements set forth in Chapter 1155.

(d) Signs. Signs shall conform to the regulations in Chapter 1151.

(e) Parking Lot Shopping Cart Corals. If establishments permit shopping carts in parking lots, then shopping cart corals shall be provided. These corals shall be permanently anchored and are subject to review and approval by Architectural Board of Review. (Ord. 2006-35. Passed 5-25-06.)

1137.11 DESIGN STANDARDS.

(a) Purpose. The buildings in the City’s Commercial (B) Districts define Willoughby Hills’s built environment. Enhancing the quality and compatibility of these buildings and thereby protecting the character of these areas is of utmost importance.

The standards set forth below are intended to achieve among others the following purposes:

(1) To strengthen, enhance and improve the existing visual and aesthetic character of the B-1, B-2, and B-3 Districts.

(2) To ensure that new development and/or redevelopment respects the City’s qualities and resources through compatible design.

(3) To protect and enhance property values.

(4) To provide standards for property owners, architects and contractors to aid in the preparation of appropriate plans;

(b) Applicability of Regulations. In addition to the development standards set forth in this Chapter, the design standards set forth in subsection 1137.11 (c) shall apply to the exterior appearance and design of all new construction and exterior building renovations in the B-2 and B-3 Commercial Districts. The Planning and Zoning Commission may exempt applicants from these standards when the exterior building modifications are minor in nature, meaning the design modifications will have no discernable impact on neighboring properties, the public, the public right-of-way, or those intended to occupy or use the proposed development.

(c) Design Standards Applicable to B-2 and B-3 Districts. The minimum design standards for uses in the B-2 and B-3 Districts are set forth below:

(1) Pedestrian activity shall be encouraged and safe pedestrian connections shall be provided between buildings, in a multi-building development, and between principal buildings, their parking lots, and sidewalks

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

(3) Monotony of design in multiple building projects shall be avoided. Variation in detail shall be used to provide visual interest.

(4) Facade openings, including windows, shall be vertical in proportion.

(5) Facades may be supplemented by awnings, which, if provided, shall be straight sheds, not cubed or curved.

(6) A minimum of sixty-five (65) percent of each building frontage shall have transparent, display type windows, meaning windows that allow a view of the interior to be seen. The bottom edge of such window shall not be higher than three 3 feet above grade.

(7) No more than twenty (20) percent of the windows that can be seen from all public or private rights-of-way, excluding alleys, shall be opaque.

(8) Any part of the building that is visible from a public or private right-of-way, parking area, or public circulation area shall have no more than six (6) feet of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays, or an undulation of the building so that a pedestrian scale, rhythm, and visual interest is created. In no case shall a continuous wall length be devoid of windows for more than fifteen (15) feet.

(9) Any part of the building that is visible from a public or private right-of-way, parking area, or public circulation area shall have no more than six (6) feet of contiguous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays, or an undulation of the building so that a pedestrian scale, rhythm, and visual interest is created. In no case shall a continuous wall length be devoid of windows for more than fifteen (15) feet.

(10) At least ninety (90) percent of the exterior finish material on all facades that face or are within 45 degrees of facing a public street, parking area or private circulation area shall be limited to the following: glass, brick, cut stone, cast stone, or wood. Dry vit or E.F.I.S shall not be permitted.

(11) The structural frame of a building shall not be exposed to the exterior of a building.

(12) All rooftop equipment shall be screened from public view with parapets that are architecturally integral to the building, or enclosed in building materials that match the structure. Mechanical roof screens are not acceptable.

(13) Buildings, structures and landscaping is to be designed and located on the site and be of a scale to complement buildings in close proximity and to enhance the character of the surrounding area by having features that are appropriate and compatible with each other as well as with existing, contributing buildings and structures. In making this determination the Planning and Zoning Commission shall consider:

A. Building height, width and general proportions;

B. Architectural features, including patterns of windows and doors, roof pitch, cornice lines, balconies, porches, shutters, dormers, eaves and other decorative detail;

C. General site characteristics which encourage well-landscaped parking areas, safe and comfortable pedestrian ways, and convenient pedestrian movement among adjacent and nearby buildings and parking areas.

D. Building materials.

(d) Design Standard Applicable to the B-3 District. In the B-3 District, the building mass, which is adjacent or parallel to the public street or sidewalk or within 45 degrees of the street or sidewalk, should be divided into vertical bays that may vary in width from twenty (20) to forty (40) feet. These bays should be architecturally defined using pilasters, columns, or recesses with transparent windows between the columns, pilasters or recesses.

(e) Explanation of Terms. For the purpose of and use in this Chapter, certain terms and words shall be interpreted with regard to the following explanations:

(1) Appropriateness. A proposal is judged to be appropriate when it respects the existing architectural style of a building and fits comfortably within its setting, neighborhood and overall community. This condition applies to landscaping and accessory structures as well.

(2) Compatibility. A design or a material selection is compatible when it does not strongly deviate from its parent building, or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of its parent building or buildings in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibility occurs when an architectural design, landscape design or accessory building proposal is aesthetically harsh or overwhelming relative to its neighbors.

(3) Noncontributing. A factor in a proposal or part thereof that is taken from an existing building characteristic or site feature such as design, scale, fenestration, architectural feature, or material that is determined by the Planning Commission to be not appropriate for replication in new projects or modifications to existing projects when:

A. It does not enhance or improve the character of the City and/or the surrounding environs of the project, or

B. It is unrepresentative of the overall character of the City and/or the prevalent character of the surrounding environs of the project.

(4) Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance.

(5) Proximity. Proximity shall be considered in terms of the potential for one property, by virtue of its location, to materially affect other properties. In determining a property to be in proximity to another, the following factors shall be considered:

A. The visibility of both properties from a common point; or

B. The location of both properties within a relatively compact network of streets, walkways or spaces.

(Ord. 2006-35. Passed 5-25-06.)

1137.12 PERFORMANCE STANDARDS.

All uses shall comply with the Performance Standards specified in Section 1157.10, Performance Standards, and the following:

(a) Lighting. The placement, orientation, distribution patterns and fixture types of outdoor lighting shall comply with the regulations set forth in Section 1157.12 , Exterior Lighting Regulations.

(b) Enclosure. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(c) Outdoor Vending Machines. In all commercial districts, there shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

(d) Overhead Utility Lines. All utilities required to serve a development shall be located underground.

(e) Storage of Vehicles. No junk or unlicensed motor vehicles shall be parked or stored on the property. (Ord. 2006-35. Passed 5-25-06.)

1137.13 DEVELOPMENT PLAN REVIEW.

All uses in a Commercial (B-1, B-2, B-3) District shall be permitted only after development plans have been reviewed and approved pursuant to the procedures set forth in Chapter 1111.

(Ord. 2006-35. Passed 5-25-06.)

1139.01 PURPOSE.

The Research and Office (E) District and its regulations are established in order to achieve, among others the following purposes:

(a) To provide appropriate locations for the development of research and office complexes, while maintaining the residential character of the City;

(b) To create an environment conducive to well-designed office building and sites that accommodates the needs of office users;

(c) To provide the most desirable land use and traffic patterns in accordance with the objectives of the City’s Master Plan; and,

(d) To protect residential neighborhoods adjacent to research and offices uses by regulating the sites, particularly at the common boundaries, that would create congestion, noise, or other objectionable influences.

(Ord. 2006-35. Passed 5-25-06.)

1139.02 USE REGULATIONS.

(a) Uses Permitted by Right. A use listed in Schedule 1139.02 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1139.02 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning and Zoning Commission first makes the determination that the requirements of Chapter 1147 have been met according to the procedures set forth in Chapter 1115.

(c) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1139.02 shall be permitted provided that the requirements of all other City ordinances and this Planning and Zoning Code have been met. Accessory uses are further regulated in subsequent sections of this Planning and Zoning Code.

(d) Use Not Listed in Schedule. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular 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. 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 1119 or upon a finding that a use is substantially similar as provided in Section 1115 .

(e) Schedule 1139.02 Permitted Uses.

	E Research and Office District
(a) Offices/Professional Services
(1) Financial institutions, banks	P
(2) Medical and dental offices	P
(3) Offices - administrative, business and professional	P
(4) Scientific research, development, training and testing facility	P
(5) Service establishment, business	P (E-1)
(6) Service establishment, personal	P (E-1)
(b) Other Uses
(1) Drive-thru-/drive-up facility in association with a permitted use	C
(2) Freestanding automated teller machine or drive-thru	C
(3) Wireless telecommunication facility	See Chapter 1161
(c) Accessory Uses
(1) Accessory building	A
(2) Auditorium (E-1)	A

	E Research and Office District
(c) Accessory Uses (Cont.)
(3) Fences and walls	A
(4) Garbage and rubbish disposal facilities	A
(5) Off-street parking and loading facilities	A
(6) Other accessory structures	A
(7) Signs	A
(8) Lunchrooms/cafeterias, restaurants, and recreational facilities in association with a permitted principal use (E-1)	A
(9) Day care center, child and adult	A
(10) Library	A
(11) Utility substation/distribution facility, indoor	A
Notes to Schedule 1139.02: (E-1) These uses shall be permitted by-right when part of a multi-establishment building, and it is not the principal use of a building. If the use is proposed to be the principal use in any building (i.e. occupying the majority of gross floor area), then the use is a conditional use.
P = Permitted by right C= Conditional A = Accessory

(Ord. 2006-35. Passed 5-25-06.)

1139.03 LOT REGULATIONS.

All lots created in a Research and Office (E) District shall comply with the requirements set forth in Schedule 1139.03.

Schedule 1139.03 Lot Requirements

Research and Office

District

(a) Minimum lot area

5 acres

(b) Minimum lot width

250 ft.

100 ft.

(d) Minimum lot depth

250 ft.

(e) Maximum lot coverage

(1) By building

25%

(2) Buildings and paving

60%

(Ord. 2006-35. Passed 5-25-06.)

1139.04 SETBACK AND SPACING REGULATIONS.

The following regulations are established to regulate the design and development of buildings in a Research and Office (E) District. Every building in the Research and Office District shall be located on a lot in compliance with the setback and spacing requirements set forth in Schedule 1139.04.

(a) Building Setback. The setback of a principal building from any project boundary or lot line shall be not less than the distance set forth in Schedule 1139.04. The project boundary shall include all lot lines that divide the tract of land from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Schedule 1139.03.

(b) Parking Setback. The setback of off-street parking areas from any project boundary or lot line shall be not less than the distance set forth in Schedule 1139.04.

(c) Building Spacing. The minimum distance between buildings shall not be less than the distance set forth in Schedule 1139.04

(d) Schedule 1139.04 Site Development Standards.

	E Research and Office District
(a) Minimum setback from right-of-way	100 ft.
(b) Minimum side and rear setback
(1) Adjacent to other non-residential district	30 ft.
(2) Adjacent to residential district (1)	50 ft.
(c) Minimum separation between buildings	25 ft.
(d) Minimum parking setback from:
(1) Street right-of-way	25 ft.
(2) Adjacent residential district	30 ft.
(3) Adjacent non-residential district	15 ft.
Notes to Schedule 1139.04: (1) Buildings shall not have operable doors or windows, other than required fire exits, within 75 feet of any Residential District.

(Ord. 2006-35. Passed 5-25-06.)

1139.05 HEIGHT REGULATIONS.

Buildings and structures shall comply with the height regulations set forth below:

(a) Buildings and structures shall not exceed a height of forty (40) feet, with the exception of accessory buildings less than 200 square feet. See Section 1139.05 (b) below.

(b) Accessory buildings or structures, less than two hundred (200) square feet in gross floor area, shall not exceed a height of 18 feet.

(Ord. 2006-35. Passed 5-25-06.)

1139.06 OFF-STREET PARKING AND LOADING REGULATIONS.

Off-street parking and loading areas shall comply with the provisions set forth in Chapter 1153 and with the parking setback requirements specified in Section 1139.04 .

(Ord. 2006-35. Passed 5-25-06.)

1139.07 LANDSCAPE AND SCREENING REQUIREMENTS.

Visual screening and landscape buffers shall be provided for all lots in the Research and Office District in accordance with the provisions set forth in Chapter 1155.

(Ord. 2006-35. Passed 5-25-06.)

1139.08 ACCESSORY USE REGULATIONS.

Accessory uses permitted in the Research and Office (E) District according to Schedule 1139.02 shall conform to the regulations of this Section.

(a) Accessory Building. All accessory buildings shall be located in a side or rear yard. Accessory buildings that have a gross floor area of 200 square feet or less shall comply with the parking setbacks set forth in Schedule 1139.04. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements for the Research and Office (E) District.

(b) Fences and Walls. Fences and walls may be erected in any Research and Office District in compliance with the following general standards.

(1) Location and Condition.

A. Fences may be located in any part of the yard. Fences may be built up to, but not on, the property line, and shall be located entirely on the property of the person constructing it.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within ten (10) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of-way; or

3. At the intersection of any two driveways

C. Fences, gates, doors and other obstructions shall not swing across or over a public sidewalk or public right-of-way.

D. On a corner lot, all fences must comply with the visual clearance requirements for corner lots set forth in Section 1157.11, Visibility at Intersections.

F. All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron or synthetic look-alike products. Chain link fences may be permitted provided that they are constructed of a dark, neutral colored, non-reflective material, as approved by the Planning and Zoning Commission.

C. Only ornamental fences shall be permitted in front and or corner side yard of a building, unless required for screening pursuant to Chapter 1155 for Landscaping and Screening Regulations.

D. All fences shall be designed, constructed and finished so that the supporting members face the property of the owner of the fence.

E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(3) Height. No fence shall exceed seven (7) feet in height in any rear or side yard, or exceed forty-two (42) inches in height when located in a front and or corner side yard, unless otherwise permitted or required in this Code.

(4) Screening and Landscaping.

A. Screening is not required for ornamental fences.

B. All fences, other than ornamental fences, if visible from the public street, shall be visually softened and reasonably screened from the public street with appropriate landscaping as follows:

1. Fences that are located within required building and parking setbacks shall be considered appropriately screened when the landscaping required in Chapter 1155, Landscaping and Screening Regulations is planted within five (5) feet of the fence and between the fence and the property line.

2. Fences that are not located within required setback areas shall be screened with the following landscape materials, planted not more than five (5) feet from the fence and between the fence and the property line:

b. One shrub, which is twenty-four (24) inches in height at planting, shall be provided for every five (5) linear feet fence length or fraction thereof, not including gates or other fence openings.

c. The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) Any proposed fence shall be approved as part of Development Plan Review in accordance with Chapter 1111.

(c) Signs. Signs shall conform to the regulations specified in Chapter 1151, Sign Regulations. (Ord. 2006-35. Passed 5-25-06.)

1139.09 PERFORMANCE STANDARDS.

All uses in a Research and Office (E) District shall comply with the Performance Standards specified in Chapter 1157.10 as well as the regulations set forth below:

(a) Operation of Permitted Use. Overnight parking of vehicles, other than passenger automobiles, outside of an enclosed structure, shall be prohibited. All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings, unless specifically permitted otherwise.

(b) Outdoor Vending Machines. In all commercial districts, there shall be no outdoor vending machines, such as machines that dispense bottled beverages or packaged food.

(d) Waste Receptacles. Solid waste, including empty packing boxes, crates and other materials that result from any permitted principal, conditional or accessory use, shall be disposed of, stored in buildings, or completely enclosed in containers, and shall not be permitted to accumulate on the lot. All trash receptacles, other than those completely enclosed by buildings, shall be located in a side or rear yard on a paved surface and shall comply with the minimum parking setbacks established in Schedule 1139.04 and the Screening Requirements set forth in Chapter 1155.

(Ord. 2006-35. Passed 5-25-06.)

1139.10 PLANNING CRITERIA.

In addition to the development standards in this Chapter, all uses shall comply with the following:

(a) All buildings and accessory uses shall be located so as to take advantage of the topography, natural features and superior views within the neighboring area. They shall be designed and arranged so that the distance between buildings and the various parts thereof and between buildings and boundaries of adjoining areas will enhance the privacy, use and enjoyment of the parcel and the surrounding neighborhood.

(b) Trees shall be preserved wherever possible. With the development plan, the owner shall file a map or plat showing all existing trees on the parcel and those, which are to be preserved.

(c) Paved walkways shall be provided and maintained connecting each outdoor entryway to the parking area serving that building, to the public street, and to other buildings on-site. Where garages are constructed, the walls and roof shall be a part of the approved design of the buildings.

(d) Development plans should be designed to protect and preserve the residential character of any surrounding Single-family Residential District.

(Ord. 2006-35. Passed 5-25-06.)

1139.11 DEVELOPMENT PLAN REVIEW.

All uses in a Research and Office (E) District shall be permitted only after development plans have been reviewed and approved pursuant to the procedures set forth in Chapter 1111.

(Ord. 2006-35. Passed 5-25-06.)

1141.01 PURPOSE.

The Industrial District (I-1) and its regulations are established in order to achieve, among others, the following purposes:

(a) To provide a convenient and sufficient zoning district for industrial activities and for the production, distribution, and exchange of goods and services in order to serve and promote the economic development of the community.

(b) To protect residential neighborhoods adjacent to industrial uses by restricting the types of uses, particularly at the common boundaries, which would create congestion, noise or other objectionable influences beyond the district boundaries and by separating and insulating residential districts from the most intense industrial activities.

(c) To establish performance standards, parking specifications and setback regulations to ensure that industrial development is compatible with adjacent uses.

(d) To provide a Light Industrial District (I-1) which shall accommodate wholesale, warehouse, assembly, processing and other limited industrial uses, including storage and related activities, that operate with a minimum of noise, glare, odor, dust, vibration, air and water pollution, fire and safety hazard or any potentially nuisance characteristic. The I-1 District is designed to accommodate light industrial uses and activities, the operational and physical characteristics of which do not detrimentally affect surrounding zoning districts.

(Ord. 2006-35. Passed 5-25-06.)

1141.02 USE REGULATIONS.

(a) Uses Permitted by Right. A use listed in Schedule 1141.02 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other City Ordinances and this Planning and Zoning Code have been met.

(b) Conditional Uses. A use listed in Schedule 1141.02 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning and Zoning Commission first makes the determination that the requirements of Chapter 1147 have been met according to the procedures set forth in Chapter 1115.

(c) Accessory Uses. A use listed in Schedule 1141.02 shall be permitted as an accessory use in a district when denoted by the letter "A". Such use shall be permitted as a subordinate building or use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses are further regulated in subsequent sections of this Planning and Zoning Code.

(d) Use Not Listed in Schedule. 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 1119, or upon a finding by the Planning and Zoning Commission that a use is substantially similar as provided in Chapter 1115.

(Ord. 2006-35. Passed 5-25-06.)

(e) Schedule 1141.02 Permitted Uses:

I-1

Light

Industrial

District

(a) Offices and Services

(1) Office - administrative, business and professional

(2) School, commercial, business, or trade

(3) Service establishment, business

P (I-1)

(4) Veterinary office, animal hospital with no outdoor facilities

(5) Kennel, animal hospital/veterinary office with outdoor facilities

(b) Sales and Supplies

(1) Commercial plant nursery/green house

(2) Sales, service, repair and/or storage of farm, implement, construction equipment, recreation vehicles, or other large equipment

(3) Wholesale sales and distribution, indoor

	I-1 Light Industrial District
(c) Storage and Distribution
(1) Outdoor storage (general) of materials	A
(2) Outdoor storage of equipment for sale or rental	A
(3) Outdoor storage of fleet vehicles for operation of principal use	A
(4) Self storage facility, indoor	P
(5) Transport and truck terminal	P
(6) Warehouse or indoor storage facility	P
(d) Automotive/Transportation
(1) Automotive service station	P
(2) Motor vehicle body shop	C
(3) Vehicle repair garage	C
(e) Manufacturing, Processing, Research and Assembly
(1) Assembly and production facility utilizing products from previously and elsewhere manufactured materials	P
(2) Carpentry, cabinet, and machine shop	P
(3) Food and drink preparation, processing, production and storage	P
(4) Scientific research, development, training and testing facility	P
(f) Community Facilities/Other
(1) Day care center, child and/or adult	P (I-1)
(2) Public safety facility	P
(3) Public service/maintenance facility	C
(4) Utility substation/distribution facility, indoor and outdoor	P
(5) Wireless telecommunication facility	See Chapter 1161

	I-1 Light Industrial District
(g) Accessory
(1) Accessory building	A
(2) Fences and walls	A
(3) Garbage and rubbish disposal facilities	A
(4) Lunchroom/cafeterias, restaurants, and recreational facilities in association with a permitted principal use (I-1)	A
(5) Off-street parking and loading facilities	A
(6) Other accessory structures	A
(7) Signs	A
(h) Adult Oriented Business (as amended by Federal Courts) See Chapter 1163, Adult Regulations	C
Notes to Schedule 1141.02: (I-1) These uses shall be permitted by--right when part of a multi- establishment building, and it is not the principal use a building. If the use is proposed to be the principal use in any building (i.e. occupying the majority of gross floor area), then the use is a conditional use.
P= Permitted by right C= Conditional A = Accessory

(Ord. 2006-35. Passed 5-25-06.)

1141.03 LOT REGULATIONS.

All lots created in Industrial Districts shall comply with the minimum requirements set forth in Schedule 1141.03.

(a) Schedule 1141.03 Minimum Lot Requirements.

I-1

Light

Industrial

(a) Minimum lot area

1 acre

(b) Minimum lot width

150 ft.

75 ft.

(d) Maximum lot coverage by buildings

40%

(e) Maximum lot coverage by buildings and pavement

70%

(Ord. 2006-35. Passed 5-25-06.)

1141.04 SETBACK REGULATIONS.

The following regulations are established to regulate the design and development of buildings in an Industrial (I-1) District. Every building in the I-1, Industrial District shall be located on a lot in compliance with the setback and spacing requirements set forth in Schedule 1141.04.

(a) Building Setback. The setback of a building from any project boundary or lot line shall be not less than the distance set forth in Schedule 1141.04. The project boundary shall include all lot lines that divide the tract of land from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Schedule 1141.03.

(b) Parking Setback. The setback of off-street parking areas from any project boundary or lot line shall be not less than the distance set forth in Schedule 1141.04.

	I-1 Light Industrial
(a) Minimum building setback from:
(1) Existing rights-of-way, excluding Curtis Wright Parkway	100 ft.
(2) New, internal industrial park streets and Curtis Wright Parkway	40 ft.
(b) Minimum side and rear building setback
(1) Adjacent to residential district (1)	80 ft.
(2) Adjacent to a non-residential district	30 ft.
(c) Minimum parking setback from:
(1) Adjacent residential district	40 ft.
(2) Adjacent non-residential district	15 ft.
(3) Existing rights-of-way, excluding Curtis Wright Parkway	60 ft.
(4) New, internal industrial park street and Curtis Wright Parkway	20 ft.
Notes to Schedule 1141.04: (1) Buildings shall not have operable doors or windows, other than required fire exits, within 125 feet of any Residential District.

(Ord. 2006-35. Passed 5-25-06.)

1141.05 HEIGHT REGULATIONS.

Buildings and structures shall comply with the height regulations set forth below:

(a) Buildings and structures shall not exceed a height of thirty-five (35) feet, with the exception of accessory buildings less than 200 square feet. See Section 1141.05 (b) below.

(b) Accessory buildings or structures, less than 200 square feet in gross floor area, shall not exceed a height of 18 feet.

(Ord. 2006-35. Passed 5-25-06.)

1141.06 OFF-STREET PARKING AND LOADING REGULATIONS.

Off-street parking and loading areas shall be provided for Industrial developments in accordance with the provisions set forth in Chapter 1153 and to the parking setback requirements specified in Section 1141.04. (Ord. 2006-35. Passed 5-25-06.)

1141.07 LANDSCAPE AND SCREENING REQUIREMENTS.

Visual screening and landscape buffers shall be provided for all lots in Industrial Districts in accordance with the provisions set forth in Chapter 1155, Landscaping and Screening Regulations. (Ord. 2006-35. Passed 5-25-06.)

1141.08 OUTDOOR STORAGE REGULATIONS.

Outdoor activities permitted in the I-1 District pursuant to Schedule 1141.02 shall be permitted only when accessory to a permitted or conditionally permitted principal use and in compliance with the following regulations.

(a) Type of Storage.

(1) General Storage of Materials. This type of outdoor storage shall include the storage of goods, materials or products associated with the principal use.

(2) Storage of Fleet Vehicles. This type of outdoor storage shall include the storage of trucks, vans or other vehicles that are used, as part of the operation of a principal use, but not including privately owned customer or employee vehicles.

(3) Storage of Equipment for Sale or Rental. This type of outdoor storage shall include the storage of equipment, motorized and non-motorized, for sale and/or rental, such as tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment, but not including fleet vehicles or vehicles associated with automotive sales and rental.

(b) Location. Areas devoted to outdoor storage of any type shall be:

(1) Accessible to fire fighting equipment at all times; and

(2) Depicted on the development plan and shall not occupy or interfere with traffic circulation, required parking areas, required open space, public sidewalks or pedestrian access.

(c) Surfacing. Areas devoted to outdoor activities shall be paved with asphalt or concrete and maintained to be free of dust.

(d) Hazardous Materials. No storage of radioactive, toxic or otherwise hazardous materials shall be permitted in the I-1, Industrial District.

(e) Screening.

(1) All outdoor storage of materials, goods, equipment and overnight storage of vehicles shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all operations and materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street. However, in no case shall the height of the fence or wall be less than six (6) feet, nor more than eight (8) feet. The solid wall or fence and associated gates shall be maintained in good condition.

(2) All outdoor storage areas shall be effectively screened from adjacent residential districts, public parking areas and public streets according to the screening requirements set forth in Chapter 1155. The Planning and Zoning Commission may increase the minimum height of required screening when it is determined that additional height is needed to effectively conceal all materials from view of any observer standing at the grade level at an abutting residential district line or a public street.

(f) Signs. No signs shall be permitted in conjunction with outdoor activities except those otherwise in compliance with the sign regulations contained in Chapter 1151, Sign Regulations.

(g) Specific Outdoor Storage Regulations.

(1) General Outdoor Storage of Materials.

A. Areas devoted to general outdoor storage of materials shall be located in a rear yard only, behind the principal building and in compliance with all building setbacks as set forth in Section 1141.04 .

B. The area of the lot devoted to general outdoor storage of materials shall not exceed twenty percent (20%) of the ground floor area of the principal building.

(2) Special Regulations for Landscape Materials. Outdoor storage areas shall not occupy an area greater in size than thirty percent (30%) of the floor area of the principal building and may be located in the side or rear of the principal building, provided:

A. The area is landscaped or covered with porous materials; and

B. The area is devoted to the storage of living landscape materials such as trees, shrubs and flowers.

C. The area is in compliance with all parking setbacks set forth in Section 1141.04 .

(3) Outdoor Storage of Fleet Vehicles. This type of outdoor storage shall include the storage of trucks, vans or other vehicles that are used, as part of the operation of a principal use, but not including privately owned customer or employee vehicles.

A. The accessory outdoor storage of fleet vehicles shall be located in a side or rear yard only, in compliance with the parking setbacks set forth in Section 1141.04 .

B. The area of the lot devoted to accessory outdoor storage of fleet vehicles shall not exceed twenty percent (20%) of the ground floor area of the principal building.

(4) Outdoor Storage of Equipment for Sale or Rental. This type of outdoor storage shall include the storage of equipment, motorized and nonmotorized, for sale and/or rental, such as tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment, but not including vehicles associated with automotive sales and rental.

A. The accessory outdoor storage of equipment for sale or rental shall be located in a side or rear yard, in compliance with the parking setbacks set forth in Section 1141.04 .

B. The area of the lot devoted to accessory outdoor storage of equipment for sale or rental shall not exceed twenty percent (20%) of the ground floor area of the principal building.

(h) Outdoor Display: Outdoor display, when permitted as an accessory use pursuant to Schedule 1141.02, shall comply with the following:

(1) Outdoor display of retail items shall not exceed an area equal to twenty-five percent (25%) of the ground floor area of the principal building.

(2) Outdoor display areas may be located in the front, side, or rear yard. They shall comply with the setback regulations set forth in Section 1141.04 and be contiguous to the principal building; however, such areas shall be spaced a sufficient distance from the building, as dictated by the City Fire Chief, to satisfy all fire safety requirements.

(3) Outdoor display areas shall be depicted on the development plan and shall not occupy or interfere with traffic circulation, required parking areas, sidewalks or pedestrian access.

(Ord. 2006-35. Passed 5-25-06.)

1141.09 ACCESSORY USE REGULATIONS.

Accessory uses permitted in an Industrial (I-1) District according to Schedule 1141.02 shall conform to the regulations of this Section.

(a) Accessory Buildings. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1141.04. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the I-1 Industrial District.

(b) Fences and Walls. Fences and walls may be erected in any Industrial District in compliance with the following standards.

(1) Location and Condition.

A. Fences may be located in any part of the yard. Fences may be built up to, but not on, the property line, and shall be located entirely on the subject property.

B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within ten (10) feet, in any direction, of the following points:

1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);

2. At the intersection of a driveway and public right-of-way; or

3. At the intersection of any two driveways.

C. Fences, gates, doors and other obstructions shall not swing across or over a sidewalk or public right-of-way.

D. On a corner lot, all fences must comply with the visual clearance requirements for corner lots set forth in Section 1157.11 , Visibility at Intersections.

F. All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.

(2) Materials and Construction.

A. Approved fencing materials include stone, brick, finished wood, iron or synthetic look-alike products. Chain link fences shall be permitted provided that they are constructed of a dark, neutral colored, non-reflective material, as approved by the Planning and Zoning Commission.

C. No fence shall be electrified or topped barbed wire or other sharp edged materials.

D. Only ornamental fences shall be permitted in front and/or corner side yard of a building, unless required for screening pursuant to Chapter 1155, Landscaping and Screening Regulations. At least 75% of the vertical surface of the fence located in a front or corner side yard shall be open and such openness shall be uniformly distributed across the vertical surface.

E. All fences shall be designed, constructed and finished so that the supporting members face the property of the owner of the fence.

F. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

(3) Height. No fence shall exceed seven (7) feet in height in any rear or side yard, or exceed forty-two inches in height when located in a front and or corner side yard, unless otherwise permitted or required in this Code.

(4) Screening and Landscaping.

A. All fences, other than ornamental fences, when visible from a street, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

1. Fences that are located within required building and parking setbacks shall be considered appropriately screened when the landscaping required in Chapter 1155 is planted within five (5) feet of the fence and between the fence and the property line.

b. One shrub, which is twenty-four (24) inches in height at the time of planting, shall be provided for every five (5) linear feet of fence length or fraction thereof, not including gates or other fence openings.

B. The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(5) Any proposed fence shall be approved as part of Development Plan Review in accordance with Chapter 1111.

(c) Waste Receptacles. Solid waste, including empty packing boxes, crates and other materials that result from any permitted principal, conditional or accessory use, shall be disposed of, stored in buildings, or completely enclosed in containers, and shall not be permitted to accumulate on the lot. All trash receptacles, other than those completely enclosed by buildings, shall be located in a side or rear yard on a paved surface and shall comply with the minimum parking setbacks established in Schedule 1141.04 and the Screening Requirements set forth in Chapter 1155.

(d) Signs. Signs shall conform to the regulations specified in Chapter 1151, Sign Regulations. (Ord. 2006-35. Passed 5-25-06.)

1141.10 PERFORMANCE STANDARDS.

All uses in the I-1, Industrial District shall comply with the following performance standards.

(a) Compliance with State and Federal Regulations. All uses shall comply with all applicable state and federal Environmental Protection Agency, OSHA and all other state and federal regulations that pertain to the operation of industrial uses.

(b) Storage Handling. All storage areas shall comply with the regulations set forth in Bulletin No. 30-L of the National Fire Protective Association and other fire protective codes of the City of Willoughby Hills. All parts shall be accessible to firefighting equipment.

(c) Liquid Waste. Liquid wastes shall be disposed of in appropriate containers and removed from the site on a regular basis. Liquid waste or sewerage shall not be discharged into a reservoir, stream or other open body of water or into a storm or sanitary sewer until treated so that the insoluble substances, such as oils grease, acids, alkalines and other chemicals in the waste do not exceed the amount allowed by other codes of the City of Willoughby Hills.

(d) Fire Hazards. All activities that involve the use of flammable or explosive material shall comply with the following:

(1) Any activity involving the use of flammable or explosive material shall be protected by adequate fire-fighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.

(2) Such activities shall only be permitted in structures having incombustible exterior walls.

(3) The applicable provisions of the Ohio Revised Code shall be complied with, and no explosives shall be stored, used or manufactured without first submitting to the Building Inspector a certificate of compliance from the State Fire Marshal or the City Fire Chief.

(4) No gasoline or other inflammable or explosive material shall be stored unless the location, plans and construction of the storage facility conform to the laws and regulations of the State and have the approval of the State Fire Marshal.

(e) Electrical Disturbances.

(1) No activity shall emit dangerous radioactivity at any point or electrical discharges affecting the operation, at any point, of any equipment other than that of the creator of such disturbances.

(2) Such disturbances shall be confined to the use and lot from which they originate and shall not occur across any lot line.

Noise. All uses shall comply with the following noise standards.

(3) Measurement.

A. A sound-level meter shall be used to measure sound pressure level.

B. Noise levels shall be measured at the lot line for all lots in an I-1 District.

(4) No use shall emit noise which exceeds the decibel limits set forth below:

Octave Band Frequency (Cycles per second)	Decibels
0 to 74	76
75 to 149	71
150 to 299	63
300 to 599	59
600 to 1199	50
1200 to 2399	45
2400 to 4799	38
4800 and over	36

(f) Air Pollution.

(1) The emission of smoke, soot, fly ash, fumes and dust shall be controlled by precipitation devices, height of stack, rate of emission or other manner so that the quantity deposited at any District boundary shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values.

(2) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas or yards shall be kept to a minimum by appropriate landscaping, paving, oiling and other acceptable treatment.

(g) Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard outside the building is prohibited in an Industrial (I-1) District.

(h) Vibration. In the I-1 District, vibrations that are perceptible without the aid of instruments shall not permitted beyond the lot occupied by the use generating such vibration.

(i) Noxious, toxic or corrosive fumes. Noxious, toxic or corrosive fumes or gasses shall not be emitted which shall be injurious to the property, vegetation or health of people residing or doing business in any adjacent District.

(j) Heat and Glare. In an I-1 District, no use shall generate heat or glare which is perceptible without the aid of instruments at any point beyond the lot occupied by the use.

(k) Erosion. No erosion, by either wind or water, which will carry objectionable substances onto neighboring properties, shall be permitted.

(l) Water Pollution. Pollution of water is subject to the requirements and regulations established by the Ohio Water Commission and the Ohio Environmental Protection Agency.

(m) Utility Lines. All utilities required to serve a development shall be located underground.

(n) Enforcement. Where determinations can be made by the Zoning Administrator or other authorized City employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Planning and Zoning Commission may, in the case of the offenses under this Section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty.

(Ord. 2006-35. Passed 5-25-06.)

1141.11 DEVELOPMENT PLAN REVIEW.

All uses in Industrial Districts shall be permitted only after development plans have been reviewed and approved pursuant to the procedures set forth in Chapter 1111, Development Plan Review Procedures.

(Ord. 2006-35. Passed 5-25-06.)

1143.01 PURPOSE.

It shall be the policy of Willoughby Hills, Lake County, Ohio, to simultaneously promote the progressive development of land and construction thereon, as well as the preservation of open space through Conservation Development Regulations.

(a) Conservation Development is a permitted development option in the (R-1) Traditional Single-Family Residential District and in the (R-2) Attached Single- Family/Townhouse District in accordance with the standards and regulations set forth in this Chapter. These regulations are intended to encourage the use of Conservation Development techniques in order to accomplish the general purpose of this Planning and Zoning Code as stated in Chapter 1101, and to achieve the following objectives:

(1) To allow creativity, variety, and flexibility in design as necessary to implement the goals and objectives set forth in this Chapter.

(2) To promote economical and efficient use of land and public services through unified development, especially in areas with limited road access or irregular shape or which are traversed by significant easements or rights-of-way.

(3) To preserve, to the greatest extent possible, the existing landscape features and amenities, and to utilize such features in a harmonious fashion.

(4) To permit the flexible spacing of lots and buildings in order to encourage the preservation of the natural features of the site and the provision of readily accessibly recreation areas and green spaces.

(5) To ensure that the proposed Conservation Development occurs in a unified manner in accordance with a development plan prepared by the property owner.

(6) To ensure the development will not degrade or endanger the quality of life presently enjoyed by the existing residents.

(b) It is not the intention of this Chapter to permit the application of these regulations to merely create a development that only appears to be a small lot subdivision and does not otherwise achieve the objectives of this Chapter. If the above objectives are not achieved, the Planning and Zoning Commission will not approve the Conservation Development proposal, in which case the standard zoning and subdivision regulations shall prevail.

(Ord. 2006-35. Passed 5-25-06.)

1143.02 CONFORMITY TO STANDARDS.

Because of the special characteristics related to Conservation Development, specific provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters of this Planning and Zoning Code, the provisions set forth in this Chapter shall prevail. Any existing provisions that are not covered by this Chapter shall be governed by the respective provisions found elsewhere in this Planning and Zoning Code.

(Ord. 2006-35. Passed 5-25-06.)

1143.03 MINIMUM PROJECT AREA.

The gross area of a tract of land proposed for development under Conservation Development regulations shall be a minimum of ten (10) acres. The area proposed shall be in one ownership; if in several ownerships, all owners of the properties included in the Conservation Development shall sign and file the application jointly.

(Ord. 2006-35. Passed 5-25-06.)

1143.04 DWELLING TYPES AND PERMITTED LAND USES.

The dwelling types that are permitted as of right within a Conservation Development are listed in Schedule 1143.04.

Schedule 1143.04

Permitted Dwelling Types

	R-1/R-2
(a) Single-family detached dwelling	P
(b) Cluster single-family detached dwelling	P
(c) Accessory uses; such as community buildings and recreational facilities	P
P = Permitted by right

(Ord. 2006-35. Passed 5-25-06.)

1143.05 DENSITY.

A Conservation Development shall not exceed the densities as set forth in Schedule

(a) Density. Density is calculated based on the gross area of the parcel rounded up to the next highest dwelling unit. No minimum lot size is required for each dwelling, however the project must satisfy the density requirements in this Section and the setback/spacing requirements set forth in Section 1143.07 , Development Standards.

(b) Maximum Number of Units on Any One Acre. The number of units permitted on any one acre of the site shall not exceed the four units as set forth in Schedule 1143.05. An imaginary square, approximately 209 feet by 209 feet, shall be used to determine the maximum number of units on any one-acre of the site.

Schedule 1143.05

Conservation Development Density Regulations

	R-1/R-2
(a) Maximum dwelling units per acre	.85
(b) Maximum net density on any one acre	4

(Ord. 2006-35. Passed 5-25-06.)

1143.06 COMMON OPEN SPACE REQUIREMENTS.

A portion of the area in a Conservation Development shall be devoted to common open space.

(a) General Standards. The common open space shall comply with the following regulations:

(1) The minimum common open space required shall be thirty-five percent (35%) of the entire project area in R-1 and the R-2 District.

(2) Open space shall be aggregated areas but shall not include the following:

A. Public rights-of-way and parking areas;

B. Land fragments between two or more buildings, land fragments between buildings and parking areas, and any other land within fifteen (15) feet of all buildings and structures; and

C. Required yards or setbacks between project boundaries and buildings or parking areas, unless the required setback is contiguous to and part of a larger area of open space.

(3) To the extent possible, open space areas shall be interconnected within the development and to adjacent parcels, and shall be easily accessible to residents of the Conservation Development. If the open space contains pedestrian trails that are open to the public then such trails may be deemed a substitute for the street sidewalks, if approved by the Planning and Zoning Commission.

(4) Open space shall be designed and located to preserve significant natural features and historical elements to the maximum extent possible. The following priorities should be considered when determining the land for open space designation:

A. Wetlands, floodplains, lakes and ponds, and other water resources. The development plan should avoid alteration of or construction within natural drainage ways, and shall utilize low impact storm water management techniques such as grassy swales to the extent possible.

1. Wetlands Protection. Wetlands that are required by the Army Corps of Engineers or the Ohio EPA to be retained shall be protected by the following:

a. A buffer area having a width not less than twenty (20) feet measured from the edge of the designated wetland. The area within this buffer shall not be disturbed and shall be retained in its natural state.

b. A minimum building and pavement setback of thirty-five (35) feet, measured from the edge of the designated wetland.

2. Conservation of Riparian Zones. All riparian zones shall comply with the regulations governing riparian zones.

B. Woodlands, orchards, prime farmlands, meadows, and other vegetation. The design and layout of the development shall conserve and incorporate these areas to the maximum extent possible, especially those containing significant wildlife habitats.

C. Scenic visual areas with respect to tree lines, unique vegetation, wildlife habitat, and other natural features. To the maximum extent possible, structures shall be located to ensure that scenic views and vistas are unblocked or uninterrupted, particularly as seen from existing and proposed public thoroughfares.

D. Historic structures or buildings. Buildings or structures with significant historic meaning or traditional meaning that pertains to the areas history, such as barns, mills, etc. shall be preserved to the maximum extent possible.

(5) When approved by the City, a portion of the common open space may be used as retention basins, provided they are designed, arranged and landscaped in a manner consistent with the requirements for open space areas.

(6) The common open space established as part of a Conservation Development shall be either:

A. Retained by the owners of the Conservation Development area;

B. Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as common open space; or

C. Offered to the City for public open space. The City shall have the right to not accept any land area offered to the City. In the event of such refusal, the conditions of either A. or B. above, shall apply. Any land area that is accepted by the City for dedication as public open space shall also continue to be counted toward the requirement for common open space.

(7) The legal documents relating to the ownership, management, public easements if any, and maintenance of such common open space shall be reviewed and approved by the City's Law Director. The Law Director shall indicate such approval prior to the final development plan being approved by the Planning and Zoning Commission.

(b) Recreation Allowances. With the exception of extremely environmentally sensitive areas, passive recreation shall be permitted in common open space for the enjoyment of the residents of the proposed development and/or the public. Active recreation shall be limited to no more than five percent (5%) of the common open space. Recreational facilities proposed to be constructed in dedicated open space shall be clearly shown on the development plans.

(c) Prohibition of Further Development of Common Open Space. The common open space, required by Section 1143.06 , shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City’s Law Director and duly recorded in the Office of the Recorder of Lake County. (Ord. 2006-35. Passed 5-25-06.)

1143.07 DEVELOPMENT STANDARDS.

The following specific development standards shall be adhered to in the design and layout of any Conservation Development:

(a) Minimum Setbacks from Project Boundaries and Streets: All buildings, structures and parking areas shall comply with the minimum setbacks set forth in Schedule 1143.07. Each building containing attached single-family dwelling units shall be counted as one building for the purpose of determining the minimum setback and spacing requirements.

(b) Minimum Separation Between Buildings: In order to ensure reasonable privacy and separation, walls of individual buildings located within a Conservation Development shall be separated by the minimum distances set forth in Schedule 1143.07. The following definitions shall apply to terms used in this Section.

(1) Main Wall: The outside wall(s) of a building that contains the primary windows of any living, family or dining room.

(2) End Wall: The outside walls of a building, other than a main wall, which may be blank or contain windows not considered to be primary windows.

(c) Unbroken Wall Length: No wall or facade shall extend for more than two (2) units without a change in the plane of the wall and roofline by at least five (5) feet.

(d) Lot Requirements: Dwelling units are not required to be on lots. However, when lots for standard detached single-family dwellings or sub lots for cluster single-family detached dwellings are included as part of a Conservation Development, such lots or sub lots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing requirements of this Section.

(e) Required Buffer: A buffer area with a minimum width of thirty (30) feet from an existing right-of-way, and twenty-five (25) feet from a perimeter side or rear property line is required. The buffer area shall be landscaped with an acceptably designed wall, fence, planting screen, or mound, or some combination thereof, which shall comply with the regulations found in Chapter 1155.

(f) Utilities: Underground utilities, including telephone and electrical systems, are required within the limits of a Conservation Development. Appurtenances to these systems that can be effectively screened may be exempted from this requirement if the City finds that such exemption will not violate the intent or character of the proposed Conservation Development.

(g) Sewage Disposal: Development shall be served by individual or public sewage disposal structures. Individual sewage disposal systems shall comply with all applicable regulations of the Lake County Health Department and may be located within common open space areas when approved by the City and the Lake County Health Department.

(h) Additional Standards: Additional development requirements, whether standards or criteria, formulated to achieve the objectives of the Conservation Development may be established at the time a Conservation Development plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the development.

(i) Waivers: In the event the City, determines that certain standards set forth in this Chapter do not or should not apply specifically to the circumstances of a particular project and an alternative method of achieving the objectives of the numerical standard is equal to or better than the strict application of the specified standard, the Planning and Zoning Commission may relax such standard to the extent deemed just and proper, provided that the granting of such relief shall be without detriment to the health and safety of the community and without detriment to or impairment of the intent of this Chapter.

(j) Schedule 1143.07 Development Standards:

Schedule 1143.07

Development Standards

	R-1/R-2
(a) Minimum Setbacks
(1) Building
° Existing street right-of-way	50 ft.
° Internal street (1)	25 ft.
° Side/rear boundary line of project	35 ft.
(2) Parking (2)
° Existing street right-of-way	30 ft.
° Side/rear property/boundary line of project	25 ft.

(b) Minimum Spacing Between Buildings
(1) Front wall to front wall	45 ft.
(2) Front wall to end wall	20 ft.
(3) End wall to end wall	20 ft.
(1) If the internal street is public, the setback is measured from the right-of-way; if it is private the setback is measured from the pavement of the street. These distances may be waived on individual streets with less than 10 units. (2) Parking shall be provided in accordance with the requirements of Chapter 1153.

(Ord. 2006-35. Passed 5-25-06.)

1143.08 STREET REQUIREMENTS.

Each lot and building envelope within a Conservation Development shall have sufficient access to ensure safe and efficient traffic flow and reasonable ingress and egress for emergency vehicles. To this end, the street requirements for Conservation Developments are as follows:

(a) Public Streets. A street shall be required to be publicly dedicated when such street is a major street that connects two (2) existing public streets, is intended to provide a future continuing street system beyond the project boundaries, or is expected to accommodate pass-through traffic going to and from adjacent developments.

(b) Private Streets. Streets that are not otherwise required to be public streets pursuant to subsection (a) above may be approved as private streets when the City determines that:

(1) The private street is not planned or expected to be extended to serve property outside the Conservation Development.

(2) Adequate utility easements are provided to the satisfaction of the City and the utilities.

(3) The design and layout of the private street provides adequate and safe access to the intended units.

(4) A private street with single access shall provide access to no more than fifteen (15) dwelling units.

(c) Pavement Width. Private streets may be constructed with narrower pavement widths than required by the City for public streets provided they comply with the minimum standards set forth in Schedule 1143.08 and are approved by the City Engineer.

(d) Schedule 1143.08 Street Requirements:

Schedule 1143.08

Street Requirements

Minimum Pavement Width	Two-Way	One-Way(1)
Private street with two (2) means of access serving:
(a) More than fifteen (15) units	25 feet	15 feet
(b) Fifteen (15) units or less	20 feet	12 feet
(c) Private street with a single access serving fifteen (15) units or less	20 feet	N/A
Notes to Schedule 1143.08. (1) Widths apply if no parking is provided on the street. If the street also provides an aisle for off-street parking, then the street width shall be increased by four (4) feet. NA = Not Applicable

(e) Construction Standards. All elements of a private street that are to be provided in a Conservation Development shall be constructed in accordance with the construction standards set forth for public streets in Title Five, Subdivision Regulations. However, when the Planning and Zoning Commission determines that certain elements of a public street do not or should not specifically apply to a private street due to the circumstances of a particular project or portion of a project, the Commission may waive or permit a modification to the installation of any such element(s) to the extent deemed just and proper provided such relief may be granted without detriment to the public good. This provision also applies to waiving the requirement for curbs and storm sewers when the applicant demonstrates to the satisfaction of the City Engineer and the Planning and Zoning Commission that, based on the topography of the site, open space, density and other environmental considerations, the proposed open natural drainage system will equally satisfy the drainage requirements.

(Ord. 2006-35. Passed 5-25-06.)

1143.09 HOMEOWNERS ASSOCIATIONS.

Homeowners associations, community associations, or similar legal entities that, pursuant to Section 1143.06(a)(6), are responsible for the maintenance and control of common areas including recreational facilities, common open space, private streets, and buffer areas, shall be established in such a manner that complies with Section 1157.09, Requirements for Owners Associations.

(Ord. 2006-35. Passed 5-25-06.)

1143.10 PHASED DEVELOPMENT.

If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.

(Ord. 2006-35. Passed 5-25-06.)

1143.11 ROCEDURES AND APPROVAL CRITERIA.

The Planning and Zoning Commission shall review and approve a preliminary development plan for a proposed Conservation Development according to the procedures set forth in this Section.

(a) Submission of Preliminary Development Plan. The applicant shall submit a Preliminary Development Plan application to the Zoning Administrator. The application shall include documentation illustrating compliance with the standards and criteria set forth in this Chapter. The application and documentation shall include, but not necessarily be limited to:

(1) Identification of existing site characteristics, including a general depiction of:

A. Boundaries of the area proposed for development, dimensions and total acreage;

B. Contour lines at vertical intervals of not more than five (5) feet, highlighting ridges, rock outcroppings and other significant topographical features.

C. Location of wetlands (and potential wetlands), the floodway boundary and floodway elevation as delineated by the Federal Emergency Management Agency, rivers and streams and their related river or stream bank, ponds, and water courses;

D. Locations of all wooded areas, tree lines, hedgerows, and specimen trees;

E. Delineation of existing drainage patterns on the property, existing wells and well sites;

F. Description of significant existing vegetation by type of species, health, quality, etc.;

G. Existing buildings, structures and other significant man-made features on the site and within two hundred (200) feet of the project boundary;

H. Description of all structures and areas of known or potential historical significance; and

(2) The preliminary development plan shall be drawn at a scale not less than 1” = 100’, and shall include:

A. A summary of the proposed development including the total acreage, number of residential units, type of dwellings, density by type of dwelling, and acreage of the common open space to be conserved;

B. A preliminary layout of standard single family lots, cluster lots and attached single-family dwellings, if any;

C. The location of the common open space and any proposed recreational facilities;

D. Natural features to be conserved and any required buffer areas;

E. Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.;

F. General location of public street rights-of-way; and

G. Preliminary landscaping and buffering.

(3) An outline of the method/structure to perpetually preserve the required open space which indicates:

A. The structure of the association;

B. Membership requirements;

C. Financial responsibilities; and

D. The relationship of the entity to public agencies having responsibilities related to the project.

(4) A description of the project phasing including the phased construction of open space improvements.

(b) Review For Completeness. Within fourteen (14) days of receiving the application, the Zoning Administrator shall review the application to determine that the application includes all the items required in subsection (a) above. If the application is deemed complete and the application fee paid, the Zoning Administrator shall officially accept the application on that date.

(c) Review of Preliminary Development Plan by Others. The Zoning Administrator may refer the application to other City officials, and/or other private consultants for their review and comment. Comments pursuant to the referrals in this section shall be returned to the Planning and Zoning Commission within fourteen (14) days.

(d) Review and Approval by City. The Planning and Zoning Commission shall review the preliminary development plan and any other material related to the plan. The Planning and Zoning Commission shall:

(1) Approve the preliminary development plan;

(2) Approve the preliminary development plan subject to specific conditions not included in the plan as submitted; or

(3) Deny the preliminary development plan.

Failure of the City to act within sixty (60) days from the date the application was determined complete, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the preliminary development plan.

(e) Significance of Approved Plan. Approval of the preliminary development plan shall:

(1) Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, and street alignments.

(2) Be the basis for the application to proceed with detailed planning and engineering in reliance on the approved preliminary development plan.

(3) Provide the benchmark for the City to consider and approve amendments to the preliminary development plan when the City determines that the amended plan is equal to or better than the approved preliminary development plan.

(4) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.

(f) Final Development Plan. Prior to receiving a Zoning Certificate, the final development plan must be approved by the Planning and Zoning Commission according to the Site Plan and Design Review procedures and criteria in Chapter 1111, Development Plan Review Procedures. Such final plan may be approved for a phase of the project, or the final plan may include the entire project.

(1) Submission Requirements. In addition to the requirements in Chapter 1111, the final development plan shall include:

A. A site plan indicating:

1. Dimensions of building spacing; and

2. Designated common open space areas and a description of proposed open space improvements.

B. The Declaration, Articles of Incorporation and Code of Regulations for all Homeowners’ Associations, and any other final covenants and restrictions and maintenance agreements to be imposed upon all the use of land and pertaining to the ownership, use, and maintenance of all common areas, including restricted open space.

C. Conditions imposed by other regulatory agencies.

(2) Review by the City's Law Director. The City's Law Director shall review the Declaration, Articles of Incorporation and Code of Regulations for a Homeowners’ Association, and any other final covenants and restrictions and maintenance agreements to be imposed upon the Conservation Development. He/she shall provide a written opinion to the Planning and Zoning Commission verifying that the submitted documents demonstrate full compliance with the requirements of this Chapter.

(Ord. 2006-35. Passed 5-25-06.)

1143.12 DEVELOPMENT PLAN REVIEW CRITERIA.

In addition to complying with the standards in this Chapter, the Planning and Zoning Commission shall only approve a preliminary or final development plan when it is determined to be in compliance with the following criteria:

(a) Each part of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have beneficial effect which could not be achieved under standard district regulations.

(b) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Planning and Zoning Code.

(c) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the Conservation Development.

(d) The development will result in a harmonious grouping of dwellings so that the area surrounding said development can be developed in coordination and substantial compatibility with the proposed development.

(e) The existing and proposed utility services are adequate for population densities and nonresidential uses proposed.

(f) Maximum possible privacy for adjacent residential properties shall be provided through good design and use of the proper building materials and landscaping according to the requirements set forth in this Planning and Zoning Code.

(g) Adequate provisions are made in the final covenants and restrictions to be imposed upon the development relating to the following:

(1) The use and development of accessory buildings and uses associated with individual dwellings.

(2) The maintenance of the land, including any common areas and sidewalks.

(h) On-site circulation shall be designed to provide for adequate fire and police protection, and safe and efficient pedestrian and vehicular circulation.

(i) Adequate provision is made for storm drainage and sediment control in compliance with applicable City provisions.

(j) The proposed development complies with all other applicable provisions of this Planning and Zoning Code.

(Ord. 2006-35. Passed 5-25-06.)

1145.01 PURPOSE.

This District is established to enable the construction of senior citizen residential developments (SCRD) that provide for the unique housing needs of persons of retirement age. Such residential developments should be located where supporting facilities such as public transportation, retail stores, community facilities and other facilities and activities are available. This district establishes regulations that further recognize the unique needs of senior citizens with respect to: the location of buildings, the relationship of such buildings to one another, the design of dwellings, parking needs and the need or desire for congregate dining, recreation, and/or heath care facilities that may not be satisfactorily accommodated through conventional residential zoning regulations.

In order to accomplish this purpose, it is the intention in establishing this District to permit the construction of senior citizen residential developments in a manner that:

(a) Allows a mixture of dwelling unit types, congregate facilities and nursing home facilities typically found in a senior citizen community or continuing care facility.

(b) Establishes development design criteria and site planning standards for Senior Citizen Residential Developments to ensure that aesthetically pleasing and pedestrian friendly environments are created. Specifically, the guidelines and standards are intended to:

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

(2) Reduce the impact between this district and abutting neighborhoods.

(c) Ensures that senior citizen residential developments will occur in a unified manner and in a way that is compatible with the surrounding land uses.

(d) Ensures that the residential development is designed for, reserved for, maintained as and marketed as a residential community for persons who are at least 55 years of age in compliance with the Housing for Older Persons Act of 1995.

(e) Ensures that senior citizen residential developments comply with these objectives by requiring a development plan and establishing a review process to ensure that all phases of a development are consistent with the regulations.

(Ord. 2006-35. Passed 5-25-06.)

1145.02 CONFORMITY TO STANDARDS.

Because of the special characteristics related to Senior Citizen Residential District, specific provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters of this Planning and Zoning Code, the provisions set forth in this Chapter shall prevail. Any existing provisions that are not covered by this Chapter shall be governed by the respective provisions found elsewhere in this Planning and Zoning Code.

(Ord. 2006-35. Passed 5-25-06.)

1145.03 USES PERMITTED.

(a) Uses Permitted By Right. A use listed in Schedule 1145.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other City Ordinances and this Planning and Zoning Code have been met.

(b) Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1145.03 shall be permitted as an accessory use in a district when denoted by the letter "A" provided that the requirements of all other City Ordinances and this Planning and Zoning Code have been met. Accessory uses are further regulated as listed below.

SCR

Senior

Citizen

Residential

District

(a) Residential

(S-1)

(1) Single-family detached dwelling

(2) Single-family attached dwelling

(3) Two-family dwellings

(4) Multi-family dwellings

	SCR Senior Citizen Residential District
(b) Community Facilities
(1) Congregate care	P
(2) Assisted living facilities, which for the purposes of this Chapter shall be residential accommodations designed for and intended to be occupied by individuals who require supervision, assistance and health care services or who are otherwise dependent on the services of others by reason of age or physical or mental impairment.	P
(3) Nursing homes	P
(c) Other Uses
(1) Health care facilities designed to meet the special needs of elderly residents, such as physical therapy offices and urgent care centers.	P
(d) Accessory
(1) Accessory buildings	A
(2) Adult day care facilities	A
(3) Fences and walls	A
(4) Garbage and rubbish disposal facilities	A
(5) Home Occupations	A
(6) Off-street parking, private garages, parking areas and loading facilities	A
(7) Other accessory structures	A
(8) Signs	A
(9) Supporting retail services (S-2)	A
Notes to Schedule 1145.04: (S-1) For the purposes of this Chapter, all residential uses permitted by right in Schedule 1145.05 shall be considered independent dwelling units. (S-2) Supporting retail services when: A. Located in a congregate or assisted living facility or health care facility; B. Not exceeding twenty percent (20%) of the first floor area of the principal building or 2000 sq. ft., whichever is less; and C. Having no exterior identification or advertising signs.
P = Permitted by right A = Accessory

(Ord. 2006-35. Passed 5-25-06.)

1145.04 PROJECT DEVELOPMENT REQUIREMENTS.

(a) Minimum Project Area. The gross area of a tract of land proposed to be developed as a Senior Citizen Residential Development (SCRD) shall not be less than 10 acres. The project area of a SCRD shall be in one ownership, or if in several ownerships, the application shall be filed jointly and signed by all owners of the properties included in the proposed SCRD boundaries.

(b) Maximum Project Area Coverage. All buildings of a Senior Citizen Residence Development shall not occupy more than 30 percent of the project area.

(c) Minimum Project Frontage and Project Width. The project area shall front on a major or secondary street with frontage of not less than 60 feet.

(d) Maximum Density.

(1) For independent dwelling units, the density shall not exceed four (4) units per acre, except that the Planning Commission may approve a maximum density of 10 units per acre when the Senior Citizen Residential Development District is adjacent to a non-residential district, interstate highway right-of-way or other location where the Senior Citizen Residential Development District is either isolated from or serves as a transitional development to an abutting residential district.

(2) For congregate care and assisted living/nursing home facilities, the density shall be governed by the maximum building height and the maximum project area coverage. (Ord. 2006-35. Passed 5-25-06.)

1145.05 SITE PLANNING STANDARDS.

The following site planning standards shall be adhered to in the design and layout of any Senior Citizen Residential Development project.

(a) Minimum Setbacks. In order to ensure that a Senior Citizen Residential Development is compatible with the existing residential environment of Willoughby Hills, such development shall comply with the minimum setback requirements set forth in Schedule 1145.05 (a):

Schedule 1145.05(a) Minimum Setbacks

	Building	Parking
(a) Setback from existing public street right-of-way Streets:	75 ft.	30 ft.
(b) Setback from project boundary, other than a public street
(1) Abutting a multi-family or nonresidential district	30 ft.	20 ft.
(2) Abutting a single-family district	50 ft.	25 ft.

(b) Required Buffer. Whenever a SCRD abuts a Single-family Residential District, a buffer area with a minimum width of 20 feet shall be located adjacent to the project boundary line, within the required setback from the project boundary specified in Schedule 1145.05(a).

(1) Such buffer may be located in common area or on individual lots.

(2) The buffer area shall include landscaping and screening in compliance with Section 1155.07 , Buffering and Screening between Districts and Uses, to a minimum height of six (6) feet by use of hedges, planting, fence or other screening as may be determined by the Planning Commission.

(c) Maximum Building Height. For any building constructed at any minimum setback line required by Schedule 1145.05 (a), the maximum building height shall be thirty-five (35) feet. The building height may be increased by one (1) foot for each two (2) additional feet of setback provided beyond the minimum setbacks mandated by Schedule 1145.05 (a), not to exceed four (4) stories.

(d) Minimum Unit Sizes. The minimum floor area for independent dwelling units that have no congregate or common facilities shall be as indicated in Schedule 1145.05 (d).

Schedule 1145.05(d) Minimum Unit Sizes

Dwelling Unit Type

Minimum Floor Area (sq. ft.)

No congregate

living area

With congregate

living areas

One-bedroom unit

750

550

Two-bedroom unit

900

700

Three-bedroom unit

1,100

900

(e) Parking. The following off-street parking regulations shall be required:

(1) Independent dwelling units shall provide one and one-half (1.5) off-street parking spaces per dwelling unit.

(2) Congregate living and assisted living/nursing home facilities shall provide one off-street parking space per employee and 0.75 space per unit.

(Ord. 2006-35. Passed 5-25-06.)

1145.06 DEVELOPMENT DESIGN CRITERIA.

(a) Common Areas. Common areas shall be provided, maintained and controlled according to the following:

(1) Whenever independent dwelling units are included in a development, common open space shall be provided for the use and benefit of the residents. A minimum of 20 percent of the portion of project area devoted to independent dwelling units shall be set aside as common open space, and further subdivision or development of this common open space is prohibited.

(2) Whenever common areas are included in a Senior Citizen Residential Development, a homeowners 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, including any required common open space.

(3) The Law Director shall determine that, based on documents submitted with the development plan, the association’s bylaws or code of regulations ensure that the Association will be responsible for maintenance, control, and insurance of common areas, including private roads and common drives.

(b) Pedestrian Circulation and Walkways. A pedestrian circulation system shall be included in the SCRD and should be designed to ensure that pedestrians can walk safely and easily throughout the development. The pedestrian system should provide connections between properties and activities or special features within common areas and need not always be located along streets. If the pedestrian system intersects a public or private street within the development, “pedestrian crossing” signs shall be posted.

(c) Required Utilities. Each use and all dwelling units in a senior citizen residential development shall be served by central water and sanitary sewer facilities, and underground utilities. (Ord. 2006-35. Passed 5-25-06.)

1145.07 ACCESSORY USE REGULATIONS.

Any accessory use permitted in the SCR District may occupy a part of the principal building, occupy a separate accessory structure or constitute an accessory land use.

(a) No accessory uses shall be permitted in a front yard area.

(b) Fence and Wall Regulations. Fences and walls may be located in the required building setbacks set forth in Schedule 1145.05 (a) and shall comply with the regulations set forth in Section 1133.11 (e), Fences and Walls.

(c) Swimming Pools. Private swimming pools for the exclusive use of residents of the premises shall comply with the supplemental regulations set forth in Chapter 1157.06, Swimming Pools.

(d) Minimum Setbacks for Accessory Buildings and Uses. Accessory buildings, including garages; carports; and active recreation areas such as a swimming pool or tennis court which are intended for use by the residents of the development, shall be equal to the setback for the building set forth in Schedule 1145.05 (a).

(e) Outdoor Storage. Outdoor storage is prohibited.

(f) Commercial Motor Vehicles. Commercial motor vehicles shall comply with the regulations in Section 1157.07 , Additional Regulations Regarding Motor Vehicles in Residential Zoning Districts.

(g) Motor Vehicles. The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or auto body parts is prohibited.

(Ord. 2006-35. Passed 5-25-06.)

1145.08 DEVELOPMENT PLAN REVIEW.

All uses in the SCR District shall be permitted only after development plans have been reviewed and approved pursuant to the procedures set forth in Chapter 1111.

(Ord. 2006-35. Passed 5-25-06.)

1147.01 PURPOSE.

(a) Conditional uses are a classification of uses that are determined to generally be compatible in the district in which they are listed as a conditional use. However, this category of uses is so classified because of the need to adequately monitor the proposed use in order to ensure that the use and its operational aspects are indeed appropriate in the specific location in which the use is proposed. Such monitoring is necessary because the external impacts of a particular use are either sufficiently varied or indeterminable in advance, making it possible that, without the Planning and Zoning Commission’s review, a particular use could be inappropriate in certain locations within the district.

(b) These regulations are intended to ensure that conditional uses are reviewed in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Toward these ends, it is recognized that this Code should provide for more detailed evaluation of each use listed as a conditional use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities and traffic generation. In considering a proposed conditional use, the Planning and Zoning Commission may assign reasonable requirements to ensure that the proposed development is appropriate in the location in which it is proposed. Accordingly, conditional use applications shall conform to the procedures and requirements of Chapter 1111.

(Ord. 2006-35. Passed 5-25-06.)

1147.02 GENERAL CRITERIA FOR ALL CONDITIONAL USES.

A conditional use, and uses accessory to such conditional use, shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in Sections 1147.03 through 1147.08. The Planning and Zoning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:

(a) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing existing or intended character of the general vicinity.

(b) The establishment, maintenance or operation of the conditional use will not endanger the public health, safety or general welfare.

(c) The conditional use will not be more hazardous or more disturbing to the existing and future use and enjoyment of properties in the immediate vicinity than uses that are permitted by right, nor substantially diminish or impair property values within the neighborhood.

(d) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(e) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible. (Ord. 2006-35. Passed 5-25-06.)

1147.03 SPECIFIC CONDITIONS FOR CONDITIONAL USES.

In addition to the general criteria established in Section 1147.02, the following specific conditions shall apply.

(a) Supplementary Conditions and Safeguards. Nothing in these regulations shall prohibit the Planning and Zoning Commission from prescribing reasonable supplementary conditions and safeguards in addition to the requirements in this Chapter in order to ensure compliance with the criteria set forth in Section 1147.02 .

(b) Conformance with District Regulations. A conditional use shall conform to the regulations of the district in which it is located and to other substantive requirements of this Planning and Zoning Code, as well as satisfy the conditions, standards and requirements of this Chapter. Whenever there is a difference between the provisions of the conditional use regulations and the district regulations, the provisions of this Chapter shall prevail, unless clearly indicated differently in the regulations.

(1) No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway. All outside lighting shall comply with the lighting requirements set forth in Chapter 1157, General Use Regulations.

(2) Floodlights, loudspeakers or similar devices shall not be constructed or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.

(3) Landscaping and buffering shall be provided in compliance with Chapter 1155, Landscaping and Screening Regulations.

(4) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning and Zoning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the district in which the conditional use is proposed.

(5) The conditional use will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall be in compliance with the regulations set forth in Section 1153.11 , Regulations for Access Drives.

(6) In a residential district, on lots of one (1) acre or more, all points of entrance or exit should be no closer than 75 feet from an intersection.

(Ord. 2006-35. Passed 5-25-06.)

1147.04 CONDITIONAL USES IN SINGLE-FAMILY DISTRICTS.

Schedule 1147.04 sets forth regulations governing minimum lot area, minimum lot width and minimum setback requirements for principal and accessory buildings and parking areas for conditional uses in residential districts. Supplemental requirements pertaining to such uses are set forth in Section 1147.08, and the specific subsections are referenced in Schedule 1147.05, below.

Schedule 1147.04

Regulations For Conditional Uses In Single-Family Residential Districts

Conditional use	Conditional Use in District	Minimum Lot Regulations (1)		Minimum Building Setbacks (1)		Minimum Parking Setbacks (1)		Also See Section:
Conditional use	Conditional Use in District	Area(2)	Width	Front	Side/ Rear	Front	Side/ Rear
1. Cemetery	R-1, R-2	5 acres	400 ft.	(3)	30 ft.	NP	10 ft.	1147.08(d)
2. Community recreation facility	R-1, R-2	5 acres	400 ft.	(3)	40 ft.	NP	20 ft.	1147.08(g)
3. Day care facility, child and/or adult accessory to a conditional use	R-1, R-2	3 acres	200 ft.	(3)	40 ft.	NP	20 ft.	1147.08(h)
4. Family Day Care Home (Type A)	R-1, R-2	(3)	(3)	(3)	(3)	NP	(3)	1147.08(j)

Conditional use	Conditional Use in District	Minimum Lot Regulations (1)		Minimum Building Setbacks (1)		Minimum Parking Setbacks (1)		Also See Section:
Conditional use	Conditional Use in District	Area(2)	Width	Front	Side/ Rear	Front	Side/ Rear
5. Golf course	R-1, R-2	25 acres	400 ft.	(3)	40 ft.	NP	20 ft.	1147.08(o)
6. Library	R-1, R-2	3 acres	200 ft.	(3)	40 ft.	NP	20 ft.	1147.08(e)
7. Church/Place of worship	R-1, R-2	3 acres	200 ft.	(3)	40 ft.	NP	20 ft.	1147.08(e)
8. Public safety facility	R-1, R-2	3 acres	200 ft.	(3)	40 ft.	NP	20 ft.	1147.08(n)
9. School facility, elementary/secon dary (public or private)	R-1, R-2	3 acres	200 ft.	(3)	40 ft.	NP	20 ft.	1147.08(r)
10. Utility substati on/dist ributio n facility , indoor	R-1, R-2	None	None	(3)	40 ft.	NP	20 ft.	1147.08(s)
11. Wirele ss teleco mmuni cation facility	See Chapter 1161
Notes to Schedule 1147.04: (1) Uses shall comply with the standards in this table or the corresponding district standard whichever is greater. (2) Parcel size devoted to the use shall not exceed 10 acres (3) Shall comply with the regulations for the district in which the conditional use is located NP = Not Permitted
List of Districts: R-1 Traditional Single Family District R-2 Attached Single-Family/Townhouse District

(Ord. 2006-35. Passed 5-25-06.)

1147.05 CONDITIONAL USES IN MULTI-FAMILY DISTRICTS.

Schedule 1147.05 sets forth regulations governing minimum lot area, minimum lot width and minimum setback requirements for principal and accessory buildings and parking areas for conditional uses in residential districts. Supplemental requirements pertaining to such uses are set forth in Section 1147.08, and the specific subsections are referenced in Schedule 1147.05, below.

Schedule 1147.05

Regulations For Conditional Uses In Multi-Family District

Conditional use	Conditional Use in District	Minimum Lot Regulations (1)		Minimum Building Setbacks (1)		Minimum Parking Setbacks (1)		Also See Section:
Conditional use	Conditional Use in District	Area	Width	Front	Side/ Rear	Front	Side/ Rear
1. Public safety facility	M, M-1	5 acres	200 ft.	(2)	(2)	25 ft.	25 ft.	1147.08(n)
2. Residential facility for 9-16 persons	M, M-1	20,000 sq. ft.	100 ft.	(2)	(2)	(2)	25 ft.	1147.08(p)
3. Utility substation/distributio n facility, indoor	M, M-1	None	None	(2)	50 ft.	25 ft.	25 ft.	1147.08(s)
4. Wireless telecommunication facility	See Chapter 1161
Notes to Schedule 1147.05: (1) Uses shall comply with the standards in this table or the corresponding district standard whichever is greater. (2) Shall comply with the regulations for the district in which the conditional use is located.
List of Districts M Multi-Family District M-1 High Rise Apartment District

(Ord. 2006-35. Passed 5-25-06.)

1147.06 CONDITIONAL USES IN COMMERCIAL DISTRICTS.

Schedule 1147.06 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in a commercial district. Supplemental requirements pertaining to such uses are set forth in Section 1147.08, and the specific subsections are referenced in Schedule 1147.06, below.

Schedule 1147.06

Regulations for Conditional Uses in Commercial Districts

Conditional Use	Conditional Use in District	Minimum Lot Regulations (1)		Also See Section:
Conditional Use	Conditional Use in District	Area	Width	Also See Section:
1. Assembly hall/membership club/conference center	B-2	1 acre	125 ft.	1147.08(a)
2. Automobile service station	B-2, B-3	1 acre	125 ft.	1147.08(b)
3. Car wash	B-3	1 acre	125 ft.	1147.08(c)
4. Commercial recreation, indoor	B-2, B-3	(2)	(2)	1147.08(f)
5. Commercial recreation, outdoor	B-3	2 acres	200 ft.	1147.08(o)
6. Day care center, child and adult	B-1	(2)	(2)	1147.08(h)
7. Drive-thru facility in association with a permitted use	B-2, B-3	1 acre	125 ft.	1147.08(i)
8. Freestanding automated teller machine or drive- thru	B-2, B-3	(2)	(2)	1147.08(i)
9. Funeral Home	B-1	1.5 acres	125 ft.	1147.08(k)
10. Gasoline station/pumps	B-2, B-3	1 acre	150 ft.	1147.08(b)
11. Health club	B-2	1.5 acres	125 ft.	--
12. Hotel/Motel	B-2, B-3	2 acres	125 ft.	--
13. Motor vehicle sales and rental	B-3	2 acres	200 ft.	1147.08(b)
14. Multi-family dwelling development	B-2	2 acres	200 ft.	1147.08(m)
15. School (public/private) college/university	B-2	10 acres	300 ft.	1147.08(q)
16. Utility substation/distribution facility, indoor	B-1, B-2, B-3	none	none	1147.08(s)
17. Vehicle repair garage	B-3	2 acres	200 ft.	1147.08(b)
18. Veterinary office/animal hospital with outdoor facilities	B-2, B-3	1 acre	125 ft.	1147.08(l)
19. Wireless telecommunication facility	See Chapter 1161
Notes to Schedule 1147.06: (1) Uses shall comply with the standards in this table or the corresponding district standard whichever is greater. (2) Shall comply with the regulations for the district in which the conditional use is located.
List of Districts: B-1 Limited Commercial District B-2 Commercial Campus/Mixed Use District B-3 High Density Mixed-Use Commercial District

(Ord. 2006-35. Passed 5-25-06.)

1147.07 CONDITIONAL USES IN RESEARCH AND OFFICE AND INDUSTRIAL DISTRICTS.

Schedule 1147.07 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in an industrial district. Supplemental requirements pertaining to such uses are set forth in Section 1147.08, and the specific subsections are referenced in Schedule 1147.07, below.

Schedule 1147.07

Regulations For Conditional Uses In the Research and Office and Industrial Districts

Conditional Use	Conditional Use in District	Minimum Lot Regulations (1)		Also See Section:
Conditional Use	Conditional Use in District	Area	Width	Area
1. Adult Oriented Business	I-1	See Chapter 1163
2. Drive-thru, drive-in facility in association with a permitted use	E	1 acre	125 ft.	1147.08(i)
3. Freestanding automated teller machine or drive-thru	E	(2)	(2)	1147.08(i)
4. Veterinary office, animal hospital, kennel with outdoor facilities	I-1	2 acres	200 ft.	1147.08(l)
5. Motor vehicle body shop	I-1			1147.08(b)
6. Public service/maintenance facility	I-1	(2)	(2)	1147.08(n)
7. Sales, service, repair and/or storage of farm implement, construction equipment, recreation vehicles, or other large equipment	I-1	3 acres	200 ft.
8. Vehicle repair garage	I-1	2 acres	200 ft.	1147.08(b)
9. Wireless telecommunication facility	See Chapter 1161
Notes to Schedule 1147.07: (1) Uses shall comply with the standards in this table or the corresponding district standard whichever is greater. (2) Shall comply with the regulations for the district in which the conditional use is located.
List of Districts: E Research Office District I-1 Light Industrial District

(Ord. 2006-35. Passed 5-25-06.)

1147.08 SUPPLEMENTAL REGULATIONS FOR CERTAIN USES.

The following are specific conditions, standards and regulations for certain conditional uses and are in addition to the criteria and standards set forth in Sections 1147.02 through 1147.08.

(a) Assembly Hall, Membership Club, Conference Center:

(1) All activities, programs and other events shall be directly related to the conditional use so granted.

(2) The proposed use shall not generate excessive noise beyond the premises.

(3) In order to minimize any effects of the above, the Planning and Zoning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.

(b) Automotive Related.

(1) Motor vehicle sales and rental:

A. Service garage, leasing department and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of autos provided these activities are conducted in a wholly enclosed building.

B. Only repair of vehicle customarily associated with the permitted vehicle sales shall be permitted and shall be conducted entirely inside a suitable building.

C. No junk, inoperative or unlicensed vehicle will be permitted to remain outside on the property for more than 48 hours.

(2) Requirements for Gasoline Stations/Pumps; Automobile Service Stations; and Vehicle Repair Garage:

A. No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.

B. Except while being serviced at a pump island, no vehicle shall be parked between the fuel pumps and the front property line.

C. A car wash establishment may be combined with a gasoline station or an automobile service station provided that the minimum lot size for the combined uses is a minimum of 50,000 square feet.

D. When located on a corner lot, the facility shall have not less than 150 feet frontage on each of the two intersecting streets. The location of access drives shall be placed as far as possible from the intersection; and shall be limited to no more than one (1) access drive per street frontage.

E. Vehicle parking areas, vehicle storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.

(3) Gasoline Station. The only services permitted to be performed at a gasoline station shall be the dispensing of fuel, oil, air, and windshield wiper fluid and other common vehicular liquids and lubricants.

(4) Automobile Service Station. Automobile service stations shall not provide services to vehicles that exceed one and one-half tons in capacity. All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building or garage.

(5) Automobile Service Stations, Motor Vehicle Body Shop, and Vehicle Repair Garage. For automobile service stations and vehicle repair facilities, parking shall be located behind the front line of the principal building. An exception to this requirement may be granted where necessary due to the shallow depth of a parcel, its irregular shape, or other similar circumstances.

(6) Automotive Service Stations and Vehicle Repair Garage. No oil draining pit or visible appliance for any such purpose, other than filling caps, shall be located within ten (10) feet of any street right-of-way or within twenty-five (25) feet of any residential district, except where such appliance or pit is within a building.

(7) Motor Vehicle Body Shop. No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.

(1) Such facilities shall be located on a major or secondary street in an area least disruptive to pedestrian and vehicular traffic.

(2) Any proposed loudspeaker system shall be approved as part of the conditional use application.

(3) All access drives shall be located as far as practicable from existing intersections in order to minimize congestion and constricted turning movements.

(4) Alleys or driveways abutting residentially zoned parcels shall not be used for circulation of customer traffic.

(d) Cemetery.

(1) Interior drives shall be installed, including the required pavement, as development progresses and as indicated on the final plans approved by the Planning and Zoning Commission.

(2) Sufficient parking spaces shall be provided throughout the cemetery so as not to hinder traffic flow.

(3) No gravesite shall be located within 50 feet of a public street right-of-way or residential property line.

(4) No mausoleum or crematory shall be located within 100 feet of a public street right-of-way or residential property line.

(e) Church; Place of Worship; Library; and Other Places of Assembly.

(1) Associated uses such as a convent, faculty residence, cafeteria, fieldhouse, or infirmary shall be located on the same lot as the principal use and comply with the principal building setback requirements set forth in the applicable zoning district.

(2) In any district, the Planning and Zoning Commission may require all outdoor children's activity areas to be enclosed by a fence or wall having a height of at least five (5) feet but not exceeding six (6) feet. An entry gate shall be securely fastened.

(3) The development plan shall indicate the emergency entrances or exits.

(4) In order to minimize any effects of the above uses, the Planning and Zoning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District. In addition, the Planning and Zoning Commission may limit the hours/days of operation to insure that the use is compatible with surrounding land uses.

(5) In Residential Districts:

A. Such uses should be located on a major or secondary street or have direct access to a major or secondary street to minimize impacts on local streets and residential neighborhoods.

B. All access drives shall be located as far as practicable from an existing intersection in order to maximize traffic safety and minimize congestion and constricted turning movements.

C. All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.

(6) In Single-family Residential Districts. The maximum lot coverage shall be forty-five percent (45%).

(f) Commercial Recreation, Indoor:

(1) The proposed use shall not generate excessive noise beyond the premises.

(2) In order to minimize any effects of the above, the Planning and Zoning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.

(3) Buildings in which dance floor/entertainment is provided shall be located a minimum of 100 feet from a residential district.

(4) The Planning and Zoning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

(5) Such uses shall be located on a major or secondary street or have direct access to a major or secondary street.

(6) Such establishment shall be located so as to minimize the amount of space located in a retail setting that is inactive during normal business hours. Such facilities are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district.

(g) Community Recreation Facility:

(1) Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(2) The Planning and Zoning Commission may require active recreation areas to be enclosed by a fence, which complies with the requirements for fences in the applicable zoning district, having a minimum height of five (5) feet.

(3) All activities, programs and other events shall be directly related to the conditional use permit so granted, and any proposed changes from the approved conditional use permit shall be reviewed and approved by the Planning and Zoning Commission according to the procedures in Chapter 1111.

(4) An adequate number of public restrooms shall be provided and maintained.

(5) The Planning and Zoning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

(6) In a residential district, only incidental retail uses such as a snack bar, shall be permitted as an accessory use. Such facility shall be provided for the convenience of customers attending the Community Recreation Facility, and no sign advertising the retail use shall be permitted.

(7) Swimming pools shall comply with the following additional requirements:

A. Pools shall be adequately fenced to prohibit unauthorized access to the facility.

B. Pools and their enclosures shall have a minimum front setback of fifty (50) feet and a side and rear setback of thirty (30) feet.

C. The enclosure required in sub-section A. above shall be kept locked at all times the pool is not in use.

D. The Planning and Zoning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.

(h) Day Care Facility, Child or Adult.

(1) For the protection of children and adults enrolled in the day care center, a fence or wall having a height of at least five (5) feet shall enclose all outdoor activity areas. An entry gate shall be securely fastened.

(2) A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children and adults.

(3) In an R-1 and R-2 Districts, such use shall only be permitted as an accessory use in a church, other place of worship, or a school facility.

(4) The location and design of the facility shall provide for the protection of the children and adults from the traffic, noise, and other hazards of the area and/or the major street location.

(5) A day care center for children shall comply with the following:

A. An outdoor play area equal in area to the ground floor area of the day care facility is required. The required outdoor activity area shall not be located closer than fifty (50) feet to any residential property.

B. Play structures and other similar apparatus shall not be located closer than fifty (50) feet to any residential property.

(i) Drive-thru Facility in Association with a Permitted Use; Freestanding Automated Teller Machine.

(1) Such facilities shall be located on a major or secondary street in an area least disruptive to pedestrian and vehicular traffic.

(2) Any proposed loudspeaker system shall be approved as part of the development plan.

(3) All access drives shall be located as far as practicable from an existing intersection in order to minimize congestion and constricted turning movements.

(j) Family Day Care Home, Type A.

(1) Parking shall be located behind the front line of the principal building. An exception to this requirement may be granted when necessary due to the shallow depth of the parcel, the location of mature trees, or other similar circumstances. Use of alternative pavements, such as brick pavers, is encouraged.

(2) A paved off-street drop-off area and pick up area shall be provided.

(3) This facility shall be located at least 500 feet from another such facility, an adult care facility for six (6) to sixteen (16) persons, or a residential facility for nine (9) to sixteen (16) persons. Separation distances are measured from property line to property line by the shortest distance.

(4) A copy of the site plan and descriptive plan of operation submitted to the applicable State agency shall be submitted.

(5) Exterior lighting shall be residential in character and compatible with the surrounding neighborhood.

(6) No exterior changes shall be made that are non-residential in character.

(7) A driveway entrance meeting the standards for single-family residential construction shall be provided.

(8) The use of alternative paving material, such as brick pavers or porous pavement is permitted and encouraged to retain the residential character in the single family residential districts.

(k) Funeral Home. In no case shall vehicles be permitted to wait or stack within the public right-of-way.

(l) Kennel, Animal Hospital/veterinary Office with Outdoor Facilities. Outdoor animal areas shall:

(1) Be located in the rear yard;

(2) Have a minimum side setback of thirty (30) feet and a minimum rear setback of fifty (50) feet;

(3) Have a minimum setback of 200 feet from any residential zoning district boundary;

(4) Be a maximum of twenty-five percent (25%) of the gross floor area of the principal building.

(5) Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.

(6) Within the required setbacks above, screening shall be provided pursuant to Section 1155.07 (g).

(7) Facility shall be operated in accordance with all applicable State of Ohio and Lake County Health Code regulations.

(m) Multi-Family.

(1) The principal orientation of all the multi-family buildings shall be the public street on which the lot has frontage. There shall be at least one entrance, for each building facing the street, and the principal windows of the multi-family units shall also face this public street.

(2) Vehicular entrances to the multi-family development shall be minimized and designed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any adjacent residential neighborhood.

(3) All accessory structures shall be located behind the rear building line of the multi-family dwellings.

(4) Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

(n) Public Service; Public Safety/maintenance Facility.

(1) In residential districts facilities shall be limited to structures that are essential for the distribution of services to the local area.

(2) In residential districts there shall be no outdoor storage of general materials.

(3) Outdoor storage of fleet vehicles used in the operation of the facility may be permitted provided such storage areas are located in the side or rear yard in off-street parking areas and are screened in accordance with Section 1141.07, Outdoor Storage Regulations.

(o) Recreation Facilities Including: Commercial Recreation, Outdoor; Public Swimming Pool; Golf Course, Except Miniature Golf:

(1) The Planning and Zoning Commission may require active recreation areas to be enclosed by a fence having a minimum height of five (5) feet.

(2) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning and Zoning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.

(3) Rifle ranges, skeet shooting ranges, pistol ranges, and other activities involving the use of firearms shall not be permitted.

(4) Delivery trucks shall not be used as refreshment stands, souvenir stands and/or concession stands.

(5) All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.

(6) An adequate number of public restrooms shall be provided and maintained.

(7) Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.

(8) In a residential district, only incidental retail uses such as a snack bar, shall be permitted as an accessory use to a golf course. Such facility shall be provided for the convenience of customers attending the golf course and no sign advertising the retail use shall be permitted.

(9) The Planning and Zoning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.

(10) Swimming pools shall comply with the following additional requirements:

A. Pools shall be adequately fenced to prohibit unauthorized access to the facility.

B. Pools and their enclosures shall comply with the building setback requirements set forth for the district in which the pool is located.

C. The enclosure required in subsection (o)(10)A. above shall be kept locked at all times the pool is not in use.

D. The Planning and Zoning Commission may limit the maximum lot coverage of related buildings and lounging/deck areas.

(11) Golf courses, including tees, fairways, greens and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course.

(p) Residential Facility for 9-16 Persons.

(1) All activities, programs and other events shall be directly related to the conditional use certificate applied for and as it is granted, and any changes from the approved conditional use certificate shall be reviewed and approved by the Planning and Zoning Commission according to the Procedures in Chapter 1111. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.

(2) The architectural design and site layout of the residential facility and the height of any walls, screens, or fences connected with any said group home shall be compatible with adjoining land uses and the residential character of the neighborhood.

(3) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.

(4) The applicant shall comply with the applicable parking regulations of the Planning and Zoning Code and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors. The use of alternative pavements such as brick pavers is encouraged. Parking for visitors and employees shall be located behind the front building line. An exception to this requirement may be granted due to the shallow depth of the parcel, the location of mature trees, or other similar factors.

(5) The residential facility shall meet local fire safety and building code requirements for the proposed use and level of occupancy.

(6) Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility’s conditional use certificate.

(7) In considering whether to grant the conditional use certificate, the Planning and Zoning Commission shall take into consideration the proximity and location of other such facilities within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall a such a facility be closer than 1,000 feet from where an adult care or residential facility is located.

(q) School, (Public/private) College/university.

(1) Such establishment should be located so as to minimize the amount of space located in a retail setting that is inactive during normal business hours. Such establishments are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district.

(2) Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses and the surrounding built environment, particularly with regarding to traffic circulation, parking and appearance.

(3) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.

(4) All activities, programs, and other events shall be directly related to the approved conditional use certificate and shall be adequately monitored so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.

(5) Building and roof design. The building and roof shall be designed to be compatible with surrounding development. Considerations include design elements that break up long, monotonous building or rooflines and any other design elements that are compatible with the desired character of the District.

(6) Building materials. The materials used for buildings, roofs, fences and other structures shall be compatible with the surrounding built environment and/or the desired character of the District.

(7) Facades facing public streets. The design and layout of the street side of the site shall provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in materials and building walls as well as other structural elements.

(8) Landscaping. The landscaping on the site shall provide appropriate transition from commercial to residential districts; separates and buffers the buildings from other uses especially abutting residential districts; and provides visual relief from stark, linear building walls.

(r) School, (Public/private) Elementary/secondary.

(1) General Requirements.

A. Such uses should be located on a major or secondary street or have direct access to a major or secondary street to minimize impacts on local streets and residential neighborhoods, with the exception of elementary schools. Elementary schools may be located on local streets provided documentation is supplied that indicates a majority of students are within walking distance of the elementary school.

B. All access drives shall be located as far as practicable from existing intersections in order to maximize traffic safety and minimize congestion and constricted turning movements.

C. All activities, programs and other events shall be listed on the conditional use application and be directly related to the conditional use certificate so granted. These activities shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general. If any additional activities are proposed that were not included on the approved conditional use certificate, then a new conditional use certificate shall be requested according to the procedures in this Chapter 1111.

D. The structure shall be street oriented with the principal entrance oriented toward the public street.

E. A pedestrian walkway shall be provided from the public sidewalk to the principal entrance.

(2) Requirements in the Residential Districts.

A. The maximum lot coverage is fifty (50) percent.

B. Parking shall be located behind the front line of the principal building. An exception to this requirement may be granted where necessary due to the shallow depth of a parcel, the location of existing mature trees, or other similar circumstances.

C. Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.

D. Exterior lighting shall be compatible with the surrounding neighborhood.

E. Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

F. The scale, massing, and building design shall be compatible with the surrounding neighborhood.

(s) Utility Substation/distribution Facility: Indoor and Outdoor.

(1) Public utility structures, including substations, shall be permitted as a conditional use only when the distribution of service is essential to the immediate neighborhood or when topological features restrict the location of such facility.

(2) Natural or man-made barriers shall be provided to lessen any intrusion into a residential area.

(3) Storage of materials shall be within a completely enclosed building.

(4) Substations, as measured from the outermost edge of the facility, shall be located a minimum of 50 feet from any residential property line.

(5) Wireless telecommunication facilities shall comply with Chapter 1161.

(Ord. 2006-35. Passed 5-25-06.)

Willoughby Hills City Zoning Code

TITLE SEVEN

Zoning District/Use Regulations

1133.01 PURPOSE.

Single Family Residential Districts (R-1 and R-2) and their regulations are established in order to achieve, among others, the following purposes:

(a) To regulate the bulk and location of dwellings and accessory buildings or structures to obtain proper privacy and useable open spaces on each lot appropriate for the various districts;

(b) To provide for proper location of institutions and other community facilities so as to increase the general convenience, safety and amenities within the community;

(d) To regulate the density and distribution of population to avoid congestion and provide adequate public services;

(e) To promote the most desirable and beneficial use of the land in conformity with the Comprehensive Plan; and

(f) To carry out the following specific purposes:

(Ord. 2006-35. Passed 5-25-06.)

1133.02 USE REGULATIONS.

(1) Accessory storage buildings or structures in compliance with Sections 1133.10 – 1133.12.

(2) Fences, walls and landscape features in compliance with Section 1133.10 –1133.12.

(3) Home occupations in compliance with Chapter 1157, General Use Regulations.

(4) Off-street parking areas in compliance with Section 1133.10 – 1133.12 and Chapter 1153, Off Street Parking and Loading Regulations.

(5) Private swimming pools in compliance with Section 1133.10 – 1133.12.

(6) Signs in compliance with Chapter 1151, Sign Regulations.

(e) Schedule 1133.02 Permitted Uses:

	R-1 Traditional Single Family District	R-2 Attached Single- Family/Townhouse District
(a) Residential
(1) Single family detached dwelling (Traditional)	P	P
(2) Single family attached dwelling (Townhouses)		P
(3) Conservation development in Compliance with Chapter 1143	P	P
(4) Family Day Care Home, for 1 to 6 Children (Type B) See §1157.04	P	P
(5) Family Day Care Home (Type A)	C	C
(6) Adult care facility for 3-5 Persons	P	P
(7) Residential facility for 5 or fewer persons	P	P
(8) Residential facility for 6-8 persons	P	P
(b) Community Facilities
(1) Churches/Places of Worship	C	C
(2) Community Recreation Facility	C	C
(3) Day care center, child and/or adult accessory to a conditional use	C	C
(4) Library	C	C
(5) Public Safety Facility	C	C
(6) Schools, elementary & secondary (public or private)	C	C

	R-1 Traditional Single Family District	R-2 Attached Single- Family/Townhouse District
(c) Open Space, Recreation
(1) Nurseries and greenhouses (R- 1)	P
(2) Cemeteries	C	C
(3) Golf courses	C	C
(4) Parks	P	P
(d) Other Uses
(1) Utility substation/distribution facility, indoor	C	C
(2) Wireless telecommunication facility	See Chapter 1161
(e) Accessory Uses
(1) Accessory Buildings	A	A
(2) Fences and walls	A	A
(3) Home Occupations	A	A
(4) Off-street parking/driveways	A	A
(5) Other accessory structures	A	A
(6) Private swimming pools/tennis courts	A	A
(7) Signs	A	A
(R-1) Nurseries and greenhouses shall only be permitted if existing prior to May 25, 2006. If the intensity of the use increases, the use shall be a conditional use subject to the regulations in Chapters 1115 and 1147. In determining whether the intensity of the use is increased, the Zoning Administrator shall consider the factors in subsection 1121.03(c)(1).
P = Permitted by right C = Conditional A = Accessory

(Ord. 2006-35. Passed 5-25-06.)

1133.03 DEVELOPMENT STANDARDS.

(a) R-1 Traditional Single Family District. The following development standards shall be applied to all development in the R-1 Traditional Single Family District.

(1) Minimum Area. The area of a lot shall not be less than the dimensions set forth in Schedule 1133.03 (a).

(3) Maximum Distance of Dwelling from Fire Hydrant. No dwelling unit shall be constructed or maintained at a distance of more than 1,000 feet hose lay, from a fire hydrant.

(4) Schedule 1133.03(a)(4) Development Standards in R-1 District:

	R-1 Traditional Single Family District
(a) Minimum lot area	43,560 sq. ft.
(b) Minimum lot frontage	40 ft.
(c) Minimum lot frontage on cul-de-sacs	40 ft.
(d) Minimum lot width	100 ft.
(e) Maximum lot coverage	25%
In the event that the minimum lot width mandated by subsection 1133.03 (4)(d) is not achieved at a distance of seventy-five (75) feet from the right-of-way line, no property located between the right-of-way line and the point where 100 feet of width is achieved, shall be included for the purpose of determining whether or not the lot complies with the requirements of subsection 1133.03 (4)(a), Minimum Lot Area. However, a single family detached dwelling and accessory buildings may be constructed on any lot that is separately owned or the creation of which, by subdivision, had been approved by the Planning and Zoning Commission prior to May 25, 2006.

(3) Maximum Distance of Dwelling from Fire Hydrant. No dwelling unit shall be constructed or maintained at a distance of more than 1,000 feet, hose lay, from a fire hydrant.

(5) Maximum Density. The residential density in a R-2 Attached Single- Family/Townhouse District shall not exceed four (4) dwelling units per acre.

(6) Building Spacing. The minimum distance separating buildings shall be not less than the distances set forth in Schedule 1133.03(b)(9).

(7) Maximum Coverage. The maximum coverage of the lot, for all areas covered by buildings shall comply with the regulations as set forth in Schedule 1133.03(b)(9).

(8) Maximum Number of Attached Single-Family Units. A building comprised of attached single-family units shall have not more than three (3) such units attached.

(9) Schedule 1133.03(b)(9) Development Standards in R-2 District:

R-2

Attached Single-

Family/Townhouse District

(a) Minimum project area

5 acres

(b) Minimum lot frontage, including cul- de-sacs

100 ft

(1) Main wall to main wall

30 ft.

(2) Main wall to end wall

30 ft.

(3) End wall to end wall

30 ft

(d) Maximum lot coverage by buildings

25%

(e) Maximum dwelling units per acre

4 units

(10) Definitions. The following definitions shall apply to terms used in this Section:

A. Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.

B. End Wall. The outside walls other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.

(Ord. 2006-35. Passed 5-25-06.)

1133.04 SETBACK REQUIREMENTS.

(a) R-1 Traditional Single Family District.

(1) Front Setback. Each lot shall maintain a front setback in compliance with Schedule 1133.04(a), except as otherwise permitted in subsection (2) below.

(Ord. 2006-35. Passed 5-25-06.)

(4) Side Setbacks. Each interior and through lot shall have and maintain two side yards. Schedule 1133.04(a) sets forth the minimum width of any side setback.

(6) Rear Setbacks. Each lot shall maintain a rear setback as specified in Schedule 1133.04(a)(7).

(7) Schedule 1133.04(a)(7) Minimum Setback Requirements in R-1 District:

	R-1 Traditional Single Family District
(a) Minimum front setback	75 ft. (1)
(b) Minimum side setback (each side)	15 ft
(c) Minimum rear setback	40 ft.
(1) Except as otherwise permitted in Section 1133.04 (a)(2) above.

(b) R-2 Attached Single-Family/Townhouse District. The following setback requirements shall be applied to all development in the R-2 Attached Single-Family/Townhouse District.

(3) Parking Setback from Project Boundary. The setback of off-street parking areas from any project boundary shall be not less than the distance set forth in Schedule 1133.04(b)(4).

(4) Schedule 1133.04(b)(4) Minimum Setback Requirements in R-2 District:

R-2

Attached Single-

Family/Townhouse District

(a) Minimum building setback from right-of-way

50 feet

(b) Minimum building setback from private road

30 feet

(1) Project boundary lines abutting an R-1 District

40 feet

(2) Project boundary line abutting all other districts

20 feet

(d) Minimum parking setback from:

(1) Project boundary lines abutting an R-1 District

25 feet

(2) Project boundary line abutting all other districts

15 feet

(3) Right-of-way line

25 feet

(Ord. 2006-35. Passed 5-25-06.)

1133.05 PRINCIPAL BUILDING PROJECTIONS INTO REQUIRED SETBACKS.

(Ord. 2006-35. Passed 5-25-06.)

1133.06 FLOOR AREA REQUIREMENTS.

(b) For attached single-family dwellings, the total floor area shall not be less than 1,250 square feet above finished grade.

(Ord. 2006-35. Passed 5-25-06.)

1133.07 HEIGHT REGULATIONS.

All buildings and structures in any residential district shall comply with the following height regulations:

(a) The height of principal buildings and structures shall not exceed 35 feet.

(b) The height of accessory buildings and structures shall not exceed 18 feet or the height of the principal dwelling, whichever is less.

(Ord. 2006-35. Passed 5-25-06.)

1133.08 COMMON FACILITIES REQUIREMENTS.

(a) Any common facilities established as part of a R-1 or R-2 development shall be either:

(1) Retained by the owners of such development; or,

(2) Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as a common facility.

(Ord. 2006-35. Passed 5-25-06.)

1133.09 DESIGN CRITERIA FOR DWELLINGS IN THE R-1 DISTRICT.

(2) An overhead garage door may be flush with the front Facade of the residence if at least forty percent (40%) of the Facade on which the door is located is comprised of windows; or

(3) An overhead garage door may be flush with the front Facade of the residence if the garage is not more than thirty-five percent (35%) of the length of the street-facing Facade; or,

(4) Designs approved by the Architectural Board of Review.

(Ord. 2006-35. Passed 5-25-06.)

1133.10 ACCESSORY USE REGULATIONS FOR SINGLE-FAMILY DETACHED DWELLINGS.

Accessory uses, buildings and structures permitted in the R-1 district shall comply with the regulations set forth below as well as any applicable standards in Chapter 1157, General Use Regulations.

(e) Location Requirements for Play Structures. Play structures, including but not limited to slides and swings, shall not be permitted in the front yard.

(f) Schedule 1133.10 Permitted Accessory Structures In Front, Side and Rear Setback:

Use	Yard Permitted	Minimum Setback From Lot Line
Use	Yard Permitted	Front	Side	Rear
(a) Attached accessory buildings and structures	None	(1)	(1)	(1)
(b) Detached accessory buildings, including garages	Side (2), rear	NP(3)	15 ft.	15 ft.
(c) Driveways	Front, corner side, side rear	NA	3 ft.	(1)
(d) Fences, walls	Front, corner side, side, rear	See § 1133.11 (e)(2)	(0)	(0)
(e) Uncovered porches, stairs, patios and decks	Side, rear	(1)	(1)	(1)
(f) Private swimming pools	Rear	NP	(1)	(1)
(g) Outdoor storage of recreation vehicle. See also sub-section 1133.11 (b)	Rear	NP	(1)	(1)
Notes to Schedule 1133.10: (1) Shall comply with the development standards and setback requirements for principal buildings set forth in Section 1133.04 . (2) Accessory buildings on corner lots shall be setback seventy-five (75) feet from the side street right-of-way or in compliance with Section 1133.04 (a)(2). (3) One accessory building is permitted in the front yard provided the accessory building is setback a minimum of 200 ft. from the right-of-way line. NP - Not Permitted. NA - Not Applicable.