Village of Boston Heights OH, Planning and Zoning Code

 

CHAPTER 1151
Districts and Map Established; Generally Applicable Provisions.

 

1151.01 Districts designated.

1151.07 Off Street Parking Spaces.

1151.02 District Map.

1151.08 Parking Requirements.

1151.03 Zoning of vacated streets.

1151.09 Landscaping Requirements.

1151.04 General Provisions.

1151.10 Certificate of Zoning Compliance.

1151.05 Site Plan Review.

1151.11 Signs.

1151.06 Conformance with Site Plans.

 

CROSS REFERENCES

Basis of districts - see Ohio R. C. 713.10

Zoning of annexed areas - see Ohio R.C. 303.25, 519.18

 

1151.01 DISTRICTS DESIGNATED.

In order to classify, regulate and restrict the location of trades, residences, recreation and other land uses and the use of buildings and structures designed for special uses, to regulate and limit the height, bulk, number of stories and size of buildings and other structures hereafter attempted to be located on land in any zoning district; to regulate and limit the percentage of lot areas which may be occupied, provide setback building lines, size of yards, courts and other open spaces within and surrounding business, the density of population, the territory within the Municipality is hereby divided into five districts. All such regulations shall be uniform throughout each class or kind of building or structure. Districts shall be known as:


Residential District (RES)
Office/Professional District (OP)
General Business District (GB)
Retail Business District (RB)
Light Manufacturing District (LM)

(Ord. 12-2005. Passed 3-9-05.)

1151.02 DISTRICT MAP.

(a) The districts and their boundary lines are indicated upon the map of the Municipality which map is made a part of this Zoning Ordinance. The District Map together with all notations, references and other matters shown thereon are hereby declared a part of this Zoning Ordinance.

(b) The zoning classification map attached to Ordinance 12-2005 as Exhibit "B" is hereby accepted and ratified by Council.

(Ord. 12-2005. Passed 3-9-05.)

1151.03 ZONING OF VACATED STREETS.

Whenever any street or public way is vacated by official action of Council, the zoning districts adjoining each side of the street or public way, shall be automatically extended to the center of such vacations and all areas included in the vacation shall thereafter be subject to all regulations of the extended districts.
(Ord. 13-1959. Passed 9-9-59.)

1151.04 GENERAL PROVISIONS.

(a) Any Non-residential District use shall have a buffer of undeveloped land between said use and a Residential District area. Undeveloped land means, at a minimum, that no structure, parking area, or open storage will be permitted thereon. Said buffer shall not be less than 100 feet. If there is a road separating the two districts areas then the buffer area shall be measured from the center of the right-of-way.

(b) Any use approved by either the Planning Commission or the Board of Zoning Appeals shall be initiated through procuring of permits and beginning construction within one year of approval.

(c)

(1) Every building intended for business, commercial and/or industrial use shall be constructed of fireproof or semi-fireproof building materials in accordance with Chapter 1373 and as approved by the Ohio Basic Building Code. All buildings constructed in the Office/Professional, General Business, and Retail Business Districts shall be constructed of brick or ornamental masonry exterior. Buildings constructed for conditional uses in the Residential District shall also be constructed of brick or ornamental masonry exterior.

(2) The office portion of any building constructed in the Light Manufacturing District shall be constructed of brick or ornamental masonry exterior. Additionally, any part of portion of a building constructed in the Light Manufacturing District that is visible from any street or highway shall be constructed of brick or masonry exterior.

(3) No illuminated fascias, roofs, arches, or other plastic structures or materials may be incorporated in the exterior design of any building constructed in the Office/Professional, General Business, Retail Business, or Light Manufacturing District, or any building constructed for a conditional use in a Residential District.

(Ord. 222005. Passed 9-14-05.)

(d) The provisions of Chapters 1151 through 1162 shall not be construed to remove or render inoperative any restrictions on land established by restrictive covenants. However, when any provision of this chapter imposes a greater restriction upon buildings or premises than is imposed by any such restrictive covenants, the provisions of this chapter shall control and be in force and effect.

(e) All plans in connection with the development of any real estate for use in accordance with this chapter shall be submitted to the Planning Commission for approval and to Council for its approval of traffic patterns involving ingress and egress to the proposed site. Council shall take special care to avoid creating a situation where heavy traffic associated with a Non-Residential site would be directed through Residential districts.

(Ord. 12-2005. Passed 3-9-05.)

1151.05 SITE PLAN REVIEW.

All business uses in the Office/Professional, General Business, Retail Business, and Light Manufacturing Districts, and conditional uses in the Residential District, shall be permitted only after site plans are submitted to the Planning Commission and the site plans are reviewed and approved by the Planning Commission and/or the Village Engineer should the Planning Commission refer it to the Village Engineer. The following general requirements must be met:

(a) The site plan shows that a proper relationship does exist between thoroughfares, service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety.

(b) All the development features, including the principal buildings, open spaces, service roads driveways and parking areas are located and related as to minimize the possibility of any adverse effects and to maintain harmony with adjacent developments.

(c) The site plan includes adequate provision for the screening of parking areas and service areas from surrounding property by landscaping.

(d) Grading and surface drainage provision are reviewed and approved by the Village Engineer. All drainage calculations and a drainage area map shall be provided for all developments.

(e) Maximum possible privacy for surrounding residential property shall be provided through good design and the use of proper building materials and landscaping. Visual privacy shall be provided through structural screening and landscaping treatment.

(f) The architectural design of commercial buildings shall be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, materials, line in pattern and character.

(g) The site circulation shall be designed to assure adequate fire and police protection.

(h) Building location and placement shall be developed with consideration given to minimizing removal of trees.

(i) In parking areas with front yard frontages greater than 400 feet, visual relief shall be provided through the use of tree planted and landscaped dividers, islands, and walkways. Landscaping and planting shall be a minimum of twenty percent (20%) of the side yard parking area and ten percent (10%) of the rear yard parking area.

(j) Lighting shall not create a nuisance and shall in no way impair safe movement of traffic on any street or highway. No light shall shine directly on adjacent property. No strings of open light bulbs shall be permitted.

(Ord. 12-2005. Passed 3-9-05.)

1151.06 CONFORMANCE WITH SITE PLANS.

The following regulations concerning conformance with Site Plans shall apply to all business uses in the Office/Professional, General Business, Retail Business, and Light Manufacturing Districts, and conditional uses in the Residential District:

(a) The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, and installation of landscaping fences, lighting, and walks shall conform to the site plan approved pursuant to Section 1151.05.

(b) Any revisions in the site plan after final approval by the Planning Commission pursuant to Section 1151.05 must be resubmitted for approval by the Commission.

(c) Any subsequent construction, reconstruction, or changes in topography or the commercial uses of the property not previously approved pursuant to Sections 1151.05 must be submitted to the Planning Commission for their approval.

(d) A performance bond made payable to the Village of Boston Heights in the amount of one hundred percent (100%) of the construction cost shall be required for issuance of a zoning certificate in the Office/Professional, General Business, Retail Business and Light Manufacturing Districts, and for conditional uses in the Residential District. After all conditions of the Zoning Ordinance are met, the bond shall be returned to the owner. Such bond shall be issued by a bonding company acceptable to the Zoning Inspector and the Planning Commission.

(Ord. 22-2005. Passed 9-14-05.)

1151.07 OFF STREET PARKING SPACES.

The following allocation of off street parking spaces shall apply to business uses in the Office/Professional, General Business, Retail Business and Light Manufacturing Districts, and conditional uses in the Residential District:

(a) Auditorium, stadium and similar uses: one for each three seats based on maximum seating capacity.

(b) Automobile repair garages: one for each employee plus one for each 500 square feet, or fraction thereof, of total gross floor area.

(c) Barber shops and beauty parlors: four for each barber or beauty operator.

(d) Business and professional offices, banks and studios: one for each 150 square feet, or fraction thereof, of total gross floor area plus one space for each employee.

(e) Churches and school auditorium: one for each three seats in principal auditorium, based on maximum seating capacity.

(f) Clubs and lodges: one for each 150 square feet or fraction thereof, of total floor area, or one of each two seating spaces in the assembly room, whichever is larger.

(g) Hospitals; one parking space for each bed, plus one space for each employee.

(h) Convalescent, nursing and health homes; one parking space for each two beds, plus one space for each employee.

(i) Laundromat: one for each two washing machines.

(j) Quasi public or institutional meeting facilities; one parking space for each three seats and based on maximum seating capacity.

(k) Medical and dental offices and clinics: five for each physician or dentist plus one for each employee.

(l) Funeral homes: minimum of 100 parking spaces.

(m) Restaurants: one for each two seats of maximum designed capacity, plus one space for each employee.

(n) Small retail stores and personal service shops: one for each 100 square feet, or fraction thereof, of total gross floor area.

(o) Supermarkets, department stores and similar large retail stores: one for each 100 square feet, or fraction thereof, of total gross floor area.

(p) A minimum of ten car stalls for each 1,000.00 square feet of total gross floor area shall be provided whenever building usage is not specified.

(Ord. 12-2005. Passed 3-9-05.)

1151.08 PARKING REQUIREMENTS.

The following parking requirements shall apply to business uses in the Office/Professional, General Business, Retail Business and Light Manufacturing Districts, and conditional uses in the Residential District:

(a) Parking shall be provided with buildings of undesignated uses. The builder or developer must comply with the requirements of Sections 1151.07.

(b) Stalls shall be at least ten feet wide and twenty feet in length and shall be striped.

(c) The width of the parking unit consisting of one lane and the opposite two 45 degree angle parking stalls shall be at least fifty-three feet. The width of the parking unit consisting of one lane and adjacent two 90 degree angle parking stall shall be at least sixty-five feet. Each lane shall conduct traffic in one direction only.

(d) The parking area shall be paved with asphalt or concrete and contain adequate base material. Concrete parking areas shall consist of either a six-inch minimum depth of item 452 plain portland cement concrete pavement or six inch minimum depth of item 451 reinforced portland cement concrete pavement, and shall have a sub-base consisting of a minimum thickness of three inches of item 310 as designated by the Ohio Department of Transportation current dated construction and material specifications. Asphalt parking areas shall consist of a one and one-half inch minimum depth of 488 asphalt, and shall have a base consisting of a minimum of two inches of item 304 aggregate base as designated by the Ohio Department of Transportation current dated construction and material specifications.

(e) All parking, loading areas and drives shall have adequate drainage so that all water is drained within the lot on which the parking area or drive is located in such a manner that water shall not drain off the parking facility pavement except through the proper sewers.

(f) Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersection corners. There shall not be more than two accessways abutting any one street. Such accessways shall have a throat width of not less than twenty-five feet and a width using a minimum of twenty feet radius curve from the street curb line. All points of ingress and egress shall be located at least 100 feet from all major road intersections and at least 100 feet from all local or minor street intersections. All State and County highways shall be considered major streets.

(g) Provide ramp for handicapped persons.

(Ord. 12-2005. Passed 3-9-05.)

1151.09 LANDSCAPING REQUIREMENTS.

The following landscaping requirements shall apply to business uses in the Office/Professional, General Business, Retail Business and Light Manufacturing Districts, and conditional uses in the Residential District:

(a) Prior to approval of the site plan, the Planning Commission shall require:

(1) A landscaping plan of the site which shall show location and size of property, existing and proposed contours, location of all existing and proposed buildings, drives, sidewalks and parking area, existing and proposed landscaping.

(2) An estimate from a recognized landscaping firm of the cost of the proposed landscaping.

(3) A performance bond in the amount of the estimate calculated in subsection (a)(2) hereof shall be deposited with the Clerk-Treasurer to ensure faithful performance of all landscaping provided in such construction. Further, the bond must be issued by a recognized and approved bonding company and shall be for a period commensurate with the completion of the landscaping plan. Should an occupancy permit be issued prior to the completion of the landscaping plan, then the performance bond shall be renewed for that period of time which shall assure faithful compliance of the landscaping plan.

(b) All landscaping shall be completed or provided for completion as approved by the Planning Commission before an occupancy permit shall be issued. However, in the case of winter occupancy (After November 1) all planting is to be completed by the following May 1.

(c) Artificial landscaping and plantings are specifically prohibited.

1151.10 CERTIFICATE OF ZONING COMPLIANCE.

All buildings constructed in the Office/Professional, General Business, Retail Business and Light Manufacturing Districts shall comply with the requirements of Section 1147.01 regarding certificates of occupancy.

(Ord. 12-2005. Passed 3-9-05.)

1151.11 SIGNS.

All signs, other than traffic, speed, and directional signs, in the Residential, Office/Professional, General Business, Retail Business and Light Manufacturing Districts shall comply with the requirements of Chapter 1179.


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