1258.05   YARD REGULATIONS.
   For every main or accessory building the following minimum yards shall be provided:
   (a)   Front Yards.
      (1)   There shall be a front yard setback of not less than sixty feet for all buildings in the business unless otherwise shown on the Zoning Map, and no portion of the building or structure except gasoline pumps shall project and no merchandise shall be displayed in front of the setback line. A front yard variance in excess of twenty percent for any development in the Business District may be allowed provided that it is approved by the Planning Commission and by the BZA and provided that it meets the following criteria:
         A.   The developer desires to construct business units on the first floor and either condominiums or apartments on the second floor (and higher floors if applicable and the developer's plan is to create a "Main Street" type of development that is similar to downtown Willoughby where the buildings are constructed adjacent to the sidewalk;
         B.   The developer's plan includes at least 120 feet of contiguous frontage along Andrews Road;
         C.   The developer's plan will be in harmony with the existing or intended character of the neighborhood and that such use will not change the essential character of the area;
         D.   The developer's plan is determined to be architecturally compatible with the adjacent properties and the developer's plan meets the following standards:
            1.   Building setbacks and arrangement should help define the street, frame corners, encourage pedestrian activity and define both public and private spaces;
            2.   Minimize setbacks at major intersections so that the architecture can define the area;
            3.   Contiguous building arrangement along the street-face is encouraged to avoid large breaks between buildings. Breaks to allow pedestrian connections are acceptable. Building wall offsets, including projections, recesses, and changes in floor level shall be used in order to add architectural interest and variety, and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets shall be provided, in order to add architectural interest and variety, and to relieve the effect of a single, long roof;
            4.   Around common open space, use buildings to define edges and provide a comfortable scale;
            5.   Monotony of design shall be avoided. Variation of detail, form and siting shall be used to provide visual interest.
      (2)   Gasoline pumps at any service station or garage may be erected in front of the building line, but not less than twenty feet from the front lot line of any street, and the driveways, platforms and curbs on the premises shall be designed to service vehicles standing only within the premises.
      (3)   The front yard may be developed for parking.
   (b)   Side Yards. Each hotel or motel constructed in the Business District shall comply with the yard regulations of Multifamily Residential Districts. Any other building on a lot which adjoins a Residential District shall have a side yard on that adjoining side of not less than twenty-five feet.
   (c)   Rear Yards. Rear yards shall be not less than thirty feet for any main or accessory building on a lot which adjoins a Residential District.
   (d)   Buffering and Screening.  Screening and buffering when lot abuts a Residential District. When a lot in any Business District abuts a Residential District, screening and buffering along the entire length of the common boundary shall be provided in accordance with the following regulations.
      (1)   Width of buffer yard.  Each required buffer yard shall have the minimum width specified below for the district in which it is located:
         A.   When a Business District (I or II) abuts a Residential District, the buffer yard shall be at least five feet wide.
      (2)   Screening within the buffer yard shall consist of both:
         A.   Privacy fence (on property line). No fence permit of any kind shall be issued unless the applicant for the fence permit locates the survey property pins where the fence is to be located and proves such fact to the Zoning Inspector at the time of applying for the fence permit. In the event that the property pins cannot be located, then before the fence permit can be issued, the applicant for the fence permit shall have a boundary survey prepared and sealed by a surveyor registered in the State of Ohio so that property pins are established along the property line where the fence is to be located;
         B.   Dense vegetative planting of a variety which shall be equally effective in winter and summer.
      (3)   The height of the screening shall be in accordance with the following:
         A.   Privacy fence shall be eight feet high measured from the natural grade;
         B.   Vegetation shall be a minimum of six feet high measured from the natural grade and may exceed eight feet if properly maintained. The required height shall be achieved no later than twelve months after the initial installation.
      (4)   All screening shall be free of advertising or other signs.
      (5)   The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.
      (6)   Screening and buffering plan must be approved by the Planning and Zoning Commission prior to enactment.
(Ord. 79-O-14. Passed 7-24-79; Ord. 2018-O-24.  Passed 8-28-18; Ord. 2019-O-25.  Passed 11-12-19.)