1272.01 Intent.
1272.02 Conformity to Standards.
1272.03 Prohibited uses.
1272.04 Permitted Land Uses.
1272.05 Density.
1272.06 Open Space Requirements.
1272.07 Development Standards.
1272.08 Street & Improvement Requirements.
1272.09 Homeowners Associations.
1272.10 Phased Development.
1272.11 Procedures.
1272.12 Site Plan Review Criteria.
CROSS REFERENCES
Provisions applicable to all “R” Districts - see P. & Z. Ch. 1258
Accessory buildings in Residence Districts - see P. & Z. 1258.03
Fences, walls and hedges in Residence Districts - see P. & Z. 1258.08
Off-street parking and loading - see P. & Z. Ch. 1284
Security lights required - see B. & H. Ch. 1478
The Open Space/Conservation Districts (OC-1, OC-2) are established to encourage and accommodate creative and imaginative Open Space/Conservation Developments that provide for cluster housing and the preservation of open space and natural features in a unified project. In compliance with the following regulations, it is intended that Open Space/Conservation Developments will utilize innovations in the technology of land development that are in the best interests of the City. These regulations are designed to achieve, among others, the following objectives:
(a) To allow creativity, variety, and flexibility in design as necessary to implement the goals and objectives set forth in this Chapter.
(b) To promote economical and efficient use of land and public services through unified development, especially in areas which contain significant environmental features.
(c) To preserve, to the greatest extent possible, the existing landscape features and amenities, and to utilize such features in a harmonious fashion.
(d) 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 recreation areas and green spaces as well as the creation of functional and interesting residential areas.
(e) To ensure that the proposed Open Space/Conservation Development occurs in a unified manner in accordance with a site plan prepared by the property owner.
(Ord. 2010-059. Passed 3-7-11.)
(a) Because of the special characteristics related to Open Space/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 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 Zoning Code.
(Ord. 2010-059. Passed 3-7-11.)
(a) The dwelling types that are permitted by right within an Open Space/Conservation District are listed in Schedule 1272.04.
OC-1/OC-2 | |
(a) One-family dwelling, detached | P |
(b) Cluster One-family detached dwelling | P |
(c) Two-family dwelling | P |
(d) One-family attached dwelling; with not more than 4 units attached | P |
(e) Accessory Uses, such as community buildings and recreational facilities, detached accessory buildings | P |
P =Use permitted by right | |
(Ord. 2010-059. Passed 3-7-11.)
An Open Space/Conservation Development shall not exceed the densities as set forth in this Section.
(a) Maximum Density. Except as provided for in subsection (c) below, the gross density in an Open Space/Conservation Development shall not exceed the maximum number of dwelling units per acre set forth in Schedule 1272.05 for the district in which the Open Space/Conservation Development is located. The maximum number of dwelling units permitted for a particular site shall be calculated by:
(1) Deducting any public right-of-way within the project boundary existing at the time the site plan is submitted; and,
(2) Multiplying the result of subsection (1) by the maximum number of dwelling units set forth in Schedule 1272.05.
(b) Maximum Number of Units on Any One (1) Acre. The number of units permitted on any one (1) acre of the site shall not exceed the units set forth in Schedule 1272.05. An imaginary square, approximately two hundred nine (209) feet by two hundred nine (209) feet, shall be used to determine the maximum number of units on any one (1) acre of the site.
OC-1 | OC-2 | |
(a) Maximum dwelling units per acre | 1.7 | 2.2 |
(b) Maximum net density on any one acre | 4(a) | 6(a) |
(a) If a density bonus is granted pursuant to Section 1272.05(c), the maximum net density on any one (1) acre may be increased as approved by the Planning Commission. | ||
(c) Density Bonus. The Planning Commission may permit a density bonus to increase the maximum density set forth in Schedule 1272.05. The maximum dwelling units per acre shall not exceed twenty-five percent (25%) of the permitted maximum given in Schedule 1275.05. Such density bonus may be permitted under the following circumstances:
(1) Protection of the ecologically highest quality natural areas such as those identified in the Fairlawn Comprehensive Plan Update: Cleveland-Massillon Road Area;
(2) Provision of storm water management techniques that maintain or enhance existing storm water management patterns, especially those identified in the Fairlawn Comprehensive Plan Update: Cleveland-Massillon Road Area;
(3) Restoration of natural resources to further buffer dwellings units from higher intensity development, such as discussed in the Fairlawn Comprehensive Plan Update: Cleveland- Massillon Road Area, and provision of greater buffers from the project boundary than required by this Chapter; or,
(4) Provision of greater amounts of open space than required by this Chapter to further the City's goals of creating conservation development in those areas identified with an Open Space/Conservation use designation in the Fairlawn Comprehensive Plan Update: Cleveland-Massillon Road Area.
(Ord. 2010-059. Passed 3-7-11.)
A portion of the area in an Open Space/Conservation Development shall be devoted to open space.
(a) General Standards. The open space shall comply with the following regulations:
(1) The minimum open space required shall be fifty percent (50%) of the entire project area in OC-1 District and thirty-five percent (35%) in the OC-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 (2) 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, setbacks, or spacing 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 accessible to residents of the Open Space/Conservation Development.
(4) Open space shall be designed and located to preserve significant natural features 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 site 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-five (25) 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. Floodplain Protection. A minimum building and pavement setback of twenty- five (25) feet from a designated floodplain.
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.
(5) When approved by the City, a portion of the 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 open space established shall be:
A. Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as open space;
B. Given to a land trust or other conservation organization recognized by the City; 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 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 open space.
(7) The legal documents relating to the ownership, management, public easements if any, and maintenance of such open space shall be reviewed and approved by the City's Law Director. The Law Director shall indicate such approval prior to the final site plan being approved.
(b) Recreation Allowances. With the exception of extremely environmentally sensitive areas, passive recreation shall be permitted in 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 open space. Recreational facilities proposed to be constructed in dedicated open space shall be clearly shown on the site plans.
(c) Prohibition of Further Development of Open Space. The open space, required by Section 1272.06, 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 Summit County.
(Ord. 2010-059. Passed 3-7-11.)
The following specific development standards shall be adhered to in the design and layout of any Open Space/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 1272.07.
(b) Minimum Separation Between Buildings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks, patios and similar features shall be separated by the minimum spacing set forth in Schedule 1272.07.
(c) Height Requirements. No principal building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, except as provided in Section 1288.02. Accessory buildings shall not exceed eleven (11) feet in height.
(d) Lot Requirements. Dwelling units are not required to be on lots. However, when lots for standard detached one (1)-family dwellings or subdivision lots for cluster one (1)-family detached dwellings are included as part of a Open Space/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-five (35) feet from an existing public street right-of-way and from a perimeter side or rear property line is required. The buffer area shall be landscaped as required by Section 1296.06(g) in order to provide adequate landscaping between the proposed development and adjacent areas.
(f) Utilities. Underground utilities, including telephone and electrical systems, are required within the limits of a Open Space/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 Open Space/Conservation Development.
(g) Sewage Disposal. Development shall be served by public sewage disposal structures.
(h) Additional Standards. Additional development requirements, whether standards or criteria, formulated to achieve the objectives of the Open Space/Conservation Development may be established at the time a Open Space/Conservation Development site 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 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. However, if the Planning Commission permits the required open space to be located on individual, subdivided lots, a deed restriction or other legal mechanism should be utilized to ensure that the required open space remains in the state shown on the approved final site plan.
OC-1/OC-2 | |
(a) Minimum Setbacks | |
(1) Building | |
° Existing street right-of-way | 75 ft./30 ft. |
° Internal street(a) | 30 ft. |
° Setback from project boundary, other than a public street(c) | 50 ft. |
(2) Parking(b) | |
° Existing street right-of-way | 30 ft. |
° Setback from project boundary, other than a public street(c) | 35 ft. |
(b) Minimum Spacing Between Buildings | 15 ft.(d) |
(a) 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 edge of the pavement of the street. (b) Parking shall be provided in accordance with the requirements of Chapter 1284. (c) The project boundary line shall include all lot lines that divide the tract of land developed for Open Space/Conservation Development from adjacent lots not included in the development. | |
(Ord. 2010-059. Passed 3-7-11.)
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