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North Royalton Overview
North Royalton Code of Ordinances
CITY OF NORTH ROYALTON, OHIO CODIFIED ORDINANCES
DIRECTORY OF OFFICIALS (2024)
COMPARATIVE SECTION TABLE
COMPARATIVE SECTION TABLE - ZONING
CHARTER OF THE MUNICIPALITY OF NORTH ROYALTON, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
TITLE TWO - Planning
TITLE FOUR - Subdivision Regulations
TITLE SIX - Zoning
CHAPTER 1260 General Provisions and Definitions
CHAPTER 1262 Administration, Enforcement and Penalty
CHAPTER 1264 Board of Zoning Appeals
CHAPTER 1266 Amendments
CHAPTER 1268 Districts Generally and Zoning Map
CHAPTER 1270 Residential Districts (Other Than Senior Citizen and Rural Residential Districts)
CHAPTER 1272 Senior Citizen District
CHAPTER 1273 Rural Residential Districts
CHAPTER 1274 Public Facilities Districts
CHAPTER 1276 Business Districts
CHAPTER 1278 Industrial Districts
CHAPTER 1280 Planned Unit Developments (Repealed)
CHAPTER 1281 Traditional Town Center/Main Street District (TCD)
CHAPTER 1282 Off-Street Parking and Loading
CHAPTER 1284 Signs
CHAPTER 1286 Nonconforming Uses
CHAPTER 1288 Buffering
Appendix I: Illustrations of Yard Regulations for Multifamily Dwellings
Appendix II: Parking Area Design Standards
Appendix III: Illustrations of Yards and Building Line
CHAPTER 1290 Wireless Telecommunications Facilities
CHAPTER 1292 Wind Energy Turbines
COMPARATIVE SECTION TABLE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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1270.26 TEMPORARY BUILDINGS AND ENCLOSURES.
   (a)   Permitted Buildings and Uses. Temporary structures may be permitted in any Residential District if such structures are deemed necessary for construction operations relative to the dwellings and accessory buildings of the area, for which operations a building permit has been issued, provided that:
      (1)   Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building materials, and workshops for prefabricating building components.
      (2)   The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a Residential District that is being developed.
      (3)   The hours of operation shall be restricted to the hours between 8:00 a.m. and 6:00 p.m., excluding Sundays, and the concentration of vehicles attracted to the premises in connection with such use shall not be more hazardous than normal traffic in a Residential District that is being developed.
      (4)   All temporary structures shall be located at least 100 feet from the nearest occupied residential dwelling.
      (5)   All structures and yard storage areas are enclosed by an opaque fence.
      (6)   A conditional use permit for such temporary structures has been applied for and approved, along with special conditions that may be required in accordance with Section 1262.07.
   (b)   Removal of Structures. All temporary structures shall be removed within thirty days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.
(Ord. 89-210. Passed 2-6-90.)
1270.27 SWIMMING POOLS.
   (a)   For purposes of this Zoning Code, swimming pools shall be defined and classified as follows:
      (1)   "Swimming pool" means an open tank or other structure not located within a completely enclosed building and designed so as to contain at least three feet in depth of water at any point, including the lounging and spectator areas and any accessory buildings or structures or equipment.
      (2)   "Private swimming pool" means a pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.
      (3)   "Club swimming pool" means a pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.
      (4)   "Commercial swimming pool" means a pool operated for a profit and open to the public upon payment of a fee.
(Ord. 89-210. Passed 2-6-90.)
   (b)   Swimming pools may be permitted and located in accordance with the following:
      (1)   Private pools may be located in a Residential District as an accessory use to a dwelling. The pool and any accessory buildings or structures or equipment shall not be located in a front or side yard and shall be not less than fifteen feet from any lot line.
         A.   Any pool more than ten feet across in horizontal measurement and/or more than thirty-six inches deep shall not be considered portable and must comply with fencing requirements as set forth in paragraph B. below.
         B.   All fences enclosing swimming pools shall be in accordance with Chapter 1467 and Section 1482.06.
         C.   All fences, whether immediately around the pool or the entire yard, whether new or existing, shall be a minimum of four feet high to a six feet maximum height and shall have an effective means of denying access to the area, such as a locked gate.
         D.   In the case of an above-the-ground pool, the walls of the pool above ground may be used as the lower portion of the four-foot high fence requirement. The added upper portion must be of sturdy construction and shall comply with the requirements of Section 1482.06(a) of the Codified Ordinances. Some effective means must be provided to deny access to the pool when the pool is not in use or a responsible person is not in attendance. (Example: Ladders must be removed and secured elsewhere; stairs must be raised and locked in the “up” position.)
         E.   All pools must be at least fifteen feet away from the residence, in the rear yard, and be fifteen feet away from property lines. (A deck attached to a pool must meet the side and rear yard setback requirements of this Zoning Code for that zoning area.)
         F.   Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots. A compact hedge may also be required by the Planning Commission to insulate the pool from adjoining property.
(Ord. 90-119. Passed 9-4-90; Ord. 02-140. Passed 1-7-03; Ord. 15-11. Passed 1-20-15.)
      (2)   Club pools may be located in a Residential District if the lot on which they are located is not less than three acres in area and if access to it is provided only from a major arterial or collector street. The pool and any accessory buildings or structures or equipment shall be located not less than seventy-five feet from any adjoining residential lot line. At least one-half of an off-street parking space shall be provided for each member, located not less than twenty-five feet from any adjoining residential lot line and constructed as required in Section 1282.10. The premises or area occupied by the pool shall be fenced, and lighting fixtures designed and located, as set forth under private pools.
      (3)   Commercial pools may be located in any zoning district except residential, provided that all the regulations of this Zoning Code pertaining to club pools are complied with.
   (c)   Permits. A swimming pool permit shall be required for each private pool. A conditional use permit shall be required for each club pool in a Residential District and each commercial pool. Conditional use permits shall be renewed each year for commercial pools. A detailed site plan shall be submitted with each application for a permit. Construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by other ordinances and codes of the City. All permanent pools three feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools three feet in depth and over shall require the approval of the State Board of Health.
(Ord. 89-210. Passed 2-6-90.)
1270.28 SIGNS.
   Signs in Residential Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations set forth in Chapter 1284.
(Ord. 89-210. Passed 2-6-90.)
1270.29 PARKING.
   Parking in Residential Districts shall be in accordance with the regulations set forth in Chapter 1282.
(Ord. 89-210. Passed 2-6-90.)
1270.30 GROUP DEVELOPMENT; MULTIFAMILY DWELLINGS.
   (a)   Intent. In order to encourage greater attractiveness, flexibility and utilization of yard spaces, and to provide for the comprehensive review of group developments, a group of two or more contiguous single-family attached (townhouse or plex) dwellings, or a group of two or more apartment dwellings, may be designed and developed as a unit in accordance with this section. The provisions of this section apply to groups of apartments or single-family attached dwellings on land zoned in RM-D and SC Districts.
   (b)   Preliminary Plan of a Group Development Area. Subject to the requirements of this section, a developer shall submit to the Planning Commission a preliminary plan of a group development by filing ten copies thereof with the Planning Commission. The preliminary plan of a group development shall indicate the location and arrangement of all uses proposed for the group development area and shall, unless waived by the Planning Commission as not being applicable, indicate the following items:
      (1)   The topography, at two-foot contour intervals, of the proposed development area, including property lines, easements, street rights of way and existing structures, trees and landscape features, including a certificate, by the registered engineer, architect or surveyor, of the gross area of the development area in acres and square feet;
      (2)   The proposed vehicular and pedestrian traffic patterns, including the proposed location and design of public and private streets, the directional flow and location of existing and proposed storm and sanitary sewers, and sewers connecting with existing or proposed Municipal interceptor, outlet or trunk sewers outside of the development area, the location and design of parking and service areas, and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits;
      (3)   The proposed assignment of use and subdivision of all land, including private land and common land, with a certificate by a registered engineer or surveyor of the gross area of each use of the development area in acres and square feet;
      (4)   The location of all structures in the development area to be retained, all structures to be removed, and all structures lying outside of the boundaries of the development area, located within 200 feet thereof;
      (5)   The proposed forms of covenants running with the land, deed restrictions (including those with respect to the use of the common land), covenants, restrictions or easements proposed to be recorded, and covenants proposed for maintenance;
      (6)   A schedule of construction and cost estimates for the completion of the development, including all public and private improvements in the development area; and
      (7)   Such other relevant information as the Planning Commission may require.
   Upon receipt of a preliminary plan, the Planning Commission shall transmit a copy to the City Engineer, the City Planner, and, at the Planning Commission's discretion, the Police and Fire Departments. A copy of all covenants, restrictions and easements to be recorded and covenants for the maintenance of common areas shall be submitted to the Law Director. All parties reviewing plans and legal documents shall submit this report and recommendation in writing to the Planning Commission within thirty days after the initial submission of plans and documents. Within sixty days after a preliminary plan has been filed, the Planning Commission shall evaluate the preliminary plan and recommendations listed above, and shall make a finding that the preliminary plan complies with the regulations, standards and criteria prescribed by this Zoning Code for a group development, or a finding of any failure of such compliance, and shall act to approve, disapprove or modify such preliminary plan.
   (c)   Final Plan of a Group Development Area. The developer of any parcel or parcels of land for which a preliminary plan has been approved by the Planning Commission may prepare and submit a final plan of the group development area, or a phase thereof. The final plan shall contain, unless waived by the Planning Commission as not being applicable, the following items:
      (1)   A site plan, including the proposed public and private street system with rights of way, all easements, the use and subdivision of all land, including common and private land, and the location of each existing structure to be retained;
      (2)   A plat of the development area showing street rights of way, subdivided and common land, and easements, in accordance with the requirements of the Subdivision Regulations of North Royalton which shall be in a form for recording;
      (3)   Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination and all other site features of the development area or that portion of the development area to be developed, designed in accordance with the Subdivision Regulations and Building Codes of North Royalton;
      (4)   A detailed landscape plan showing all site features and finished grading for public and private lands within the development area;
      (5)   The final form of covenants running with the land, deed restrictions (including the use of common land), covenants, restrictions or easements to be recorded, declarations of covenants, restrictions and bylaws of a home association and its incorporation, and declaration of condominium ownership and other covenants, if any, for maintenance;
      (6)   The estimated project cost, including estimates for all public and private improvements;
      (7)   A construction schedule and land disposition program; and
      (8)   In the event the final plan of a development area includes the subdivision of land, any map, plat or other data required for compliance with the provisions of the Subdivision Regulations of North Royalton.
   If the Planning Commission finds that the final plan is in accordance with and represents a detailed expansion of the preliminary plan previously approved, that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed, and, where applicable, all provisions of the North Royalton Subdivision Regulations have been complied with and approvals obtained from the Engineer, then the Commission shall, within sixty days after a final plan has been filed, approve such final plan. Following approval of a final plan of a group development, the Building Commissioner shall be so notified and building and other prints may be issued upon payment of required fees.
   If the Planning Commission determines that the final plan is not in substantial accordance with the intent of the approved preliminary plan, the developer shall be required to either resubmit, subject to full review, a new preliminary plan, or modify and resubmit a final plan which represents a detailed expansion of the preliminary plan previously approved.
   A developer, having obtained final approval of a preliminary plan of a development area, may accomplish the development in progressive stages as may be approved by the Planning Commission.
   When the final plan of the development area provides for partial development of the total area for which a preliminary plan has been approved, the Planning Commission may require detailed plans for all improvements in the development area to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
   (d)   Permitted Main Buildings and Uses. Permitted main buildings and uses in a group development area are the same as those permitted in RM-D Zoning Districts.
   (e)   Area, Yard and Height Regulations. Area, yard and height requirements in a group development area shall be in accordance with Sections 1270.05 and 1270.06.
   (f)   Townhouse Dimensions. Townhouse dimensions in a group development area shall be in accordance with Section 1270.06(g).
   (g)   Land Planning Criteria. The following planning criteria are hereby established to guide the design and development of a group development area. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage the imaginative arrangement of buildings, open space and landscape features, including walks, drives and parking. Although latitude in design is encouraged, the following design shall be met in a group development area.
      (1)   Access. Dwelling units within a group development area may be arranged in clusters. Each dwelling unit within such group or cluster shall be accessible, by means of a private cluster drive, to service emergency vehicles in a manner acceptable to the City Engineer, provided that:
         A.   The method of construction and construction materials for private drives meet accepted engineering practice and are approved by the City Engineer.
         B.   The location, design and construction of all utilities on private or "common" land are approved by the City Engineer.
         C.   The preservation and maintenance of all private drives and utilities on private land are assured by compliance with the requirements of Ohio R.C. Chapter 5311, and the Declaration of Condominium Ownership, including Drawings and Bylaws, are approved by the Law Director.
      (2)   Parking. Parking in a group development area shall be in accordance with the requirements set forth in Chapter 1282.
(Ord. 89-210. Passed 2-6-90.)
1270.31 SUPPLEMENTAL REGULATIONS FOR THE RESIDENCE/PROFESSIONAL OFFICE DISTRICT.
   (a)   Permitted Uses. Permitted uses in the RPO District are as follows:
      (1)   One-family uses;
      (2)   Accessory buildings and uses, including:
         A.   Private garages and parking areas;
         B.   Private gardens and recreational uses;
         C.   Structures, pools, fences and walls;
         D.   Home professional offices as regulated in Section 1270.03(b);
         E.   Home occupations as regulated in Section 1270.03(c);
         F.   Renting of rooms and/or accessory living accommodations;
         G.   Nameplate, bulletin board or real estate sign; and
         H.   Household pets as regulated in Section 1270.03(e), but excluding horses.
      (3)   Residence/professional offices. A residence/professional office use may be permitted in a Residence/Professional Office District, including, but not limited to, the following professions: accountant, appraiser, insurance agent, architect, lawyer, musician, physician, realtor, marriage counselor, barber, beautician, word processor, dentist, orthodontist, photographer, data processor, engineer or planner.
         In addition, City Council, with the prior review of the Planning Commission, may permit any other professional use which is omparable in character to any of the above uses listed in this section, provided that such use meets all of the other regulations and conditions of this section and this Zoning Code. Each residence/professional office use shall meet the following supplemental regulations and conditions.
   (b)   Use.
      (1)   Not more than two professional businesses shall be conducted in any single residence/professional office building, and these two businesses shall be conducted wholly within the main use.
      (2)   There shall be only one main building per lot.
   (c)   Parking and Drives.
      (1)   The number of automobile parking spaces required and provided (excluding enclosed garage spaces) shall not exceed five automobile spaces per each 1,500 square feet of the main building. The number of vehicles attracted to the premises shall not be greater than permitted in accordance with these provisions.
      (2)   All driveways and parking areas shall be paved in asphalt or concrete, and paved hard-surface shall not exceed twenty percent of the total lot area. All unpaved areas not covered by buildings shall be landscaped and properly maintained.
      (3)   Driveways shall not exceed eighteen feet in width.
      (4)   No commercial vehicle or truck may be stored on the premises.
      (5)   There shall be no off-street parking permitted in the front yard.
   (d)   Lot Area.
      (1)   A residence/professional office use shall be permitted only on lots equal to or greater than the R1-B minimum lot area of 13,600 square feet.
      (2)   The maximum building ground cover shall be thirty-five percent of the lot area.
   (e)   Design Standards.
      (1)   The residential character of the dwelling exterior shall be maintained and any new construction shall be of a residential character in its exterior design, scale, materials, color, landscaping and building elements, such as doors and windows.
      (2)   Height of buildings shall be no greater than thirty-five feet or two and one-half stories.
      (3)   All buildings and site improvements shall be reviewed and approved by the Planning Commission.
   (f)   Performance Standards.
      (1)   No equipment shall be used which will create objectionable disturbances beyond the premises.
      (2)   No window display or signboard is to be used to advertise occupations or services. However, an identification nameplate provided for in Section 1284.07(a) may designate the permitted professional use therein.
      (3)   No merchandise or product is to be sold, manufactured or stored on the premises.
      (4)   All office activity must be conducted between the hours of 8:00 a.m. and 9:00 p.m.
   (g)   Conditionally Permitted Uses. Conditionally permitted uses as specified in the R1-A District shall not be allowed in the RPO District.
(Ord. 89-210. Passed 2-6-90.)
1270.32 MULTIFAMILY CLUSTER DEVELOPMENT.
   (a)   Purpose and Intent. In order to promote a more creative use of the land and a flexible spacing of lots and buildings that would not otherwise be possible through the strict application of the minimum requirements of the multifamily zones, multifamily cluster developments are meant to:
      (1)   Conserve the natural amenities of the landscape, which is in accordance with the goals set forth in the Master Plan;
      (2)   Provide residential areas that are both visually interesting and of high quality; and
      (3)   Create a functional circulation system providing ease of access for residents and service and emergency equipment.
   (b)   Scope and Review Procedures. Cluster developments are permissible by right in the RM-D and SC Districts. Any developer wishing to create a development under these regulations must declare his or her intent to develop a "cluster development" and therefore be subject to these regulations. Cluster developments are subject to site plan review procedures provided in Section 1248.04. Plans must be submitted in accordance with, and the cluster development will be governed by, the provisions of this chapter and other applicable provisions of this Zoning Code and the Subdivision Regulations.
   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be erected, moved and maintained in a multifamily cluster development, in accordance with the following:
      (1)   Main buildings and uses:
         A.   Detached cluster dwellings; and
         B.   Attached cluster dwellings.
      (2)   Accessory buildings and uses:
         A.   Gardens, fences, walls, pools and other recreational facilities on private or common land;
         B.   Private garages and off-street parking;
         C.   Home occupations;
         D.   Signs as regulated by Chapter 1284; and
         E.   Housing of pets as regulated by Section 1270.03(e).
   (d)   Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in a multifamily cluster development. The design criteria set forth in this subsection are intended to encourage creativity and variety in the arrangement of the residential units, open space and landscape features. The detached cluster dwellings may be arranged in various groups, to maximize the privacy of each unit. Open spaces are to be integrated within the development and designed in such a way as to provide aesthetic quality, forming a unified appearance of buildings and open space.
      (1)   Density and open space.
         A.   Guidelines for maximum density per acre and overall density are as follows:
            Maximum density is eight units per acre;
            Maximum overall density is six units per acre.
         B.   Required common open space. Twenty-five percent of the total area of the cluster development shall be set aside as common open space. This common open space shall be further subject to the requirements of subsection (f) hereof.
(Ord. 93-20. Passed 2-2-93.)
      (2)   Cluster dwelling unit arrangement.
         A.   Number of units. Not more than five cluster dwelling units may be physically attached via common or adjoining wall(s).
         B.   Cluster unit building setbacks.
            1.   Front yard. Main structure and side entry garages: twenty feet from the edge of paving; front entry garages: twenty-five feet from the edge of paving.
            2.   Rear yard. Thirty-five feet development property line (the ten-foot buffer required by Chapter 1288 may be a portion of this setback); forty feet between buildings.
            3.   Side yard requirements. A thirty-foot side yard is required along development property line. The ten-foot buffer required by Chapter 1288 may be a portion of this setback. The following dimensions are to be maintained between buildings:
               Between two one-story dwellings - eight feet;
               Between a one-story dwelling and a two-story dwelling - ten feet;
               Between two two-story dwellings - twelve feet;
               Between a building housing attached units and a detached dwelling - fifteen feet;
               Between two buildings housing attached units - twenty feet.
               Between a side wall and a rear wall - twenty-six feet.
            4.   Corner lots. A structure on a corner lot shall be set back twenty-two feet from the pavement edge.
(Ord. 95-97. Passed 7-18-95.)
      (3)   Modifications. The Planning Commission may modify the above setback requirements to require greater or lesser distances to achieve the objectives stated in subsection (a) hereof.
      (4)   Cluster unit criteria. Cluster dwellings shall comply with the minimum floor area requirements for "Townhouses" and "Plexes" as shown in Section 1270.19.
      (5)   Ingress to and egress from garages. Ingress and egress to any garage cannot interfere with the ingress and egress to another garage or parking on the site.
   (e)   Cluster Development Design Criteria. In addition to the requirements of subsection (d) hereof, multifamily cluster developments shall be designed, and buildings shall be located, according to the criteria established below, wherever possible.
      (1)   Existing natural amenities should be preserved and incorporated into the design, including existing streams, trees and other vegetation.
      (2)   Visual monotony created by excessive block lengths shall be avoided by integrating open space along the roads.
      (3)   Each dwelling unit should be designed to abut common open space areas.
      (4)   The area of land disturbed by development should be minimized by building roads along contours, combining utility cuts, minimizing grading and appropriately siting buildings.
      (5)   Finished lawn areas should be minimized to retain the natural character of the land.
      (6)   Unity in groups of cluster dwellings shall be created through the use of common architectural and design elements, such as color, building mass, roof lines, facade treatments, setbacks, landscaping and related features. However, these same elements shall also be used to prevent complete uniformity in design elements.
      (7)   Cluster units shall be designed with consideration for visual and acoustic privacy, adequate light and air, and the relationship between indoor and outdoor spaces, whether private or common.
      (8)   Each cluster unit should be designed to include a private outdoor space. Private outdoor space shall be located and designed to maximize its utility and privacy to the unit it serves, especially in relation to adjacent units.
      (9)   Visual access shall be provided for drivers backing from garages or driveways into the adjacent street. On corner lots, buildings, landscaping and appurtenances shall be situated and set back to provide unobstructed visual clearance at intersections.
      (10)   In addition to its other uses, landscaping shall also be used to enhance the privacy of each dwelling unit and to lessen the intrusion of appurtenances, such as transformer housings, cable pedestals, condensers, heat pumps, mailboxes and related items. Fire hydrants shall be located to be visually prominent.
   (f)   Common Open Space. The common open space required by paragraph (d)(1)B. hereof shall be reserved in perpetuity for such use. Open space shall be designed and appropriate instruments shall be created according to the criteria established below, wherever possible.
      (1)   Common open space shall be exclusive of all streets, non-recreational buildings and individually owned land.
      (2)   Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, pool pavilions or other recreational features.
      (3)   Significant natural features such as tree stands, rock outcroppings, ponds, ravines and stream channels should be left in their natural state and will be considered part of the required open space, subject to these standards.
      (4)   Natural understory vegetation in wooded areas should be preserved. In areas where new landscaping is provided, the establishment of lawn areas should be minimized in favor of the use of mulch, low maintenance meadow grasses and other ground covers. These practices will maintain the natural character of the land as well as reduce environmental impact and long-term maintenance costs associated with lawn areas.
      (5)   Storm water detention areas may be received as full credit towards the open space requirement set forth in paragraph (d)(1)B. hereof if they are designed and improved for an appropriate open space or recreation use (such as a lake or playfield) in addition to storm water detention. Storm water management facilities not specifically designed for recreation shall be excluded from the minimum open space requirement.
(Ord. 93-20. Passed 2-2-93.)
      (6)   The required common open space provided for in paragraph (d)(1)B. hereof, shall be exclusive of the allocation of areas for public use provided for in Section 1246.08.
(Ord. 95-98. Passed 7-18-95.)
   (g)   Vehicular and Pedestrian Circulation.
      (1)   Vehicular circulation shall provide a logical pattern for residents as well as service and emergency vehicles. The street designs should provide adequate maneuvering room for all emergency vehicles.
      (2)   Walking paths are required along main vehicular circulation routes within the development. They are also required to allow pedestrian access to improved recreation areas, such as pools and tennis courts. They are also required near preserved natural features.
      (3)   Provisions must be made for public lighting of the circulation pattern of the cluster development. This could include private lampposts in the front yard of each dwelling unit and/or an overall lighting pattern considered common to the development.
   (h)   Parking. Parking in a cluster development shall be in accordance with the requirements set forth in Chapter 1282, except as noted below.
      (1)   Two enclosed parking spaces must be provided in an attached garage, which shall be a minimum size of 400 square feet.
      (2)   Two off-street parking spaces must be provided on the driveway of each dwelling unit.
      (3)   One off-street parking space for every 300 square feet of a recreational "party center" within the cluster development shall be provided.
      (4)   The Planning Commission may require additional parking as deemed necessary.
(Ord. 93-20. Passed 2-2-93.)
1270.33 SINGLE-FAMILY CLUSTER DEVELOPMENT.
   (a)   Purpose and Intent. It is the purpose of this section to obtain a more creative and efficient use of the land and a flexible spacing of lots and buildings that would not otherwise be possible through the strict application of the minimum requirements of the R1-A and R1-B Districts. While maintaining the same overall dwelling unit densities established in the R1-A and R1-B Districts, single-family cluster developments are meant to:
      (1)   Conserve the natural amenities of the landscape, which is in accordance with the goals set forth in the Master Plan;
      (2)   Provide residential areas that are both visually interesting and of high quality;
      (3)   Create a functional circulation system, separating pedestrian and vehicular circulation and providing ease of access for residents, service and emergency equipment; and
      (4)   Provide readily accessible recreation and open space areas.
   (b)   Scope and Review Procedures. (EDITOR'S NOTE: Subsection (b) was repealed by Ordinance 95-215, passed January 16, 1996.)
   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be erected, moved and maintained, in a single-family cluster development in accordance with the following:
      (1)   Main buildings and uses. Detached single-family cluster dwellings.
      (2)   Accessory buildings and uses.
         A.   A development recreational facility;
         B.   Gardens;
         C.   Sectional privacy fences;
         D.   Walls, pools and other recreational facilities on common land; and
         E.   Private garages and off-street parking.
   (d)   Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in a single-family cluster development. The design criteria set forth in this subsection are intended to encourage creativity and variety in the arrangement of residential units, open spaces and landscape features. The detached cluster dwellings may be arranged in various groups to maximize the privacy of each unit. Open spaces are to be integrated within the development and designed in such a way as to provide aesthetic quality, forming a unified appearance of buildings and open space.
      (1)   Minimum development area. A single-family cluster development must have a minimum development area of ten acres. Single-family cluster developments are permitted as a part of a conventional single-family development, provided that the single-family cluster portion is ten acres.
      (2)   Density and open space. The maximum densities allowed in single-family cluster developments are as follows:
         A.   R1-A Areas. The maximum overall project density is 1.9 dwelling units per acre; the maximum density of developed area is six units per acre.
         B.   R1-B Areas. The maximum overall project density is 2.4 dwelling units per acre; the maximum density of developed area is seven units per acre.
       (3)   Required Common Open Space. A minimum fifty percent of the total area of the cluster development shall be set aside as common open space. Common open space shall be further subject to the requirements of subsection (g) hereof. A minimum 100 feet of open space shall be maintained along major arterial roads.
      (4)   Cluster dwelling unit building minimum setback requirements.
         A.   Front yard. Main structure and side entry garages: thirty feet from the edge of paving; front entry garages: forty feet from the edge of paving.
         B.   Rear Yard. Fifty feet development property line, fifty feet between buildings.
         C.   Side Yards.
            1.   The following dimensions are to be maintained between buildings:
               a.   Between two one-story dwellings - ten feet;
               b.   Between a one-story dwelling and a two-story dwelling - twelve feet;
               c.   Between two two-story dwellings - fourteen feet; and
               d.   Between a side wall and rear wall - thirty-five feet.
            2.   The side yard of a single-family cluster dwelling unit shall be fifty feet from the development property line.
         D.   Corner lots. A structure on a corner lot created by two local development streets shall be set back thirty feet from the pavement edge on the side street.
         E.   Driveways. No single-family cluster dwelling units are permitted driveway access to a major arterial street or collector street.
         F.   Yards for accessory uses. Accessory buildings and detached garages commonly associated with R1-A and R1-B Districts are not permissible in a cluster development. An accessory use or building such as a recreational facility, which is part of the cluster development, shall maintain a setback of fifty feet from any development roadway or side or rear property line. Parking for such a facility may be located in the side or rear yard set forth above, but only to the distance of fifty feet off of residential property lines. A recreational facility for a cluster development and its parking shall be at least 150 feet from the boundaries of the development. The Planning Commission may require additional setbacks where, in its judgment, such additional space is necessary for the good of the community surrounding such development.
         G.   Modifications. The Planning Commission may modify the above setback requirements to require greater distances to achieve the objectives stated in subsection (a) hereof.
   (e)   Cluster Unit Criteria. Cluster dwellings shall comply with the minimum floor area requirements for R1-A and R1-B Districts as shown in Section 1270.19.
   (f)   Cluster Development Design Criteria. In addition to the requirements of this section, single-family cluster developments shall be designed and buildings shall be located according to the criteria established in Section 1270.32(e).
   (g)   Common Open Space. The common open space required by paragraph (d)(3) hereof shall be reserved in perpetuity for such use. Open space shall be designed and appropriate instruments shall be created according to the criteria established in subsection (f) hereof. In addition to the requirements of subsection (f) hereof, the following shall also apply:
      (1)   In order to insure that all portions of the open space network are useful for such purpose, no portion of the common open space shall have a dimension of less than fifty feet in order to be counted toward the fifty percent open space requirement. Such requirement is subject to modification by the Planning Commission for smaller sections which are particularly well designed and meet the objectives of this section.
      (2)   Common open space shall be available and accessible to all residents of the single-family cluster development.
   (h)   Disposition of Common Open Space. Cluster developments shall receive approval subject to the submission, prior to final subdivision approval, of legal instruments setting forth a plan or manner of permanent care and maintenance of common open spaces and recreation facilities. Approval by the Law Director of such instruments shall be based on the following standards:
      (1)   The instruments shall guarantee that open space, as shown on the final development plan, shall remain as such.
      (2)   Common open space and recreation facilities shall be deeded to a homeowners' association. Such homeowners' association shall not dispose of any common open space or recreation facility without first offering to dedicate the same to the City. Membership in a homeowners' association shall be mandatory for all property owners within a single-family cluster development.
      (3)   Such instruments shall convey to the City and other appropriate governmental bodies the right of entrance to the common open space and recreational facilities for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public interest. Such government shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied as a lien against the common open space property and each property owner/member of the homeowners' association.
      (4)   When the single-family cluster development is improved in phases, common open space in each phase shall equal the minimum percentage required for the entire development by paragraph (d)(3) hereof. Where common open space is not provided in proportionate amounts for each phase, the Planning Commission may specify an appropriate financial guarantee in the conditional zoning certificate.
   (i)   Park Land and Open Space Dedication. Open space gained through clustering as required by paragraph (d)(3) hereof shall be considered separate from the open space required by Section 1246.08.
   (j)   Improvements. Notwithstanding anything in this Planning and Zoning Code to the contrary, utility improvements in a cluster area, if approved by the Planning Commission and the City Engineer, need not be installed in a dedicated right-of-way. In all instances where such improvements are not installed in a dedicated right-of-way, the developer shall grant temporary and/or permanent easements to the City, providing for access to the utilities by the City or other utility companies.
   (k)   Vehicular and Pedestrian Circulation. Vehicular circulation shall provide a logical pattern for residents as well as for service and emergency vehicles. The street design should provide adequate maneuvering room for all emergency and public safety vehicles.
      (1)   Except as otherwise provided in this chapter, all public improvements shall be designed and constructed according to the requirements of the Subdivision Regulations. All streets in a cluster development may be offered for dedication to the City.
      (2)   Single-family cluster developments are required to provide stub streets where deemed necessary by the Planning Commission in order to create an interconnecting street pattern as required by Section 1246.02.
      (3)   Walking paths are also required to allow pedestrian access to improved recreation areas, such as pools and tennis courts, as well as near or through open space areas.
   (l)   Parking. Parking in a cluster development shall be in accordance with the requirements set forth in Chapter 1282 in addition to items noted below:
      (1)   Two enclosed parking spaces must be provided in an attached garage, which shall be a minimum size of 400 square feet.
      (2)   Two off-street parking spaces must be provided on each dwelling unit's driveway.
      (3)   One off-street parking space for every fifty square feet of a recreational "party center" within the cluster development shall be provided.
      (4)   The Planning Commission may require additional parking as deemed necessary.
(Ord. 95-99. Passed 7-18-95.)