(a) Purpose and Scope. It is the purpose of the Regulations for Group Housing Projects to allow greater flexibility in planning projects of the group type by releasing them from the yard requirements in effect for single structures on single lots, but at the same time to assure that such developments will have enough open space for light, air, recreation and pedestrian circulation, adequate street capacity for vehicular circulation and access, sufficient off-street parking space and other amenities.
(Ord. A-2530. Passed 2-27-73.)
(b) Definition. "Group Housing Project" means a group of two or more multi-family dwellings on a parcel of ground not less than 50,000 square feet in area in single or multiple ownership with not less than fifty feet of frontage on a public street, which frontage shall serve as the principal means of access to the property, and with at least fifty feet of such access in open, continuous frontage unobstructed by buildings to a depth not less than 100 feet. (Ord. A-2761. Passed 8-27-74.)
(c) Regulations. A Group Housing Project shall conform to the following regulations.
(1) Density.
A. Minimum lot area per dwelling unit. The minimum lot area per dwelling unit shall be 2,500 square feet.
B. Conditions applicable to the density calculation.
1. In a Group Housing Project, all land proposed within the project for residential use, including outdoor use space, interior streets and other circulation ways, may be counted as part of the lot area in complying with the density requirement.
2. A Group Housing Project shall be considered as one parcel, regardless of the extent to which the parcel is subdivided by interior streets.
3. If a Group Housing Project parcel is cut by a zoning district boundary line, the density provisions of the district in which each portion of a Group Housing Project is located shall apply unless a plan is approved by the Board of Zoning Appeals permitting a different distribution of dwelling units, except that the total number of dwelling units shall not exceed the number resulting from adding together the number permitted in each district.
(2) Vehicular access.
A. Total dwelling units in relation to paved widths of exterior streets serving the project: the maximum number of dwelling units in any Group Housing Project, as determined by the density limitations hereinafter specified, shall be further controlled by the cumulative number of units gaining vehicular access to exterior public streets serving the project at any one point of entry, in accordance with the following standards.
Cumulative Number of Dwelling Units at Any One Point of Entry | Minimum Paved Width for Boundary Street or Other Exterior Street (feet) |
less than 20 | 20 |
20 to 99 | 24 |
100 to 499 | 36 |
500 to 999 | 44 |
B. Distance of residential structures from vehicular access and public streets: every residential structure in a Group Housing Project shall be within 200 feet of vehicular access and within 400 feet of a public street. For the purposes of this section, vehicular access means any of the following:
1. A walkway intended primarily for pedestrian use, but so designed as to be usable for vehicular traffic in case of emergency or special service, and having a paved width of no less than nine feet.
2. A paved parking area and any access drive thereto, the latter having a paved width of no less than twelve feet in the case of a single-lane drive and no less than eighteen feet in the case of a two-lane drive.
3. A street, as defined in the Subdivision Regulations.
C. Interior Streets: in cases where a Group Housing Project is to have interior streets, their paved widths shall be in accordance with the design standards contained in the Subdivision Regulations.
(3) Open space, setbacks and courts.
A. General regulations not applicable: except as hereinbefore specified with respect to density requirements, the district regulations governing single structures on separate lots shall not apply to Group Housing Projects, which instead shall be governed by the requirements hereinafter specified.
B. Open space.
1. Principal buildings.
a. General: Around every principal building there shall be a minimum required open space, unobstructed by any other building, which shall be provided in an amount and manner hereinafter specified.
b. Overlapping of open space: The open space allocated to any principal building may overlap the open space allocated to any other principal building.
c. Required open space:
(i) There shall be an open space for each story, measured at right angles to each side of, and outside of, the rectangle of least area within which the principal building could be enclosed at each story.
(ii) Opposite one longer side of such enclosing rectangle, the open space in its least dimensions shall be not less than sixty feet, which minimum shall be increased at the rate of five feet per story for a building height in excess of two stories and at the rate of one foot for each five feet by which the rectangle exceeds sixty feet, except as provided for setbacks from street lines.
(iii) When the enclosing rectangle is a square, any one of its sides may be considered as the one longer side.
(iv) Opposite each of the three sides other than the one longer side of the enclosing rectangle, open space in its least dimension shall be not less than thirty feet, which minimum shall be increased at the rate of two and one-half feet per story for a building height in excess of two stories and at the rate of one foot for each ten feet by which the length of the rectangle exceeds sixty feet, except as provided for setbacks from street lines.
(v) Where the controls specified in paragraphs (i) through (iv) above do not apply, no building shall be closer than twelve feet to any other building.
d. Credits toward required open space:
(i) The area of any open space between the side of the enclosing rectangle and the wall of the building may be credited toward the area of the required open space outside such enclosing rectangle, and abutting the same side of the rectangle.
(ii) Such credit shall be made by reducing one dimension of the required open space outside the enclosing rectangle, measured perpendicularly between the side of such rectangle and the building wall, the least amount possible for such area reduction, provided that the reduced dimension shall in no case be less than one-half that originally required, or thirty feet, whichever is greater.
2. Accessory buildings. No accessory building shall encroach upon any open space required for any principal building.
C. Setbacks from property lines other than street lines:
1. Principal buildings. The minimum distance between a property line other than a street line and the nearest side of the rectangle of least area enclosing any principal building shall be determined according to the requirements for minimum open space around a principal building, as specified in subparagraph (c)(3)B.1. hereof, except that where no side of the enclosing rectangle of a principal building is parallel to such property line:
a. The minimum distance between the property line and the nearest side of the rectangle of least area enclosing any principal building may be taken as an average, provided that the minimum distance at either end of the side of the rectangle shall in no case be less than one-half that originally required, or thirty feet, whichever is greater.
b. The minimum distance required because of the length of the side of the enclosing rectangle of least area shall be based on the length of the side of the enclosing rectangle most nearly parallel to the property line.
2. Accessory buildings. The minimum distance between a property line other than a street line and an accessory building shall be ten feet, which minimum shall be increased at the rate of five feet per story for a building height in excess of one story and at the rate of two feet for each five feet by which the length of the building exceeds twenty-five feet, provided that in no case need the setback exceed thirty feet.
D. Setbacks from street lines.
1. Principal buildings.
a. The minimum distance between a street line and the nearest side of the rectangle of least area enclosing any principal building shall be twenty feet, which minimum shall be increased at the rate of five feet per story for a building height in excess of two stories and at the rate of one foot for each six feet by which the length of the rectangle exceeds sixty feet, except as provided in subparagraph c. below.
b. Where no side of the enclosing rectangle is parallel to the street line, the increase above the minimum of twenty feet required because of the length of the side of the enclosing rectangle shall be based on the length of the side of the enclosing rectangle most nearly parallel to the property line.
c. Where an exterior street abuts a Group Housing Project parcel or is extended into the parcel as an interior street, and fifty-one percent or more of the lots on the same side of the street within the same block and within 200 feet of the bounding line of such parcel are improved with residence buildings, no principal building shall project beyond the average alignment of the residence buildings, provided that no setback shall be less than ten feet and need not exceed forty feet in depth.
2. Accessory buildings. No accessory building shall be closer to any street line than fifty feet.
E. Courts (inner or outer). The least dimension of a court shall be thirty feet, which minimum shall be increased at the rate of five feet per story for a building height in excess of two stories and at the rate of one foot for each five feet by which the wall length exceeds sixty feet, provided that the open space allocated to any wall may overlap that allocated to any other wall facing the same court. For the purposes of determining the length of a building wall, the length shall be deemed the longest side of the rectangle of least area within which such wall could be enclosed.
(4) Building coverage. The total ground floor area of the buildings shall not exceed twenty-five percent of the area of the Group Housing Project parcel.
A. Group Housing Projects, in addition to being subject to Article 1363 where applicable, shall comply with the requirements contained in subparagraphs B. through F. hereunder.
B. As an accessory use for each dwelling unit, not less than 180 square feet of land or building area shall be set apart and developed as automobile parking space along with ingress and egress from the street or streets to which each parking space has vehicular access.
C. Automobile parking spaces within the boundaries of a Group Housing Project shall be located not farther than 200 feet from the buildings they are designed to serve.
D. No parking areas other than those provided as an integral part of a building shall be located closer than fifteen feet to any principal building.
E. The maximum vertical grade of any drive leading to a parking compound shall be fifteen percent.
F. All parking areas for ten or more vehicles shall be paved with asphalt or concrete and shall be drained to provide for surface water run-off.
(5) Distance from fire hydrants. No part of any building shall be more than 400 feet distant from a fire hydrant capable of furnishing an adequate water supply for fire-fighting purposes as defined by the National Fire Protection Association. All such fire hydrants shall be located not more than eight feet from a roadway capable of supporting any fire apparatus of the Fire Department of the City.
(d) Single Ownership. For the purposes of these regulations, property may, at the option of the owner, be considered in single ownership even though parts of it are owned by different corporations, all of which are subsidiaries of the same parent corporation or by corporations in which fifty-one percent or more of the stock is owned by the same person or persons.
(e) Transmittal of Site Plan. Every Final Site Plan submitted to the administrative official shall be transmitted to the Development Department for review and report to the administrative official.
(f) Recording of Parcel Plat Covenants.
(1) Prior to the commencement of construction of any building under the provisions of these regulations, the owner of a Group Housing Project parcel shall file with the administrative official a plat, in quadruplicate, showing the layout and occupancy of the buildings to be constructed on such parcel and the land which is to be used to meet the requirements of these regulations as to density, open space, setbacks, yards, courts, vehicular access, building coverage, automobile parking space and other outdoor use space, together with a written instrument, approved as to form by the City Attorney, in which such owner shall covenant on behalf of himself, his heirs, executors and assigns, not to encroach upon the land used to satisfy the requirements of these regulations as to density, open space, setbacks, courts, vehicular access, building coverage, automobile parking space and other outdoor use space, and that the land used to satisfy such requirements shall not be considered as satisfying the requirements for any other building or group of multiple dwellings erected under the provisions of this Zoning Ordinance.
(2) No building permit for the construction of any building on a Group Housing Project parcel shall be issued by the administrative official until the owner of such parcel has filed with the administrative official the covenants and plats required under subsection (f)(1) hereof. The administrative official shall cause a copy of this covenant to be recorded at the cost of the owner in the office of the County Recorder, Wood County, West Virginia.
(3) Nothing herein shall be construed aa preventing the owner of a Group Housing Project parcel from modifying the plat, provided that such modification complies in all respects with the Regulations for Group Housing Projects, but no building permit shall be issued for any building in accordance with the modified plat until copies of such modified plat have been filed with the administrative official.
(g) Modifications of the Regulations.
(1) In cases where there are special conditions or characteristics pertaining to a Group Housing Project parcel, or where special design features are proposed for a Group Housing Project, or where greater livability would result from modification of one or more provisions of these regulations, the City Development Department shall have the power to modify such regulations, provided that such modifications shall remain in harmony with the general purpose and intent of this Zoning Ordinance, so that the public health, safety, convenience, comfort, prosperity, and general welfare will be conserved and justice done.
(2) The submission of requests for modifications and the approval of such modifications shall be in accord with procedures and standards adopted by the City Development Department, after a duly advertised public hearing, as Modifications of Zoning Ordinance Regulations, which regulations shall be consistent with this Zoning Ordinance and the Subdivision Regulations.
(3) Approval of any modification or modifications by the City Development Department shall constitute the basis for the issuance of a building permit, provided that all other requirements of these regulations have been complied with, and provided further that such modification or modifications have been incorporated on the parcel plat covenant in accord with the procedures hereinbefore specified.
(Ord. A-2530. Passed 2-27-73; Ord. A-3178. Passed 3-23-76; Ord A- 3884. Passed 1-23-79.)