1274.04 REGULATIONS PERTAINING TO CONDITIONALLY PERMISSIBLE USES.
   (a)   Open Space and Lot Coverage for Multifamily and Single-Family Attached Dwellings.
      (1)   Minimum usable open space. At least twenty-five percent of the actual lot area shall be devoted to usable open space.
      (2)   Maximum lot coverage.
         A.   Up to two stories: twenty-five percent.
         B.   Three stories to five stories: twenty percent.
         C.   Parking buildings, when having no part of the buildings used for residence purposes, shall not be considered as part of lot coverage.
   (b)   Additional Setbacks. All structures and activity areas shall be located at least twenty- five feet from all property lines. The Planning and Zoning Commission may increase the requirements to not exceed 100 feet. The Commission shall base its determination on the degree of danger, noise and inconvenience to the adjacent property owners.
   (c)   Recreational Facilities. Recreational facilities shall be provided as deemed necessary by the Commission.
   (d)   Access to Thoroughfares. All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare or two local or collector thoroughfares. The Commission may reduce such distance if it determines that a lesser distance will not create a hazard.
   (e)   Elementary Schools. Elementary schools should be located on a collector or minor thoroughfare.
   (f)   Gasoline Service Stations. Such uses shall be permitted under the following conditions:
      (1)   Such facilities shall be located at the extremity of a nonresidential district so as not to interfere with the pedestrian interchange between stores in the district, provided that such uses would not limit expansion of pedestrian-oriented facilities.
      (2)   All activities, except those required to be performed at the fuel pumps and car washing, shall be carried on inside a building. If work is performed on a vehicle, such vehicle shall be entirely within a building.
      (3)   No more than two driveway approaches shall be permitted directly from any public street and shall not exceed thirty feet in width at right angles to the driveway and shall be at an angle not less than forty-five degrees to the street line.
      (4)   Where there are two driveway approaches from any public street, they shall be spaced at least thirty feet between curb openings.
      (5)   If the property fronts on two or more streets, the near edge of the curb opening shall be located at least thirty feet from the intersection of the curb lines or proposed curb lines projected.
      (6)   At least a six-inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
      (7)   No gasoline storage tank or pump shall be located within fifteen feet of any lot line.
   (g)   Loud speakers which cause hazard or annoyance shall not be permitted.
   (h)   No lighting shall constitute a nuisance or shall in any way impair safe movement of traffic on any street or highway.
   (i)   No lighting shall shine directly onto adjacent property so as to cause a nuisance on adjacent property.
   (j)   Such uses shall be properly landscaped to be harmonious with surrounding residential uses and to adequately buffer the surrounding residential area.
   (k)   No outdoor storage, sales or display of any merchandise shall be permitted.
   (l)   In residential districts the total floor area shall not exceed 400% of the minimum floor area requirement of the residential district.
   (m)   Site locations shall be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into a residential area.
   (n)   Occupancy shall not exceed the requirements of the Housing Code.
   (o)   All garbage, trash, and other waste material shall be stored in closed containers which are located at least ten feet from any lot line that abuts a residentially zoned parcel or residential dwelling unit. These containers shall be screened with walls or fencing at least as high as the container from all streets and all adjoining property.
   (p)   Such home shall meet the certification, licensing, or approval requirements of the appropriate state or county and local certifying agencies. All activities, programs, and other events shall be adequately and properly supervised so as to prevent any hazard and to insure against any disturbance or nuisance to surrounding property, residents, or the community.
   (q)   Such home shall meet building, fire, health and safety standards as set by state and local laws and regulations applicable to such a facility.
   (r)   Such a structure shall maintain its residential character. Any remodeling of the structure shall permit the structure to be utilized as a permitted use in the case of discontinuation of the use. Further, such uses shall be maintained in a neat orderly condition so as to prevent injury to any single property, any individual, or to the community in general; a bond may be required to insure that this provision is met. The design and construction of all access drives, access points to public streets, and parking and service areas shall be approved by the Planning and Zoning Commission.
   (s)   Home Occupations. Such uses shall be secondary in importance to the use of the dwelling for dwelling purposes. In addition:
      (1)   Such uses shall be conducted by the occupant with not more than one additional employee.
      (2)   Such occupations shall be carried on entirely within the dwelling and not in an accessory building; however, the garage may be used, provided that the home occupation does not preclude storage of the number of vehicles for which the garage was designed.
      (3)   The conducting of the home occupation shall not occupy more than twenty percent of the living floor area of any one dwelling unit.
      (4)   The proposed use shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted elsewhere.
      (5)   No activity, materials, goods or equipment indicative of the proposed use shall be visible from any public way or adjacent property.
      (6)   The proposed use shall not generate noise, odor, vibrations, dust, lighting glare, electrical interference, fumes, smoke or vehicular or pedestrian traffic in an amount which would tend to depreciate or change the residential character of the neighborhood in which the proposed use is issued.
      (7)   The person conducting the home occupation shall be a full-time resident of the dwelling in which the home occupation is being conducted.
      (8)   No more than one home occupation shall be permitted within a residential unit.
      (9)   No displays or changes in the building facade, including the dwelling and all accessory buildings shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling
      (10)   Storage of materials, products, and machinery shall be wholly enclosed by the dwelling or accessory building.
      (11)   No business related signs are permitted.
      (12)   No use nor storage of explosive, highly combustible, or hazardous materials is permitted.
      (13)   “Parties” for the purpose of taking orders for the selling of merchandise shall not be held more than one time per month.
      (14)   Commercial vehicles shall not be parked nor stored on the street or on the site of the home occupation.
      (15)   The zoning inspector may make periodic inspections of the home occupation to confirm that the conditions upon which the permit was granted have not been violated.
   (t)   Residential Uses in a C-2 District. Such uses shall be above the first floor and shall not be detrimental to or in any way detract from the structure or the C-2 District for commercial purposes, which is its primary function. Each dwelling unit shall have a minimum living floor area of 550 square feet per family. Two off-street parking spaces shall be provided for each dwelling unit as regulated in Chapter 1272.
   (u)   Adult Motion Pictures and Bookstores.
      (1)   Location. No adult bookstore, adult motion picture theater or adult entertainment facility shall be established within 500 feet of any R-1, R-2, R-3, R-4, R-5 or R-6 District, or any residential use, or any school, church, hospital, nursing home or park. No adult bookstore, adult motion picture theater or adult entertainment facility shall be established within 1,000 feet of another adult bookstore, adult motion picture theater or adult entertainment facility.
      (2)   Colors. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that will simulate a sign or advertising message. As used in this subsection, garish means:
         A.   Clothed in vivid colors (as a gypsy - Victoria Sackville-West);
         B.   Excessively vivid; flashy (colors) (oratory);
         C.   Offensively bright; glaring (klieg lights);
         D.   Vulgarly obtrusive; blatant (perfume);
         E.   Tastelessly showy or overdecorated; flamboyant (this front room is furnished with theatrical magnificence - Arnold Bennett); or
         F.   Offensive to the sensibilities; revolting (its cynical and corrupt elements, its violence - Orville Prescott).
         Permitted colors are brown, gray, green, blue or white.
         Strictly prohibited colors are any reflective color, any pastel color, chartreuse, pink and any shade of purple.
      (3)   Signage.
         A.   One sign per business location shall be permitted, not to exceed two faces of eighteen square feet each.
         B.   No off-premises signage of any kind shall be permitted.
         C.   Signs may be lighted, but lighting by neon is prohibited.
         D.   Motion signs are prohibited. Messages may include the word adult but the following words are specifically prohibited:
            1.   Nude.
            2.   Nudes.
            3.   Naked.
            4.   Bare.
            5.   Sex.
            6.   XXX.
      (4)   Entrances. All entrances, exits and opaque windows shall be screened from view from public streets or residential dwellings by an approved fence, wall or natural hedge.
   (v)   Car Washes. There shall be off-street parking (queue) for five cars per hand wash bay, and twenty cars for each automatic bay.
   (w)   Satellite Dishes. Roof-mounted satellite dishes are permitted, but they must be mounted so as not to disturb the character of the district. All satellite dishes in the Historic District are subject to review by the Design Review Commission. Dishes are further regulated by Chapter 1276.
   (x)   Planned Unit Developments.
      (1)   Purpose; intent. It is the purpose of these conditions to recognize and accommodate, in a unified development, creative and imaginative planned residential development and to permit those innovations in the technology of land development that are in the best interests of the City. In order to accomplish this purpose, it is the intention, in establishing these conditions, to:
         A.   Permit, in a planned unit development, a variety of dwelling types, including single-family and multifamily dwellings of the garden apartment, townhouse and high-rise types, and at a maximum density compatible with the purpose of the district within which the planned unit development is proposed;
         B.   Permit the flexible spacing of lots and buildings in order to encourage:
            1.   The separation of pedestrian and vehicular circulation;
            2.   The conservation of the natural amenities of the landscape; and
            3.   The provision of readily accessible recreation areas; and
         C.   Permit suitable associated commercial development consistent with the demand created by the planned unit development and compatible with the existing and proposed use of lands adjacent to the planned unit development.
      (2)   General regulations.
         A.   Use regulations. A building or premises within a planned unit development shall be used only for one or more of the following purposes:
            1.   Single-family detached residential dwellings.
            2.   Single-family attached residential dwellings, but not to exceed the percentage of the total number of dwelling units in the planned unit development prescribed for the zoning district in which the project is located. (See Table below.)
            3.   Multifamily dwellings which may exceed the height limitations of the zoning district in which the project is located, but not to exceed the percentage of the total number of dwelling units in the planned unit development prescribed for the zoning district in which the project is located. (See Table below.)
Dwelling Units in a PUD
(Minimum/Maximum Percentage)
 
District S/F Detached (min.) S/F Detached (max.) Multifamily
R-1      30%          70%          0
R-2      20%          70%          0
R-3      25%          75%          50% max.
R-4      20%          80%          65% max.
 
            4.   Open space which may include, along with the natural environmental features, swimming pools, tennis courts and other recreational facilities deemed permissible by the Planning and Zoning Commission. These facilities are to be used mainly by the residents and their guests of the development in which the facilities are located. Streets, parking lots, structures for habitation or storage and the like shall not be included as part of the required open space and recreational facilities.
            5.   In planned residential developments having at least 400 dwelling units, the Planning and Zoning Commission may issue conditional zoning certificates allowing development of any use which is permitted in a C-1 District. Such commercial activities shall be permitted consistent with the basic architectural theme of the development. The total area on which such commercial activities occur shall not exceed five percent of the total acreage of the proposed planned unit development.
         B.   Area, density, yard and height regulations.
            1.   Minimum area for development. A planned unit development shall contain a minimum of thirty acres as conditionally permitted in R-1, R-2, R-3, R-4, R-5, and R-6 Districts. All land within the development shall be contiguous in that it shall not be divided into segments by any limited access highway or any tract of land (other than streets or rights of way for pipelines or electric transmission lines) not owned by the developer of the planned development.
            2.   Maximum density of residential development. A planned unit development shall not exceed the densities permitted in the district in which it is located except as follows:
               Planned unit developments which exceed fifty acres may have a maximum density exceeding by ten percent the densities set forth above for the respective districts. Planned unit developments which exceed 100 acres may have a maximum density exceeding by fifteen percent the densities set forth above the for the respective districts.
            3.   Minimum lot area for single-family dwellings. As required in district regulations.
            4.   Minimum living floor area for single-family dwellings. As required in district regulations.
            5.   Minimum yard requirements for single-family dwellings. As required in district regulations for the yards that abut adjoining property to the development. However, smaller yards are permitted within the development as approved by the Planning and Zoning Commission.
            6.   Minimum yard requirements for single-family attached dwellings and for multifamily dwellings:
               a.   Front yard depth. Forty feet from the right of way plus one foot for each two feet of height of a multifamily dwelling structure over forty feet.
               b.   Separation from other structures and project boundaries. Multifamily structures and single-family attached dwelling structures shall be separated from any single-family detached dwelling by a distance not less than twice the height of the multifamily or two-family dwelling structure. Multifamily structures and two-family dwelling structures shall be separated from any other multifamily or nonresidential structure not structurally joined by a distance not less than one-half the height of the multifamily or single-family attached structure, or fifteen feet, whichever is more. Multifamily structures and single- family attached dwelling structures shall be separated from any project boundary a distance not less than twice the height of the multifamily or two-family structure.
            7.   Height regulations for single-family dwellings and single-family and attached dwellings. As required in district regulations.
            8.   Height regulations for multifamily dwellings. As required in district regulations.
            9.   Minimum living space for single-family attached and multifamily dwellings. As required in district regulations.
            10.   Minimum living floor area per dwelling unit. As required in district regulations.
            11.   Minimum lot area for two-family dwellings. As required in district regulations.
            12.   Recreational facilities. All planned unit development projects permitted in any district under these regulations shall provide recreational facilities as part of and integral to the project. Such facilities shall be available for the use of all occupants of the total project as defined on the General Plan, shall be completed at such time as sixty percent of the total dwelling units indicated on the General Plan are completed and ready for occupancy, shall have adequate provisions recorded as part of the dedication plans for the permanent facilities and shall be constructed, as a minimum, in proportion to the percentage of the total project being developed as part of any phase up to the completion of sixty percent of the total dwelling units. Financial guarantees acceptable to the Law Director may be utilized in place of the actual construction of such facilities up to the completion for occupancy of fifty percent of the total dwelling units indicated on the General Plan.
         C.   Private streets. Private streets shall conform to the City Subdivision Regulations for minor residential streets, including the provision for sidewalks, except that standards for private streets on which ten or fewer dwelling units have immediate access may be modified upon approval of the Planning and Zoning Commission after the Commission obtains a recommendation from the City Engineer and the Fire Chief.
         D.   Collector streets and major thoroughfares. Collector streets and major thoroughfares shall be designated as such by the developer upon submission of general plans as provided in paragraph (x)(3)A. hereof. Such designations shall be subject to modification by the Planning and Zoning Commission so that an efficient traffic circulation system is established. There shall be no direct access from single-family residential lots to a major thoroughfare, and direct access from single-family residential lots to collector thoroughfares shall be minimized. When there are more than thirty dwelling units in a grouping, they shall have primary access to such dwelling units from a public or dedicated street.
         E.   Off-street parking. There shall be provided outside the public or private right of way a minimum of two parking spaces for each dwelling unit. These spaces may be located in the vicinity of the dwelling unit or in an area designated for guest parking as deemed appropriate by the Commission. All parking spaces and service drives shall be improved with asphalt or concrete and so graded and drained as to dispose of all surface water accumulation within the area.
         F.   Open space. At least thirty percent of the total acres in a proposed development permitted by this section shall be devoted to public and/or private open space or recreational facilities, exclusive of dwellings, streets, parking areas and single-family residential lots. Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the General Plan and shall be physically situated so as to be readily accessible, available to and usable by all the residents of the planned unit development. Open space and recreational facilities to be included in this thirty percent requirement shall not be individually owned or owned under condominium provisions which do not include the entire project as shown on the General Plan.
            For the purposes of complying with the open space requirement, permanent bodies of water indicated on the most recently published United States Geological Survey maps or as indicated by more recent aerial photography and field observation shall be credited as one- half acre of open space for each one acre of water surface area. Similarly, areas of organic soils shall be credited with only one-half acre for every one acre of land indicated as organic soils on maps available from the Soil Conservation Service, U.S. Department of Agriculture, or as indicated by other competent soil analysts.
            The General Plan shall include descriptive data as to the methods to be employed to preserve and maintain such open space and recreational facilities, such as public dedication, homeowners' associations, condominiums, etc.
         G.   Walls and privacy enclosures. In areas designated for single-family development, solid walls, screens and privacy enclosures which are designed as an integral or component part of the dwelling structure shall conform to front, side and rear yard requirements and shall not exceed a height of eight feet. In any area designated for multifamily development on the approved development plan, solid walls, screens and privacy enclosures shall be permitted not to exceed a height of eight feet and shall meet the front yard requirements for multifamily dwellings.
         H.   Sewer and water facilities. Central sanitary sewer and water facilities shall be provided at the time of development.
         I.   Installation of facilities. All utilities shall be installed underground.
         J.   Erosion and sedimentation control. Effective erosion and sediment controls shall be planned and applied according to the following principles (see paragraph (x)(3)A.13. hereof):
            1.   The smallest practical area of land shall be exposed at any one time during development.
            2.   When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
            3.   Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
            4.   Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
            5.   Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
            6.   The permanent final vegetation and structures shall be installed as soon as practical in the development.
            7.   The development plan shall be fitted to the topography and soils so as to create the least erosion potential.
            8.   Whenever feasible, natural vegetation shall be retained and protected.
      (3)   Establishment.
         A.   General Plan approval. At the time of the application for a conditional zoning certificate, a General Plan for the development of the land shall have been filed with the Planning and Zoning Commission by the owner or owners of the land involved. The General Plan, which may be set forth on one or more maps or in one or more instruments, shall have been signed by all owners of property within the project, shall have been drawn to scale, shall have been prepared by an architect, landscape architect or engineer authorized to practice in the State and shall show the following:
            1.   The boundaries of the project;
            2.   The topography of the project;
            3.   The proposed street system for the project, including designation of collector thoroughfares agreeable to the Commission, where such thoroughfares are indicated on the City Land Use and Thoroughfare Plan or where they are otherwise necessary for efficient traffic circulation;
            4.   The areas of the project to be used for single-family dwellings, two- family dwellings, garden apartment buildings, medium and high-rise apartment buildings and commercial buildings and/or uses;
            5.   The area or areas of the project to be preserved as open space;
            6.   Descriptive data as to the methods to be employed to preserve and maintain open space;
            7.   The areas into which such project is to be divided for different uses, the use proposed for each such area, the number of housing units by type and size, the number of bedrooms per unit of each class of housing proposed in any given area and the location and size of school, church and/or fire station sites proposed;
            8.   The total population density for the project in number of housing units;
            9.   The acreage for the project;
            10.   The location and landscaping of the proposed parking lots within the project;
            11.   Descriptive data concerning the sewer, water and storm drainage facilities within the project, identifying the entity, whether public or private, to whom such facilities are to be dedicated or transferred;
            12.   The location and acreage of the commercial uses proposed within the project;
            13.   A plan showing provisions for control of erosion and sedimentation during and after construction, such plan to be accompanied by documentation indicating the review of and recommendation on such plan by the Portage County Soil and Water Conservation District, the Division of Lands and Soil of the Ohio Department of Natural Resources or another competent agency or soils scientist.
            Upon approval of the General Plan by the Commission, a conditional zoning certificate may be issued for the project; the implementation of the project is then subject to the further qualifications, requirements and provisions set forth below. No substantial change from the approved General Plan shall be made without prior approval by the Commission.
         B.   Final development plan. Before such uses as were authorized by the Commission's approval of the General Plan and the issuance of the conditional zoning certificate for the overall project may be begun, a zoning certificate shall be obtained for each structure, but only after final approval of uses has been obtained from the Commission. For final approval of uses, the owner shall file a final development plan for any specific area within the project or the overall project, with the Commission, together with a letter of application for such approval. Such final development plan shall show the following:
            1.   The area to be developed and the area to be devoted to open spaces for the use of all residents of the area with accurate acreage, courses and distances, as determined by a licensed engineer or surveyor who shall sign such plan and certify to the accuracy thereof. The boundaries of any area for which final development plan approval is requested shall not be gerrymandered to comply with the density and open space acreage criteria, but shall be proportioned and allotted so that required open space is convenient to the residential properties included in the area submitted for final approval.
            2.   The location and floor plans of all buildings, descriptive data as to the type of buildings, the number of dwelling units in each separate type and bedrooms per unit of apartment (multifamily dwelling) buildings, the number and type of all retail establishments and the number of bedrooms in each apartment unit.
            3.   A title guarantee or rider to an existing policy, prepared by a reputable title company, showing the legal description of the land which has been set aside for open space and showing appropriate restrictions limiting the use of such land to recreation and open space in perpetuity and granting owners and residents of the area to be developed a right and easement of use in such open space.
            4.   A detailed plan setting forth the manner, means and proposed time of transfer of the land reserved for open space to a nonprofit entity and the obligations and rights of use of such open space by all residents of the area.
            5.   A detailed landscaping plan for all areas proposed for parking, commercial, two-family and multifamily development.
         C.   Conditions for final approval of uses. The Planning and Zoning Commission shall give final approval of uses only upon finding that the following conditions are met:
            1.   No applicable, general or specific requirements of this Zoning Code, as existing at the time of General Plan approval, is violated by the final development plan.
            2.   The final development plan accurately sets forth the area to be developed and the area to be set aside as open space with appropriate boundaries established by course and distances, and the acreage within the area to be approved is set aside as open space for the use of all residents of the area.
            3.   The final development plan is substantially in accordance with the General Plan which had been previously filed with and approved by the Commission and for which the conditional zoning certificate has been issued.
            4.   The density of dwelling units in any area does not exceed that shown on the General Plan. The overall density of the district has not been exceeded with respect to the total figure shown on the General Plan.
            5.   The area reserved for open space and recreation in the sum of all areas for which final development plan approval has been given or is requested shall never be less than twenty-five percent of the cumulative acreage of all areas for which final development plan approval has been given or is requested.
            6.   Satisfactory progress has been made in previously approved segments in respect to the provision and improvement of indicated recreational facilities.
            7.   The final development plan accurately sets forth a schedule demonstrating proportionate development for open space and recreational facilities in conjunction with the total project. A performance bond may be allowed to substitute for actual construction. This bond shall be in effect no longer than one year. The amenities included in each phase shall be, in effect, completed prior to the issuance of occupancy permits.
         D.   Addition to planned unit development. Any area of land contiguous to a planned unit development may be added thereto and shall be subject to all procedural and substantive regulations applicable to planned unit development. The gross density in a planned unit development, including additions, shall not exceed the maximum density established for the original planned unit development.
            (Ord. 2001-081. Passed 8-6-01.)
   (y)   Cluster Developments.
      (1)   Purpose, intent. It is the purpose of this section to allow residential cluster development in order to:
            •   Encourage creative and flexible site design that is sensitive to the land’s natural features and adapts to the natural topography.
            •   Protect environmentally sensitive areas of a development site and preserve on a permanent basis open space and natural features.
            •   Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development.
            •   Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets; and
            •   Provide opportunities for social interaction and walking and hiking in open space areas.
      (2)   Process. Cluster Development as defined by this Section is a Conditionally Permitted Use subject to the review of the Planning Commission and the City Engineer to assure that the purpose and intent of the Cluster Development designation is met.
      (3)   General regulations.
         A.   As part of a conditionally permitted development in R-4, R-5 and R- 6 Districts, the following uses and dwelling types shall be permitted:
            •   Single-family
            •   Community Building
            •   Accessory uses
         B.   Development Standards. The following shall be the required development standards for a residential cluster development notwithstanding any other provision in this Zoning Code:
            1.   Minimum acreage for development. A residential cluster development shall contain a minimum of 10 acres and a maximum of 29 acres. The development property may be individually subdivided lots or one single lot.
            2.   Maximum density of residential cluster development. The density of a residential cluster development shall not exceed 2.0 dwelling units per acre in R-4, R-5 and R-6 districts. The total number of units permitted shall be calculated by multiplying the total usable land area by the density permitted per acre.
            3.   Minimum living floor area.
               a.   Single Lot Developments:
                  850 square feet for 1 bedroom units
                  1000 square feet for 2 bedroom units
                  1200 square feet for 2 bedroom units
               b.   Individually subdivided lots shall meet the requirements established for the zoning district in which the development is located.
            4.   Height regulations. Height regulations for residential cluster development shall not exceed 35 feet.
            5.   Setback requirements. Setback requirements for proposed structures on a single lot development shall be determined by the Planning Commission and the City Engineer to allow for flexible development design while assuring adherence to the purpose and intent of the Cluster Development section. Setback requirements for the individually subdivided lots shall meet the requirements established by the zoning district in which the development is located.
            6.   Community Building. A residential cluster development may provide a Community Building. Such facility shall be available for the use of all occupants of the development, on- site management of the units, and other services as provided by the development.
            7.   Private Streets/Driveways. Residential cluster developments shall provide adequate ingress, egress and access for all dwelling units as designed to further the purpose of the residential cluster development. Required width and pavement construction specifications for private streets/driveways in the specific residential cluster development shall be determined by the City Engineer and the City Fire Chief. Specifications for the private streets shall not be required to meet the specifications enumerated in the subdivision regulations so long as the private streets do not serve as a connector for an adjoining development, serve as a through street, or the residential cluster development does not contain individually subdivided lots.
            8.   Parking areas/spaces. Residential cluster developments shall provide the following minimum parking areas located in the vicinity of the dwelling unit to be served and to be constructed in a manner acceptable to the City Engineer and to further the purpose and intent of the residential cluster development.
               •   one parking space for each bedroom of a designated senior citizen development (55 years of age and older).
               •   one parking space per dwelling unit plus 1 parking space per bedroom per dwelling unit for all other developments.
            9.   Open space. Residential cluster developments shall provide not less than 40% open space. The open space can include natural and historic resources, wetlands, and woodlands. Open space shall be contained on the parcel being developed and be available for recreational and non-animal husbandry agricultural purposes, as well as for conservation. Open Space is computed by taking the total square footage of the property and deducting the square footage of all buildings, parking, roadways and other non-natural encumbrances not including outdoor recreation. Open space shall be maintained by the property owner(s) or deeded to an association or nonprofit organization whose principal purpose is the conservation of open spaces or cultural sites. Said transfer of ownership shall only occur with the consent of the City of Ravenna. The City may also approve, through City Council, acceptance of maintaining said open space in perpetuity.
            10.   Additional Standards. Additional site specific development requirements of the Planning Commission and City Engineer formulated to achieve the objectives of these regulations shall be established at the time the conditional use request and preliminary development plan are reviewed. However, if the individually subdivided lots are proposed, the requirements of the subdivision regulations shall apply for public utilities and roadways. Any dimensional specifications upon a single lot development adopted with such plan become binding land use requirements for the residential cluster development and shall supersede those contained in the district regulations where the development is proposed. If the provisions of the zoning code are not amended herein then the provisions of the existing zoning code apply. (Ord. 2016-138. Passed 1-17-17.)