(a) Purpose. The purpose of this section is to permit and regulate the development of one-family dwellings and attached one-family dwellings in a planned, clustered arrangement compatible with uses permitted in the district, in locations within the district where clustered development contributes to and does not detract from the character and function of the district, and in compliance with an approved development plan.
(b) Permitted Districts. A residential cluster development may be permitted, by approval of the City Council, in an R-1 or R-2 Single Family Residential District in compliance with all provisions of this Section 1135.03
.
(c) Uses. The uses which may be established within a Residential Cluster Development (which may be hereinafter referred to as an "RCD") are limited to the following:
(1) One-family dwelling;
(2) Attached one-family dwelling, with no more than three (3) one-family dwellings attached to each other; no more than twenty-five percent (25%) of the dwelling units approved in an RCD shall be in attached one-family dwellings;
(3) Accessory buildings and uses as permitted in the District and as approved in the development plan; and
(4) Home occupations as permitted in the District.
(d) General Standards. A Residential Cluster Development shall only be constructed in conformance with a development plan which, at a minimum, complies with the following general standards:
(1) All structures and uses within the RCD shall be designed, located, and constructed in a manner which minimizes adverse impacts on abutting and nearby areas zoned for residential use. Structure dimensions shall be compatible with those in surrounding residential development.
(2) Features such as large open spaces, landscaping, fences and walls, and earth mounds shall be established to buffer or protect abutting and nearby areas zoned for residential use which are of lesser density per acre than the proposed RCD.
(3) Vehicular and pedestrian facilities shall be designed, located, and constructed in a manner which minimizes impacts on public vehicular and pedestrian facilities of the district and contributes to their effective functioning.
(4) An RCD shall not be permitted where utility demand or traffic generation exceeds the capacity of available infrastructure except where the applicant pays for necessary improvements and City Council finds such expanded infrastructure and improvements suitable in the area in which it is constructed.
(5) The RCD plan shall provide for reasonable extension or completion of street systems, walkways, utilities or other public facilities planned for the district in which the RCD is located.
(e) Land Area for Residential Cluster Development; Phasing.
(1) The RCD minimum area is five (5) acres of land.
(2) The RCD maximum area is forty (40) acres of land.
(3) The RCD must have frontage upon, or permanent access approved by City Council to, a public right-of-way.
(4) The area of the RCD shall be in one ownership or, if it is in several ownerships, all owners or their authorized representative shall sign all required applications to the Planning Commission for an RCD. Each owner shall be a party to all legal obligations and commitments required for the RCD.
(5) Requirements for Phased Development. If the RCD is proposed to be developed in two or more phases, each phase shall be constructed with adequate access, parking, storm water facilities, landscaping, buffers, and other improvements deemed necessary by City Council to ensure that the phases will be individually in compliance with the provisions of this Section 1135.03
, particularly with regard to the protection of the district and adjoining properties.
(f) Density. Within the area of an RCD and as approved in the development plan, permitted dwelling units may be constructed up to the following maximum gross densities:
(1) R-1 District: The maximum density permitted in the R-1 District shall be three (3.0) units per gross acre of the total development. The gross density on the developable area shall not exceed five (5.0) dwelling units per acre.
(2) R-2 District: The maximum density permitted in the R-2 District shall be three (3.75) units per gross acre of the total development. The gross density on the developable area shall not exceed five (5.0) dwelling units per acre.
(3) As used in the foregoing paragraphs, "developable area" means all that area of an RCD excluding those parts which, in their natural, pre- development state:
A. Have slopes in excess of 15% in a vertical distance greater than twenty (20) feet;
B. Are Category II or III wetlands as defined by the Ohio Environmental Protection Agency;
C. Are federally-designated floodplains;
D. Are open water bodies which will not be removed by the development;
E. Are within the high water level of a natural watercourse; and/or
F. Are located or configured in a manner which prohibit their integration into the design and development of the actual cluster dwelling area (e.g., isolated remnants of land).
The Planning Commission may recommend and Council may approve exceptions to the foregoing developable area exclusions where it is found that the exceptions are necessary in the interest of creating a safe and functional cluster development and are not contrary to the public health, safety and general welfare of the City.
(4) The Planning Commission may recommend, and City Council may require, a lesser density than provided in subsections (1) and (2) above where it is found that the maximum density is not appropriate due to one or more of the following factors:
A. The size, shape, or natural features of the land(s) proposed for the RCD;
B. The size, shape, or location of the area proposed for the construction of dwellings; and/or
C. Conditions of abutting properties, such as the locations of existing structures or the dimensions of lots.
(g) Dimensional Standards.
(2) Lots. An RCD may have a choice of three possible forms of property ownership for dwellings and the land associated therewith: (i) condominium ownership under state law; (ii) de minimus lots; or (iii) lots with lot lines greater than six (6) feet from the foundations of the dwellings. Different special standards may apply to each of these three (3) types of property ownership.
A. Each dwelling unit shall be placed on a separate lot except where the entire RCD is established within a single plan for condominium ownership under state law.
B. Where lots are established, every lot shall have frontage on a dedicated public street or on a permanent easement of access to a dedicated public street.
(3) Exterior setbacks for RCD. The following minimum setbacks shall be required for all buildings, parking areas, active recreation facilities, and other significant structures or uses:
A. Setback from a public street right-of-way line which forms a boundary of the RCD: Sixty (60) feet. The setback area shall be permanently landscaped as approved in the development plan.
B. Setback from a property line which forms a boundary of the RCD, other than a public street right-of-way line: Fifty (50) feet, except that, if approved in the development plan, the setback may be reduced to thirty-five (35) feet with a combination of landscaping and a board-on-board fence six (6) feet in height constructed along the property line or in a location approved in the development plan.
C. In an RCD which is developed with lots as provided in (g)(6) below, an area of land at least twenty-five (25) feet wide shall be located between every lot within the RCD and every lot outside of the RCD. This area shall be permanently landscaped as approved in the development plan and shall be owned by the homeowner's association.
(4) Setbacks from new streets in an RCD. The following minimum setbacks shall be required for all buildings:
A. Setback from new public street right-of-way line within the RCD: As recommended by the Planning Commission and finally determined by Council on a case-by-case basis, and within the sole discretion of the Council.
B. Setback from private street (from back of sidewalk or, if no sidewalk, back of curb): Twenty (20) feet. Garage door setback: Twenty-five (25) feet.
(5) Minimum dwelling separation, outdoor living area. Within an RCD which is established as a condominium, or within an RCD with de minimus lots, separations shall be required:
A. Except for the attached side(s) of an attached dwelling unit, each building shall be at least fifteen (15) feet from every other building.
B. One side of each dwelling unit shall be at least sixty (60) feet from the nearest building (except from a unit to which it is attached).
C. Within an RCD with lot lines, subject to site plan approval, one lot line may be located not more than twenty (20) feet from the dwelling for the purpose of constructing an addition, provided such addition will comply with all other provisions of this Code.
D. The locations of the minimum separation areas for each dwelling unit, as provided in A. and B. above, shall be drawn on the development plan and shall control the locations of dwellings.
E. Outdoor Living Area. An outdoor living area shall be established for each dwelling unit, with dimensions not less than 400 square feet in total area and not greater than fifteen (15) feet from the dwelling unit. Such outdoor living area shall not be part of the outdoor living area of any other dwelling unit, common area, landscaped buffer, preserved wetlands, or slopes over 15%. The outdoor living area shall be located adjacent to the rear or side of the dwelling unit unless otherwise approved in the development plan.
F. Except as provided in subsection C above, the lot lines for de minimus lots shall be located coincident with or not more than six (6) feet from the foundations of the dwellings as drawn on the approved final plat. When a dwelling is constructed on an approved de minimus lot and the distance between the foundation and the platted lot line is greater than six (6) feet, then the lot and dwelling shall be deemed to comply with this ordinance.
(6) Minimum lots and yards. Within an RCD with lots which have lot lines which are more than six (6) feet from the foundations of the dwellings, the following minimum lots and yards shall be required, in addition to complying with (3) and (4) above:
A. Minimum side yards shall be seven and one-half (7.5) feet.
B. Minimum front yard shall be twenty (20) feet. However, the garage door shall be a minimum of twenty-five (25) feet from the front lot line.
C. Minimum rear yard shall be twenty-five (25) feet.
D. The locations of the minimum setback lines for each lot shall be drawn on the development plan and shall control the locations of dwellings.
E. Minimum lot area shall be five thousand (5,000) square feet.
F. Minimum lot width shall be fifty (50) feet.
(8) Setbacks from undevelopable areas. All buildings shall be setback at least fifteen (15) feet from the areas excluded from"developable areas" as provided in subsection (f)(3).
(h) Roads.
(1) City Council shall determine which streets within an RCD shall be dedicated as public roads and which shall be private roads.
(2) A private road shall be constructed in compliance with the standards for public roads established in the Planning and Zoning Code except that a private road may be constructed to lesser standards of width than required by the City's standards in the Planning and Zoning Code where, subsequent to consultation with the City Engineer, the Chief of Fire and the Chief of Police, it is found:
A. That the lesser standard is sufficient to serve the character and safety needs of anticipated traffic;
B. That the parking demand of the area served is satisfactorily served by other parking facilities and that on street parking will not be necessary;
C. That the public health, safety and welfare will be served by the lesser standard; and
D. That construction to the lesser standard will not negatively affect the function of the street system of the RCD and the district in which it is located.
(3) When a private street or drive is approved as the means of access from a dwelling or lot to a public street, the following language shall be included in the deed for the dwelling or lot:
"The undersigned grantee(s) hereby acknowledge(s) that (he, she, they) understand that the premises described herein relies upon a non- dedicated private street or common drive as its sole means of access to a public street and that no government body is responsible for care and maintenance of the private street or common drive."
(4) Sidewalks and treelawns shall be constructed for public roads as required by the Planning and Zoning Code. Sidewalks and treelawns shall be constructed for private roads as approved in the development plan. At a minimum, a sidewalk shall be provided on at least one side of every private street. In lieu of the provision of sidewalks, a trail system may be approved at the sole discretion of the Planning Commission and City Council.
(i) Parking.
(1) At least two (2) enclosed parking spaces shall be provided for each dwelling unit, attached to the unit.
(2) At least two (2) unenclosed parking spaces shall be provided for each dwelling unit, located within forty (40) feet of the entry to the dwelling unit. Where the driveway is used for parking, the depth of the paved area (outside of any public right-of-way or traveled portion of any private street or drive) shall be at least twenty-five (25) feet.
(3) At least one quarter (0.25) unenclosed parking spaces shall be provided for each dwelling unit in a common parking lot or lots or on a public or private street located as approved in the development plan. Common parking areas shall be setback at least twenty (20) feet from any public road and at least ten (10) feet from any dwelling.
(j) Common Areas.
(1) Common areas shall be established as required in the development plan.
(2) Except where included within a condominium ownership plan, all common areas shall be located on a lot or lots having frontage on a public street or having access thereto via an easement.
(3) A minimum of five percent (5%) of the developable area (see subsection (f)(3), shall be improved as landscaped open space area(s) designed for use by all residents of the RCD. The area(s) may include common recreation facilities, sitting areas, walking or biking trails, picnic areas, gazebos, community rooms, cluster mail stations, or similar facilities as approved in the development plan. The location, shape, features, and other characteristics of the area(s) shall be designed to be accessible to and encourage use by all residents of the RCD. The area(s) shall not include areas otherwise required by these regulations such as required separation between buildings, RCD exterior setbacks, parking areas, drives, parts of private lots, and similar areas.
The number, size and configuration of the area or areas shall be as approved in the development plan.
(k) Architectural Standards. All structures, landscaping, and other features of the RCD shall comply with the standards established in the architectural design plan and guidelines approved in the development plan and as approved by the Architectural Board of Review.
(l) Homeowner Association. A homeowner association, condominium association or similar legal entity approved by City Council shall be created to maintain and control common areas and facilities of the RCD. At a minimum, the association's bylaws, covenants and restrictions, or code of regulations shall include all of the following:
(1) Membership in the association shall be mandatory for all owners of lots and dwelling units.
(2) The association shall be responsible for control, maintenance, and insurance of all common areas and facilities.
(3) The association shall have the power to impose assessments on members for the costs of control, maintenance, and insurance of common areas and facilities; shall have the power to place liens against individual lots and dwelling units for failure to pay assessments; and shall have the power to establish and enforce rules and regulations for use and payment of the assessments.
(4) The association shall have the authority to enforce reasonable rules and regulations governing the use, control, maintenance, and insurance of common areas and facilities.
(5) The conditions and timing of transfer of control of the association and its assets and liabilities from the developer to the owners of lots and dwelling units shall be clearly stated.
(6) The association shall only authorize its dissolution or the sale, transfer, or other disposal of any common area of facilities, including common open space, with an affirmative vote of at least seventy-five percent (75%) of its members, and having first established a successor entity to take over the common areas and facilities; and with the approval of City Council.
(7) Upon its establishment, the association shall convey to the City and other appropriate government bodies the right to entrance, after proper notice, to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety, and welfare. The City shall have the right, after proper notice: to make improvements and to perform maintenance; to proceed against the association for reimbursement of the costs thereof; and to file liens against individual owners of lots and dwellings.
(8) Any amendments to the foregoing provisions required by subsections (1) through (7) shall be approved by the City Council.
(9) When a homeowner association is created for an RCD having de minimus lots, the homeowner association shall be perpetually responsible for the maintenance and control of all land on de minimus lots outside of the foundations of the dwellings.
(m) Procedure for Review and Approval of RCD.
(1) Preliminary Approval Procedure.
A. The applicant shall submit an application to the Planning Commission which shall include, at a minimum, the following:
1. Development plan including:
a. Illustration of existing conditions including "developable" and "undevelopable" areas, existing structures and lot lines within one hundred (100) feet of all boundaries of the proposed RCD area;
b. Preliminary site plan illustrating all proposed structures and lots, public and private streets, common areas, setbacks and separations;
c. Preliminary architectural plans and guidelines;
d. Preliminary landscape plans for all common areas; locations of buffers and fences;
e. Preliminary utility plan; and
f. Preliminary grading and storm water facility plan.
2. Preliminary Plat. If the RCD is proposed to create lots, a preliminary subdivision plat shall be submitted complying with the requirements of the Planning and Zoning Code. Where a plat is required, approval of the preliminary RCD shall only be granted subject to approval of the preliminary plat.
3. Draft of proposed bylaws, covenants and restrictions, and code of regulations for condominium or homeowners association.
4. The Planning Commission may, subsequent to consultation with the City Engineer, require a traffic impact study, prepared by a qualified traffic engineer, projecting the volumes of traffic to be generated by the RCD and evaluating the impacts on streets accessed by the RCD.
B. The Planning Commission shall review the application and, within sixty (60) days after receipt, make a recommendation to City Council to approve, approve with conditions and amendments, or deny the preliminary application for the RCD.
C. Within sixty (60) days after receipt of the recommendation of the Planning Commission, City Council shall take action to approve, approve with conditions and amendments, or deny the preliminary application for the RCD.
(2) Final Approval Procedure.
A. Approval by City Council of the preliminary application for the RCD shall authorize the applicant to submit a final application for the RCD. The final application shall be submitted within six (6) months after the approval of the preliminary application or the approval shall lapse.
B. The applicant shall submit a final application to the Planning Commission which shall include, at a minimum:
1. Detailed Development Plan, conforming with the approved preliminary application, and including:
a. Detailed site plan illustrating all proposed structures and lots, easements, rights-of-way, common areas, setbacks and separations, "developable" and "undevelopable" areas;
b. Detailed architectural plans and guidelines for all structures;
c. Detailed landscape and lighting plans for all common areas; locations of buffers and fences; typical landscape plans for all dwellings;
d. Detailed utility construction plans;
e. Detailed grading and storm water management plan; and
f. Phasing plan. If development of the RCD will be in phases, the area and features of each phase.
2. Development Agreement committing the applicant to construct within two years the improvements specified in the approved Detailed Development Plan, including financial guarantees for all public improvements and private improvements, including but not limited to: roadways, water lines, sanitary and storm sewers, storm water facilities, sidewalks, walking and biking trails, recreational facilities, and landscaping amenities and screening in common areas (including but not limited to plantings, earthen mounds, fences, walls, planters, benches, mail stations and other such items). Financial guarantees shall be as approved by the City Engineer and the Director of Law. The Development Agreement shall also require from the applicant, or any successor in interest to the RCD, a maintenance bond in an amount equal to twenty percent (20%) of the final construction cost of all improvements, both public and private, to guarantee the workmanship and material for a period of two (2) years following the completion of all improvements and the release of the original financial guarantee.
3. Final Plat. If the RCD is proposed to create lots, a final subdivision plat complying with the requirements of the Subdivision Regulations. Where a plat is required, approval of the final RCD shall only be granted subject to approval of the final plat.
4. Final bylaws, covenants and restrictions, and code of regulations of the condominium or homeowners association, in a recordable format.
C. The Planning Commission shall review the detailed development plan, development agreement, final plat, bylaws, and deed restrictions of the RCD and within sixty (60) days after receipt, make a recommendation to City Council to approve, approve with conditions and amendments, or deny the aforesaid. Within sixty (60) days after receipt of the recommendation of the Planning Commission, City Council shall take action to approve, approve with conditions and amendments, or deny the aforesaid documents.
D. In conformance with the provisions of this section and subsequent to completion of all procedures and approvals required herein, the Zone Map shall be marked to indicate the boundaries of the RCD within which the provisions of the approved development plan shall be enforced.
E. The final bylaws, covenants and restrictions, and code of regulations of the condominium or homeowners association shall be recorded with the County Recorder's Office prior to the issuance of any building permits for the RCD.
F. Amendment of Plans. An approved, detailed RCD development plan may be amended with the approval of the Planning Commission provided the amendments comply with the approved preliminary development plan. When the Planning Commission determines that an amendment is not consistent with the approved preliminary development plan, the Commission shall make a recommendation to City Council for approval, approval with conditions, or denial.
(Ord. 14-2003. Passed 6-10-03; Ord. 29-2007. Passed 6-27-06.)