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Bentleyville City Zoning Code

CHAPTER 1272

Special Restrictions

1272.01 APPLICATION.

   (a)   The designation of Special Restricted Development Districts in the Village is intended to reflect the unique circumstances of extreme topography, soil conditions, flood plains, water resources and outstanding natural features. It is hoped that future development will protect and enhance the existing and desired character of land uses in the Village and will be developed in accordance with a comprehensive plan. Council acknowledges that the natural features of the Village are assets commonly enjoyed by all the residents of the Village and, in combination, create the character of the community.
   (b)   The provisions of Special Restricted Development Districts shall overlap other districts throughout the Village and shall provide supplementary regulations for these areas.
   (c)   At the time it is determined this chapter will apply to a property, the property owner desiring to take action on the property shall deposit with the Village Clerk-Treasurer an amount of money as determined by the Village Engineer, not less than three hundred dollars ($300.00), to cover the cost and expense of such investigation as may be necessary to fully review such application and any accompanying maps, and to report upon the same to the Planning Commission. The engineering and legal cost and expense of such investigation shall be deducted from such deposit. If such expenditure exceeds the deposit, such excess shall be paid to the Village Clerk-Treasurer by the applicant upon the request of the Clerk-Treasurer. If such deposit exceeds such expenditure, the balance shall be refunded to the applicant. A final inspection shall be performed by the Engineer to ascertain compliance with the terms of this chapter, and shall be paid out of the applicant's bond provided for herein.
(Ord. 1983-35. Passed 4-11-84; Ord. 2000-49. Passed 2-21-01.)

1272.02 PURPOSE AND INTENT.

   In the interest of public health, safety, convenience, comfort, prosperity and general welfare, Special Restricted Development District Regulations are hereby established to achieve, among others, the following purposes:
   (a)   To regulate and control development of defined natural features and resources, including hillsides, steep valleys and surface water courses;
   (b)   To preserve these natural features so as to minimize disturbance by permitted uses and to protect these resources from hazardous or abusive land development practices;
   (c)   To maximize the natural environmental value of these areas as well as their scenic beauty.
(Ord. 1983-35. Passed 4-11-84; Ord. 2004-23. Passed 11-17-04.)

1272.03 PERMITTED PRINCIPAL AND ACCESSORY USES.

   The following schedule of uses shall be in addition to other district regulations:
   (a)   Steep Slopes. In areas of steep slopes, meaning slopes leaving average contours of 15% or greater, where the particular use is permitted under other regulations herein, development shall be further limited to:
      (1)   Single-family homes on 80,000 square foot lots;
      (2)   Single-family homes in cluster developments where private lots may be reduced to 43,563 square feet and the remainder left in public open space, but in no case shall the overall net density be greater than one single-family home per each 60,000 square feet;
      (3)   Public parks and recreation;
      (4)   Public facilities; and
      (5)   Churches.
   (b)   Ponds, Streams and Other Watercourses. In areas of ponds, streams and other watercourses, permitted development shall be further limited to:
      (1)   All uses listed under this section.
      (2)   Public parks and recreation;
      (3)   Single-family homes excluding any private sewage disposal system; and
      (4)   Public facilities, excluding a solid waste disposal and sanitary treatment plant, unless secondary or tertiary treatment is provided.
(Ord. 1983-35. Passed 4-11-84; Ord. 2004-23. Passed 11-17-04.)

1272.04 SUPPLEMENTARY REGULATIONS FOR HILLSIDES, PONDS AND OTHER WATERCOURSES.

   (a)   Hillsides. Slopes greater than 15% shall be further controlled as follows:
      (1)   Changes in the contours, or grading, excavation, removal or destruction of topsoil, trees or other vegetation, shall be permitted only where absolutely necessary and where the plan is reviewed and approved by Council;
      (2)   Development shall preserve salient natural features, keep cut fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential;
      (3)   Whenever possible, natural vegetation shall be retained, protected and supplemented; and
      (4)   All streets and drives shall be designed to follow the contours and shall minimize grades, cut and fill, and disturbance to the natural vegetation.
   (b)   Ponds and Other Watercourses. Ponds and other watercourses shall further be controlled as follows:
      (1)   Solid waste, sewage or other pollutants shall not be allowed to enter any ponds, streams or other watercourses; and
      (2)   Natural streams or other watercourses shall not be diverted, damned, filled or otherwise changed without submission of a plan to Council for its review and approval. Any change proposed shall not significantly alter the flow, direction or quality of the natural watercourse.
(Ord. 1983-35. Passed 4-11-84; Ord. 2004-23. Passed 11-17-04.)

1272.05 DEVELOPMENT PLANS.

   (a)   Council may require plans of development for any or all development proposed in a Special Restricted Development District. Such requirement shall be accompanied with data and maps as deemed appropriate by Council, including:
      (1)   Plot plans of the lot showing the location of all present and proposed buildings, drives, parking lots, contours, waste disposal facilities and landscaping. All natural features such as streams, lakes, steep hills, flood plains and all existing adjacent development shall be indicated;
      (2)   Engineering plans showing all drainage and utility proposals and the location, type and width of all proposed roadways, walks, curbs and sewers, with grades and typical cross sections. Engineering plans shall show, if applicable, methods for the control of drainage, soil erosion, flooding, sedimentation and air and water pollution; and
      (3)   Other data and information describing the proposal, listing the owner's name, the area of land, topographic features, reasons for changes and other material deemed necessary by Council in order to reasonably assess compliance with these regulations and the impact on and the safety of the community.
   (b)   Council may hold public hearings on any and all development proposals which, in its opinion, warrant such public review.
(Ord. 1983-35. Passed 4-11-84.)