Bratenahl City Zoning Code
CHAPTER 1162
Planned Residential Development Districts
1162.01 INTENT.
(a) A primary objective of the Village is to encourage new, high-quality residential development at selected locations, as defined in the Village Plan, which is sensitive to the unique character and potential of the Village. Toward achieving this objective, the Village has, in adopting the Village Plan, clearly identified those locations where planned development is to be encouraged, and indicated the basic scale of development appropriate to these locations.
(b) The purpose of the Planned Development District is to:
(1) Encourage unique and outstanding design that can respond to the type of market most likely to be economically successful in the Village;
(2) Achieve development which is consistent with the scale and character of the Village; and
(3) Preserve and utilize topography and other natural site features and natural resources to both protect the natural environment and enhance the beauty of the landscape.
(c) The Planned Development Districts offer opportunities for design, innovation, for combining a variety of housing types into a single development, and the opportunity for creating unique high-quality residential environments. Therefore, this chapter sets forth zoning standards and land planning and design criteria, supplementary to those applicable in the standard zoning districts established by this Code, under which a developer may prepare development plans particularly designed to meet and solve the unusual and unique opportunities and conditions which exist in the Planned Development Districts, as defined and designated by the Zone Plan or Map adopted as part of this Code.
(Ord. 3051. Passed 1-17-01.)
1162.02 ESTABLISHMENT OF PLANNED RESIDENTIAL DEVELOPMENT DISTRICTS.
Planned Residential Development Districts are established by this Code and are defined on the Village Zone Plan or Map adopted as part of this Code. Upon application and submission of plans and approval by the Planning Commission and Council, in compliance with the procedures set forth in Chapter 1164, development plans may be approved and occupancy and building permits issued for parcels within these designated Planned Residential Development Districts in accordance with the provisions of this chapter.
(Ord. 3051. Passed 1-17-01.)
1162.03 LAND LOCATED IN BOTH STANDARD RESIDENTIAL AND PLANNED RESIDENTIAL DISTRICTS.
As disclosed by the Zone Plan or Map, structures and land located in one or more Standard Residential Districts may also be located in a Planned Residential Development District (PRD). Where any land or structure is located both in a Standard Residential District and in a PRD District, all provisions of this Code applicable in such standard residential district shall apply to such land and any structure thereon except during such time as a preliminary plan or final plan of a development area which includes such land has been approved and is in force and effect. During such time as an approved preliminary or final plan is in force and effect, all provisions of this Code applicable in such PRD District shall also apply to such land and any structure thereon provided that, during such time, any provision of this Code applicable in the PRD District shall prevail and take precedence over any conflicting provisions of this Code applicable in the Standard Residential District.
(Ord. 2242. Passed 7-13-81.)
1162.04 USES PERMITTED.
Because a primary purpose of the Planned Residential Development District is to encourage innovative and high-quality design, which shall preserve and enhance the unique residential environment of the Village, all types of dwellings as set forth in subsection (a) below are permitted in the Planned Residential Development District.
(a) Principal Uses in a PRD District. One-family detached dwellings, developed on subdivided lots or in a flexible arrangement on the site in compliance with this Chapter.
(Ord. 3051. Passed 1-17-01.)
(Ord. 3051. Passed 1-17-01.)
(b) Permitted Accessory Uses in the PRD District.
(1) Gardens, fences, walls, ornamental pools, patios and other landscaping features.
(2) In-ground swimming pools, tennis courts and related terraces, sitting areas and landscaped areas for the private recreational use of residents within the District.
(3) Private garages and storage garages as required by this chapter for the private use of residents within the District.
(4) Private ways and open guest parking areas to provide access to and serve the residential units within the District.
(5) Facilities for the disposal and removal of rubbish, trash and garbage in compliance with the provisions of this and all other applicable regulations.
(6) Enclosed facilities for the storage of building and grounds maintenance equipment and supplies which shall be integrated into the overall design and plan for the development.
(7) Other facilities and areas for the exclusive use of, and operated specifically for, residents of the development may be included with the approval of the Planning Commission and Council; such as separate storage areas, vehicle service facilities, meeting, social or club room facilities and similar uses.
(c) Conditional Accessory Uses in the PRD District. Within the PRD District, the Planning Commission and Council may approve as elements within a specific planned residential development area certain conditional accessory uses which because of their unique nature and special characteristics are not permitted by right. Such uses may be permitted if certain conditions are met, if such uses are planned as an integral part of a planned residential development area, and if such uses are designed to complement and enhance the principal residential uses and the surrounding community. The following accessory uses may be approved as part of a development plan for a planned residential development area, pursuant to Chapter 1164 of this Code, provided that they meet the conditions enumerated hereunder and are deemed by the Planning Commission and Council to complement and enhance the principal residential uses of the planned residential development area, and the surrounding community and will not adversely affect the objectives of this chapter.
(Ord. 2677. Passed 1-20-93.)
(1) Private boat basin facility. A private boat basin facility provided that:
A. The facility is operated as a non-profit private organization, association or facility which is controlled by the residents of the planned residential development area and twenty-five percent (25%) of the docks or slips are owned and used, both initially and on a continuing basis, by Village residents.
(Ord. 2865. Passed 11-20-96.)
B. No dockage, retail sales or services to the general public shall be offered or permitted.
C. No storage of boats out of water shall be permitted, and no ramp shall be permitted.
D. Adequate parking space shall be provided as determined by the Planning Commission and Council.
E. The size and location of all facility parking lots and required facility set backs shall be determined by the Planning Commission in accordance with acceptable industry standards as recommended by the Village Planner.
F. Access to the facility shall be controlled and limited to owners or members and their guests. Access to the facility shall be by a separate street or private way which shall not be an integral part of an access way to residential dwellings.
G. No signs other than identity sign and directional graphics shall be permitted.
H. Structures, parking areas, and other ancillary elements of the facility shall conform with all applicable provisions of this chapter.
I. Prior to commencement of any construction of the facility, all required outside governmental agency approval shall be secured and it shall be demonstrated to the Planning Commission that the requirements of subsection 1162.04(c)(1)A., above, have been met for the approved construction phase. In addition, two docks may be installed for each new dwelling unit that is completed in the planned residential development.
J. Final development plans shall include a detailed statement of the name and form of ownership, the form of ownership of the docks or slips, requirements for membership, and operating agreements. All final development plans shall be subject to the approval of the Planning Commission.
K. All plans for such a facility, including any breakwall, shall be prepared by a qualified engineer and shall be reviewed and approved by an engineer employed by the Village, at the developer’s expense. The Village’s engineer shall also provide for ongoing site inspections, at the developer’s expense, throughout the construction period. The Village’s engineer shall be required to provide a final approval for the entire facility, including any breakwall, prior to its use.
L. Once construction of the boat basin or breakwall commences and in order to ensure and guarantee the developer’s performance, the developer shall be required to file with the Village financial guarantees, in the form of a performance bond, letter of credit, funds or other surety approved by the Solicitor, in an amount equal to the Village engineer’s estimate of the total cost of material and labor required to construct the facility. Upon the Village engineer’s recommendation, such guarantee shall be reduced by an amount equal to the estimated cost of the completed portion.
M. Upon completion of the facility and prior to its use, the owner shall obtain a special permit from the Village which provides:
1. The dock number(s) and size(s);
2. The names and addresses of all owners/lessors; and
3. Copies of all inspection reports made by any governmental body relating to the facility for the preceding twelve months.
Thereafter, all facilities shall be required to renew their special permit every twelve months for the facility’s continued operation. Failure to provide the required information shall result in the revocation of a facility’s special permit.
(2) Private club. One private club including dining, meeting, recreation and limited lodging facilities, provided that:
A. The facility shall be operated as a private nonprofit facility for the benefit of the members.
B. Membership shall be open to all residents of the planned residential development area, but a substantial number of the dwelling unit owners within the planned residential development area shall automatically be members, such number to be determined by the Planning Commission based on the size of the planned residential development area, the size of the proposed club and other pertinent considerations. These dwelling units which carry automatic membership shall be designated on the planned residential development plan by the developer, and shall be approved by the Planning Commission. Not less than one-fourth of the total membership of the club, both initially and on a continuing basis, must be owners of dwelling units within the planned residential development area or docks or slips.
C. No retail sales or services to the general public shall be permitted.
D. The size and location of club parking lots and required set backs shall be determined by the Planning Commission in accordance with acceptable industry standards as recommended by the Village Planner.
E. Access into the facility shall be controlled and limited to members and their guests. Access to the facility shall be by a separate street or private way which shall not be an integral part of an access way to residential dwellings.
F. Lodging facilities shall be only for overnight or limited occupancy as guests of a member of the club and not on a commercial basis. Lodging facilities shall not include cooking facilities of any type.
G. Outdoor dining terraces, swimming pools, tennis courts and similar facilities are permitted and shall comply with all applicable provisions and requirements of this chapter.
H. Adequate parking space shall be provided as determined by the Planning Commission and Council.
I. No signs other than an identity sign and directional graphics shall be permitted.
J. Final development plans shall include a detailed statement of the form of ownership, of the private club, requirements for membership and operating agreements. All final development plans shall be subject to the approval of the Planning Commission.
K. Upon completion of the facility and prior to its use, the owner shall obtain a special permit from the Village which provides:
1. The names and address of all members;
2. The number of memberships of each members; and
3. Copies of all inspection reports made by any governmental body relating to the facility for the preceding twelve months.
Thereafter, all facilities shall be required to renew their special permit every twelve months for such facility’s continued operation. Failure to provide the required information shall result in the revocation of a facility’s special permit.
The Planning Commission and Council may impose such additional conditions to the approval of a conditional accessory use as they deem necessary to assure that the facilities are operated as an accessory facility to the overall planned residential development area in which it is located, and not as a principal use, and they shall also apply this standard in making the determinations set forth herein.
(Ord. 2677. Passed 1-20-93.)
1162.05 AREA, HEIGHT AND GENERAL DEVELOPMENT STANDARDS AND REQUIREMENTS.
The standards, criteria and requirements set forth in this section are intended as minimums for development in planned residential development areas to provide protection and assurance to surrounding development and to prevent development which is incompatible, undesirable and unsuccessful within the Village.
The various area, height and site planning standards, criteria and requirements are as follows:
(a) Minimum Development Area. Sites which are the subject of the individual applications for development plan approval under the provisions of this chapter shall be comprised of a single parcel or a group of contiguous parcels for which the applicant has secured written authorization from the owner(s) of record to make such application and which shall contain in the aggregate not less than 5 acres when such group of contiguous parcels are consolidated into one. Development plans for sites containing less than the required minimum land area may be submitted under the provisions of this chapter as additions to a large planned residential development areas then in force, provided such additions are contiguous to such previously approved areas and are integrated into an overall preliminary and final development plan for the total combined sites and otherwise are in accordance with all other requirements of this chapter.
(b) The maximum density shall not exceed 1.5 dwelling units per acre. Within an individual planned residential development area the dwelling units need not be distributed evenly, however, the total number of units shall not exceed the product of the total number of acres of land multiplied by the permitted density.
(c) Land Coverage. Land coverage means the total land area within a planned residential development area that is occupied or covered by structures, including dwellings, garages, storage buildings and surface parking areas, but not including terraces, walls, pools, walks and similar landscaping or outdoor recreational areas, internal circulation and access drives, public rights-of-way, and utility easements and not including the area of any structure which extends less than three feet above average finished grade and which is developed as a terrace, pool or similar landscaped outdoor area. For a PRD area, land coverage shall not exceed twenty- two percent (22%) of the total site area. In additional, total land coverage for a PRD area, including terraces, walls, pools and other amenities excluded from the definition of land coverage shall not exceed forty percent (40%).
(d) Dwelling Unit Floor Area. Floor area means the sum of the area of the several floors of a dwelling unit as measured from the interior faces of the perimeter walls of such dwelling unit. However, there shall be excluded from the floor area any portion of a floor having a ceiling height of not more than four feet six inches, any basement or attic not designed or finished or intended for normal living purposes, and any relatively open portion of the building exterior such as balconies, porches or terraces. The required minimum floor areas for each dwelling unit shall not be less than 1,800 square feet. The average floor area for all dwelling units shall not be less than 2,000 square feet.
(e) Parking Requirements. Not less than two parking spaces shall be provided for each dwelling unit within a planned residential development area. All such spaces shall be within a totally enclosed private garage attached to the dwelling unit, which shall consist of not less than 440 square feet, exclusive of necessary access drives or circulation aisles. In addition, one parking space for each two dwelling units shall be provided as guest or visiting parking. Such guest or visitor parking spaces may be open, enclosed or partially enclosed, and each space shall contain not less than 200 square feet, exclusive of access drives or circulation aisles.
(f) Required Building Setbacks. All principal and accessory building structures in minimum distance set forth in the following schedule:
Minimum Distance (feet) | ||
(1) | From any street line abutting Lake Shore Blvd. | 75 |
(2) | From any other street line | 50 |
(3) | From any property line adjoining a district zoned exclusively as a Standard One-family Residential District | 50 |
(4) | From any property line adjoining an existing or potential planned residential development area | 40 |
(5) | From a private drive serving 40 or more units | 35 |
(g) Building Height. The height of any building or structure containing a permitted principal use within a PRD area shall not exceed three stories or thirty-five feet in height. The height of any accessory building shall not exceed fifteen feet.
(h) Open Space Requirements. One of the purposes of the PRD regulations is to permit design flexibility to preserve the Village’s natural features and significant open space areas. To achieve this objective:
(1) All PRDs shall be designed and arranged so that all dwelling units and access drives are located to preserve: natural areas, streams, creeks, and natural drainage, wooded areas, large trees, and views to natural areas and the lake to the maximum extent possible; and
(2) The preservation of both natural features and open space areas shall result in a consolidated land area, or series of areas, which in the aggregate, represent a minimum of twenty percent (20%) of the project’s development area. Land fragments between buildings, between buildings and drives, between buildings and adjacent property lines, and otherwise unbuildable fragments shall not be considered as satisfying this minimum open space requirement.
(Ord. 3051. Passed 1-17-01.)
(Ord. 3051. Passed 1-17-01.)
1162.06 LAND PLANNING AND DESIGN CRITERIA.
(a) Purpose and Objectives. The Village recognizes that skillful and high-quality design and arrangement of buildings, structures and outdoor areas is an important factor in the development of residential areas and in the maintenance and protection of the health, safety, general welfare and property values throughout the community. In establishing the land planning and design criteria, guidelines and requirements, it is he purpose and intent of the Village to achieve the following basic objectives in the planning and design of planned residential development areas:
(1) Preservation of the unique residential character along Lake Shore Boulevard in terms of privacy from any street and spacious internal landscaped grounds.
(2) Insurance of public safety including vehicular and pedestrian traffic and accessibility of dwelling units for emergency services.
(3) Creation of appropriate settings, incentive for innovative and outstanding architectural design, integrated with land planning for the site.
(4) Preservation of the existing character and unique views in the Village including the visual character of the community in terms of scale, architectural design and landscaping.
(5) Protection and maintenance of the shoreline of Lake Erie.
(6) Protection and maintenance of light, air and views for neighboring property.
(b) Access to Site. Vehicular access to PRD sites shall be located and designed specifically to:
(1) Provide a safe entrance and egress from the site with adequate visibility and sight distances and respect for existing intersections and driveways;
(2) Preserve, insofar as practicable, existing walls, gates, landscaping and other features;
(3) Permit access by fire protection and other emergency vehicles and normal service vehicles; and
(4) Prevent through traffic.
Any street or private way shall be located not less then twenty feet from any adjoining property line at the intersection with the street line and such intersection shall be at ninety degrees as nearly as practicable.
Streets or private ways shall be developed in accordance with Chapters 1135 and 1137 and shall be paved to a width of not less than twenty-five feet for a distance of not less than seventy-five feet from the street property line. Streets or private ways may be divided with a landscaped median to separate entering and exiting traffic. Such median shall be not less than eight nor more than twenty feet in width and each roadway shall be paved to a width of not less than twenty-one feet.
If a street or private way serves more than 40 PRD units or if a conditional accessory use requires more than 60 parking spaces, the minimum width of the separate street or private way thereto shall be 25 feet. If access to the site is to be controlled by a private security guard, facilities for control shall be located so as to be visible from the street and to prevent obstruction of traffic in the street by automobile awaiting access.
(c) Internal Circulation. Internal circulation may be by a street or private way. Such street or private way shall be located to provide adequate access to all units and parking areas for safety and convenience purposes, to minimize intrusion upon the views and landscaped areas of the site, and to minimize impact upon adjoining properties, and shall be located not less than twenty feet from any property line and be adequately screened and buffered with landscaped areas from such adjoining property and shall be located not less than twenty feet from any principal building, except for direct access into enclosed parking facilities or convenient “drop-offs” at building entrances.
Internal pedestrian circulation shall be provided by an internal walkway system
which shall provide safe pedestrian access between each dwelling unit and Lake Erie, where applicable, and between each dwelling unit and required resident and guest parking areas, and such common facilities as swimming pools or tennis courts and other major accessory uses as the Planning Commission may decide.
Such walkways shall be integrated with the landscaping for the site and with the
arrangement of buildings to assure safe and convenient access and to prevent unnecessary conflict between common walkways and areas and the privacy of individual units.
(d) Parking Area and Facilities.
(1) Entrances to garages shall be located and designed so as not to interfere with the safe movement of traffic into and within the site and should be located and screened to minimize their visibility from the street and surrounding properties and from the principal views of dwelling units within the site.
(2) Required additional parking for guest and visitor use located in open parking areas shall be located not less than seventy-five (75) feet from any property line abutting Lake Shore Boulevard and not less than twenty-five (25) feet from any other property line. If such additional guest and visitor parking is provided within partially enclosed or enclosed garages, such parking shall be located in compliance with all appropriate regulations in this chapter governing accessory structures and parking garages.
(3) All guest and visitor parking provided in open areas shall be paved in accordance with specifications approved by the Village Engineer and shall be maintained free from dust, paper, other loose particles, snow and ice. The design and arrangement of such parking spaces shall not interrupt or conflict with the normal movement of vehicles on the site or restrict access to any other required parking areas or facilities on the site. Guest and visitor parking areas shall be distributed throughout the site and at least the required number of such additional spaces shall be located within 250 feet of the principal entrance of a dwelling unit or dwelling structure.
(e) Provision for Services and Service Facilities.
(1) Within any planned residential development area, appropriate facilities for the private disposal of trash, garbage and rubbish shall be provided.
(2) The developer shall demonstrate that the proposed development plan has made adequate provisions for access by delivery and service vehicles, trash, garbage and rubbish removal vehicles, and emergency service vehicles to all dwellings in compliance with the provisions of Chapters 1135 and 1137 and all other applicable regulations.
(3) All utility services, including, but not limited to, electric, telephone and television cable, shall be installed underground throughout the entire development.
(4) Any necessary above-ground service, storage or utility facilities shall be completely screened with decorative walls and/or landscaping from the surrounding area and shall comply with all requirements for accessory structures.
(f) Building Arrangement and Spacing. The criteria for building spacing arrangement set forth in this section are intended to provide considerable latitude and flexibility to encourage variety, innovation and high quality in the design and arrangement of buildings and landscape features.
Developers in planned residential development areas are encouraged to cluster buildings and structures to provide for efficiency of accessibility and service, to provide variety in the size and character of outdoor spaces and areas, and to preserve large open grounds which are characteristic of traditional development in the Village. The site and architectural design shall provide for the privacy of each dwelling unit.
All dwellings units shall be provided with adequate light and air, means of egress and separations for fire protection, as required by the Village Building Code and the Ohio Basic Building Code.
The minimum distance between any two units in a planned residential development area shall be:
(1) A minimum of forty feet between facing walls with living space less than sixty feet in length or between facing walls which have an overlapping portion less than sixty feet in length.
(2) A minimum of twenty-five feet when a wall with living space faces a garage.
(3) A minimum of twenty-five feet between garages.
(Ord. 3051. Passed 1-17-01.)