The Class B-3 Rural Residential District is established to recognize and accommodate, in a development area of at least 200 acres, creative and imaginative planned community design, 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 District regulations, to permit:
(A) In a large scale planned development, a variety of dwelling types, including single-family and multi-family dwellings, which may be either attached or detached, and constructed at an average density of three and one-half dwelling units per acre;
(B) 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;
(3) The provision of readily accessible recreation areas and green space;
(4) The creation of functional and interesting residential areas; and
(5) The provision of a necessary complement of community facilities such as central sanitary sewer and central water supply systems.
(Ord. 90-87, passed 9-2-1987)
§ 1272.02 DEVELOPMENT AREA AND DENSITIES.
A development area of not less than 200 acres shall be developed in a B-3 District. The dwelling units need not be distributed at a uniform density throughout the development area. However, the average density of the dwelling units shall not exceed three and one-half units per acre.
(Ord. 90-87, passed 9-2-1987)
§ 1272.03 FLOOR SPACE.
(A) Any dwelling unit constructed on a 20,000 square foot lot or larger, sold in fee simple, shall contain a minimum floor area of 1,550 square feet. All other dwelling units shall contain a minimum of 950 square feet. However, the average floor area for all of the units in the development area shall be 1,150 square feet.
(B) These areas shall be computed as the sum of all the floor areas measured from the interior face of exterior walls, the interior face of party walls, and the interior face of all other interior walls separating the unit from other spaces within a building, including one-half the floor area of balconies. Excluded are public areas, building service areas and garage, storage and basement areas.
(Ord. 90-87, passed 9-2-1987)
§ 1272.04 GARAGE AREAS.
(A) The minimum garage area required for a unit shall be 200 square feet per 1,200 square feet, or fraction thereof, of air conditioned and/or heated area in the dwelling unit. All dwelling units in excess of 1,201 square feet of air conditioned and/or heated area shall be required to have 400 square feet of garage area.
(B) Garages at grade level should be designed, wherever practical to do so, so that the doors are turned so as not to face directly upon a dedicated public street, except in the case of single-family, fee simple owned, dwelling units. Every effort should be made to recess or otherwise screen the garage doors of multi- family dwelling units from dedicated public streets. Entrance courts or other similar landscape forms are encouraged and recommended.
(C) One open parking space may be permitted near the entrance of the dwelling unit served. Open parking for more than two parking spaces shall be screened by walls or hedges or shall have a buffer strip of landscaped area surrounding the same. The paved areas for more than 12 parking spaces shall be interrupted with landscaped planting areas.
(Ord. 90-87, passed 9-2-1987)
§ 1272.05 LAND COVERAGE.
(A) For the purpose of computing land coverage, garages at ground level shall be included but garage roofs below grade, if landscaped or developed as a terrace or with similar landscape treatment, may be excluded.
(B) The sum of the condominium and ground level garage coverage shall not exceed more than 30% of the development area.
(Ord. 90-87, passed 9-2-1987)
§ 1272.06 MAXIMUM DWELLING UNIT HEIGHT.
No building shall be erected or an existing building altered which exceeds three stories or 35 feet in height, measured from the first floor line to the highest point of the roof.
(Ord. 220-98, passed 3-15-1999)
§ 1272.07 ACCESSORY USES.
(A) Single-Family and Multi-Family Dwellings. The accessory uses provided for in § 1268.02 shall be permitted for single-family and multi-family dwellings in B-3 Districts. The Planning Commission may vary the number and location of accessory buildings in cluster/multi-family development areas.
(B) Development Areas. Accessory uses in development areas shall be as follows.
(1) Gardens, fences, walls, pools and other recreational facilities on private and common land are permitted.
(2) Shops and service establishments intended primarily to serve the daily living needs of the occupants of the development area, such as a food shop, a florist, a gift shop, a newsstand, a beverage shop, a restaurant, a beauty and/or barber shop, a laundry and/or dry cleaning agency and a branch bank, are permitted by special permit with the approval of Council.
(3) The following accessory uses are required:
(a) Facilities for the disposal of garbage and rubbish according to specifications, if any, of the city;
(b) Garages for dwelling units in accordance with § 1272.04(A);
(c) Parking areas for the use of guests of the occupants of multi-family dwelling units in accordance with § 1272.04(C); and
(d) Facilities for commercial and service delivery vehicles, if any, with enclosed areas separated from pedestrian circulation in the development area and separated from garage areas.
(A) Each multi-family dwelling unit shall be served by a local street, not dedicated for public use, so as to exclude all through traffic. The vehicular circulation system and parking facilities shall be designed to fully accommodate the automobile with safety and efficiency without permitting it to dominate and destroy the form of the group or neighborhood.
(B) The minimum standards for the streets serving the single-family and the multi-family areas of the development area shall be in accordance with the schedule set forth below:
(1) Double lane width dedicated streets shall be a minimum of 22 feet wide;
(2) Single lane width local streets shall be a minimum of 12 feet wide;
(3) Double lane width local streets shall be a minimum of 18 feet wide; and
(4) All dedicated public streets and all local streets shall be paved and drained in accordance with § 1272.13.
(Ord. 90-87, passed 9-2-1987)
§ 1272.09 PRIVATE LAND.
In the planning of multi-family dwelling units in a variety of groups or clusters, land shall be provided for the private outdoor use of the occupants at such locations as the entrances and garden side of the building.
(Ord. 90-87, passed 9-2-1987)
§ 1272.10 COMMON LAND.
The common land shall be readily accessible and of such conditions, size and shape as to be usable for parking areas, recreation and natural and landscaped areas. The integrity of the common land shall be guaranteed from further division or other changes through deed indenture by explicit prohibition of other than the intended uses and exempt from further amendment except upon prior approval of Council.
(Ord. 90-87, passed 9-2-1987)
§ 1272.11 LANDSCAPE PLAN AND SITE APPEARANCE.
(A) It is a requirement of these regulations that all trees, shrubs and other site features be retained, if possible, and incorporated into the site and landscape plan of the development area. It is intended that a
program for quickly recreating the landscape environment of the city be a part of any development carried out under the provisions of this Zoning Code.
(B) All utilities installed within a B-3 District shall be entirely underground and shall be installed according to the specifications of the city.
(Ord. 90-87, passed 9-2-1987)
§ 1272.12 BUILDING ARRANGEMENTS AND LOT SIZES.
The locations of the dwelling units within the development area shall be arranged so that the distance between buildings and various parts thereof, the distances to the boundaries of the development area, and the sizes of lots, shall not be less than as set forth in this section.
(A) The distance between any building, or part thereof, in a B-3 District from the rear or side line of any lot within a dedicated subdivision, or any boundary line of a B-3 District which abuts ten or more contiguous rear property lines at the time of rezoning, shall be not less than 100 feet.
(B) In the case of a single-family, fee simple owned dwelling, situated on a building lot of 20,000 square feet or greater:
(1) Yard requirements shall be as regulated under § 1268.03;
(2) Projections shall be as regulated under § 1268.04;
(3) Area and height regulations as regulated under § 1268.05; and
(4) The number of dwellings and the lot area and width shall be as regulated under § 1268.06.
(C) In all other cases, the minimum distance between buildings shall be ten feet.
(D) The minimum lot size within the development area, or the minimum area which is reserved for the exclusive use of the owner of a dwelling unit, whether the unit is owned in fee simple or not, shall include not less than ten feet of side yards which need not be uniformly distributed, and not less than 20 feet to the front and rear of each dwelling unit.
§ 1272.13 PAVEMENTS, DRAINAGE, SIDEWALKS AND LIGHTING.
(A) Streets, drainage and sidewalks shall be designed in accordance with Chapter 1248 of the subdivision regulations.
(B) Street lighting shall be in accordance with Chapter 1252 of the subdivision regulations. Lighting shall be directed so as not to create a nuisance to adjoining residences.
(C) A pedestrian circulation system shall be included in the development and shall be designed to ensure that pedestrians can walk safely and easily throughout the development. The pedestrian system shall provide connections between properties and activities or special features within the restricted open space system and need not always be located along streets. Trails for which public right of passage has been established should be incorporated in the pedestrian circulation system.
(D) All local streets, pedestrian circulation systems, common lands and recreation areas within the development area shall be owned, managed and maintained by a homeowners association specifically established for such purpose and activity.
(Ord. 200-99, passed 12-20-1999)
§ 1272.14 LANDSCAPING; NATURAL ENVIRONMENT.
A minimum of 40% of the development area shall be landscaped or left in its natural state. The development of any development area shall be done in a manner so as to preserve the natural assets, such as brooks, valleys, trees and ravines, unless otherwise impossible to develop. Recreational facilities and recreational areas shall be considered part of the landscape and natural environment area.
(Ord. 90-87, passed 9-2-1987)
§ 1272.15 SEWAGE DISPOSAL.
No building shall be erected or an existing building altered unless there is provided municipal or county sanitary sewer exits as may be approved by the Ohio Environmental Protection Agency and the City Engineer. In the absence of any municipal or county sanitary sewer exits, the design and construction of an independent sanitary system, including a secondary and tertiary treatment plant or plants, may be approved, provided that such a system is designed and located so that it can be integrated into the comprehensive city sanitary sewerage system and the temporary treatment plant abandoned when public trunk sewers are installed.
(Ord. 90-87, passed 9-2-1987)
§ 1272.16 APPROVAL FOR SUBDIVISION OR DEVELOPMENT REQUIRED.
The developer of a B-3 District shall submit to Council a General Site Plan depicting the development area requested to be developed. The General Site Plan shall be approved by Council following the review and favorable recommendation of the General Site Plan by the Planning Commission. Such General Site Plan shall show the following:
(A) The boundaries of the proposed development area;
(B) A tabular summary of the total acreage of the proposed development area and the maximum allowable number of dwelling units;
(C) The topography of the development area, including contours of no greater interval than two feet;
(D) The proposed general street system, both local private streets and dedicated public streets, and general pedestrian circulation system for the proposed development area;
(E) The proposed locations for all areas for single-family and multi-family dwelling units and all nonresidential structures;
(F) The general plan for proposed sewer and water facilities; and
(G) The proposed reservations for recreational areas, including parks and playgrounds, open spaces and other community facilities, with a statement of the proposed methods to be employed to preserve and maintain recreational areas, open spaces, ponds and lakes.
(Ord. 90-87, passed 9-2-1987)
§ 1272.17 COMPLIANCE WITH APPROVED GENERAL SITE PLAN.
Any land zoned B-3 District under the provisions of this chapter shall be developed in the following respects and according to the General Site Plan submitted and approved by the Planning Commission and Council and according to the following provisions.
(A) The development of the development area (or, if phased pursuant to division (B) hereof, the development of each phase) shall commence as provided in § 1448.09 of the Building and Housing Code.
(B) The developer may phase or stage the development of the development area, provided that the developer of the same submits to Council and the Planning Commission a General Site Plan for each phase and/or stage of the development. The requirements of the Phase/Stage General Site Plan, and the approval process for the same, shall comply with the requirements of § 1272.16.
(C) Single-family residential development and multi-family residential development shall conform to the areas indicated for the respective types of residential development on the approved General Site Plan, except that in any area designated for multi-family residential development on the approved General Site Plan a single-family development may be constructed in lieu thereof.
(D) Recreational areas and open spaces shall be developed generally as indicated on the approved General Site Plan.
Any substantial proposed change from the General City Plan, with respect to compliance with the General Site Plan as required by this chapter, shall be allowed only upon approval by the majority of Council following a recommendation of the same by the Planning Commission. If the Planning Commission recommends that said change should not be approved by Council, said change shall require a concurrence of at least two-thirds of the members of Council for approval.
The Class B-3 Rural Residential District is established to recognize and accommodate, in a development area of at least 200 acres, creative and imaginative planned community design, 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 District regulations, to permit:
(A) In a large scale planned development, a variety of dwelling types, including single-family and multi-family dwellings, which may be either attached or detached, and constructed at an average density of three and one-half dwelling units per acre;
(B) 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;
(3) The provision of readily accessible recreation areas and green space;
(4) The creation of functional and interesting residential areas; and
(5) The provision of a necessary complement of community facilities such as central sanitary sewer and central water supply systems.
(Ord. 90-87, passed 9-2-1987)
§ 1272.02 DEVELOPMENT AREA AND DENSITIES.
A development area of not less than 200 acres shall be developed in a B-3 District. The dwelling units need not be distributed at a uniform density throughout the development area. However, the average density of the dwelling units shall not exceed three and one-half units per acre.
(Ord. 90-87, passed 9-2-1987)
§ 1272.03 FLOOR SPACE.
(A) Any dwelling unit constructed on a 20,000 square foot lot or larger, sold in fee simple, shall contain a minimum floor area of 1,550 square feet. All other dwelling units shall contain a minimum of 950 square feet. However, the average floor area for all of the units in the development area shall be 1,150 square feet.
(B) These areas shall be computed as the sum of all the floor areas measured from the interior face of exterior walls, the interior face of party walls, and the interior face of all other interior walls separating the unit from other spaces within a building, including one-half the floor area of balconies. Excluded are public areas, building service areas and garage, storage and basement areas.
(Ord. 90-87, passed 9-2-1987)
§ 1272.04 GARAGE AREAS.
(A) The minimum garage area required for a unit shall be 200 square feet per 1,200 square feet, or fraction thereof, of air conditioned and/or heated area in the dwelling unit. All dwelling units in excess of 1,201 square feet of air conditioned and/or heated area shall be required to have 400 square feet of garage area.
(B) Garages at grade level should be designed, wherever practical to do so, so that the doors are turned so as not to face directly upon a dedicated public street, except in the case of single-family, fee simple owned, dwelling units. Every effort should be made to recess or otherwise screen the garage doors of multi- family dwelling units from dedicated public streets. Entrance courts or other similar landscape forms are encouraged and recommended.
(C) One open parking space may be permitted near the entrance of the dwelling unit served. Open parking for more than two parking spaces shall be screened by walls or hedges or shall have a buffer strip of landscaped area surrounding the same. The paved areas for more than 12 parking spaces shall be interrupted with landscaped planting areas.
(Ord. 90-87, passed 9-2-1987)
§ 1272.05 LAND COVERAGE.
(A) For the purpose of computing land coverage, garages at ground level shall be included but garage roofs below grade, if landscaped or developed as a terrace or with similar landscape treatment, may be excluded.
(B) The sum of the condominium and ground level garage coverage shall not exceed more than 30% of the development area.
(Ord. 90-87, passed 9-2-1987)
§ 1272.06 MAXIMUM DWELLING UNIT HEIGHT.
No building shall be erected or an existing building altered which exceeds three stories or 35 feet in height, measured from the first floor line to the highest point of the roof.
(Ord. 220-98, passed 3-15-1999)
§ 1272.07 ACCESSORY USES.
(A) Single-Family and Multi-Family Dwellings. The accessory uses provided for in § 1268.02 shall be permitted for single-family and multi-family dwellings in B-3 Districts. The Planning Commission may vary the number and location of accessory buildings in cluster/multi-family development areas.
(B) Development Areas. Accessory uses in development areas shall be as follows.
(1) Gardens, fences, walls, pools and other recreational facilities on private and common land are permitted.
(2) Shops and service establishments intended primarily to serve the daily living needs of the occupants of the development area, such as a food shop, a florist, a gift shop, a newsstand, a beverage shop, a restaurant, a beauty and/or barber shop, a laundry and/or dry cleaning agency and a branch bank, are permitted by special permit with the approval of Council.
(3) The following accessory uses are required:
(a) Facilities for the disposal of garbage and rubbish according to specifications, if any, of the city;
(b) Garages for dwelling units in accordance with § 1272.04(A);
(c) Parking areas for the use of guests of the occupants of multi-family dwelling units in accordance with § 1272.04(C); and
(d) Facilities for commercial and service delivery vehicles, if any, with enclosed areas separated from pedestrian circulation in the development area and separated from garage areas.
(A) Each multi-family dwelling unit shall be served by a local street, not dedicated for public use, so as to exclude all through traffic. The vehicular circulation system and parking facilities shall be designed to fully accommodate the automobile with safety and efficiency without permitting it to dominate and destroy the form of the group or neighborhood.
(B) The minimum standards for the streets serving the single-family and the multi-family areas of the development area shall be in accordance with the schedule set forth below:
(1) Double lane width dedicated streets shall be a minimum of 22 feet wide;
(2) Single lane width local streets shall be a minimum of 12 feet wide;
(3) Double lane width local streets shall be a minimum of 18 feet wide; and
(4) All dedicated public streets and all local streets shall be paved and drained in accordance with § 1272.13.
(Ord. 90-87, passed 9-2-1987)
§ 1272.09 PRIVATE LAND.
In the planning of multi-family dwelling units in a variety of groups or clusters, land shall be provided for the private outdoor use of the occupants at such locations as the entrances and garden side of the building.
(Ord. 90-87, passed 9-2-1987)
§ 1272.10 COMMON LAND.
The common land shall be readily accessible and of such conditions, size and shape as to be usable for parking areas, recreation and natural and landscaped areas. The integrity of the common land shall be guaranteed from further division or other changes through deed indenture by explicit prohibition of other than the intended uses and exempt from further amendment except upon prior approval of Council.
(Ord. 90-87, passed 9-2-1987)
§ 1272.11 LANDSCAPE PLAN AND SITE APPEARANCE.
(A) It is a requirement of these regulations that all trees, shrubs and other site features be retained, if possible, and incorporated into the site and landscape plan of the development area. It is intended that a
program for quickly recreating the landscape environment of the city be a part of any development carried out under the provisions of this Zoning Code.
(B) All utilities installed within a B-3 District shall be entirely underground and shall be installed according to the specifications of the city.
(Ord. 90-87, passed 9-2-1987)
§ 1272.12 BUILDING ARRANGEMENTS AND LOT SIZES.
The locations of the dwelling units within the development area shall be arranged so that the distance between buildings and various parts thereof, the distances to the boundaries of the development area, and the sizes of lots, shall not be less than as set forth in this section.
(A) The distance between any building, or part thereof, in a B-3 District from the rear or side line of any lot within a dedicated subdivision, or any boundary line of a B-3 District which abuts ten or more contiguous rear property lines at the time of rezoning, shall be not less than 100 feet.
(B) In the case of a single-family, fee simple owned dwelling, situated on a building lot of 20,000 square feet or greater:
(1) Yard requirements shall be as regulated under § 1268.03;
(2) Projections shall be as regulated under § 1268.04;
(3) Area and height regulations as regulated under § 1268.05; and
(4) The number of dwellings and the lot area and width shall be as regulated under § 1268.06.
(C) In all other cases, the minimum distance between buildings shall be ten feet.
(D) The minimum lot size within the development area, or the minimum area which is reserved for the exclusive use of the owner of a dwelling unit, whether the unit is owned in fee simple or not, shall include not less than ten feet of side yards which need not be uniformly distributed, and not less than 20 feet to the front and rear of each dwelling unit.
§ 1272.13 PAVEMENTS, DRAINAGE, SIDEWALKS AND LIGHTING.
(A) Streets, drainage and sidewalks shall be designed in accordance with Chapter 1248 of the subdivision regulations.
(B) Street lighting shall be in accordance with Chapter 1252 of the subdivision regulations. Lighting shall be directed so as not to create a nuisance to adjoining residences.
(C) A pedestrian circulation system shall be included in the development and shall be designed to ensure that pedestrians can walk safely and easily throughout the development. The pedestrian system shall provide connections between properties and activities or special features within the restricted open space system and need not always be located along streets. Trails for which public right of passage has been established should be incorporated in the pedestrian circulation system.
(D) All local streets, pedestrian circulation systems, common lands and recreation areas within the development area shall be owned, managed and maintained by a homeowners association specifically established for such purpose and activity.
(Ord. 200-99, passed 12-20-1999)
§ 1272.14 LANDSCAPING; NATURAL ENVIRONMENT.
A minimum of 40% of the development area shall be landscaped or left in its natural state. The development of any development area shall be done in a manner so as to preserve the natural assets, such as brooks, valleys, trees and ravines, unless otherwise impossible to develop. Recreational facilities and recreational areas shall be considered part of the landscape and natural environment area.
(Ord. 90-87, passed 9-2-1987)
§ 1272.15 SEWAGE DISPOSAL.
No building shall be erected or an existing building altered unless there is provided municipal or county sanitary sewer exits as may be approved by the Ohio Environmental Protection Agency and the City Engineer. In the absence of any municipal or county sanitary sewer exits, the design and construction of an independent sanitary system, including a secondary and tertiary treatment plant or plants, may be approved, provided that such a system is designed and located so that it can be integrated into the comprehensive city sanitary sewerage system and the temporary treatment plant abandoned when public trunk sewers are installed.
(Ord. 90-87, passed 9-2-1987)
§ 1272.16 APPROVAL FOR SUBDIVISION OR DEVELOPMENT REQUIRED.
The developer of a B-3 District shall submit to Council a General Site Plan depicting the development area requested to be developed. The General Site Plan shall be approved by Council following the review and favorable recommendation of the General Site Plan by the Planning Commission. Such General Site Plan shall show the following:
(A) The boundaries of the proposed development area;
(B) A tabular summary of the total acreage of the proposed development area and the maximum allowable number of dwelling units;
(C) The topography of the development area, including contours of no greater interval than two feet;
(D) The proposed general street system, both local private streets and dedicated public streets, and general pedestrian circulation system for the proposed development area;
(E) The proposed locations for all areas for single-family and multi-family dwelling units and all nonresidential structures;
(F) The general plan for proposed sewer and water facilities; and
(G) The proposed reservations for recreational areas, including parks and playgrounds, open spaces and other community facilities, with a statement of the proposed methods to be employed to preserve and maintain recreational areas, open spaces, ponds and lakes.
(Ord. 90-87, passed 9-2-1987)
§ 1272.17 COMPLIANCE WITH APPROVED GENERAL SITE PLAN.
Any land zoned B-3 District under the provisions of this chapter shall be developed in the following respects and according to the General Site Plan submitted and approved by the Planning Commission and Council and according to the following provisions.
(A) The development of the development area (or, if phased pursuant to division (B) hereof, the development of each phase) shall commence as provided in § 1448.09 of the Building and Housing Code.
(B) The developer may phase or stage the development of the development area, provided that the developer of the same submits to Council and the Planning Commission a General Site Plan for each phase and/or stage of the development. The requirements of the Phase/Stage General Site Plan, and the approval process for the same, shall comply with the requirements of § 1272.16.
(C) Single-family residential development and multi-family residential development shall conform to the areas indicated for the respective types of residential development on the approved General Site Plan, except that in any area designated for multi-family residential development on the approved General Site Plan a single-family development may be constructed in lieu thereof.
(D) Recreational areas and open spaces shall be developed generally as indicated on the approved General Site Plan.
Any substantial proposed change from the General City Plan, with respect to compliance with the General Site Plan as required by this chapter, shall be allowed only upon approval by the majority of Council following a recommendation of the same by the Planning Commission. If the Planning Commission recommends that said change should not be approved by Council, said change shall require a concurrence of at least two-thirds of the members of Council for approval.