The Open Space/Conservation Districts (OC-1, OC-2) are established to encourage and accommodate creative and imaginative Open Space/Conservation Developments that provide for cluster housing and the preservation of open space and natural features in a unified project. In compliance with the following regulations, it is intended that Open Space/Conservation Developments will utilize innovations in the technology of land development that are in the best interests of the City. These regulations are designed to achieve, among others, the following objectives:

   (a)   To allow creativity, variety, and flexibility in design as necessary to implement the goals and objectives set forth in this Chapter.

   (b)   To promote economical and efficient use of land and public services through unified development, especially in areas which contain significant environmental features.

   (c)   To preserve, to the greatest extent possible, the existing landscape features and amenities, and to utilize such features in a harmonious fashion.

   (d)   To permit the flexible spacing of lots and buildings in order to encourage the preservation of the natural features of the site and the provision of recreation areas and green spaces as well as the creation of functional and interesting residential areas.

   (e)   To ensure that the proposed Open Space/Conservation Development occurs in a unified manner in accordance with a site plan prepared by the property owner.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Because of the special characteristics related to Open Space/Conservation Development, specific provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters of this Zoning Code, the provisions set forth in this Chapter shall prevail. Any existing provisions that are not covered by this Chapter shall be governed by the respective provisions found elsewhere in this Zoning Code.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Boarding House and Rooming House shall not be permitted in an OC-1/OC-2 Open Space/Conservation District.

(Ord. 2014-072. Passed 10-20-14.)

   (a)   The dwelling types that are permitted by right within an Open Space/Conservation District are listed in Schedule 1272.04.

 

   An Open Space/Conservation Development shall not exceed the densities as set forth in this Section.

   (a)   Maximum Density. Except as provided for in subsection (c) below, the gross density in an Open Space/Conservation Development shall not exceed the maximum number of dwelling units per acre set forth in Schedule 1272.05 for the district in which the Open Space/Conservation Development is located. The maximum number of dwelling units permitted for a particular site shall be calculated by:

      (1)   Deducting any public right-of-way within the project boundary existing at the time the site plan is submitted; and,

      (2)   Multiplying the result of subsection (1) by the maximum number of dwelling units set forth in Schedule 1272.05.

   (b)   Maximum Number of Units on Any One (1) Acre. The number of units permitted on any one (1) acre of the site shall not exceed the units set forth in Schedule 1272.05. An imaginary square, approximately two hundred nine (209) feet by two hundred nine (209) feet, shall be used to determine the maximum number of units on any one (1) acre of the site.

 

 

   (c)   Density Bonus. The Planning Commission may permit a density bonus to increase the maximum density set forth in Schedule 1272.05. The maximum dwelling units per acre shall not exceed twenty-five percent (25%) of the permitted maximum given in Schedule 1275.05. Such density bonus may be permitted under the following circumstances:

      (1)   Protection of the ecologically highest quality natural areas such as those identified in the Fairlawn Comprehensive Plan Update: Cleveland-Massillon Road Area;

      (2)   Provision of storm water management techniques that maintain or enhance existing storm water management patterns, especially those identified in the Fairlawn Comprehensive Plan Update: Cleveland-Massillon Road Area;

      (3)   Restoration of natural resources to further buffer dwellings units from higher intensity development, such as discussed in the Fairlawn Comprehensive Plan Update: Cleveland- Massillon Road Area, and provision of greater buffers from the project boundary than required by this Chapter; or,

      (4)   Provision of greater amounts of open space than required by this Chapter to further the City's goals of creating conservation development in those areas identified with an Open Space/Conservation use designation in the Fairlawn Comprehensive Plan Update: Cleveland-Massillon Road Area.

(Ord. 2010-059. Passed 3-7-11.)

   A portion of the area in an Open Space/Conservation Development shall be devoted to open space.

   (a)   General Standards. The open space shall comply with the following regulations:

      (1)   The minimum open space required shall be fifty percent (50%) of the entire project area in OC-1 District and thirty-five percent (35%) in the OC-2 District.

      (2)   Open space shall be aggregated areas but shall not include the following:

         A.   Public rights-of-way and parking areas;

         B.   Land fragments between two (2) or more buildings, land fragments between buildings and parking areas, and any other land within fifteen (15) feet of all buildings and structures; and,

         C.   Required yards, setbacks, or spacing between project boundaries and buildings or parking areas, unless the required setback is contiguous to and part of a larger area of open space.

      (3)   To the extent possible, open space areas shall be interconnected within the development and to adjacent parcels, and shall be accessible to residents of the Open Space/Conservation Development.

      (4)   Open space shall be designed and located to preserve significant natural features to the maximum extent possible. The following priorities should be considered when determining the land for open space designation:

         A.   Wetlands, floodplains. lakes and ponds, and other water resources. The site plan should avoid alteration of or construction within natural drainage ways, and shall utilize low impact storm water management techniques such as grassy swales to the extent possible.

            1.   Wetlands Protection. Wetlands that are required by the Army Corps of Engineers or the Ohio EPA to be retained shall be protected by the following:

               a.   A buffer area having a width not less than twenty-five (25) feet measured from the edge of the designated wetland. The area within this buffer shall not be disturbed and shall be retained in its natural state.

               b.   A minimum building and pavement setback of thirty-five (35) feet, measured from the edge of the designated wetland.

            2.   Floodplain Protection. A minimum building and pavement setback of twenty- five (25) feet from a designated floodplain.

         B.   Woodlands, orchards, prime farmlands, meadows, and other vegetation. The design and layout of the development shall conserve and incorporate these areas to the maximum extent possible, especially those containing significant wildlife habitats.

         C.   Scenic visual areas with respect to tree lines, unique vegetation, wildlife habitat, and other natural features. To the maximum extent possible, structures shall be located to ensure that scenic views and vistas are unblocked or uninterrupted, particularly as seen from existing and proposed public thoroughfares.

      (5)   When approved by the City, a portion of the open space may be used as retention basins, provided they are designed, arranged and landscaped in a manner consistent with the requirements for open space areas.

      (6)   The open space established shall be:

         A.   Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as open space;

         B.   Given to a land trust or other conservation organization recognized by the City; or,

         C.   Offered to the City for public open space. The City shall have the right to not accept any land area offered to the City. In the event of such refusal, the conditions of A. or B. above, shall apply. Any land area that is accepted by the City for dedication as public open space shall also continue to be counted toward the requirement for open space.

      (7)   The legal documents relating to the ownership, management, public easements if any, and maintenance of such open space shall be reviewed and approved by the City's Law Director. The Law Director shall indicate such approval prior to the final site plan being approved.

   (b)   Recreation Allowances. With the exception of extremely environmentally sensitive areas, passive recreation shall be permitted in open space for the enjoyment of the residents of the proposed development and/or the public. Active recreation shall be limited to no more than five percent (5%) of the open space. Recreational facilities proposed to be constructed in dedicated open space shall be clearly shown on the site plans.

   (c)   Prohibition of Further Development of Open Space. The open space, required by Section 1272.06, shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City's Law Director and duly recorded in the Office of the Recorder of Summit County.

(Ord. 2010-059. Passed 3-7-11.)

   The following specific development standards shall be adhered to in the design and layout of any Open Space/Conservation Development:

   (a)   Minimum Setbacks from Project Boundaries and Streets. All buildings, structures and parking areas shall comply with the minimum setbacks set forth in Schedule 1272.07.

   (b)   Minimum Separation Between Buildings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks, patios and similar features shall be separated by the minimum spacing set forth in Schedule 1272.07.

   (c)   Height Requirements. No principal building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, except as provided in Section 1288.02. Accessory buildings shall not exceed eleven (11) feet in height.

   (d)   Lot Requirements. Dwelling units are not required to be on lots. However, when lots for standard detached one (1)-family dwellings or subdivision lots for cluster one (1)-family detached dwellings are included as part of a Open Space/Conservation Development, such lots or sub lots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing requirements of this Section.

   (e)   Required Buffer. A buffer area with a minimum width of thirty-five (35) feet from an existing public street right-of-way and from a perimeter side or rear property line is required. The buffer area shall be landscaped as required by Section 1296.06(g) in order to provide adequate landscaping between the proposed development and adjacent areas.

   (f)   Utilities. Underground utilities, including telephone and electrical systems, are required within the limits of a Open Space/Conservation Development. Appurtenances to these systems that can be effectively screened may be exempted from this requirement if the City finds that such exemption will not violate the intent or character of the proposed Open Space/Conservation Development.

   (g)   Sewage Disposal. Development shall be served by public sewage disposal structures.

   (h)   Additional Standards. Additional development requirements, whether standards or criteria, formulated to achieve the objectives of the Open Space/Conservation Development may be established at the time a Open Space/Conservation Development site plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the development.

   (i)   Waivers. In the event the City, determines that certain standards set forth in this Chapter do not or should not apply specifically to the circumstances of a particular project and an alternative method of achieving the objectives of the numerical standard is equal to or better than the strict application of the specified standard, the Planning Commission may relax such standard to the extent deemed just and proper, provided that the granting of such relief shall be without detriment to the health and safety of the community and without detriment to or impairment of the intent of this Chapter. However, if the Planning Commission permits the required open space to be located on individual, subdivided lots, a deed restriction or other legal mechanism should be utilized to ensure that the required open space remains in the state shown on the approved final site plan.

   (j)   Schedule 1272.07 Development Standards.

 

   (a)   Each lot and building envelope within an Open Space/Conservation Development shall have sufficient access to ensure safe and efficient traffic flow and reasonable ingress and egress as determined by the Planning Commission. All improvements required for a subdivision shall be constructed or provided in accordance with the applicable standards set forth for streets in Chapter 1228, Design Standards.

(Ord. 2010-059. Passed 3-7-11.)

   Homeowners associations, community associations, or similar legal entities that are responsible for the maintenance and control of common areas including recreational facilities, open space, private streets, and buffer areas, shall be established in such a manner that complies with the following regulations. The City's Law Director shall determine that, based on documents submitted with the site plan, the association's or agency's bylaws or code of regulations specify the following requirements:

   (a)   Membership in the Association shall be mandatory for all purchasers and/or owners of lots in the development or units in a condominium.

   (b)   The Association shall be responsible for maintenance, control, and insurance of open space and all common areas, including any applicable easements and private streets.

   (c)   The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments.

   (d)   The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified.

   (e)   The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including required open space, without (i) an affirmative vote of seventy-five (75%) percent of its members, (ii) having established a successor entity to take over said property; and (iii) the approval of the City Council.

   (f)   The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to enter to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety, and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses, dwelling, and vacant building lots.

   (g)   A certified copy of all covenants and restrictions, as recorded with the Summit County Fiscal Office, shall be submitted to the Zoning Administrator.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the applicable criteria set forth. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.

(Ord. 2010-059. Passed 3-7-11.)

   The Planning Commission shall review and approve site plans for a proposed Open Space/ Conservation Development according to the procedures set forth in Chapter 1240, Site Plan Review Procedures.

   (a)   Submission of Preliminary Site Plan. The applicant shall submit a Preliminary Site Plan application to the Zoning Administrator. The application shall include documentation illustrating compliance with the standards and criteria set forth in this Chapter. The application and documentation shall include the submission requirements in Chapter 1240 as well as the following:

      (1)   Identification of existing site characteristics, including a general depiction of:

         A.   Boundaries of the area proposed for development, dimensions and total acreage;

         B.   Location of wetlands (and potential wetlands), the floodway boundary and floodway elevation as delineated by the Federal Emergency Management Agency, rivers and streams and their related river or stream bank, ponds, and water courses;

         C.   Locations of all wooded areas, tree lines, hedgerows, and specimen trees;

         D.   Delineation of existing drainage patterns on the property, existing wells and well sites; and,

         E.   Description of significant existing vegetation by type of species, health, quality, etc.

      (2)   The preliminary site plan shall include:

         A.   A preliminary layout of all dwelling units, including the building envelope;

         B.   The location of any proposed recreational facilities;

         C.   Natural features to be conserved and any required buffer areas; and,

         D.   Natural features to be altered or impacted by the development and areas where new landscaping will be installed, etc.

      (3)   An outline of the method/structure to perpetually preserve the required open space which indicates, as applicable:

         A.   The structure of the association;

         B.   Membership requirements;

         C.   Financial responsibilities; and,

         D.   Any entity having responsibilities related to the preservation of the required open space.

      (4)   A description of the project phasing, if any, including the phased construction of open space improvements.

   (b)   Significance of Approved Plan. Approval of the preliminary site plan shall:

      (1)   Establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities, if any, and street alignments.

      (2)   Be the basis for the application to proceed with detailed planning and engineering in reliance on the approved preliminary site plan.

      (3)   Provide the benchmark for the City to consider and approve amendments to the preliminary site plan when the City determines that the amended plan is equal to or better than the approved preliminary site plan.

      (4)   Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.

   (c)   Final Site Plan. Prior to receiving a Zoning Certificate, the final site plan must be approved by the Planning Commission according to the procedures in Chapter 1240, Site Plan Review Procedures. Such final site plan may be approved for a phase of the project, or the final site plan may include the entire project.

      (1)   Submission Requirements. In addition to the requirements in Chapter 1240 the final site plan shall include:

         A.   A site plan indicating:

            i.   Dimensions of building spacing including all lots and the maximum parameters, or building envelopes that indicate where buildings and accessory structures such as but not limited to decks and patios will be located, and shall demonstrate that such building location will be in compliance with the spacing requirements of this Chapter; and,

            ii.   Designated open space areas and a description of proposed open space improvements.

         B.   Conditions imposed by other regulatory agencies.

      (2)   Review by the City's Law Director. The City's Law Director shall review the Declaration, Articles of Incorporation and Code of Regulations for a Homeowners' Association, and any other final covenants and restrictions and maintenance agreements to be imposed upon the Open Space/Conservation Development. A written opinion shall be provided to the Planning Commission verifying that the submitted documents demonstrate full compliance with the requirements for Owners' Associations in this Chapter.

(Ord. 2010-059. Passed 3-7-11.)

   In addition to complying with the standards in this Chapter, the Planning Commission shall only approve a preliminary or final site plan when it is determined to be in compliance with the applicable criteria in Chapter 1240, Site Plan Review Procedures, and the following criteria:

   (a)   Each phase of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability should remaining phases not be completed or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have beneficial effect which could not be achieved under standard district regulations.

   (b)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Zoning Code and the policies in the Comprehensive Plan Update, when applicable.

   (c)   The development will be designed so that the area surrounding said development can be developed in coordination and substantial compatibility with the proposed development.

   (d)   Maximum possible privacy for adjacent residential properties shall be provided through good design, the use of the building materials, and preservation of natural features and supplemental landscaping according to the requirements set forth in this Zoning Code.

   (e)   Adequate provisions are made in the final covenants and restrictions to be imposed upon the development relating to the following:

      (1)   The use and development of accessory buildings and uses associated with individual dwellings.

      (2)   The maintenance of the land, including any common areas, private streets, and sidewalks.

   (f)   On-site circulation shall be designed to provide for adequate fire and police protection, and safe and efficient pedestrian and vehicular circulation.

   (g)   Adequate provision is made for storm drainage and sediment control in compliance with applicable City provisions.

   (h)   The proposed development complies with all other applicable provisions of this Zoning Code.

(Ord. 2010-059. Passed 3-7-11.)