Heath City Zoning Code
CHAPTER 1193
Community Development Projects
1193.01 WHERE LOCATED.
In any R-3 District, where a Community Development Project is proposed, the owners or their agents of a tract of land comprising not less than five acres, may submit to the Planning Commission a plan for the use and development of all such tract of land for residential purposes or for the repair or alteration of any existing housing development on such tract.
(Ord. 21-67. Passed 12-4-67.)
1193.02 COMMISSION FINDINGS.
It shall be the duty of the Planning Commission to investigate and ascertain whether the proposed residential development plan complies with the following conditions:
(a) That the plan is consistent with the intent and purpose of this Zoning Ordinance.
(b) That the property adjacent to the area included in the plan will not be adversely affected.
(c) That the buildings are to be used only for residential purposes and usual accessory uses such as garages, storage space, recreational community activities, including churches.
(d) That the average lot area per family shall be as required in the R-3 District.
(e) That there are to be provided off-street parking facilities in accordance with the requirements of Chapter 1183.
(f) There are to be provided, as a part of the proposed development, recreational facilities to serve the needs of the anticipated population as follows: 200 square feet per dwelling unit or the relative market value as determined by the Planning Commission.
(g) In case any lot or tract on which a residence development or dwelling group is to be erected contains twenty acres or more, at least five percent (5%) of the acreage of such lot shall be set aside and developed as a neighborhood playground or playgrounds.
(h) In case of a lot under twenty acres in area with more than fifty dwelling units, the required area of play lots shall be 2,000 square feet plus thirty square feet for each dwelling unit in excess of fifty.
(i) These requirements for the provision of recreation areas may be modified or waived by the Planning Commission where, in its opinion, adequate public recreation areas are available nearby, or where justified in view of the availability of suitable yard space or the type of occupancy the dwelling units are designed to accommodate.
(Ord. 21-67. Passed 12-4-67.)
1193.03 HEIGHT AND YARD MODIFICATIONS.
The height limitations applicable in the district in which a Community Development Project is located may be modified, provided the following requirements are complied with:
(a) No principal building or structure shall exceed a height equal to two times the distance between the building line and the centerline of the street on which it fronts. No accessory structure shall exceed two stories or twenty-five feet in height, except as provided in Chapter 11103.
(b) The gross area of the project shall comprise not less than ten acres.
(c) For each foot of building height over forty feet the distance between such building and the side or rear property lines of the community development project area shall be increased by one-half foot in addition to the side and rear yard required in the district, provided that this additional setback shall not be considered part of the side and rear yards.
(d) High-rise buildings shall be located within a Community Development Project in such a way as to dissipate any adverse impact on adjoining low-rise buildings.
(Ord. 21-67. Passed 12-4-67.)
1193.04 COMMISSION MAY AUTHORIZE PROJECT.
Following a public hearing by the Commission, and if the Commission finds that the proposed residential development plan is consistent with the intent and purpose of this Zoning Ordinance, it may authorize the Zoning Inspector to issue a zoning certificate, even though the use of the land and location of the buildings to be erected and the yards and open spaces contemplated by the plan do not conform in all respects to the regulations of this Zoning Ordinance for the district in which the site of the proposed development is located.
(Ord. 21-67. Passed 12-4-67.)
1193.05 ADJUSTMENTS.
After the final development plan has been approved by Council, and in the course of carrying out this plan, adjustment or rearrangements of buildings, parking areas, loading areas, entrances, heights or yards may be requested by the proponents and, provided such requests conform to the standards established by the final development plan and this Zoning Ordinance, such adjustments or rearrangements may be authorized by the Commission.
(Ord. 21-67. Passed 12-4-67.)