Louisville City Zoning Code
CHAPTER 1156
P-CD Planned Conservation Development District
1156.01 PURPOSE FOR P-CD DISTRICT.
The purpose of the P-CD District is to achieve land development that is responsive to the natural and environmental assets and liabilities of a given site as established in Section 1151.01(a)(5).
1156.02 P-CD DISTRICT DESIGNATION AND REVIEW PROCEDURE.
(a) A P-CD District application requires amendment to the Official Zoning Map in accordance with Chapter 1138 (Amendment Procedures) and shall be considered in accordance with the procedures for rezoning.
(b) A P-CD District Designation may be proposed in any conventional residential zoning district.
(c) Approval for rezoning of the site shall include simultaneous or subsequent approval of a Development Plat pursuant to Section 1135.03 supplemented by regulations contained herein.
(1) Once a property is rezoned P-CD, no subdivision of a parcel shall occur prior to Subdivision Final Plat approval.
(2) Once a property is rezoned P-CD, no construction of any structure on a parcel pursuant to P-CD District regulations shall occur prior to issuance of a Development Permit.
(d) Supplemental Preliminary Plat Submission Requirements. In addition to the requirements of Section 1135.03(b)(2), the application and documentation shall include, but not necessarily be limited to:
(1) A summary of the proposed development, including the total acreage, number of residential units or other buildings, type of dwellings or other buildings, density by type of dwelling, acreage of restricted open space and/or active recreation areas to be conserved;
(2) Identification of existing site characteristics, including a general depiction of:
A. The description and location of soils classified as "prime farmland soils" according to the Stark County Soil Survey.
B. Description of significant existing vegetation including trees which exceed a trunk diameter of eighteen (18) inches, canopy cover, hedgerows, meadows, or other growth.
C. Description of all structures and areas of known or potential historical, archaeological, or cultural significance, which may include stone walls, barns, earth mounds, and burial grounds.
D. Existing view sheds and identification of unique vistas.
(3) The location and description of proposed improvements, including:
A. Required open space, with the location and acreage of areas proposed for active recreation.
B. Natural features to be conserved and any required buffer areas.
C. Natural features to be altered or impacted by the development and areas where new landscaping will be installed, including entry features and signs.
D. Proposed pedestrian circulation system providing access to a required open space system.
E. An outline of the method/structure to perpetually preserve the required restricted open space and which indicates the relationship of the owner of the open space to public agencies having responsibilities related to the project.
(4) A description of the project phasing including the phased construction of open space improvements.
(e) Supplemental Final Development Plan Requirements. In addition to the requirements of Section 1135.03(c)(2), the application and documentation shall include, but not necessarily be limited to:
(1) Locations and descriptions of significant existing vegetation by type of species, health, and quality, including woodlands and canopy cover, tree lines, specimen trees which have a trunk diameter of six (6) inches or greater as measured four and one-half (4-½) feet above ground level, hedgerows, meadows, or other growth. Include:
A. Locations and descriptions how existing vegetation is to be altered or impacted by the development and a detailed landscaping plan where new landscaping will be installed, including entry features and signs.
B. The extent of low impact environmental conservation measures and the exact location of all no-cut/no-disturb zones.
(2) The location and descriptions of existing areas providing unique vistas that provide a sense of identity and image to the development and the primary viewing areas on the development parcel. Vistas may include rural agricultural vistas, such as farmland, fence lines, or historic barns, or natural topographic features such as natural drainage swales, streams, slope ridge lines, and rock outcroppings.
(3) Sites of known historic, archaeological, or cultural significance, which may include stonewalls, barns, earth mounds, and burial grounds.
(4) Designated restricted open space areas and a description of proposed open space improvements and its relationship and compatibility with residential and nonresidential uses and the pedestrian circulation system, including with the location and acreage of areas proposed for parks, playgrounds, active recreation areas, passive recreation areas, and other open spaces.
1156.03 PERMITTED LAND USES.
1156.04 MINIMUM PROJECT AREA FOR CONSERVATION DEVELOPMENT.
The minimum area of a tract of land proposed for development according to the conservation development option shall be twenty (20) acres, but shall not include areas within any existing public right-of-way.
1156.05 MAXIMUM DWELLING UNITS PERMITTED.
(a) The maximum number of dwelling units permitted in the P-CD District shall be determined by the following formula:
(TSA/MLA) X 80% = permitted units per acre, where:
(1) TSA = the Total Site Area (in acres). TSA is determined by deducting the following from the total project area:
A. Any public right-of-way within the project boundary existing at the time the development plan is submitted; and
B. The area of land which may not be developed because it is within a floodway, Category 3 wetlands, existing water body, slopes over eighteen (18) percent, or land subject to an existing conservation easement, but only the amount of land that exceeds the minimum acreage required for restricted open space as set forth in Section 1156.08(a). Where floodways, wetlands, water bodies, or land subject to an existing conservation easement overlap, they shall be counted only once.
C. Any area devoted to nonresidential purposes.
(2) MLA = Minimum Lot Area (in acres). For the purposes of calculating the maximum density permitted, the minimum lot area factor shall be the stated minimum lot area for a single-family dwelling in the zoning district which would be replaced by the P-CD District.
(3) 80% = A factor to account for public right-of-ways or private road easements required in a development.
(4) When the above formula produces a fractional value, the number shall be rounded to the nearest whole number.
(b) Density Bonus. At the sole option of the Planning Commission, a bonus of additional housing units (beyond the number allowed according to Section 1156.05(a) above) is allowed when required open space is made available for general public use. For every whole acre of land devoted to walking/biking trails, equestrian trails, park areas or other required open space that is also available for general public use, up to one additional housing unit may be added to the overall number of housing units, provided however, that overall density does not increase by more than fifteen (15) percent beyond the number of units otherwise allowed by this section.
1156.06 DEVELOPMENT AND SITE PLANNING STANDARDS.
Buildings, structures, pavement, and streets shall be located in compliance with the following development and site planning standards.
(a) Ownership. Any ownership arrangement is permitted in a P-CD District Development. The arrangement of dwelling units shall comply with all development standards contained in the applicable zoning district as modified in this Section.
(b) Minimum Lot Area. All dwelling units must be in compliance with the spacing and yard requirements defined herein.
(c) Perimeter Building Regulations.
(1) Where a P-CD District is adjacent to other existing housing development, the minimum setback from an existing perimeter public right-of-way shall be the average of the front setback requirements for those adjacent lots outside the P-CD district on the same side of the street. At the sole discretion of the Planning Commission, the minimum setback requirement may mirror the setback for those adjacent lots immediately across the street from the P-CD District. The minimum setback for interior lots abutting the boundary of the P-CD District shall be identical to or mirror the rear yard setback of the adjacent district.
(2) Where a P-CD District is not adjacent to other existing housing development, the minimum building setback from an existing public right-of-way shall be one fifty (50) feet. The minimum setback from the project boundary shall be fifty (50) feet.
(3) At the sole discretion of the Planning Commission, a reduction to a minimum building setback from an existing perimeter public right-of-way may be considered when:
A. Natural features existing along the existing perimeter public right-of-way are substantial enough to provide adequate buffering between the units in the development and the road; or
B. When there are significant natural features located on the interior of the site and the City's priorities dictate that it is more important to conserve those natural features than to maintain large building setbacks along the existing perimeter public right-of-way.
(d) Interior Building Setback/Spacing Regulations.
(1) The minimum setback from a proposed street line shall be twenty-five (25) feet.
(2) The minimum separation between dwellings shall be the greater of twenty (20) feet or one-half the combined height of the adjacent sides of the buildings as measured from the average grade of the building walls to the eave lines.
(3) Where lots are indicated on a development plan, a side yard setback of one-half the height of the adjacent side of the building shall be required as measured from the average grade of the building walls to the eave lines.
(e) Maximum Height of Structures. The maximum building height of any building, including appurtenant or accessory structures shall not exceed three (3) stories or measure more than thirty-five (35) feet above grade, whichever is less.
(f) Maximum Ground Coverage by Structures and Impervious Surfaces. Maximum ground coverage by structures and impervious surfaces shall not exceed more than a twenty-five (25) percent ratio, as averaged among the parcels in the development.
(g) General Street Design Criteria.
(1) Street alignments shall follow natural contours and be designed to conserve natural features.
(2) Locations of streets shall be planned to avoid excessive storm water runoff and reduce the need for storm sewers.
(3) The area of the project devoted to streets and related pavement shall be the minimum necessary to provide adequate and safe movement through the development.
(h) Bicycle and Pedestrian Circulation Systems. A bicycle and pedestrian circulation system shall be included in the conservation development and shall be designed to ensure that pedestrians can walk safely and easily throughout the development.
(1) The pedestrian system shall provide connections between properties and activities or special features within the common open space system and need not always be located along streets. For example, the bicycle and pedestrian circulation system should effectively promote the use of bus stops and linkages to adjacent subdivisions, shopping, and recreation areas.
(2) Trails for which public right of passage has been established shall be incorporated in the pedestrian circulation system.
(i) Equivalency Provisions. In the event the Planning Commission determines that certain standards set forth above in this Section 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 an extent deemed just and proper, provided that the granting of such relief shall be without detriment to or impairment of the public interest. When evaluating the application with respect to this provision, the Planning Commission shall make any finding of equivalency in writing to explain how and why the proposal has satisfied the above criteria. When making such a finding, the Planning Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this UDO.
1156.07 RESOURCE PROTECTION REGULATIONS.
(a) Sewage Disposal. Development shall be served by individual or public sewage disposal structures consistent with the applicable State or County regulations. Individual sewage disposal systems shall comply with all applicable regulations of the Stark County Board of Health.
(b) Conservation of Riparian Areas. A riparian buffer shall be provided along the entire length and on both sides of a river or perennial stream channel. The buffer area shall have a width not less than fifty (50) feet, Riparian buffer areas shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse. Alteration of areas located within the riparian buffer shall be strictly limited and shall be preserved in their natural state.
(1) Permitted uses in a riparian buffer:
A. Walkways and passive recreational activities, as defined herein, when the Planning Commission determines that such activities will create minimal change to the riparian buffer.
B. Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
C. Streambank stabilization projects which emphasize the use of natural materials and native plant species where practical and available. Re-vegetation and/or reforestation with native, noninvasive, riparian trees, shrubs, and herbaceous wetland vegetation should be encouraged for restoration or established wherever possible.
D. Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species to preserve the forest from pest infestation, disease infestation, or fire threat when accomplished under the advice and guidance of an appropriate government agency.
E. Removal of damaged or diseased trees that are in danger of falling and causing damage to structures or causing blockage to the stream flow or otherwise exacerbating flooding.
F. Storm water management wet basin when native plantings are used to provide landscaping around the site. Other storm water retention and detention facilities shall not be constructed in the riparian setback.
G. Crossings of designated watercourses through riparian buffers with roads, driveways, easements, bridges, culverts, utility service lines, or other means.
(2) Prohibited uses in riparian buffer:
A. There shall be no buildings, structures, roads or driveways, parking spaces, parking lots, or loading/unloading spaces or other human made impervious cover, except as permitted under this regulation. Fencing shall not be permitted unless it allows the passage of water.
B. There shall be no use of motorized vehicles, except as permitted under this regulation.
C. There shall be no drilling for petroleum or mineral products, mining activity, grading, filling or dredging of soil, spoils, or any material (natural or man-made) except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
D. New Sewage Disposal or Treatment Areas. Riparian setbacks shall not be used for the surface and/or subsurface disposal or treatment of sewage, except for undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this resolution or properly-sited disposal/ treatment systems serving dwellings existing at the time of passage of this resolution and permitted or in accordance with the Stark County Board of Health and/or the Ohio Environmental Protection Agency.
(c) Floodway Fringe Protection. In addition to the requirements set forth in Chapter 1164, all buildings, structures or land within a floodway fringe, as defined herein, shall be used, and buildings or structures hereafter shall be erected, altered, enlarged, repaired or rebuilt, moved, or designed to be used, in whole or in part, only for a use listed below.
(1) Agriculture;
(2) Public or private parks and outdoor recreational facilities including swimming pools, riding academies, play fields, ball fields, courts, trails, etc.;
(3) Fencing that allows the free passage of water;
(4) Off-street parking areas accessory to the above uses provided that such areas are improved with pervious pavement materials, such as pervious asphalt or pervious concrete or combinations of geotextiles with sand, gravel and sod.
(d) Wetlands Protection. Wetlands, as defined herein, found within a site that are regulated by the Army Corp. of Engineers or the Ohio EPA must remain in a natural state with minimal disturbance or contamination during construction of buildings, parking areas and streets. No off-site mitigation of wetlands shall be permitted. Wetland areas shall further be protected by the following:
(1) A buffer area having a width not less than twenty (20) 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; and
(2) A minimum building and pavement setback of thirty-five (35) feet, measured from the edge of the designated wetland.
1156.08 REGULATIONS FOR RESTRICTED OPEN SPACE.
(a) Minimum Open Space Area. The Planning Commission may reduce the open space requirement from the following specifications not to exceed one-fifth of the specified restricted open space requirement upon a finding of necessity to promote open space development over a conventional subdivision for the subject site. The minimum restricted open space shall be:
(1) Sixty (60) percent of the total project area in areas with maximum density less than two-thirds (2/3) of a dwelling unit per acre.
(2) Fifty (50) percent of the total project area in areas with maximum density ranging between and including two-thirds (2/3) of a dwelling unit per acre up to two (2) dwelling units per acre.
(3) Forty (40) percent of the total project area in areas with maximum density ranging between and including two (2) dwelling units per acre up to four (4) dwelling units per acre.
(4) Twenty-five (25) percent of the total project area in areas with maximum density equal or greater than four (4) dwelling units per acre.
(b) General Standards. The Restricted open space shall comply with the following:
(1) Restricted open space shall be designed and located to conserve significant natural features and historical and cultural elements located on the site in the order or priority expressed in Section 1156.09.
(2) Required open space shall be interconnected with other greenspace and trails, providing most, if not all, residential lots in the development with direct access and views of the open space system.
(3) Areas designated for restricted open space purposes may be:
A. Preserved in its natural state;
B. Designed and intended for the use and enjoyment of residents of the proposed development or, if so allowed, the general public;
C. Utilized for agricultural uses when authorized in a conservation easement or in the Association's covenants and restrictions.
(4) Restricted open space shall be interconnected with open space areas on abutting parcels when possible.
(5) Storm water detention and retention management ponds or basins and/or water supply facilities which meet City Engineer's approval may be located partially or entirely within restricted open space areas. Such facilities shall require appropriate easements and a maintenance agreement that requires and enables maintenance of such facilities by the owner(s) of the restricted open space. Low impact environmental storm water solutions are preferred that focus on distributed/ decentralized storm water management, mimicking predevelopment conditions and natural functions.
(6) The restricted open space may be used as active recreation areas. These active recreation areas shall be: of a useable size and shape for the intended purposes; located in areas with the least impact on natural amenities and wildlife habitats; and limited to twenty (20) percent of the total acreage devoted to required open space. These active recreation areas, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(7) There shall be a minimum of disturbance to natural features during the construction of the development. The applicant will develop and submit as part of the development plan a list of the best management practices to be used. Any areas within the restricted open space, other common areas such as required setback areas, and both sides of new streets, that are disturbed during construction or otherwise not preserved in its natural state shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(8) In order to encourage the creation of large areas of contiguous open space, areas that shall not be considered restricted open space include:
A. Private road rights-of-way;
B. Parking areas, accessways, and driveways;
C. Required setbacks between buildings, parking areas, and project boundaries;
D. Required setbacks between buildings and streets;
E. The minimum required spacing between buildings, and between buildings and parking areas;
F. Private yards;
G. Land that is subject to preexisting conservation easements or similar limitations on development; and
H. Other small fragmented or isolated open space areas that have a dimension less than seventy-five (75) feet in any direction.
(c) Prohibition of Further Subdivision of Restricted Open Space. Restricted open space in a CD-P-CD District shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City and duly recorded in the office of the Stark County Recorder.
(d) Ownership of Restricted Open Space. Subject to such permanent restriction as set forth above, restricted open space in a conservation development may be owned by a person, an association, the City, a land trust or other conservation organization recognized by the City, or by a similar entity, or may remain in private ownership.
(1) Offer of dedication. The City may, but shall not be required to, accept dedication in the form of a fee simple ownership of the restricted open space.
(2) Associations. Restricted open space and other common areas may be held by the individual members of a condominium association as tenants-in-common of an unincorporated association or an Ohio nonprofit corporation as provided for in Ohio R.C. 5311.08, or may be held in common ownership by a homeowners' association, community association, or other similar legal entity (hereafter "homeowners' association et al") as an Ohio nonprofit corporation.
The Law Director shall ensure the declaration, articles of incorporation, and either bylaws (for a condominium association) or code of regulations or equivalent filed document (for a homeowners' association et al) submitted with the development plan contain appropriate provisions implementing the following requirements:
A. The association or corporation shall be required to provide notice to the City Manager upon proposed or actual amendment of the development plan, the association's declaration, articles of incorporation and either bylaws or code of regulations or equivalent filed document;
B. The association or corporation shall be responsible for maintenance, control, and insurance of common areas, including the required open space, as long as it is owned by the association or corporation;
C. Membership in the association or corporation shall be mandatory for all purchasers of lots in the P-CD District or units in the condominium. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be either as provided for by statute (for a condominium association) or as specified in the association's declaration, code of regulations or equivalent filed document (for a homeowners' association et al);
D. The association or corporation shall not be authorized to allow its dissolution or the sale, transfer, or other disposal of any restricted open space in the common area without:
1. An affirmative vote of seventy-five (75) percent of its members;
2. Having established a successor entity to take over said property pursuant to this UDO; and
3. The approval of City Council;
E. The association or corporation shall be authorized to impose assessments on members for the maintenance, control and insurance of common areas, and have the power to place liens against individual properties for failure to pay assessments either as provided for by statute (for a condominium association) or as specified in the declaration, code of regulations or equivalent filed document (for a homeowners' association et al); and
F. The association or corporation shall have the authority to adopt and enforce reasonable rules and regulations governing the use of, and payment of assessments for, maintenance, control and insurance of common areas.
(3) Private ownership of restricted space. Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.
(4) Transfer of conservation easements. Pursuant to resolution by the Planning Commission, the owner(s) of the common open space may, in accordance with the provisions of Ohio R.C. 5301.67-70, grant a conservation easement to any of the entities listed in Ohio R.C. 5301.68, provided that the entity and the provisions of the conservation easement are acceptable to the City Law Director; and the conveyance contains appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under Ohio R.C. 5301.68 in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
1156.09 DEVELOPMENT DESIGN CRITERIA.
All elements of a conservation development, particularly the restricted open space areas, shall be designed in accordance with the following criteria to ensure that the project meets the conservation objectives of this district.
(a) Undisturbed Woodlands, Vegetation, and other Natural Areas. The design and layout of the development should conserve, maintain, and incorporate existing wooded areas, meadows, and hedgerows and tree lines between fields and meadows, especially those containing significant wildlife habitats.
(b) Conservation of Environmentally Sensitive Areas. The road system and buildings should be located to minimize changes to the topography and the need for cutting and filling. Land containing important natural corridors and ecosystems such as steep slopes, riparian areas, wetlands, streams, lakes, rocky outcrops, flood plains, caves, sink holes, and other similar areas should be preserved and often provide habitats for wildlife.
(c) Conservation of Wildlife Habitats. Wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U.S. Environmental Protection Agency and/or by the Ohio Department of Natural Resources should be protected.