Lyndhurst City Zoning Code
CHAPTER 1161
Cluster Single-Family Development
1161.01 PURPOSE AND INTENT.
This Chapter is enacted to provide for the controlled development of land which, by virtue of its location and unique characteristics, may be suitable for development using other than traditional zoning techniques. The Chapter is designed to foster development of property in accordance with the City’s planning and development policies. It is the intent of this Chapter to provide an alternative to conventional single-family residential development, which will permit development of unique areas, taking special care to properly buffer and integrate the new development with surrounding land uses. The Chapter is enacted to provide for appropriate performance standards to ensure that development of such areas conforms to certain minimum requirements necessary for the protection of the public health, safety and welfare. Apart from the enactment of minimum standards, it is also the intent of this Chapter to facilitate high quality development of land, which enhances the appearance of neighborhoods, conserves green space, provides high quality construction and contributes to good urban design of the community. Upon approval of the City Council pursuant to the procedures outlined below, these regulations may be applied as a conditional use in the 10,000 square foot residential districts in the City.
(Ord. 2000-28. Passed 8-6-01.)
1161.02 OBJECTIVES.
As a means of accomplishing the purpose and intent stated above, the objectives of these regulations are the following:
(a) To promote new residential development and redevelopment within the city, while assuring compatibility with existing land uses.
(b) To establish an appropriate density of housing for cluster single-family developments that is compatible with surrounding developments.
(c) Encourage developers to propose creative land use strategies with the purpose of providing quality development or redevelopment of unique parcels of land within the City in such a manner to complement surrounding land uses.
(d) Promote the continuing focus of residential construction within the City upon the single-family detached model of development in these areas approved for cluster single-family development. However, depending on existing unique physical conditions regarding property size, shape, topography and/or other design conditions, attached single family units in side-by-side configurations may be included subject to approval of the Planning Commission and City Council in accordance with Section 1161.11(c)(1) herein.
(e) Promote efficient use of resources in the development or redevelopment of unique land within the city, including utilities, open space, traffic circulation, pollution control and the provision of municipal services.
(f) Promote development of varied housing styles and floor plan layouts where appropriate as one mechanism of achieving quality in-fill development in the City.
(g) Promote protection of the aesthetic and natural environment, especially where sensitive topographical features exist including floodplain, hillsides, and other unique features. Promote development in a manner which harmonizes the built environment with existing topographical features
(h) Promote harmonious integration of new and in-fill development with surrounding land uses by ensuring compatibility with surrounding established residential areas.
(I) To protect and enhance the value of the existing housing stock which surrounds areas proposed for redevelopment.
(j) To promote development in a manner which minimizes traffic congestion.
(k) To promote new cluster single-family development of the highest design and construction quality.
(Ord. 2000-28. Passed 8-6-01.)
1161.03 LOCATION.
Cluster single family developments may be permitted as a conditional use in 10,000 square foot Single-Family Zoning Districts in the City where the City Council and Planning Commission make specific findings of fact that the purposes and intent of these regulations will be served by attainment of specific design standards. It is the City's intent that cluster single family developments be located primarily along major arterial streets within the Municipality (Mayfield Road, Cedar Road, Richrnond Road and Brainard Road).
(Ord. 2000-28. Passed 8-6-01.)
1161.04 PROCEDURE.
Upon meeting the purpose and intent, objectives, and location as stated in Sections 1161.01 through 1161.03, the applicant shall follow the procedures for preliminary subdivision plan approval as found in Chapter 1134 of this code. The applicant shall also file an application for a conditional use permit for the proposed cluster single family development area in accordance with the provisions of chapter 1156. The procedures as outlined in Chapter 1156 will be followed in addition to any and all other requirements as may be found herein.
(Ord. 2000-28. Passed 8-6-01.)
1161.05 FINAL PLAN OF DEVELOPMENT AREA.
(a) The developer of any parcel or parcels of land for which a conditional use permit has been approved by Council shall submit a final plan of the development area to the Planning Commission.
(b) The final plan of the development area shall contain and be accompanied by the following:
(1) A site plan, including area in square feet or acres, property lines, all proposed uses, parking areas and drives, the proposed public and private street system with rights-of-way and easements, and the use of all land including common and private land;
(2) Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, parking areas and drives, storm water management, and all other site features of the development area or that portion of the development to be developed, designed in accordance with the applicable municipal codes;
(3) A finished grading plan;
(4) A detailed site and building area landscape plan; and
(5) The final form of covenants running with the land, deed restrictions, including the use of common land, covenants, restrictions or easements to be recorded, homeowners' association and bylaws.
(c) The Planning Commission may required additional drawings or data to supplement the above when more information is needed or special conditions occur.
(Ord. 2000-28. Passed 8-6-01.)
1161.06 CONDITIONS FOR APPROVAL BY COMMISSION.
If the Planning Commission finds that a proposed final plan of a development area is in accordance with and represents a detailed expansion of the preliminary plan heretofore approved by Council, that it complies with all of the conditions which may have been imposed in the approval of such preliminary plan, that it is in accordance with the design criteria and provisions of this Zoning Code which apply particularly to any plan of a development area, that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed, the Commission shall then approve such final plan.
(Ord. 2000-28. Passed 8-6-01.)
1161.07 BUILDING PERMITS.
Following the approval of a final plan of a development area by the Planning Commission, the Building Commissioner shall be so notified and building and other permits may be issued following approval of building and engineering construction plans, review of the Architectural Board of Review, and payment of all required fees.
(Ord. 2000-28. Passed 8-6-01.)
1161.08 PROGRESSIVE DEVELOPMENT.
(a) A developer, having obtained final approval of any preliminary plan of a development area, may accomplish the development in progressive stages as may be approved by the Planning Commission.
(b) When the final plan of the development area provides for partial development of the total area for which a preliminary plan has been approved, the Planning Commission may require detailed plans for all improvements in the development area to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
(Ord. 2000-28. Passed 8-6-01.)
1161.09 AMENDMENT TO PLANS.
At any time after the approval of a preliminary plan or a final plan of a development area, the owner or owners may request an amendment of their plans. The request for such amendment shall be filed with the Planning Commission and one copy filed with the Clerk of Council. If such amendment is in substantial agreement with the approval of a preliminary or final plan, it shall be processed by the Planning Commission. Should such amendment represent a departure from the intent of a prior approval, such amendment shall then be subject to the same procedure and conditions as the original application.
(Ord. 2000-28. Passed 8-6-01.)
1161.10 TRANSFER OF LAND FROM STANDARD ZONING DISTRICT.
Land in a standard zoning district being planned for transfer to a Cluster Single Family Development shall be subject to all provisions of this Zoning Code applicable in such standard zoning district until a conditional use permit has been approved by Council for Single-Family Cluster Development.
(Ord. 2000-28. Passed 8-6-01.)
1161.11 DESIGN/CONSTRUCTION STANDARDS.
Any Cluster Single-Family Development shall comply with the following design and construction standards and criteria to ensure attainment of the purpose and intent of this chapter.
(a) Size of development area. A development area shall not be less than three acres or more than nine acres unless approved by the Planning Commission and Council.
(b) Development area density. The maximum density of any Single-Family Cluster Development shall not exceed five dwelling units per acre for the total development area.
(c) Permitted buildings and uses. Buildings and land shall be used, and buildings shall be erected, altered and maintained only in accordance with the following:
(1) Main dwelling and uses. One-family detached dwelling units. Attached single-family units in side-by-side configurations of a maximum of two units may constitute up to twenty-five percent of total allowable units.
(2) Ancillary uses. Off-street parking and recreation facilities serving the residents of the cluster area.
(d) (1) Land planning criteria. The following planning criteria are established to guide and control the planning, development and use of land in Cluster Single-Family Development.
(2) Building arrangements. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features within the guidelines established herein. Uses shall be arranged with open spaces so as to provide a unified composition of buildings and space. Although latitude in design is provided and encouraged, the following design conditions shall be achieved:
A. Adjacent properties shall be protected from loss of light, air and view considering the proximity and bulk or shape of a neighboring building.
B. Yards shall be arranged to provide the reasonable development of open land for landscaped features or other supporting uses.
C. The latitude in design shall also apply to the planning of landscape features, such as walls, fences, hedges and other features, to create a variety of common open space and private areas.
(e) Topography and site appearance. It is a requirement of this chapter that developments shall be designed to take advantage of the topography of the land in order to utilize the natural contours, to economize in the construction of utilities, to reduce the amount of grading and to maximize the conservation of natural areas. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of buildings, open spaces, site features, and storm water management.
(f) Restrictions/covenants. Development documents shall include the necessary covenants, restrictions and dedications to ensure complete development only in accordance with approved plans.
(g) Homeowners association. Development documents shall include provisions for a homeowners association to provide for performance of common duties of the property owners, including, but not limited to the maintenance of building design, streets, utilities and enforcement of other regulations of the cluster area.
(h) Landscape improvements.
(1) The proposed development shall include extensive landscaping surrounding each dwelling unit, in common areas, along streets, and along the perimeter of the development. Existing landscape features shall be preserved to the greatest extent possible and shall be supplemented with material proven suitable to enhance the natural environment. Close attention shall be directed to perimeter landscaping so as to provide a high quality integration of the proposed development with surrounding land uses.
(2) Significant landscape buffering is required to meet the intent of this section. Perimeter landscaping may include fencing and/or masonry walls if required by the Planning Commission. Close attention shall also be directed to the provision of landscape features in common areas, along roadways and throughout the proposed development so as to provide for an interesting and varied environment. All open yard areas shall be covered with a designed irrigation system.
(i) Traffic circulation. The proposed development shall include a traffic circulation pattern that maximizes vehicular efficiency into, out and throughout the development in a manner that also provides for safe pedestrian movement. Special attention shall be given to the impact of the proposed development upon existing traffic patterns in the area immediately surrounding the proposed development. When necessary, additional traffic control features such as turn lanes and other control devices shall be provided to minimize the impact of the development upon surrounding traffic patterns.
(j) Pedestrian circulation. The proposed development shall include adequate means of pedestrian movement to and from dwelling units, parking areas and common open space. Pedestrian circulation shall include sidewalks on at lease one side of the street at a minimum. Sidewalks shall be constructed of concrete and shall be five feet in width.
(k) Utilities. Utility services include gas, water, electricity, cable television, refuse disposal, storm sewers, sanitary sewers and the like. Said utilities shall be constructed underground. Proper landscape and/or structural screening shall be provided for all above ground elements so as to minimize any negative visual or audible impacts associated with such utilities.
(l) Private outdoor space. Each dwelling unit shall be designed to include a private outdoor space which shall be designed and located to maximize its utility and privacy to the unit it serves and in relation to adjacent units.
(m) Spatial placement.
(1) The placement of units, parking areas, recreational and open space amenities shall be so arranged as to maximize the beneficial use of space within the physical constraints of the land. Consideration shall be given to visual and acoustic privacy and the provision of sufficient light and air.
(2) Dwelling units may be arranged in groups, courts, sequences or clusters, as approved by the Planning Commission consistent with the requirements of this chapter.
(n) Streets and separations. Buildings within a Cluster Single-Family Development shall be located as follows:
(1) Front building setback. The front building setback shall be not less than 25 feet from the nearest edge of sidewalk or street/drive pavement.
(2) Building setback from side street (corner lot). The building setback on a corner lot shall be not less than 15 feet from the nearest edge of street or sidewalk pavement.
(3) Building separation. In applying the following distances to a proposed development, the distances between units shall be measured from unit to unit but shall include in such measurement any patio, deck, or similar attachment to a unit. In other words, said measurements shall be taken from any such attachment or proposed attachment. Any such attachment will not be allowed if it encroaches into the required distances of separation stated below:
A. Side. Not less than 10 feet between detached cluster units and 15 feet between attached units.
B. Rear. Not less than 50 feet between adjacent cluster units.
C. Rear to side. Not less than 30 feet between adjacent units.
(o) Building setback from development area boundary (property line). The following are required setbacks from the development areas boundary (property line):
(1) Side. Note less than 40 feet from boundary line (property line).
(2) Rear. Not less than 40 feet from boundary line (property line).
(3) Front. From any public street as indicated on the zoning map of the City and if not indicated then 40 feet.
(p) Lighting. The proposed development shall include a detailed lighting plan to set forth any exterior lighting for traffic circulation areas, utilities areas, open space, recreational areas and within private spaces in the interior of the development. Exterior lighting shall be installed only in accordance with an approved plan and shall be designed in such a manner so as to avoid lighting nuisances.
(q) Storm water management. The proposed development shall be designed in such a manner as to minimize the effects of storm water drainage upon surrounding properties. Adequate provision shall be made for on-site storage of storm water in order to prevent an excessive rate of storm water flow to surrounding properties, as approved by the City Engineer.
(r) Minimum interior floor area. Each dwelling unit shall consist of a minimum of 2,000 square feet of floor area to inside face of outside walls, exclusive of basements, attics and garages. Dwelling units shall have two means of exterior entry; and units shall not be arranged one above the other.
(s) Visual streetscape. A well-balanced landscape/streetscape shall be attained throughout addressing buildings and the entire development area in a common unified theme.
(t) Signage. All signage proposed for the development shall reflect the cluster area design theme as approved by the Planning Commission.
(u) Street improvements. All private and public streets shall be improved to public street standards, except that the minimum pavement width may be reduced to 22 feet. However, streets shall be widened to full width at junctures with off-site streets or when full width streets are determined to be necessary by the City Planning Commission and City Engineer.
(v) Parking. Parking shall be in accordance with the requirements of Section 1161.04(a)(1) through (3), except as noted below:
(1) Space for four off-street parking spaces shall be provided for each dwelling unit, two of which must be enclosed in a private garage. Driveways serving individual dwelling units shall be a minimum 18 feet in width.
(2) One additional off-street parking space is required for every four units. Said additional off-street parking shall be located as approved by the Planning Commission.
(3) One off-street parking space shall be provided for every 500 square feet of a recreation facility building, which shall be located as approved by the Planning Commission.
(w) Future modification. Future additions to private recreational amenities, patio areas, building additions or other changes to the physical characteristics of the development shall be approved by the Planning Commission.
(Ord. 2000-28. Passed 8-6-01.)
1161.12 COMMON OPEN SPACE.
(a) Ownership and maintenance. The land dedicated for common space purposes shall be owned by a homeowners association which shall be formed to accomplish the requirements such as maintenance of the common open space, streets and other common areas of the development. If maintenance of common open space is not performed adequately, the Director of Service may, at his or her option, take action pursuant to Chapters 1355 and 1383 of the Codified Ordinances to remedy the lack of maintenance, including the recovery of costs to the fullest extent permitted under Ohio law. Individual owners within the development shall remain ultimately liable for ownership and maintenance of the common open space.
(b) Deed restrictions. Deed restrictions are required for the maintenance of such common open space and shall be effective prior to obtaining final plat or final development plan approval. All deed restrictions must be in a form satisfactory to the Department of Law, the Planning Commission and Council, to the end that the intent of such restrictions shall specifically provide for the performance of maintenance by the Director of Service or the incurring of attorney's fees and other costs and expenses if the City elects to file an action at law or in equity to compel the performance of such maintenance. In addition to the above, such deed restrictions shall also ensure that the following other conditions are met:
(1) The common open space area will not be further subdivided in the future;
(2) The use of the common space will continue in perpetuity for the purpose specified; and
(3) Common undeveloped open space shall not be used for any other purpose.
Termination of said deed restrictions may be achieved by agreement of all title holders and Council, provided a satisfactory method of holding open spaces in common has been provided.
(c) Open space uses. Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, swimming pools, pavilions or other recreation features are approved as a part of the preliminary/final development plan.
(Ord. 2000-28. Passed 8-6-01.)