Mansfield City Zoning Code
ARTICLE XVIIIA
R-5 Residence District 1
§ 65-86.1 Purpose.
It is the purpose of this zone to permit construction on large contiguous tracts of land for the development of housing and supporting uses specifically oriented and designed for adult citizens.
§ 65-86.2 Creation of R-5 Zones; minimum parcel size.
[Amended 2-13-1992 by Ord. No. 1992-1]
All applications for creation of an R-5 Zone shall involve contiguous land areas of not less than 200 acres and shall proceed according to the procedures in and be governed by the provisions of Chapter 41, Rezoning of Land, of the Township Code. Such land shall not be segmented by existing improved paved streets and highways.
§ 65-86.3 Permitted uses.
In any R-5 Residence District, land, buildings and premises shall be used only for the following purposes:
B.
A planned adult community comprised of any of the following uses and subject to the provisions of §§ 65-86.4 through and inclusive of 65-86.19 below:
(1)
Single- or two-family detached dwelling.
(2)
Townhouses.
(3)
Duplexes or twin.
(5)
Auxiliary medical facilities.
(6)
Commercial facilities, which may include medical facilities, in accordance with all of the regulations set forth in the C-1 District, provided that all such uses shall be adjacent to existing roadways or new planned access roadways into the project, and further provided that such uses shall not exceed eight acres for each 200 acres of development. Such uses shall be designed as an integral part of the total project.
(8)
Recreation facilities.
(9)
Activity center, clubhouse and administration buildings. The size and functions shall be in proportion to the estimated project population.
§ 65-86.4 Prohibited uses.
Garden apartments as defined in this chapter are prohibited.
§ 65-86.5 Accessory uses.
Only the following accessory uses shall be permitted:
§ 65-86.6 Utilities.
§ 65-86.7 Dwelling unit mixture.
A.
If central sewerage facilities are not available, the only permitted use shall be single-family detached houses. In this event, the minimum lot size shall be not less than 40,000 square feet, and such projects shall conform to all of the regulations of the R-1 Residence District.
B.
In all planned adult communities, single-family detached units shall comprise at least 10% of the total number of units permitted.
§ 65-86.8 Age and occupancy requirements.
A.
Permanent residents of a planned adult community must be at least 52 years of age, except that the spouse or an immediate member of the family other than a child of said permanent resident or a live-in domestic, companion or nurse may be a permanent resident regardless of his or her age.
B.
A maximum of one child, age 19 or older, may also reside as a permanent resident with his or her parent or parents.
C.
In no event, however, shall there be more than three permanent residents in any one residential dwelling unit.
§ 65-86.9 Densities.
A.
There shall not be more than seven dwelling units for each gross acre in the total development, excluding areas devoted to commercial uses.
B.
Dwelling unit designs with respect to the number of stories, floor plan layouts, exterior facade designs, etc., shall be varied to the extent that no single design comprises more than 60% of the total number of residential units approved in the project. The Consolidated Land Use Board of Mansfield Township may grant exceptions to this requirement if there are sufficient variations in architectural designs to conform with the purposes of this article. The applicant shall supply reasons for requesting exceptions, citing findings of fact.
[Amended 3-5-2020 by Ord. No. 2020-5]
§ 65-86.10 Area and bulk regulations.
A.
Common open space shall be not less than 20% of the total project area and comply with the regulations of § 65-81.
B.
Single-family homes with central sewerage facilities shall comply with the following dimensional regulations:
C.
Townhouses and duplexes, without garages and with central sewerage facilities, shall comply with the following dimensional regulations:
(1)
Lot width: 18 feet minimum.
(2)
Lot depth: 40 feet minimum.
(3)
Front yard: 15 feet minimum.
(4)
Side yards, interior units: zero feet.
(5)
Side yards, end units: 15 feet minimum, except when adjacent to common open space, in which event it shall be a minimum of one foot.
(6)
Rear yards, for units with rear exposure: 20 feet minimum.
(7)
Rear yards, for units without rear exposure: zero feet.
D.
No residential structure shall be closer than 50 feet to an existing improved roadway, unless an exception is granted by the Consolidated Land Use Board of Mansfield Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
§ 65-86.11 Special regulations.
A.
All other regulations of this chapter shall be followed as required.
B.
Appropriate facilities for the placing of trash and garbage and the collection and removal thereof shall be constructed attached to or separate and apart from the multiple-dwelling house, which structures shall screen the trash facilities and be so constructed that the trash or garbage shall not be visible to the general public. Such structure shall not only meet with the approval of the Building Inspector but it shall also meet with the approval of the Board of Health and with any other rules, regulations and requirements of any other agency of the Township of Mansfield.
C.
If multifamily units are rental or condominium, open space shall be calculated by assigning to these units the area and bulk regulations specified in § 65-86.10.
D.
Landscape buffer screens shall be located where necessary between sections of different types of units and to protect off-site developments.
E.
Projects adjacent to existing residential developments of more than three adjacent residential units shall provide a fifty-foot landscaped buffer area between the proposed project and the existing units. The landscaping shall meet the requirements as set forth in Township ordinances and, in addition, shall contain buffer trees that will reach a height of 12 feet in not more than five years. Such buffer areas shall be unused for any other purpose except walkways, bicycle paths and passive parks purposes, including park benches.
F.
All installation of utilities on the site shall be underground.
G.
Pedestrian walks shall not be less than four feet in width and shall be provided wherever normal pedestrian traffic will occur.
H.
Off-street parking bays shall not be closer than 20 feet to the face of buildings or 10 feet to the side of buildings.
I.
In all cases streets shall be designed to accommodate fire and emergency vehicles.
J.
The overall design, construction and improvement phasing plan, recreation facilities, landscaping plans and site locations of buildings must be submitted to the Consolidated Land Use Board of Mansfield Township. Said body has the right to approve the general design to obtain aesthetic harmony. The buildings, sizes, shapes, site positions and architectural design may be considered along with the landscaping and natural features. The following criteria also may be taken into consideration:
[Amended 3-5-2020 by Ord. No. 2020-5]
(1)
Visual consideration of and variation in exterior finishes of structures.
(2)
A mix of architectural designs and elevations to ensure a harmonious blend.
(3)
Variation of building placement to create identity and interest and enhance the overall design.
(4)
Landscaping, preservation of existing vegetation and the location of trees.
(5)
Convenience of parking areas for use of occupants and screening thereof with adequate landscaping or fence.
§ 65-86.12 Recreation.
A.
Because these projects are designed primarily for adults, the requirements for recreation specified in § 65-79 shall be suspended. However, recreation appropriate to the scale, density and occupancy of the project shall be provided as determined by the Consolidated Land Use Board of Mansfield Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
B.
The requirements of § 65-80 notwithstanding, 1/2 of the recreation facilities in the total project shall be completed before 40% of the total project certificate of occupancy permits are issued. The remaining recreation facilities shall be completed before 80% of the total project certificate of occupancy permits are issued. No certificates of occupancy shall be issued for units adjacent to recreation facilities until such facilities are completed.
§ 65-86.13 Architectural design.
The architectural design of all buildings, the site location and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements and shall take into account the desires and needs of older persons for privacy, participation in social community activities and access to community activities. At the same time, provision shall be made to accommodate the limitations that sometimes accompany advanced years so that independent living can be sustained as long as possible. The applicant shall show in detail how his design considers this criteria.
§ 65-86.14 Streets.
B.
All private streets shall be built to meet the design and construction standards of the Subdivision Ordinance, except as modified herein. Cartway widths of residential streets may be decreased to not less than 28 feet, provided that where the cartway width is less than 34 feet, parking shall be permitted on only one side of the street. Minor collector streets, except where they join the existing municipal street system, may be constructed in a fifty-foot right-of-way and have a paved cartway not less than 34 feet wide, provided that where the cartway width is less than 40 feet, parking shall be permitted on only one side of the street and those areas are approved by the Consolidated Land Use Board of Mansfield Township. In any case where parking is permitted on only one side of the street, the area shall be delineated on the plan submitted for approval and shall be appropriately designated by the posting of the requisite signs.
[Amended 8-18-1981 by Ord. No. 1981-3; 3-5-2020 by Ord. No. 2020-5]
C.
All streets shall have curbs and sidewalks on both sides of the street, except that sidewalks may be waived by the reviewing board upon application by the developer and presentation by him of evidence satisfactory to the reviewing board that they are not needed on both sides of the street to serve the needs of the residents of the planned adult community for proper pedestrian circulation.
§ 65-86.15 Parking.
Parking shall be as required by Article XX.
§ 65-86.16 Landscape buffers.
Landscape buffers shall be as required by Article XXI.
§ 65-86.17 Development standards.
§ 65-86.18 Homeowners' association.
A.
There shall be established within the planned adult community a homeowners' association, which shall own, maintain and be responsible for the following lands within the community:
(1)
The homeowners' association shall own and be responsible for the maintenance, repair and reconstruction of all streets, roads, drives, alleys and other such paths of travel in and about said community, including the responsibility for snow removal therefrom and lighting thereof.
(2)
The homeowners' association shall own and be responsible for the maintenance, repair and reconstruction of all buildings and lands owned by the residents of the community in common with one another. Such lands' shall include, at a minimum, all recreational areas, open space and drainage facilities required by the reviewing board for the community.
(3)
The homeowners' association shall provide all residents of the community with trash and garbage pickup and disposal on at least a weekly basis.
B.
The application for approval of a planned adult community shall be accompanied by the following information concerning the homeowners' association:
(1)
An estimated budget for the homeowners' association, including adequate reserves.
(2)
The type, size and location of the recreational facilities, including the size of the pool and clubhouse, if any, and the adequacy of the same for the number of units planned.
(3)
The capability of the applicant to complete the project and fulfill obligations to homeowners and the Township.
(4)
The method and timing of transition of control of the homeowners' association from the applicant to the residents.
(5)
Clarification of restrictions, such as occupancy, right to rent, architectural style and use of common property.
(6)
The existence of and date of expiration of any management contracts.
(7)
Rights of inspection before closing.
(8)
Escrow of deposits.
(9)
Rights of parties if units are not completed by closing.
(10)
Homeowners' association facilities to be dedicated from applicant free of liens.
(11)
Responsibility for maintenance of unsold units.
(12)
Developers right of first refusal to purchase on resales.
C.
The proposed form of deed to be used in conveying lands to the homeowners' association and of any declaration of restrictive covenant shall be presented to the reviewing body and the Township Committee for their approval.