(a)   The purpose of this chapter is to establish minimum zoning requirements for garden condominium development.

   (b)   In order to provide and protect the public health, safety and convenience and the general welfare of the community, garden condominium dwellings shall be erected, altered, moved, maintained or used, and the land surrounding such garden condominium development shall be used, only in accordance with this chapter and other applicable codes.

   (c)   The rules and specifications in this chapter are designed to provide an open type of residential land use with medium dwelling unit densities. This type of development will constitute a benefit to the existing area.

   (d)   The regulations contained in this chapter relate solely to garden condominiums, as hereinafter defined. Such garden condominiums will be individually owned.

(Ord.86-0-7. Passed 7-8-86.)

   As used in this chapter:

   (a)   "Condominium," as it relates to the entire project, means a situation in which a person individually owns a dwelling unit and the space it occupies. Such person and his or her neighbors jointly own the adjacent buildings, recreation areas and common facilities of the condominium community. Such person receives a warranty deed and policy of title insurance which insures his or her title and interest in his or her unit and the common areas and facilities. Such ownership shall be in compliance with the provisions of Ohio R.C. Chapter 5311 et seq. relating to condominium property.

   (b)   "Dwelling unit" means one section or portion of a condominium complex, designed and utilized as living area for one family or individual. Such unit may be attached to other units but shall be divided from other units as required by this or other applicable codes.

   (c)   "Garden condominium" means a type of condominium dwelling unit in which the entire living area is contained on one floor, with or without a basement, which units are attached to one another by varying combinations of common walls and floors. Each such unit may be attached to other dwelling units, but shall retain its one-floor design.

(Ord.86-0-7. Passed 7-8-86.)

   (a)   No building other than those herein permitted shall be built in the Garden Condominium District.

   (b)   The following types of buildings are permitted in the Garden Condominium District

      (1)   Garden condominiums; and

      (2)   Buildings and uses permitted in Chapter 1256.

   (c)   The only uses permitted in the Garden Condominium District are residential uses and uses relative and necessary thereto.

(Ord.86-0-7. Passed 7-8-86.)

   The following accessory buildings and structures are permitted in the Garden Condominium District

   (a)   Private parking and garage facilities for automobiles; and

   (b)   Landscaped and recreational areas, including structures, pools, fences and walls related thereto.

(Ord.86-0-7. Passed 7-8-86.)

   Land and buildings shall be constructed and used as follows:

   (a)    Main Uses.

      (1)   The minimum total lot area shall be seven contiguous acres.

      (2)   The maximum density shall be twelve dwelling units per acre.

       (3)    The front setback from the right of way shall be forty feet.

      (4)   The side and rear yard setbacks shall be according to the schedule found in Section 1254.04(a) (5).

      (5)   The maximum height of any building shall be thirty-five feet.

   (b)    Accessory Uses.

      (1)   Accessory use buildings shall conform in height and design to the surrounding condominium buildings. No commercial enterprise is permitted in this District.

      (2)   Storage garages for maintenance vehicles accessory to the condominium development shall be wholly enclosed and may be adjacent to the main structures, but not less than five feet from the side or rear lot line.

(Ord.86-0-7. Passed 7-8-86.)

   Condominium structures shall be designed to provide the following minimum yard dimensions

   (a)   The minimum distance between parallel walls of two buildings (front or rear) which overlap fifty percent or more shall be three times the height of the taller building, but not less than forty feet.

   (b)   The minimum distance between the parallel walls of two buildings (front and rear) which overlap less than fifty percent shall be two times the height of the taller building, but not less than forty feet.

   (c)   The minimum distance between parallel walls of two buildings where a front or rear wall faces a side wall shall be one and one-half times the height of the taller building, but not less than forty feet.

   (d)   The minimum distance between parallel side walls of two buildings which overlap fifty percent or more shall be two times the height of the taller building, but not less than twenty feet.

   (e)   The minimum distance between parallel side walls of two buildings which overlap less than fifty percent shall be one and one-half times the height of the taller building, but not less than twenty feet.

   (f)   Percentage of overlap shall be determined by the longest or widest building.

   (g)   The requirements set out in subsections (d) and (e) hereof may be reduced by the Planning and Zoning Commission, in a proper circumstance. A proper circumstance is defined as one in which good design and layout warrant such a reduction, after due consideration of adequate vehicular and pedestrian traffic patterns, approval of both the Safety Department and the Service Department, and other aesthetic, or, construction determinations. In no event shall the distance be reduced to less than twenty feet, either by the Planning and Zoning Commission or by the Board of Zoning Appeals.

   (h)   Distances relative to accessory buildings are covered in other sections of this Zoning Code.

(Ord.86-0-7. Passed 7-8-86.)

   (a)   All areas not occupied by buildings, drives, walls, etc. shall be seeded in grass, landscaped and maintained in an orderly fashion.

   (b)   All open parking areas shall be screened from adjoining properties, unless the adjoining use is also being used for condominiums.

   (c)   Screening shall consist of either evergreen plantings spaced two feet on center, a minimum of five feet in height each, or a vision-impairing fence (such as a redwood basket-weave type) five feet high. All screening is subject to approval by the Planning and Zoning Commission.

(Ord.86-0-7. Passed 7-8-86.)

   All dwelling units shall conform to the following specifications:

   (a)    Area.

      (1)-The area of a dwelling unit shall be the sum of the gross floor areas of living space, including any square footage of laundry rooms in excess of ten square feet, and excluding basements, porches, utility and general storage-- rooms, common halls, stairways and garages.

      (2)   The minimum area of a dwelling unit within the Garden Condominium District shall not be less than the following:

            Type of Garden Condominium         Area (Sq . Ft. )

         A.   One Bedroom Bedroom      650

         B.   Two Bedroom            800

         C.   Three Bedroom         900

   Square footage shall be measured from the interior face of exterior and common walls.

   (b)   Concentration of Dwelling Units. In the Garden Condominium District, no structure shall have a total number of dwelling units of less than three or more than sixteen. The placement of buildings shall provide staggering of fronts and arrangement subject to the approval of the Planning and Zoning Commission.

   (a)   Number. There shall be provided no less than two unenclosed parking spaces per dwelling unit. Completely enclosed garage spaces may be provided equal in number to the number of dwelling units on the project site.

   (b)   Size of Parking Spaces. No parking space shall be less than 180 square feet in area, excluding drives, curbs and turning spaces. The minimum width shall be nine feet. Driving lanes between parking spaces shall be at least eighteen feet wide.

   (c)   Location.

      (1)   No parking spaces or garage shall be more than 250 feet away from a building entrance.

      (2)   Parking spaces may be located between the public right-of-way, or the rear and side property lines, and a structure.

      (3)   Parking spaces may be permitted between buildings facing rear to rear or side to rear.

   (d)   Access Drives.

      (1)   Access drives shall be provided to service the parking spaces and permit ingress and egress of emergency or public safety vehicles. Access drives shall not be less than eighteen feet in width for two-way vehicular movement or ten feet in width for one-way movement.

      (2)   The access drives and parking spaces may be paved with either asphalt or concrete. Fire lanes shall be governed by the provisions of the Fire Prevention Code.

(Ord.86-0-7. Passed 7-8-86.)

   (a)   Floodlights and other forms of exterior lighting shall be designed and constructed so as not to permit the open source of light to be visible from areas not within the project limits of the Garden Condominium District.

   (b)   A private swimming pool is permitted within this District. Such pool may be installed at the option of the owner and upon approval of the Planning and Zoning Commission, subject to the following specifications:

      (1)   Such a pool shall be permanently constructed in-ground, with a depth in excess of two feet at any point, and shall have a minimum dimension of thirty feet by sixty feet.

      (2)   Such a pool shall be maintained for the exclusive use and benefit of the owners of the dwelling units and shall not be operated for profit.

      (3)   Such a pool shall be located on the same lot as the dwelling units served.

      (4)   Such a pool shall be enclosed within a wall or fence to prevent access except through a controlled point. Such fence shall be a minimum of four feet high.

(Ord.86-0-7. Passed 7-8-86.)

   All means of transmitting or carrying utilities, including street lights, within the Garden Condominium District, shall be located underground. Refuse collection bins shall be shielded from view and kept in a sanitary condition at all times.

(Ord.86-0-7. Passed 7-8-86.)

   (a)   Development plans shall be submitted in compliance with Chapter 1222. The plans shall show the relationship of the proposed development to surrounding streets and contiguous properties and structures.

(Ord.86-0-7. Passed 7-8-86. )

   (b)   No permit shall be issued for the erection or alteration of a building in the Garden Condominium District, unless there has been filed with the Planning and Zoning Commission preliminary plans and other data. Such plans and data shall be approved by the Commission if it finds that they provide for an integrated and harmonious design of buildings, including the exclusive use of brick, masonite dropside siding or other comparable material on the exterior approved by the Commission, appropriate entrances to suites, adequate and properly arranged facilities for internal traffic circulation, and provision for primary access, landscaping and screen planting and public water, sewer, storm water drainage and other facilities, all as may be necessary or appropriate to encourage proper development or use of other properties surrounding or in the vicinity of the Garden Condominium District and to preserve and protect the public health, safety, convenience or comfort.

(Ord.89-0-8. Passed 6-13-89.)

   (c)   When the Commission has found that the preliminary plans and other data for the buildings under this section comply with the requirements of this Zoning Code, it shall approve such preliminary plans.

   (d)   Final project plans shall also be submitted to and approved by the Commission before construction is started. Approval of final plans shall be made when the Commission finds that the plans meet the requirements of this Zoning Code.

   (e)   The Zoning Inspector shall issue the proper zoning permits upon payment of the required fees after the final plans are approved by the Commission.

(Ord.86-0-7. Passed 7-8-86.)

   (EDITOR’S NOTE: Section 1257.13 was repealed by Ord. 2008-O-18, passed 10-28-08. See Chapter 1268 for current provisions regulating floodlights and exterior lighting.)